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117-s-2214 | II 117th CONGRESS 1st Session S. 2214 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Rubio (for himself and Ms. Rosen ) 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 increase the ability of Medicare and Medicaid providers to access the National Practitioner Data Bank for the purpose of conducting employee background checks.
1. Short title This Act may be cited as the Promote Responsible Oversight and Targeted Employee background Check Transparency for Seniors Act or the PROTECTS Act . 2. Permitting Medicare and Medicaid providers to access the National Practitioner Data Bank to conduct employee background checks Section 1921(b)(6) of the Social Security Act ( 42 U.S.C. 1396r–2(b)(6) ) is amended— (1) by striking and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986) and inserting , other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986), providers of services (as defined in section 1861(u)), suppliers (as defined in section 1861(d)), and providers of items or services under a State plan under this title (or a waiver of such a plan) ; and (2) by striking such hospitals or other health care entities and inserting such hospitals, health care entities, providers, or suppliers . | https://www.govinfo.gov/content/pkg/BILLS-117s2214is/xml/BILLS-117s2214is.xml |
117-s-2215 | II 117th CONGRESS 1st Session S. 2215 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Stabenow (for herself, Mr. Crapo , Mrs. Feinstein , Ms. Collins , Mr. Leahy , Mr. Risch , Ms. Rosen , Mr. Marshall , Ms. Klobuchar , and Mr. Moran ) 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 an exclusion for assistance provided to participants in certain veterinary student loan repayment or forgiveness programs.
1. Short title This Act may be cited as the Veterinary Medicine Loan Repayment Program Enhancement Act . 2. Exclusion for assistance provided to participants in certain veterinary student loan repayment or forgiveness programs (a) In general Paragraph (4) of section 108(f) of the Internal Revenue Code of 1986 is amended— (1) by striking or after such Act, , (2) by striking the period at the end and inserting , under section 1415A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3151a ), or under any other State loan repayment or loan forgiveness program that is intended to provide for increased access to veterinary services in such State. , and (3) by striking state in the heading and inserting other . (b) Effective date The amendments made by this section shall apply to amounts received by an individual in taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2215is/xml/BILLS-117s2215is.xml |
117-s-2216 | II 117th CONGRESS 1st Session S. 2216 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Kennedy (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Secretary of Defense and the Secretary of State to develop a plan for the relocation and admission to the United States of certain citizens of Afghanistan, and for other purposes.
1. Short title This Act may be cited as the Save Our Afghan Allies Act . 2. Department of Defense plan for relocation and admission to the United States of certain citizens of Afghanistan (a) Plan required (1) In general The Secretary of Defense, in coordination with the Secretary of State, shall develop a plan for the relocation and admission to the United States pursuant to special immigrant visas of citizens of Afghanistan who are aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). (2) Element The plan required by paragraph (1) shall provide for the relocation and admission of such citizens of Afghanistan before the date on which the withdrawal of the United States Armed Forces from Afghanistan is completed. (b) Submittal to Congress Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress the plan developed under subsection (a)(1). (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2216is/xml/BILLS-117s2216is.xml |
117-s-2217 | II 117th CONGRESS 1st Session S. 2217 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Hirono (for herself, Ms. Klobuchar , Mr. Durbin , Mr. Brown , Mr. Padilla , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry.
1. Short title This Act may be cited as the Women and Minorities in STEM Booster Act of 2021 . 2. Grant program to increase the participation of women and underrepresented minorities in stem fields (a) Findings Congress finds the following: (1) According to the National Academy of Sciences, STEM education is critical to ensuring the United States maintains a diverse and competitive workforce. (2) According to the United States Census Bureau, women were still vastly underrepresented in the STEM workforce in 2019: comprising nearly half of the United States workforce (48 percent), but only slightly more than a quarter of STEM workers (27 percent). (3) According to the National Science Foundation, women only represent 28 percent of all science and engineering workers: comprising 29 percent of physical scientists, 25 percent of computer and mathematical scientists, and 13 percent of engineers. (4) According to the National Center of Education Statistics (NCES), women are more likely than men to switch out of STEM majors: 32 percent, compared to 26 percent. NCES has also found that while a higher percentage of bachelor’s degrees are awarded to females than males (58 percent, compared to 42 percent), within STEM fields a lower percentage of bachelor’s degrees were awarded to females than males (36 percent, compared to 64 percent). (5) According to the National Action Council for Minorities in Engineering, Inc., the United States needs to increase the number of underrepresented minorities who become engineers in order to remain competitive in a world of technological innovation. (6) According to Asian Americans Advancing Justice (AAJC), data on Asian Americans and Pacific Islanders (AAPIs) tend to hide the fact that certain AAPI subgroups are still underrepresented in STEM: with Cambodian (9 percent), Laotian (8 percent), Hmong (8 percent), and Native Hawaiian and Pacific Islander (7 percent) workers significantly underrepresented compared to other workers in the United States (12 percent). (7) Data also tend to hide the fact that certain subgroups are underrepresented in postsecondary education: with Cambodian (18 percent), Hmong (17 percent), Laotian (16 percent), and Native Hawaiian and Pacific Islander (15 percent) students receiving a bachelor’s degree or higher at lower rates than other students (30 percent). Furthermore, certain subgroups also experience poverty at higher rates: with Hmong (28 percent), Cambodian (21 percent), Native Hawaiian and Pacific Islanders (20 percent), and Laotian (17 percent) households living below the Federal poverty level at significantly higher rates than the overall population (15 percent). (8) Finally, NCES has found that women and underrepresented minorities leave STEM at higher rates than their counterparts, leading to a need to develop resources to retain these groups in STEM. (b) Program authorized The Director of the National Science Foundation shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out the activities described in subsection (d), in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics. (c) Application Each eligible entity that desires to receive a grant under this section shall submit an application to the National Science Foundation at such time, in such manner, and containing such information as the Director of the National Science Foundation may reasonably require. (d) Authorized activities An eligible entity that receives a grant under this section shall use such grant funds to carry out one or more of the following activities designed to increase the participation of women or minorities underrepresented in science and engineering, or both: (1) Online workshops. (2) Mentoring programs that partner science, technology, engineering, or mathematics professionals with students. (3) Internships for undergraduate and graduate students in the fields of science, technology, engineering, and mathematics. (4) Conducting outreach programs that provide elementary school and secondary school students with opportunities to increase their exposure to the fields of science, technology, engineering, or mathematics. (5) Programs to increase the recruitment and retention of underrepresented faculty. (6) Such additional programs as the Director of the National Science Foundation may determine. (e) Definitions In this Act— (1) the term minority means American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Asian (including underrepresented subgroups), Native Hawaiian, Pacific Islander origin subgroup, or other ethnic group underrepresented in science and engineering; and (2) the term underrepresented in science and engineering means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below the comparable figure for scientists and engineers who are White and not of Hispanic origin, as determined by the Secretary of Education under section 637.4(b) of title 34, Code of Federal Regulations. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2022, 2023, 2024, 2025, and 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s2217is/xml/BILLS-117s2217is.xml |
117-s-2218 | II 117th CONGRESS 1st Session S. 2218 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Stabenow (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To expand the trade adjustment assistance for workers program, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Trade Adjustment Assistance For Workers Reauthorization 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—Trade adjustment assistance program Subtitle A—Petitions and Determinations Sec. 101. Filing petitions. Sec. 102. Group eligibility requirements. Sec. 103. Eligibility of staffed workers and teleworkers. Sec. 104. Application of determinations of eligibility to workers employed by successors-in-interest. Sec. 105. Notifications to political subdivisions of certain certifications. Sec. 106. Pilot program for expanded eligibility. Sec. 107. Provision of benefit information to workers. Subtitle B—Program Benefits Sec. 111. Modification of qualifying requirements for workers. Sec. 112. Modifications to trade readjustment allowances. Sec. 113. Automatic extension of trade readjustment allowances. Sec. 114. Employment and case management services. Sec. 115. Training for workers. Subtitle C—Other Matters Sec. 121. Agreements with States. Sec. 122. Eligibility criteria for reemployment trade adjustment assistance. Sec. 123. Subpoena power. Sec. 124. Data collection with respect to training. Subtitle D—General Provisions Sec. 131. Extension of trade adjustment assistance program. Sec. 132. Applicability of trade adjustment assistance provisions. Sec. 133. Sense of Congress. TITLE II—Amendments to Worker Adjustment and Retraining Notification Act Sec. 201. Worker Adjustment and Retraining Notification Act. TITLE III—Health care tax credit Sec. 301. Permanent credit for health insurance costs. I Trade adjustment assistance program A Petitions and Determinations 101. Filing petitions Section 221(a)(1) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1) ) is amended— (1) by amending subparagraph (A) to read as follows: (A) One or more workers in the group of workers. ; and (2) in subparagraph (C)— (A) by striking or a State dislocated worker unit and inserting a State dislocated worker unit ; and (B) by adding at the end before the period the following: , or workforce intermediaries, including labor-management organizations that carry out re-employment and training services . 102. Group eligibility requirements (a) In general Section 222(a)(2) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting or failed to increase after absolutely ; and (B) in clause (iii)— (i) by striking to the decline and inserting to any decline or absence of increase ; and (ii) by striking or at the end; (2) in subparagraph (B)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) (i) the sales or production, or both, of such firm have decreased; (ii) (I) exports of articles produced or services supplied by such workers’ firm have decreased; or (II) imports of articles or services necessary for the production of articles or services supplied by such firm have decreased; and (iii) the decrease in exports or imports described in clause (ii) contributed to such workers’ separation or threat of separation and to the decline in the sales or production of such firm. . (b) Repeal Section 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (1) in subsections (a) and (b), by striking importantly each place it appears; and (2) in subsection (c)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. 103. Eligibility of staffed workers and teleworkers Section 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended by adding at the end the following: (f) Treatment of staffed workers and teleworkers (1) In general For purposes of subsection (a), workers in a firm include staffed workers and teleworkers. (2) Definitions In this subsection: (A) Staffed worker The term staffed worker means a worker who performs work under the operational control of a firm that is the subject of a petition filed under section 221, even if the worker is directly employed by another firm. (B) Teleworker The term teleworker means a worker who works remotely but who reports to the location listed for a firm in a petition filed under section 221. . 104. Application of determinations of eligibility to workers employed by successors-in-interest Section 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ) is further amended by adding at the end the following: (f) Treatment of workers of successors-in-Interest If the Secretary certifies a group of workers of a firm as eligible to apply for adjustment assistance under this chapter, a worker of a successor-in-interest to that firm shall be covered by the certification to the same extent as a worker of that firm. . 105. Notifications to political subdivisions of certain certifications Section 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ), as amended by section 104, is further amended by adding at the end the following: (g) Notifications to political subdivisions of certain certifications (1) Notification to Secretary of Commerce Upon issuing a certification or certifications of eligibility under subsection (a) pursuant to one or more petitions filed under section 221 covering more than 1,000 workers within a political subdivision during a calendar year, the Secretary shall notify the Secretary of Commerce. (2) Notification to political subdivisions Upon receiving a notification under paragraph (1) with respect to a political subdivision, the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development, shall— (A) notify the political subdivision of economic assistance grants, loans, and other financial assistance available from the Economic Development Administration; and (B) if the political subdivision applies for any such assistance and meets the requirements for receiving the assistance, provide the political subdivision with priority for receiving that assistance. . 106. Pilot program for expanded eligibility Section 223 of the Trade Act of 1974 ( 19 U.S.C. 2273 ), as amended by section 105, is further amended by adding at the end the following: (h) Pilot program for expanded eligibility (1) In general The Secretary of Labor may establish a pilot program under which the Secretary may certify under subsection (a) as eligible to apply for adjustment assistance under this subchapter groups of workers who do not meet the eligibility requirements under section 222. (2) Requirement The Secretary may not provide to workers covered by a certification of eligibility under paragraph (1) benefits that are reduced relative to the benefits received by other workers under this subchapter. (3) Notification to Congress Before implementing the pilot program under paragraph (1), the Secretary shall submit to Congress a report that includes— (A) a detailed plan for the program; and (B) a justification for each requirement under section 222 to be waived under the program. (4) Termination The pilot program under paragraph (1) shall terminate at such time as the Secretary considers appropriate. (5) Report required Not later than 90 days after the termination under paragraph (4) of the pilot program under paragraph (1), the Secretary shall submit to Congress a report on the outcomes for the workers who participated in the program. . 107. Provision of benefit information to workers Section 225 of the Trade Act of 1974 ( 19 U.S.C. 2275 ) is amended— (1) in subsection (a), by inserting after the second sentence the following new sentence: The Secretary shall make every effort to provide such information and assistance to workers in their native language. ; and (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: (2) The Secretary shall provide a second notice to a worker described in paragraph (1) before the worker has exhausted all rights to any unemployment insurance to which the worker is entitled (other than additional compensation described in section 231(a)(3)(B) funded by a State and not reimbursed from Federal funds). ; (C) in paragraph (3), as redesignated by subparagraph (A), by inserting print or digital before newspapers ; and (D) by adding at the end the following: (4) For purposes of providing outreach regarding the benefits available under this chapter to workers covered by a certification made under this subchapter, the Secretary may take any necessary actions, including the following: (A) Collecting the email addresses and telephone numbers of such workers from the employers of such workers to provide outreach to such workers. (B) Partnering with the certified or recognized union, a community-based worker organization, or other duly authorized representatives of such workers. (C) Hiring peer support workers to perform outreach to other workers covered by that certification. (D) Using advertising methods and public information campaigns, including social media, in addition to notice published in print or digital newspapers under paragraph (3). . B Program Benefits 111. Modification of qualifying requirements for workers (a) In general Section 231(a) of the Trade Act of 1974 ( 19 U.S.C. 2291(a) ) is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (3) in paragraph (4), as redesignated by paragraph (2), by striking paragraphs (1) and (2) each place it appears and inserting paragraph (1) . (b) Conforming amendments (1) Weekly amounts Section 232 of the Trade Act of 1974 ( 19 U.S.C. 2292 ) is amended by striking section 231(a)(3)(B) each place it appears and inserting section 231(a)(2)(B) . (2) Limitations Section 233(a) of the Trade Act of 1974 ( 19 U.S.C. 2293(a) ) is amended— (A) in paragraph (1), by striking section 231(a)(3)(A) and inserting section 231(a)(2)(A) ; and (B) in paragraph (2)— (i) by striking adversely affected employment and all that follows through (A) within and inserting adversely affected employment within ; (ii) by striking , and and inserting a period; and (iii) by striking subparagraph (B). 112. Modifications to trade readjustment allowances (a) Payment To complete training Section 233 of the Trade Act of 1974 ( 19 U.S.C. 2293 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting after 104-week period the following: (or, in the case of an adversely affected worker who requires a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-week period) ; (B) in paragraph (3), by striking 65 additional weeks in the 78-week period and inserting 78 additional weeks in the 91-week period ; and (C) in the flush text, by striking 78-week period and inserting 91-week period ; and (2) by amending subsection (f) to read as follows: (f) Payment of trade readjustment allowances To complete training Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 that includes a program of prerequisite education or remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter. . (b) Payment to workers in on-the-Job training, customized training, or apprenticeship programs Section 233(d) of the Trade Act of 1974 ( 19 U.S.C. 2293(d) ) is amended to read as follows: (d) Payment to workers in on-the-Job training, customized training, or apprenticeship programs (1) In general Except as provided in paragraph (2) and notwithstanding any other provision of this chapter, a trade readjustment allowance may be paid under this part to an adversely affected worker for any week during which the worker is receiving on-the-job training or customized training, or is participating in a registered apprenticeship program, under section 236. (2) Income limitation The Secretary shall reduce the amount of the trade readjustment allowance otherwise payable to a worker under paragraph (1) to ensure that the sum of the income of the worker from the on-the-job training, customized training, or apprenticeship program described in that paragraph and the trade readjustment allowance paid to the worker under that paragraph does not exceed $55,000 during a year. (3) Adjustment of income limitation for inflation (A) In general The Secretary of Labor shall adjust the income limitation under paragraph (2) on October 1, 2021, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. (B) Special rules for calculation of adjustment In making an adjustment under subparagraph (A), the Secretary— (i) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and (ii) may ignore any such increase of less than 1 percent. (C) Consumer Price Index defined For purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . 113. Automatic extension of trade readjustment allowances (a) In general Part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2291 et seq. ) is amended by inserting after section 233 the following new section: 233A. Automatic extension of trade readjustment allowances (a) In general Notwithstanding the limitations under section 233(a), the Secretary shall extend the period during which trade readjustment allowances are payable to an adversely affected worker who completes training approved under section 236 by the Secretary during a period of heightened unemployment with respect to the State in which the worker seeks benefits, for the shorter of— (1) the 26-week period beginning on the date of completion of such training; or (2) the period ending on the date on which the adversely affected worker secures employment. (b) Job search required A worker shall be eligible for an extension under subsection (a) only if the worker is complying with the job search requirements associated with unemployment insurance in the applicable State. (c) Period of heightened unemployment defined In this section, the term period of heightened unemployment with respect to a State means a 90-day period during which, in the determination of the Secretary, either of the following average rates equals or exceeds 5.5 percent: (1) The average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period. (2) The average rate of total unemployment in all States (seasonally adjusted) for the period consisting of the most recent 90 days for which data for all States are published before the close of such period. . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 233 the following: Sec. 233A. Automatic extension of trade readjustment allowances. . 114. Employment and case management services Section 235 of the Trade Act of 1974 ( 19 U.S.C. 2295 ) is amended— (1) in paragraph (3)— (A) by inserting after regional areas the following: (including information about registered apprenticeship programs, on-the-job training opportunities, and other work-based learning opportunities) ; and (B) by inserting after suitable training the following: , information regarding the track record of a training provider’s ability to successfully place participants into suitable employment ; (2) by redesignating paragraph (8) as paragraph (9); and (3) by inserting after paragraph (7) the following: (8) Information related to direct job placement, including facilitating the extent to which employers within the community commit to employing workers who would benefit from the employment and case management services under this section. . 115. Training for workers Section 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking subparagraph (A); (ii) by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively; and (iii) in subparagraph (C), as redesignated by clause (ii), by inserting , with a demonstrated ability to place participants into employment before the comma at the end; (B) in paragraph (2)(A)— (i) by striking shall not exceed $450,000,000 and inserting the following: “shall not exceed— (i) $450,000,000 ; (ii) by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (ii) $1,000,000,000 for each of fiscal years 2022 through 2028. ; (C) by striking paragraph (3); (D) by redesignating paragraphs (4) through (11) as paragraphs (3) through (10), respectively; (E) in subparagraph (E) of paragraph (4), as redesignated by subparagraph (D), by inserting , including a pre-apprenticeship program, after coursework ; (F) in subparagraph (B) of paragraph (8), as so redesignated— (i) in clause (i), by striking paragraph (1)(E) and inserting paragraph (1)(D) ; and (ii) in clause (ii), by striking paragraph (1)(F) and inserting paragraph (1)(E) ; and (G) in paragraph (9), as so redesignated— (i) in subparagraph (A), by striking paragraph (5)(A)(i) and inserting paragraph (4)(A)(i) ; and (ii) in subparagraph (B), by striking paragraph (5)(A)(ii) and inserting paragraph (4)(A)(ii) ; (2) in subsection (c)(3)(B), by striking , but may not exceed 104 weeks in any case ; (3) by striking subsection (e); (4) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (5) by adding at the end the following: (g) Reimbursement for out-of-Pocket training expenses If the Secretary approves training for a worker under paragraph (1) of subsection (a), the Secretary may reimburse the worker for out-of-pocket expenses relating to training programs described in paragraph (4) of that subsection that were incurred by the worker on and after the date of the worker's total or partial separation and before the date on which the certification of eligibility under section 222 that covers the worker is issued. (h) Pre-Apprenticeship defined For purposes of subsection (a)(4)(D), the term pre-apprenticeship , with respect to a program, means an initiative or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). . C Other Matters 121. Agreements with States (a) Coordination Section 239(f) of the Trade Act of 1974 ( 19 U.S.C. 2311(f) ) is amended— (1) by striking (f) Any agreement and inserting the following: (f) (1) Any agreement ; and (2) by adding at the end the following: (2) Each cooperating State agency shall arrange for training programs to be carried out by entities that— (A) have a proven track record in achieving a satisfactory rate of completion and placement in jobs that provides a living wage, basic benefits that increase economic security, and develop the skills, networks, and experiences necessary to advance along a career path; (B) work to assist workers from underserved communities to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; (C) facilitate joint cooperation between representatives of workers, employers, and communities, especially in underserved rural and urban regions, to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses; and (D) have a proven track record in adequately serving individuals who face the greatest barriers to employment, including people with low incomes, people of color, immigrants, and formerly incarcerated individuals. (3) Each cooperating State agency shall seek, including through agreements and training programs described in this subsection, to ensure the reemployment of adversely affected workers upon completion of training as described in section 236. . (b) Administration (1) In general Section 239(g) of the Trade Act of 1974 ( 19 U.S.C. 2311(g) ) is amended— (A) by redesignating— (i) paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (ii) paragraph (5) as paragraph (8); (B) by inserting before paragraph (3), as redesignated by subparagraph (A), the following: (1) review each layoff of more than 5 workers in a firm to determine whether trade played a role in the layoff and whether workers in such firm are potentially eligible to receive benefits under this chapter, (2) perform outreach to firms to facilitate and assist with filing petitions under section 221 and collecting necessary supporting information, ; (C) in paragraph (3), as so redesignated, by striking who applies for unemployment insurance of and inserting identified under paragraph (1) of unemployment insurance benefits and ; (D) in paragraph (4), as so redesignated, by inserting and assist with after facilitate ; (E) in paragraph (6), as so redesignated, by striking and at the end; (F) by inserting after paragraph (6), as so redesignated, the following: (7) perform outreach to workers from underserved communities and to firms that employ a majority or a substantial percentage of workers from underserved communities and develop a plan, in consultation with the Secretary, for addressing common barriers to receiving services that such workers have faced, ; (G) in paragraph (8), as so redesignated, by striking funds provided to carry out this chapter are insufficient to make such services available, make arrangements to make such services available through other Federal programs. and inserting support services are needed beyond what may be provided under this chapter, make arrangements to coordinate such services available through other Federal programs; ; and (H) by adding at the end the following: (9) develop a strategy to engage with local workforce development institutions, including local community colleges and other educational institutions, and (10) develop a comprehensive strategy to provide agency staffing to support the requirements of paragraphs (1) through (9). . (2) Limitations on administrative expenses and employment and case management services Section 235A of the Trade Act of 1974 ( 19 U.S.C. 2295a ) is amended— (A) by striking Of the funds and inserting (a) In general .—Of the funds ; and (B) by adding at the end the following: (b) Clarification Activities described in paragraphs (1) through (9) of section 239(g) shall not be considered to be activities relating to the administration of the trade adjustment assistance for workers program for purposes of the limitation on administrative expenses under subsection (a)(1). . (c) Performance measures Section 239(j)(2) of the Trade Act of 1974 ( 19 U.S.C. 2311(j)(2) ) is amended— (1) by amending subparagraph (B) to read as follows: (B) Additional indicators and analytics The Secretary and a cooperating State or cooperating State agency— (i) shall conduct a comparative analysis between the median earnings of workers described in subparagraph (A)(i)(I) and the distributions of earnings across the workforce in the affected economic region; and (ii) may agree upon additional indicators of performance for the trade adjustment assistance program under this chapter, as appropriate. ; and (2) by adding at the end the following: (C) Dashboard The Secretary shall require each cooperating State and cooperating State agency to perform workforce analytics for the purpose of creating a dashboard that includes different measures of job quality for reemployment and training activities provided under this chapter. . (d) Staffing Section 239 of the Trade Act of 1974 ( 19 U.S.C. 2311 ) is amended by striking subsection (k) and inserting the following: (k) Staffing An agreement entered into under this section shall provide that the cooperating State or cooperating State agency shall require that any individual engaged in functions to carry out the trade adjustment assistance program under this chapter shall be a State employee covered by a merit system of personnel administration. . 122. Eligibility criteria for reemployment trade adjustment assistance (a) In general Section 246(a) of the Trade Act of 1974 ( 19 U.S.C. 2318(a) ) is amended— (1) in paragraph (3)(B)(ii), by striking $50,000 and inserting $55,000 ; (2) in paragraph (4)(A), by striking the earlier of and all that follows and inserting the date on which the worker obtains reemployment described in paragraph (3)(B). ; and (3) by adding at the end the following: (8) Adjustment of salary limitation and total amount of payments for inflation (A) In general The Secretary of Labor shall adjust the salary limitation under paragraph (3)(B)(ii) and the amount under paragraph (5)(B)(i) on October 1, 2021, and at the beginning of each fiscal year thereafter, to reflect the percentage (if any) of the increase in the average of the Consumer Price Index for the preceding 12-month period compared to the Consumer Price Index for fiscal year 2020. (B) Special rules for calculation of adjustment In making an adjustment under subparagraph (A), the Secretary— (i) shall round the amount of any increase in the Consumer Price Index to the nearest dollar; and (ii) may ignore any such increase of less than 1 percent. (C) Consumer Price Index defined For purposes of this paragraph, the term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . (b) Pilot program for expanded eligibility Section 246 of the Trade Act of 1974 ( 19 U.S.C. 2318 ) is amended by adding at the end the following: (c) Pilot program for expanded eligibility (1) In general The Secretary may establish a pilot program under which the Secretary may provide benefits under paragraph (2) of subsection (a) to workers younger than 50 years of age who otherwise meet the eligibility requirements set forth in paragraph (3) of that subsection. (2) Requirement The Secretary may not provide to workers under paragraph (1) benefits that are reduced relative to the benefits received by other workers under this section. (3) Notification to Congress Before implementing the pilot program under paragraph (1), the Secretary shall submit to Congress a report that includes a detailed plan for the program. (4) Termination The pilot program under paragraph (1) shall terminate at such time as the Secretary considers appropriate. (5) Report required Not later than 90 days after the termination under paragraph (4) of the pilot program under paragraph (1), the Secretary shall submit to Congress a report on the outcomes for the workers who participated in the program. . 123. Subpoena power Section 249 of the Trade Act of 1974 ( 19 U.S.C. 2321 ) is amended— (1) in subsection (a), by adding at the end the following: That authority includes the authority of States to require, by subpoena, a firm to provide information on workers employed by, or totally or partially separated from, the firm that is necessary to make a determination under this chapter or to provide outreach to workers, including the names and address of workers. ; and (2) by adding at the end the following: (c) Enforcement of subpoenas by States A State may enforce compliance with a subpoena issued under subsection (a)— (1) as provided for under State law; and (2) by petitioning an appropriate United States district court for an order requiring compliance with the subpoena. . 124. Data collection with respect to training Section 249B of the Trade Act of 1974 ( 19 U.S.C. 2323 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by adding at the end before the period the following: , and the relevant demographic information (including race, ethnicity, gender, income level, and age) regarding such workers ; (ii) in subparagraph (C)— (I) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and (II) by inserting before clause (ii), as so redesignated, the following: (i) the country or countries in which increased imports, shifts in production, and other bases of eligibilities under section 222 originated; ; (B) in paragraph (4)(B), by inserting training provider, after age, ; and (C) by adding at the end the following: (7) Data on individual petitions (A) In general The following information with respect to each petition filed under this chapter: (i) The petition number. (ii) The names of the petitioner, firm, and certified or recognized union or other duly authorized representatives of the group of workers. (iii) The names of the city and State in which the firm is located. (iv) A description of the articles produced or services supplied by the firm. (v) The classification of the firm under the North American Industry Classification System or the Standard Industrial Classification. (vi) The relevant demographic information (including race, ethnicity, gender, income level, and age) regarding the workers. (vii) The determination of the Secretary to certify or deny the petition, including the basis for the determination. (viii) If the petition was certified— (I) the country or countries in which increased imports, shifts in production, or other bases of eligibilities under section 222 originated; and (II) the number of workers covered by the petition, the number of workers who received benefits, and the median earnings of workers upon completion of training or receiving other benefits under this chapter. (B) Format The data collected and reported under this paragraph shall be made available to the public, in a searchable format by each type of information required by clauses (i) through (vii), with an option to receive search results in an electronic spreadsheet format. ; and (2) in subsection (d)— (A) in paragraph (2), by striking ; and and inserting a semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) information on compliance with section 239(g) and on the Secretary’s efforts to identify best practices and support the development of proactive outreach programs in each State; and . D General Provisions 131. Extension of trade adjustment assistance program (a) Repeal of termination provision (1) In general Section 285 of the Trade Act of 1974 ( 19 U.S.C. 2271 note) is repealed. (2) Clerical amendment The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 285. (b) Repeal of snapback provision Section 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 ( Public Law 114–27 ; 129 Stat. 379) is repealed. (c) Reemployment trade adjustment assistance Section 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) ) is amended by striking June 30, 2021 and inserting September 30, 2028 . (d) Authorizations of appropriations (1) Trade adjustment assistance for workers Section 245(a) of the Trade Act of 1974 ( 19 U.S.C. 2317(a) ) is amended by striking June 30, 2021 and inserting September 30, 2028 . (2) Trade adjustment assistance for firms Section 255(a) of the Trade Act of 1974 ( 19 U.S.C. 2345(a) ) is amended by striking 2021 and inserting 2028 . 132. Applicability of trade adjustment assistance provisions (a) Workers certified before date of enactment (1) In general Except as provided in paragraphs (2) and (3), a worker certified as eligible for adjustment assistance under section 222 of the Trade Act of 1974 before the date of the enactment of this Act shall be eligible, on and after such date of enactment, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment. (2) Computation of maximum benefits Benefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment. (3) Authority to make adjustments to benefits Notwithstanding any provision of chapter 2 of title II of the Trade Act of 1974, for the 90-day period beginning on the date of the enactment of this Act, the Secretary is authorized to make any adjustments to benefits to workers described in paragraph (1) that the Secretary determines to be necessary and appropriate in applying and administering the provisions of such chapter 2, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment, in a manner that ensures parity of treatment between the benefits of such workers and the benefits of workers certified after such date of enactment. (b) Workers not certified pursuant to certain petitions filed before date of enactment (1) Certifications of workers not certified before date of enactment (A) Criteria if a determination has not been made If, as of the date of the enactment of this Act, the Secretary of Labor has not made a determination with respect to whether to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. (B) Reconsideration of denials of certifications If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall— (i) reconsider that determination; and (ii) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. (C) Petition described A petition described in this subparagraph is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 on or after January 1, 2021, and before the date of the enactment of this Act. (2) Eligibility for benefits (A) In general Except as provided in subparagraph (B), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in paragraph (1)(C) shall be eligible, on and after the date of the enactment of this Act, to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment, or as such provisions may be amended after such date of enactment. (B) Computation of maximum benefits Benefits received by a worker described in paragraph (1) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act, or as such provisions may be amended after such date of enactment. 133. Sense of Congress It is the sense of Congress that, in administering the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ), a State should— (1) prioritize providing training that leads to employment outcomes that replace 100 percent of an adversely affected worker’s wages; and (2) steer workers toward training that leads to a livable wage and sustainable employment. II Amendments to Worker Adjustment and Retraining Notification Act 201. Worker Adjustment and Retraining Notification Act (a) Availability of trade adjustment assistance Section 3(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(a) ) is amended— (1) in the first sentence— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (B) by striking An employer and inserting (1) An employer ; (2) in the second sentence, by striking If there and inserting the following: (2) If there ; and (3) by adding at the end the following: (3) If the plant closing or mass layoff involved is caused by conditions described in section 222(a)(2) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2) ), then, in serving notice under paragraph (1)(A), the employer shall include in the notice information on the availability of adjustment assistance under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ) for eligible workers. . (b) Notice requirements relating to shifts in production Section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended— (1) in subsection (d), by striking (2) or (3) and inserting (4)(A) or (5) ; and (2) by adding at the end the following: (e) Statement relating to shifts in production of articles or supply of services (1) If the plant closing or mass layoff involved is caused by conditions described in section 222(a)(2)(B) of the Trade Act of 1974 ( 19 U.S.C. 2272(a)(2)(B) ), then, in serving notice under subsection (a), the employer shall include in the notice a statement that the closing or layoff was so caused. (2) Each State that receives a notice under subsection (a) that includes a statement described in paragraph (1) shall notify the Secretary of that receipt, immediately file a petition under subsection (a)(1) of section 221 of the Trade Act of 1974 ( 19 U.S.C. 2271 ) on behalf of that group of workers, and act as the petitioner for that petition under this chapter. (3) If the Secretary receives a petition under paragraph (2) regarding a plant closing or mass layoff affecting a group of workers, the Secretary shall— (A) immediately initiate an investigation under subsection (a)(3) of that section 221; (B) immediately waive the requirements for a hearing under subsection (b) of that section 221; and (C) unless the Secretary issues a determination that includes substantial evidence that the petition has not met the requirements of paragraph (1) or (2)(B) of section 222(a) of the Trade Act of 1974 ( 19 U.S.C. 2272(a) ) within 20 days after receipt of the petition— (i) certify the group of workers under section 222 of that Act ( 19 U.S.C. 2272 ); or (ii) be considered to have issued such certification on the 21st day after receipt of the petition. (4) Even after the Secretary issues such a certification for a group of workers at a firm under paragraph (3)(C), the Secretary may conduct an investigation under subsection (a)(3) of that section 221 to identify additional groups of workers who may be eligible for benefits under this chapter. (f) Notification of downstream producers and suppliers On certification of a group of workers as described in subsection (e)(3)(C), the Secretary, in conjunction with the State in which the site of employment involved is located, shall— (1) endeavor to identify downstream producers and suppliers as defined in section 222(c) of the Trade Act of 1974 ( 19 U.S.C. 2272(c) ) that are potentially impacted by the plant closing or mass layoff involved; (2) provide to such producers and suppliers— (A) concerning benefits available under chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2271 et seq. ), a description of the benefits, of the means for filing a petition and applying for such benefits, and of the availability of assistance in filing the petition; and (B) concerning benefits available under chapter 3 of that title ( 19 U.S.C. 2341 et seq. ), the description specified in subparagraph (A); and (3) direct the producers and suppliers to provide to their workers the description specified in paragraph (2)(A), concerning benefits described in paragraph (2)(A). (g) State transmittal of notices Each State that receives 1 or more notices described in subsection (a)(2) during a calendar quarter shall, not later than 10 days after the end of the quarter, transmit the notices to the Secretary. . (c) Administrative enforcement and database Section 5 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2104 ) is amended— (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following: (b) Administrative enforcement (1) The Secretary may impose a fine on any employer who orders a plant closing or mass layoff in violation of section 3. (2) The Secretary shall deposit the fines in an account. Funds in the account shall be available to States, without appropriation, for an activity authorized under subchapter B of chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2291 et seq. ). (c) Database (1) In general The Secretary shall establish and maintain a database, available to the public, of notices served under section 3(a). (2) Features In carrying out paragraph (1), the Secretary shall ensure that all such notices are accessible and searchable by including in the database— (A) a link to the notices, or files containing the notices in portable document format; and (B) an interactive map and search tool that is capable of— (i) sorting the notices, by date and region of the plant closings and mass layoffs described in the notices; and (ii) enabling the user to locate plant closings and mass layoffs of various sizes, in terms of numbers of employees affected. (3) Other information (A) In general The Secretary shall ensure that the database includes, for each such notice, information on the political subdivision, county, and local area where the plant closing or mass layoff takes place, the number of affected workers, the date of the notice, the date of the beginning of the plant closing or mass layoff, and the North American Industry Classification System code for the affected industry. (B) Definition In this paragraph, the term local area has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). . (d) Report on plant closings and mass layoffs The Worker Adjustment and Retraining Notification Act is amended by inserting after section 10 ( 29 U.S.C. 2109 ) the following: 10A. Report on plant closings and mass layoffs The Secretary shall annually prepare, submit to Congress, and make available to the public, a report that specifies, for the year involved— (1) the number of plant closings and mass layoffs that occurred, for which employers were subject to the notification requirements of section 3; and (2) the number of such plant closings and mass layoffs for which employers met the requirements. . (e) Conforming amendments (1) Worker adjustment and retraining notification act Sections 8(a) and 11 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2107(a) , 2101 note) are amended by striking of Labor . (2) Trade act of 1974 Section 223(a) of the Trade Act of 1974 ( 19 U.S.C. 2273(a) ) is amended by inserting (except as provided in section 3(e)(3)(C) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(e)(3)(C) )) after 40 days . III Health care tax credit 301. Permanent credit for health insurance costs (a) In general Subparagraph (B) of section 35(b)(1) of the Internal Revenue Code of 1986 is amended by striking , and before January 1, 2022 . (b) Increase in credit percentage Subsection (a) of section 35 of the Internal Revenue Code of 1986 is amended by striking 72.5 percent and inserting 80 percent . (c) Conforming amendments Subsections (b) and (e)(1) of section 7527 of the Internal Revenue Code of 1986 are each amended by striking 72.5 percent and inserting 80 percent . (d) Effective date The amendments made by this section shall apply to coverage months beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2218is/xml/BILLS-117s2218is.xml |
117-s-2219 | II 117th CONGRESS 1st Session S. 2219 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Cortez Masto (for herself and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Act of 2014 to repeal the forfeiture rule for peanuts under the nonrecourse marketing assistance loan program, prohibit the use of Federal funds for certain activities, and for other purposes.
1. Short title This Act may be cited as the Removing Excessive Dollars to Uproot and Cut Expensive Government Waste Act or the REDUCE Government Waste Act . 2. Repeal of special rule for peanuts Section 1201 of the Agricultural Act of 2014 ( 7 U.S.C. 9031 ) is amended by striking subsection (e). 3. Prohibition on use of funds for development of beerbots Notwithstanding any other provision of law, no Federal funds may be used for the development of a beerbot or other robot bartender. 4. Prohibition on use of funds for development of insect-based foods Notwithstanding any other provision of law, no Federal funds may be used for the development of insect-based foods for human consumption, including cricket farming and taste-testing of insect-based foods. | https://www.govinfo.gov/content/pkg/BILLS-117s2219is/xml/BILLS-117s2219is.xml |
117-s-2220 | II 117th CONGRESS 1st Session S. 2220 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Menendez (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to clarify the obligations of licensees under section 331 of that Act, and for other purposes.
1. Short title This Act may be cited as the Section 331 Obligation Clarification Act . 2. Licensee requirements (a) In general Section 331 of the Communications Act of 1934 ( 47 U.S.C. 331 ) is amended by striking subsection (a) and inserting the following: (a) Television stations in underserved States (1) Channel allocation (A) Commission policy It shall be the policy of the Commission to allocate channels for commercial television broadcasting in a manner which ensures that not less than 1 very high frequency channel and not less than 1 ultra high frequency channel shall be allocated to each State, if technically feasible. (B) Reallocation of very high frequency channels and ultra high frequency channels In any case in which a licensee of a very high frequency commercial television broadcast station or an ultra high frequency commercial television broadcast station notifies the Commission to the effect that such licensee will agree to the reallocation of its channel to a community within a State in which, at the time of such notification, there is allocated no very high frequency commercial television broadcast channel or ultra high frequency commercial television broadcast channel, as applicable, the Commission shall, notwithstanding any other provision of law, order such reallocation and issue a license to such licensee for that purpose under section 307. (2) Licensee requirements A licensee of a commercial television broadcast station that receives a license under section 307 based on the notification provided under paragraph (1)(B) (or, with respect to a license received before the date of enactment of the Section 331 Obligation Clarification Act , based on the notification provided under the second sentence of this subsection, as in effect before that date of enactment), or to which any such license is transferred, shall— (A) broadcast on the channel of the licensee not fewer than 14 hours of common local programming per week, not fewer than 7 hours of which shall be broadcast between the hours of 6:00 p.m. and midnight; (B) include as part of the common local programming broadcast under subparagraph (A) a substantial amount of particularized local content; (C) maintain a broadcast studio in the station’s community of license for each license so received or transferred; (D) file with the Commission a regular disclosure of all programming broadcast under subparagraph (A) during the period covered by the disclosure, which— (i) shall include a detailed explanation of how that programming satisfies the requirements of that subparagraph; and (ii) the Commission shall make publicly available; and (E) when developing the programming described in subparagraph (A), including the particularized local content required under subparagraph (B), take steps to determine the programming needs of the community to which the channel is allocated, which may include consulting with community leaders and members of the general public in that community. (3) Effect of changes to ultra high frequency station If the station of a licensee described in paragraph (2) changes from a very high frequency commercial television broadcast station to an ultra high frequency commercial television broadcast station— (A) the licensee shall ensure that the change does not affect any special service obligation imposed on the licensee— (i) (I) with respect to a licensee that receives the license before the date of enactment of the Section 331 Obligation Clarification Act , pursuant to the terms of that license; or (II) with respect to a licensee that receives the license on or after the date of enactment of the Section 331 Obligation Clarification Act , because of the fact that the licensee received the license pursuant to paragraph (1)(B); and (ii) without regard to whether the Commission imposed the obligation— (I) by rule or order; or (II) as part of the grant or renewal of the license; and (B) the Commission may not directly or indirectly reduce or eliminate the special service obligation described in subparagraph (A) because of that change. (4) Definition In this subsection, the term particularized local content means programming— (A) aired on a commercial television broadcast channel by a licensee described in paragraph (2); and (B) that— (i) has specific, articulable, and particularized appeal for the community to which the channel described in subparagraph (A) is allocated (as described in paragraph (2)) that is separate and distinct from the general national or general local television market appeal; (ii) includes news or public affairs information about the State, or the region of the State, in which the community described in clause (i) is located; and (iii) is responsive to the unique concerns of the community described in clause (i) as part of a State that lacks a television market that is centered in that State. . (b) Rulemaking; GAO report (1) Definitions In this subsection— (A) the term Commission means the Federal Communications Commission; and (B) the term section 331 means section 331 of the Communications Act of 1934 ( 47 U.S.C. 331 ), as amended by subsection (a). (2) Rules Not later than 1 year after the date of enactment of this Act, the Commission shall issue final rules to implement the amendments made by subsection (a). (3) Requirements The rules required under paragraph (2) shall— (A) contain specific procedures and requirements for how an individual who lives in a community to which a commercial television broadcast channel is reallocated in accordance with subsection (a)(1)(B) of section 331 can challenge whether the licensee with respect to that channel has satisfied the requirements of the licensee under section 331, particularly when that licensee seeks to renew the license with respect to that channel; (B) include guidance regarding what type of evidence the Commission shall accept and review in determining whether a licensee described in subparagraph (A) is satisfying the requirements of the licensee under section 331; and (C) ensure that the procedure by which an individual described in subparagraph (A) can participate in the review by the Commission of a licensee described in that subparagraph— (i) is simple and straightforward; and (ii) includes holding community forums as necessary. (4) GAO report (A) In general Not later than 1 year after the date on which the rules issued under paragraph (2) take effect, the Comptroller General of the United States shall submit to Congress a report that examines the process by which the Commission renews broadcast television licenses to determine if that process adequately meets the obligations of the Commission under the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ), particularly how that process relates to television broadcast stations that have specific statutory or license obligations to serve the needs of the communities in which the stations are located (and the needs of individuals in those communities), including stations licensed under section 331. (B) Contents In performing the examination required under subparagraph (A), the Comptroller General of the United States shall examine the following issues: (i) The extent to which the renewal process described in that subparagraph examines the needs of the community that a broadcast station is required to serve. (ii) The extent to which the Commission considers and weighs any evidence presented demonstrating that a broadcast station has failed to meet any applicable legal obligation. (iii) Whether the Commission has clarified the types of evidence that a concerned local citizen is required to offer for the Commission to refuse to renew a license of a broadcast station under section 309(k)(1) of the Communications Act of 1934 ( 47 U.S.C. 309(k)(1) ) or section 331, as applicable, based on the inability or refusal of the broadcast station to serve the local community with respect to the station consistent with the obligations of the licensee. (iv) Whether the Commission has clarified the types of evidence that a broadcast station is required to present to establish that the station is meeting the obligations of the station under the license granted to the station. (v) Whether the Commission has clarified the circumstances under which the Commission will examine in detail the evidence presented by a broadcast station to confirm that the station is in compliance with section 309(k)(1) of the Communications Act of 1934 ( 47 U.S.C. 309(k)(1) ) and section 331, as applicable. (vi) Whether the Commission has made clear the circumstances under which the Commission will revoke the license of a station operating under special obligations under section 331. (vii) What, if any, enforcement actions or other investigations the Commission has undertaken to ensure that broadcast stations satisfy the requirement under section 309(k)(1) of the Communications Act of 1934 ( 47 U.S.C. 309(k)(1) ) to serve the public interest. (viii) The impact that the elimination of what is commonly referred to as the Main Studio Rule could have on the special obligations under section 331. (ix) Whether the Commission has indicated how the Commission will enforce the obligations under section 309(k)(1) of the Communications Act of 1934 ( 47 U.S.C. 309(k)(1) ) and section 331 in consideration of the fact that the Commission has permitted owners of television broadcast stations to eliminate the main studio of those stations in the community of license. (c) Severability If any provision of this section, an amendment made by this section, or the application of that provision or amendment to any person or circumstance is held to be unconstitutional, the other provisions of this section, the amendments made by this section, and the application of those provisions or amendments to any other person or circumstance shall not be affected by that holding. | https://www.govinfo.gov/content/pkg/BILLS-117s2220is/xml/BILLS-117s2220is.xml |
117-s-2221 | II 117th CONGRESS 1st Session S. 2221 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To restrict executive agencies from acting in contravention of Executive Order 13950, and for other purposes.
1. Short title This Act may be cited as the Ensuring Non-Discrimination by Defunding Critical Race Theory Act or the END CRT Act . 2. Prohibition on executive agencies acting in contravention of executive order 13950 (a) Definitions (1) EO 13950 The term EO 13950 means Executive Order 13950 ( 5 U.S.C. 4103 note; relating to combating race and sex stereotyping). (2) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (b) Findings Congress finds the following: (1) On September 22, 2020, President Trump issued EO 13950. (2) EO 13950 was designed to promote economy and efficiency in Federal contracting, to promote unity in the Federal workforce, and to combat offensive and anti-American race and sex stereotyping and scapegoating . (3) Specifically, EO 13950, among other things, prohibited Federal agencies from teaching, advocating, acting upon, or promoting in any training to agency employees certain divisive concepts, such as concepts that include a teaching or belief that (1) one race or sex is inherently superior to another race or sex; (2) the United States is fundamentally racist or sexist; (3) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (4) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (5) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (6) an individual’s moral character is necessarily determined by his or her race or sex; (7) an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (8) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (9) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race . (4) EO 13950 further required that diversity and inclusion efforts of Federal agencies must first and foremost, encourage agency employees not to judge each other by their color, race, ethnicity, sex, or any other characteristic protected by Federal law . (5) EO 13950 was issued soon after the Director of the Office of Management and Budget, Russell Vought, issued a September 4, 2020, memorandum (referred to in this section as the September 4, 2020, memorandum ) in which he explained that— (A) millions of taxpayer dollars have been spent on training Federal employees to believe divisive, anti-American propaganda ; (B) training sessions have taught that virtually all White people contribute [or benefit from] to racism ; and (C) training sessions have claimed that there is racism embedded in the belief that America is the land of opportunity or the belief that the most qualified person should receive a job . (6) In the September 4, 2020, memorandum, Director Vought further explained that the trainings described in paragraph (5) not only run counter to the fundamental beliefs for which our Nation has stood since its inception, but they also engender division and resentment within the Federal workforce . (7) EO 13950 and the September 4, 2020, memorandum stood as a direct rebuke of so-called critical race theory . (8) Critical race theory, according to Heritage Foundation visiting fellow Chris Rufo (referred to in this section as Rufo ), is the idea that the United States is a fundamentally racist country and that all of the institutions, including the law, culture, business, the economy are all designed to maintain white supremacy . (9) Critical race theory is, at its core, anti-American, discriminatory, and based on Marxist ideology. (10) Critical race theory relies on a Marxist analytical framework, viewing society in terms of the oppressed and the oppressor, and instills a defeatist mentality in the individuals that critical race theory casts as the oppressed. (11) Critical race theory’s objective is the destruction and replacement of Western Enlightenment Liberalism with a Marxist-influenced government. (12) Critical race theory intentionally seeks to undermine capitalism and western values, such as property rights, free speech, and the very concept of Lockean natural rights. (13) At the Department of Homeland Security, Rufo explained, trainers insisted that statements such as America is the land of opportunity, Everybody can succeed in this society, if they work hard enough, and I believe the most qualified person should get the job are racist and harmful . (14) At a training session at the National Credit Union Administration, diversity trainer Howard Ross taught that It is irrefutable that [American society] is a system based on racism and good and decent [White] people … support the status quo [of] a system of systematized racism . (15) According to Rufo, employees of the Department of the Treasury and Federal financial agencies attended a series of events at which diversity trainer Howard Ross taught employees that all White individuals in the United States are complicit in White supremacy by automatic response to the ways we're taught Whiteness includes White privilege and White supremacy . (16) Martin Luther King, Jr., in his I have a dream speech said, I look to a day when people will not be judged by the color of their skin, but by the content of their character . (17) By teaching that certain individuals, by virtue of inherent characteristics, are inherently flawed, critical race theory contradicts the basic principle upon which the United States was founded that all men and women are created equal. (18) The teachings of critical race theory stand in contrast to the overarching goal of the Civil Rights Act of 1964 ( 42 U.S.C. 2000A et seq. ) to prevent discrimination on the basis of race, color, or national origin in the United States. (19) Critical race theory seeks to portray the United States not as a united Nation of individuals, families, and communities striving for a common purpose, but rather a Nation of many victimized groups based on sex, race, national origin, and gender. (20) Critical race theory, and its emphasis on predetermining the thoughts, beliefs, and actions of an individual, flouts the guarantee of Constitution of the United States of equal protection under the law to all men and women. (21) On January 20, 2021, President Joe Biden issued Executive Order 13985 (86 Fed. Reg. 7009; relating to advancing racial equity and support for underserved communities through the Federal Government) (referred to in this section as EO 13985 ), which revoked EO 13950. (22) The people of the United States should defend the civil rights of all people and seek to eliminate racism wherever it exists. Critical race theory and its propagation within the Federal Government through EO 13985 desecrates this paramount pursuit to eliminate racism. (c) Prohibition No Executive agency may act in contravention of EO 13950, except as EO 13950 relates to contractors and grant recipients. (d) Limitation on funds An Executive agency or any other recipient of Federal funds may not use Federal funds to teach or advance the idea, or otherwise award any grant or subgrant using Federal funds to any Executive agency, entity, or individual that teaches or otherwise advances the idea, that— (1) one race is inherently superior or inferior to another race; (2) an individual or a group of individuals, by virtue of the race of the individual or group of individuals— (A) is superior or inferior to another individual, or a group of individuals, who is of a different race; (B) bears responsibility or moral culpability for the actions committed by other individuals who are of the same race as the individual or group of individuals; or (C) is inherently racist or oppressive, whether consciously or unconsciously; (3) the race of an individual or a group of individuals is determinative of the moral worth of the individual or group of individuals; (4) the United States is a fundamentally racist country; or (5) the founding documents of the United States, including the Declaration of Independence and the Constitution of the United States, are fundamentally racist documents. | https://www.govinfo.gov/content/pkg/BILLS-117s2221is/xml/BILLS-117s2221is.xml |
117-s-2222 | II 117th CONGRESS 1st Session S. 2222 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Braun (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title 5, United States Code, to lower the standard for removing employees who disclose tax return information without authorization, and for other purposes.
1. Short title This Act may be cited as the Protect Taxpayers’ Privacy Act . 2. Increase of penalty for unauthorized disclosure of taxpayer information (a) In general Paragraph (1) of section 7213(a) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $250,000 . (b) Disclosures by tax return preparers Subsection (a) of section 7216 of the Internal Revenue Code of 1986 is amended by striking $1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies) and inserting $250,000 . (c) Effective date The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act. 3. Removal (a) In general Section 7701(c)(1)(A) of title 5, United States Code, is amended by inserting or in the case of an action involving a removal from the service for an alleged violation of section 7213(a)(1) of the Internal Revenue Code of 1986, after described in section 4303, . (b) Rule of construction The amendments made by subsection (a) may not be construed to permit an officer or employee of the United States to submit an appeal to the Merit Systems Protection Board if that individual is dismissed from office or discharged from employment upon conviction for a violation of section 7213(a)(1) of the Internal Revenue Code of 1986. | https://www.govinfo.gov/content/pkg/BILLS-117s2222is/xml/BILLS-117s2222is.xml |
117-s-2223 | II 117th CONGRESS 1st Session S. 2223 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Feinstein (for herself, Ms. Collins , Mrs. Shaheen , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to improve assistance to community wood facilities, and for other purposes.
1. Short title This Act may be cited as the Community Wood Facilities Assistance Act of 2021 . 2. Community Wood Facilities Grant Program Section 9013 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113 ) is amended— (1) in the section heading, by striking Energy and Wood Innovation and inserting Facilities Grant ; (2) in subsection (a)— (A) in paragraph (1)(A)(iii), in the matter preceding subclause (I), by striking woody biomass, including and inserting primarily forest biomass, including processing or manufacturing ; and (B) in paragraph (4), by striking Energy and Wood Innovation and inserting Facilities Grant ; (3) in subsection (b), by striking Energy and Wood Innovation and inserting Facilities Grant ; (4) in subsection (c)— (A) in paragraph (1), by striking 35 and inserting 50 ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (5) in subsection (d), by striking exceed— in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting exceed $5,000,000. ; (6) in subsection (e)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively; and (C) in paragraph (1) (as so redesignated), by inserting or market competitiveness after cost effectiveness ; (7) in subsection (f)— (A) by striking paragraph (2); (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) in paragraph (2) (as so redesignated), by striking use or retrofitting (or both) of existing sawmill and inserting construction, use, or retrofitting of forest products manufacturing ; (8) in subsection (g)— (A) in paragraph (1), by striking 5 megawatts of thermal energy or combined thermal and electric energy and inserting 15 megawatts of thermal energy ; and (B) in paragraph (2), by striking 25 percent and inserting 50 percent ; and (9) in subsection (h), by striking $25,000,000 for each of fiscal years 2019 through 2023 and inserting $50,000,000 for each of fiscal years 2022 through 2026 . 3. Wood Innovations Grant Program Section 8643 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 7655d ) is amended— (1) in the section heading, by striking Innovation and inserting Innovations ; (2) in subsection (c)— (A) in the subsection heading, by striking Incentivizing use of existing milling and inserting Expanding forest products manufacturing ; and (B) by striking use or retrofitting (or both) of existing sawmill and inserting construction, use, or retrofitting for forest products manufacturing ; and (3) in subsection (d), by inserting 50 percent of before the amount . | https://www.govinfo.gov/content/pkg/BILLS-117s2223is/xml/BILLS-117s2223is.xml |
117-s-2224 | II 117th CONGRESS 1st Session S. 2224 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Hirono (for herself, Ms. Cantwell , Mr. Blumenthal , Mr. Markey , Ms. Cortez Masto , Mr. Whitehouse , Ms. Klobuchar , Mr. Merkley , Mr. Brown , Mr. Durbin , Mr. Padilla , Ms. Smith , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes.
1. Short title; table of contents; findings (a) Short title This Act may be cited as the STEM Opportunities Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Purposes. Sec. 3. Federal science agency policies for caregivers. Sec. 4. Collection and reporting of data on Federal research grants. Sec. 5. Policies for review of Federal research grants. Sec. 6. Collection of data on demographics of faculty. Sec. 7. Cultural and institutional barriers to expanding the academic and Federal STEM workforce. Sec. 8. Research and dissemination at the National Science Foundation. Sec. 9. Research and related activities to expand STEM opportunities. Sec. 10. Tribal Colleges and Universities Program. Sec. 11. Report to Congress. Sec. 12. Merit review. Sec. 13. Definitions. (c) Findings The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation’s economic leadership and global competitiveness that the United States educates and trains more scientists and engineers. (2) Research shows that women and minorities who are interested in STEM careers are disproportionately lost at nearly every educational transition and at every career milestone. (3) The National Center for Science and Engineering Statistics at the National Science Foundation collects, compiles, analyzes, and publishes data on the demographics of STEM degrees and STEM jobs in the United States. (4) Women now earn nearly 37 percent of all STEM bachelor’s degrees, but major variations persist among fields. In 2017, women earned only 20 percent of all bachelor’s degrees awarded in engineering and 19 percent of bachelor’s degrees awarded in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for nearly 60 percent of the projected annual growth of newly created STEM job openings from 2016 to 2026. (5) In 2017, underrepresented minority groups comprised 39 percent of the college-age population of the United States, but only 18 percent of students who earned bachelor’s degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to approximately 33 percent of White students and 42 percent of Asian students who complete their degree within 5 years. (6) In some STEM fields, including the computer sciences, women persist at about the same rate through doctorate degrees. In other STEM fields, women persist through doctorate degrees at a lower rate. In mathematics, women earn just 26 percent of doctorate degrees compared with 42 percent of undergraduate degrees. Overall, women earned 38 percent of STEM doctorate degrees in 2016. The rate of minority students earning STEM doctorate degrees in physics is 9 percent, compared with 15 percent for bachelor’s degrees. Students from underrepresented minority groups accounted for only 11.5 percent of STEM doctorate degrees awarded in 2016. (7) The representation of women in STEM drops significantly from the doctorate degree level to the faculty level. Overall, women hold only 26 percent of all tenured and tenure-track positions and 27 percent of full professor positions in STEM fields in our Nation’s universities and 4-year colleges. Black and Hispanic faculty together hold about 6.8 percent of all tenured and tenure-track positions and 7.5 percent of full professor positions. Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the National Science Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed. (8) The representation of women is especially low at our Nation’s top research universities. Even in the biological sciences, in which women now earn more than 50 percent of the doctorates and passed the 25 percent level 37 years ago, women make up only 25 percent of the full professors at the approximately 100 most research-intensive universities in the United States. In the physical sciences and mathematics, women make up only 11 percent of full professors, in computer sciences only 10 percent, and across engineering fields only 7 percent. The data suggest that approximately 6 percent of all tenure-track STEM faculty members at the most research-intensive universities are from underrepresented minority groups, but in some fields the numbers are too small to report publicly. (9) By 2050, underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor’s degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy. (10) According to a 2014 Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands. (11) Female students and students from underrepresented minority groups at institutions of higher education who see few others ‘‘like themselves’’ among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM. (12) One in five children in the United States attend school in a rural community. The data shows that rural students are at a disadvantage with respect to STEM readiness. Among STEM-interested students, 17 percent of students in rural high schools and 18 percent of students in town-located high schools meet the ACT STEM Benchmark, compared with 33 percent of students in suburban high schools and 27 percent of students in urban high schools. (13) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women, minorities, and other groups historically underrepresented in STEM. (14) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (15) In 2012, the Office of Diversity and Equal Opportunity of the National Aeronautics and Space Administration (in this Act referred to as NASA ) completed a report that— (A) is specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination; and (B) provides guidance that is usable by all institutions of higher education receiving significant Federal research funding on how to conduct meaningful self-evaluations of campus culture and policies. (16) The Federal Government provides 55 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. 2. Purposes The purposes of this Act are as follows: (1) To ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging the entire talent pool of the United States. (2) To promote research on, and increase understanding of, the participation and trajectories of women, minorities, and other groups historically underrepresented in STEM studies and careers, including persons with disabilities, older learners, veterans, and rural, poor, and tribal populations, at institutions of higher education and Federal science agencies, including Federal laboratories. (3) To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers at all levels. (4) To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers. (5) To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields. 3. Federal science agency policies for caregivers (a) OSTP guidance Not later than 6 months after the date of enactment of this Act, the Director, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that— (1) apply to all— (A) research awards granted by such agency; and (B) principal investigators of such research who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and (2) provide— (A) flexibility in timing for the initiation of approved research awards granted by such agency; (B) no-cost extensions of such research awards; (C) grant supplements, as appropriate, to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards; and (D) any other appropriate accommodations at the discretion of the director of each such agency. (b) Uniformity of guidance In providing guidance under subsection (a), the Director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies. (c) Establishment of policies Consistent with the guidance under subsection (a), Federal science agencies shall— (1) maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and (2) broadly disseminate such policies to current and potential grantees. (d) Data on usage Federal science agencies shall— (1) collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and (2) report such data on an annual basis to the Director in such form as required by the Director. 4. Collection and reporting of data on Federal research grants (a) Collection of data (1) In general Each Federal science agency shall collect, as practicable, with respect to all applications for merit-reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency, the standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget. (2) Uniformity and standardization The Director, in consultation with the Director of the National Science Foundation, shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data (A) Requirement Beginning not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director. (B) Previous data As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the date of such submission. (b) Reporting of data The Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, and years since completion of doctoral degree, including in conjunction with the National Science Foundation’s report required by section 37 of the Science and Engineering Equal Opportunities Act ( 42 U.S.C. 1885d ). 5. Policies for review of Federal research grants (a) In general Each Federal science agency shall implement the policy recommendations with respect to reducing the impact of implicit bias at Federal science agencies and grantee institutions as developed by the Office of Science and Technology Policy in the 2016 report entitled Reducing the Impact of Bias in the STEM Workforce and any subsequent updates. (b) Pilot activity In consultation with the National Science Foundation and consistent with policy recommendations referenced in subsection (a), each Federal science agency shall implement a 2-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to, and minimize the effects of, implicit bias in the review of extramural and intramural Federal research grants. (c) Establishment of policies Drawing upon lessons learned from the pilot activity under subsection (b), each Federal science agency shall maintain or develop and implement evidence-based policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. (d) Assessment of policies Federal science agencies shall regularly assess, and amend as necessary, the policies and practices implemented pursuant to subsection (c) to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. 6. Collection of data on demographics of faculty (a) Collection of data (1) In general Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from grantees on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education. (2) Considerations To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, and years since completion of doctoral degree— (A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing surveys The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)— (1) take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or (2) award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account. (c) Reporting data The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation’s report required by section 37 of the Science and Engineering Equal Opportunities Act ( 42 U.S.C. 1885d ). (d) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2021 through 2023 to develop and carry out the initial survey required under subsection (a) . 7. Cultural and institutional barriers to expanding the academic and Federal STEM workforce (a) Best practices at institutions of higher education and Federal laboratories (1) Development of guidance Not later than 12 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall develop written guidance for institutions of higher education and Federal laboratories on the best practices for— (A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, or advancement of women, racial and ethnic minorities, and other groups historically underrepresented in STEM studies and careers; and (B) providing educational opportunities, including workshops as described in subsection (b) , for STEM faculty, research personnel, and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel. (2) Existing guidance In developing the guidance under paragraph (1) , the Director shall utilize guidance already developed by Federal science agencies. (3) Dissemination of guidance Federal science agencies shall broadly disseminate the guidance developed under paragraph (1) to institutions of higher education that receive Federal research funding and Federal laboratories. (4) Establishment of policies Consistent with the guidance developed under paragraph (1)— (A) the Director of the National Science Foundation shall develop a policy that— (i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and (ii) requires each such institution, not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance developed under paragraph (1); and (B) each Federal science agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory. (b) Workshops To address cultural barriers to expanding the academic and Federal STEM workforce (1) In general Not later than 6 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient’s research record, of academic and Federal STEM researchers. (2) Interagency coordination The Director shall, to the extent practicable, ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate. (3) Minimizing costs To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel. (4) Priority fields for academic participants In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or nonfaculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics. (5) Organizations eligible to carry out workshops A Federal science agency may carry out the program of workshops under this subsection by making grants to organizations made eligible by the Federal science agency and any of the following organizations: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women, minorities, or other groups historically underrepresented in STEM. (6) Characteristics of workshops The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least— (i) the chairs of departments in the relevant STEM discipline or disciplines from doctoral degree granting institutions that receive Federal research funding; and (ii) in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by different underrepresented groups, including minority women, minority men, persons from rural and underserved areas, persons with disabilities, gender and sexual minority individuals, and first generation graduates in research. (D) Workshop programs shall include information on best practices for mentoring undergraduate, graduate, and postdoctoral women, minorities, and other students from groups historically underrepresented in STEM. (7) Data on workshops Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will— (A) collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees; (B) conduct attitudinal surveys on workshop attendees before and after the workshops; and (C) collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop. (8) Report to NSF Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director. (c) Report to Congress Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes— (1) a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and (2) a description and evaluation of the status and effectiveness of the program of workshops required under subsection (b) , including a summary of any data reported under paragraph (8) of such subsection. (d) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $1,000,000 in each of fiscal years 2021 through 2025 to carry out this section. 8. Research and dissemination at the National Science Foundation (a) In general The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this Act, including— (1) research grants to analyze the record-level data collected under section 4 and section 6, consistent with policies to ensure the privacy of individuals identifiable by such data; (2) research grants to study best practices for work-life accommodation; (3) research grants to study the impact of policies and practices that are implemented under this Act or that are otherwise consistent with the purposes of this Act; (4) collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and (5) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (b) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2021 through 2025 to carry out this section. 9. Research and related activities to expand STEM opportunities (a) National Science Foundation support for increasing diversity among STEM faculty at institutions of higher education Section 305 of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–5 ) is amended— (1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and (2) by inserting after subsection (d) the following: (e) Support for increasing diversity among STEM faculty at institutions of higher education (1) In general The Director of the Foundation shall award grants to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. (2) Merit review; competition Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Use of funds Activities supported by grants under this subsection may include— (A) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (B) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; (C) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; (D) development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; (E) professional development opportunities for faculty members from underrepresented minority groups; (F) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; (G) activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and (H) other activities consistent with paragraph (1) , as determined by the Director of the Foundation. (4) Selection process (A) Application An institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of— (i) the reform effort that is being proposed for implementation by the institution of higher education; (ii) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; (iii) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and (iv) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (B) Review of applications In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum— (i) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; (ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (iii) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and (iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (C) Grant distribution The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2021 through 2025. . (b) National Science Foundation support for broadening participation in undergraduate STEM education Section 305 of the American Innovation and Competitiveness Act ( 42 U.S.C. 1862s–5 ), as amended by subsection (a), is further amended by inserting after subsection (e) the following: (f) Support for broadening participation in undergraduate STEM education (1) In general The Director of the Foundation shall award grants to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields. (2) Merit review; competition Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. (3) Use of funds Activities supported by grants under this subsection may include— (A) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; (B) implementation or expansion of bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; (C) implementation or expansion of outreach programs linking institutions of higher education and K–12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; (D) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; (E) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; (F) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education; (G) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; (H) provision of stipends for students from underrepresented minority groups participating in research; (I) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions; (J) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and 2-year institutions of higher education; and (K) other activities consistent with paragraph (1), as determined by the Director of the Foundation. (4) Selection process (A) Application An institution of higher education (or a consortium thereof) seeking a grant under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum— (i) a description of the proposed reform effort; (ii) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; (iii) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; (iv) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and (v) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (B) Review of applications In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum— (i) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; (ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; (iii) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and (iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (C) Grant distribution The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this subsection are made to a variety of types of institutions of higher education, including 2-year and minority-serving institutions of higher education. (5) Education research (A) In general All grants made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. (B) Dissemination The Director of the Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2021 through 2025. . 10. Tribal Colleges and Universities Program (a) Grants To broaden tribal college and university student participation in computer science Section 525 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–13 ) is amended by inserting after subsection (c) the following: (d) Grants To broaden tribal college and university student participation in computer science (1) In general The Director, as part of the program authorized under this section, shall award grants on a competitive, merit-reviewed basis to eligible entities to increase the participation of tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem-solving, critical thinking, creativity and collaboration. (2) Purpose Grants awarded under this subsection shall support— (A) research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities; (B) research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending tribal colleges and universities; (C) research, development, and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities; and (D) other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director. (3) Partnerships A tribal college or university seeking a grant under this subsection, or a consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development. (4) Coordination In carrying out this subsection, the Director shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this subsection. (5) Authorization of appropriations There are authorized to be appropriated to the Director of the Foundation $2,000,000 in each of fiscal years 2021 through 2025 to carry out this subsection. . (b) Evaluation (1) In general Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall evaluate the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–13 ), as amended by subsection (a). (2) Requirements In conducting the evaluation under paragraph (1), the Director of the National Science Foundation shall, as practicable— (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research conducted pursuant to grants programs under section 525 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–13 ); (B) include an assessment of the effectiveness of such grant programs in expanding access to high quality STEM education, research, and outreach at tribal colleges and universities, as applicable; (C) assess the number of students who participated in such grant programs; and (D) assess the percentage of students participating in such grant programs who successfully complete their education programs. (3) Report Not later than 180 days after the date on which the evaluation under paragraph (1) is completed, the Director of the National Science Foundation shall submit to Congress and make available to the public, a report on the results of the evaluation, including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010, as amended by subsection (a). 11. Report to Congress Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes— (1) a description and evaluation of the status and usage of policies implemented pursuant to section 3 at all Federal science agencies, including any recommendations for revising or expanding such policies; (2) with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants under section 5— (A) what steps all Federal science agencies have taken to implement policies and practices to minimize such effects; (B) a description of any significant updates to the policies for review of Federal research grants required under such section; and (C) any evidence of the impact of such policies on the review or awarding of Federal research grants; and (3) a description and evaluation of the status of institution of higher education and Federal laboratory policies and practices required under section 7(a), including any recommendations for revising or expanding such policies. 12. Merit review Nothing in this Act shall be construed as altering any intellectual or broader impacts criteria at Federal science agencies for evaluating grant applications. 13. Definitions In this Act: (1) Director The term Director means the Director of the Office of Science and Technology Policy. (2) Federal laboratory The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). (3) Federal science agency The term Federal science agency means any Federal agency with an annual extramural research expenditure of more than $100,000,000. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Interagency working group on inclusion in STEM The term interagency working group on inclusion in STEM means the interagency working group established by section 308 of the American Innovation and Competitiveness Act ( 42 U.S.C. 6626 ). (6) STEM The term STEM means science, technology, engineering, and mathematics, including computer science. | https://www.govinfo.gov/content/pkg/BILLS-117s2224is/xml/BILLS-117s2224is.xml |
117-s-2225 | II 117th CONGRESS 1st Session S. 2225 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Personnel Management to revise job classification and qualification standards for positions in the competitive service regarding educational requirements for those positions, and for other purposes.
1. Short title This Act may be cited as the Federal Skills Act . 2. Definitions In this Act— (1) the term agency means an agency that appoints individuals to positions in the competitive service; (2) the term competitive service has the meaning given the term in section 2102 of title 5, United States Code; (3) the term Director means the Director of the Office of Personnel Management; (4) the term education means the completion or attainment of a postsecondary degree or other credential at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); (5) the term personnel assessment means a method of collecting information regarding an individual for the purposes of making a selection decision with respect to the individual; (6) the term qualification standards means the minimum requirements with respect to education, training, and experience that an applicant for employment would need to possess in order to make it likely that the applicant would perform satisfactorily in the position or occupational series that is the subject of the application for employment; and (7) the term selection decision includes a decision regarding an individual with respect to— (A) appointment; (B) placement; (C) promotion; (D) referral; (E) retention; or (F) entry into a program leading to career advancement, such as an apprenticeship program, a training program, or a career development program. 3. Revision of job classification and qualification standards (a) Review (1) In general Consistent with the requirements of this section, the Director, in consultation with the Director of the Office of Management and Budget and the head of each agency, shall review and revise all job classification and qualification standards for positions in the competitive service, as necessary. (2) Publication; effective date With respect to any change to a job classification or qualification standard made under paragraph (1)— (A) the Director shall, not later than 120 days after the date of enactment of this Act, make that change available to the public; and (B) the change shall take effect not later than 180 days after the date of enactment of this Act. (b) Education requirement The head of an agency may prescribe a minimum requirement with respect to education for a position in the competitive service only if a minimum qualification with respect to education is legally required to perform the duties of a comparable position in the State or locality where those duties are to be performed. (c) Consideration of education Unless the head of an agency is determining the satisfaction of a legally required minimum requirement with respect to education for an applicant for employment with the agency, the agency head may consider the education of the applicant in determining the satisfaction by the applicant of another minimum qualification only if the education of the applicant directly reflects the competencies necessary to satisfy that qualification and perform the duties of the position. (d) Position listing A position description and job posting published by an agency for a position in the competitive service shall be based on the specific skills and competencies required to perform that position, as established in the position classifications and qualification standards of the Office of Personnel Management. 4. Improving the use of assessments in the Federal hiring process (a) In general The Director shall work with the head of each agency to ensure that, not later than 180 days after the date of enactment of this Act, for a position in the competitive service, the head of an agency assesses an applicant for employment in a manner that does not rely solely on the education of the applicant to determine the extent to which the applicant possesses relevant knowledge, skills, competencies, and abilities for the position. (b) Other requirements With respect to the assessment practices described in subsection (a)— (1) the head of each agency shall develop or identify those assessment practices; and (2) those assessment practices— (A) may not be substantively equivalent to competencies only attainable through education; and (B) shall be published by the applicable agency in the human resources manual of the agency. (c) Consideration of self-Evaluation (1) In general In assessing an applicant for employment— (A) the head of an agency may not rely solely on the self-evaluation of the stated abilities of the applicant; and (B) the applicant shall fulfill other assessment standards in order to be certified for consideration, as established by the Chief Human Capital Officer of the applicable agency (or an equivalent official). (2) Publication The standards described in paragraph (1)(B) shall be published in the human resources manual of the applicable agency. (d) Evaluation The head of each agency shall continually evaluate the effectiveness of different assessment strategies to promote and protect the quality and integrity of the appointment processes of the agency, which shall be reviewed by the Chief Human Capital Officer of the agency (or an equivalent official), who shall make any necessary changes or take any necessary remedial actions concurrent with the review. 5. Application (a) In general Nothing in this Act may be construed to impair or otherwise affect— (1) the authority granted by law to an executive department or agency, or the head thereof; or (2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) Rights or benefits This Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. 6. Rule of construction Nothing in this Act may be construed to eliminate or otherwise affect the student loan forgiveness or student loan cancellation options available to borrowers under Federal law, as such options are in effect on the day before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2225is/xml/BILLS-117s2225is.xml |
117-s-2226 | II 117th CONGRESS 1st Session S. 2226 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Smith (for herself, Mr. Cramer , Mr. Tester , Mr. Luján , Ms. Warren , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Health Care Improvement Act to authorize a special behavioral health program for Indians, and for other purposes.
1. Short title This Act may be cited as the Native Behavioral Health Access Improvement Act of 2021 . 2. Special behavioral health program for Indians (a) In general Subtitle A of title VII of the Indian Health Care Improvement Act ( 25 U.S.C. 1665 et seq. ) is amended by adding at the end the following: 716. Special behavioral health program for Indians (a) Definition of eligible entity In this section, the term eligible entity means— (1) any health program administered directly by the Service; (2) a Tribal health program; and (3) an urban Indian health program operated by an urban Indian organization pursuant to a grant or contract with the Service under title V. (b) Formula grants (1) In general The Director of the Service (referred to in this section as the Director ) shall award grants to eligible entities, in amounts determined pursuant to the formula described in paragraph (2), to be used by the eligible entity to provide services for the prevention of, treatment of, and recovery from mental health and substance use disorders. (2) Formula described The Director, in consultation with Indian Tribes and urban Indian organizations, shall develop a formula to determine the amount of a grant under paragraph (1). (c) Technical assistance and program evaluation (1) In general The Director shall— (A) provide technical assistance to grantees under this section; and (B) collect and evaluate information on the program carried out under this section. (2) Consultation The Director shall consult with eligible entities for purposes of developing evaluation measures and data submission and reporting requirements for purposes of the collection and evaluation of information under paragraph (1)(B). (3) Data submission and reporting As a condition on receipt of a grant under this section, an applicant shall agree to submit data and reports consistent with the data submission and reporting requirements developed under paragraph (2). (d) Funding For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, out of any money in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2022 through 2026. . (b) Technical amendment Section 4(26) of the Indian Health Care Improvement Act ( 25 U.S.C. 1603(26) ) is amended by striking ( 25 U.S.C. 450b ) and inserting ( 25 U.S.C. 5304 ) . | https://www.govinfo.gov/content/pkg/BILLS-117s2226is/xml/BILLS-117s2226is.xml |
117-s-2227 | II 117th CONGRESS 1st Session S. 2227 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Heinrich (for himself, Mr. Moran , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes.
1. Short title This Act may be cited as the Championing Apprenticeships for New Careers and Employees in Technology Act or the CHANCE in TECH Act . 2. Congressional findings Congress finds the following: (1) During any given 90-day period there can be more than 500,000 information technology job openings in the United States. (2) Employment in the technology sector is growing twice as fast as employment in the United States. (3) Jobs in the technology sector tend to provide higher pay and better benefits than other jobs and have been more resilient to economic downturn than jobs available in other private sector industries. (4) Information technology skills are transferrable across nearly all industries. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st Century. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) According to the Bureau of Labor Statistics, in May 2020, the median annual wage for computer and information technology occupations was $91,250, which was higher than the median annual wage for all occupations of $41,950. 3. Technology apprenticeship contracts (a) In general The Secretary of Labor (referred to in this section as the Secretary ) shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). (b) Eligibility To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). (c) Selection The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. (d) Contractor activities An industry intermediary that is awarded a contract under this section may only use the funds made available through such contract to carry out activities designed to further the purpose described in subsection (a), including— (1) facilitating the provision and development of apprenticeships in the technology sector through collaborations with public and private entities that provide job-related instruction, such as on-the-job training, pre-apprenticeship training, and technical training; (2) encouraging entities to establish such apprenticeships; (3) identifying, assessing, and training applicants for such apprenticeships who are— (A) enrolled in high school; (B) enrolled in an early college high school that focuses on education in STEM subjects; (C) individuals aged 18 years or older who meet appropriate qualification standards; or (D) enrolled in pre-apprenticeship or apprenticeship training initiatives that allow adults to concurrently increase academic and workforce skills through proven, evidence-based models that connect all learning to the specific apprenticeship involved and significantly accelerate completion of preparation for the apprenticeship; and (4) tracking the progress of such applicants who participate in such apprenticeships. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for the purposes of carrying out this section. 4. CHANCE in TECH Awards for 21st Century Schools (a) Awards authorized The Secretary of Education may issue awards, to be known as CHANCE in TECH Awards for 21st Century Schools , to schools (referred to in this section as covered schools ) that— (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. (b) Criteria In selecting a covered school for an award under subsection (a), the Secretary shall take into account— (1) the availability of STEM, career and technical education, and computer technology courses at the covered school; (2) State academic assessments, as described in section 111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. 5. Funding (a) Fiscal year 2021 Amounts made available to the Secretary of Labor under the Department of Labor Appropriations Act, 2021 to carry out the Act referred to in section 6(1) may be used to carry out this Act. (b) Subsequent years There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year. 6. Definitions In this Act: (1) Apprenticeship The term apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (2) Career and technical education The term career and technical education has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (3) Early college high school The term early college high school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) High school The term high school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Industry intermediary The term industry intermediary means an entity that— (A) in order to accelerate apprenticeship program development and helps establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as— (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as— (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). (6) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (7) Junior or community college The term junior or community college has the meaning given the term in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ). (8) Local educational agency The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (9) Secondary school The term secondary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (10) State educational agency The term State educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (11) STEM The term STEM means science, technology, engineering, and mathematics. (12) Technology sector The term technology sector means the industry sector involved in the design or development of hardware, software, or security of digital data. | https://www.govinfo.gov/content/pkg/BILLS-117s2227is/xml/BILLS-117s2227is.xml |
117-s-2228 | II 117th CONGRESS 1st Session S. 2228 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Rubio (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend section 230 of the Communications Act of 1934 to correct shortcomings in how that section addresses content moderation, content creation and development, and content distribution.
1. Short title This Act may be cited as the Disincentivizing Internet Service Censorship of Online Users and Restrictions on Speech and Expression Act or the DISCOURSE Act . 2. Content moderation, creation and development, and distribution (a) Treatment as publisher or speaker contingent on content management practices Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended— (1) in subsection (c)(1)— (A) by striking No provider and inserting the following: (A) In general Subject to subparagraph (B), no provider ; and (B) by adding at the end the following: (B) Notification of parental control protections Subparagraph (A) shall not apply to a provider of an interactive computer service with a dominant market share that violates subsection (d). ; and (2) in subsection (f)— (A) in paragraph (3)— (i) by striking The term and inserting the following: (A) In general The term ; and (ii) by adding at the end the following: (B) Content moderation If an interactive computer service provider with a dominant market share— (i) engages in a content moderation activity that reasonably appears to express, promote, or suppress a discernible viewpoint for a reason that is not protected from liability under subsection (c)(2), including reducing or eliminating the ability of an information content provider to earn revenue, with respect to any information, the interactive computer service provider shall be deemed to be an information content provider with respect to that information; or (ii) engages in a pattern or practice of content moderation activity that reasonably appears to express, promote, or suppress a discernible viewpoint for a reason that is not protected from liability under subsection (c)(2), including reducing or eliminating the ability of an information content provider to earn revenue, the interactive computer service provider shall be deemed to be an information content provider with respect to all information that is provided through the interactive computer service. (C) Use of targeted algorithmic amplification (i) In general If an interactive computer service provider with a dominant market share— (I) amplifies information provided by an information content provider by using an algorithm or other automated computer process to target the information directly to users without the request of a sending or receiving user, the interactive computer service provider shall be deemed to be an information content provider with respect to that information; or (II) engages in a pattern or practice of amplifying information provided by an information content provider by using an algorithm or other automated computer process to target the information directly to users without the request of a sending or receiving user, the interactive computer service provider shall be deemed to be an information content provider with respect to all information that is provided through the interactive computer service. (ii) Exceptions Clause (i) shall not apply to the use of an algorithm or other computer process to— (I) amplify or target directly to a user any information that is the result of a search function performed by the user; or (II) sort data chronologically or alphabetically. (D) Information creation or development If an interactive computer service provider with a dominant market share— (i) solicits, comments upon, funds, or affirmatively and substantively contributes to, modifies, or alters information provided by an information content provider, the interactive computer service provider shall be deemed to be an information content provider with respect to that information; or (ii) engages in a pattern or practice of soliciting, commenting upon, funding, or affirmatively and substantively contributing to, modifying, or altering information provided by an information content provider, the interactive computer service provider shall be deemed to be an information content provider with respect to all information that is provided through the interactive computer service. ; and (B) by adding at the end the following: (5) Content moderation activity The term content moderation activity means editing, deleting, throttling, limiting the reach of, reducing or eliminating the ability of an information content provider to earn revenue from, or commenting upon, information provided by an information content provider, or terminating or limiting an account or usership, if the activity is based on content-based criteria. (6) Pattern or practice The term pattern or practice means any formal or informal policy or rule, whether created by a human or generated by a computer, as applied or used by an interactive computer service provider. . (b) Clarifying categories of objectionable material Section 230(c)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(2) ) is amended— (1) in subparagraph (A)— (A) by striking considers to be and inserting has an objectively reasonable belief is ; (B) by inserting promoting terrorism or violent extremism, after violent, ; and (C) by striking or otherwise objectionable and inserting promoting self-harm, or unlawful ; and (2) in subparagraph (B), by striking paragraph (1) and inserting subparagraph (A) . (c) Religious liberty exception to civil liability protections Section 230(c)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(2) ), as amended by subsection (b), is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) by striking No provider and inserting the following: (A) In general Except as provided in subparagraph (B), no provider ; (3) in subparagraph (A)(ii), as so designated, by striking subparagraph (A) and inserting clause (i) ; and (4) by adding at the end the following: (B) Religious liberty exception Subparagraph (A) shall not apply to any action taken with respect to religious material in a manner that burdens the exercise of religion, as defined in section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb –2). . (d) Disclosure of content management mechanisms and practices Section 230(d) of the Communications Act of 1934 ( 47 U.S.C. 230(d) ) is amended— (1) by striking A provider and inserting the following: (1) Parental control protections A provider ; and (2) by adding at the end the following: (2) Disclosure of content management mechanisms and practices (A) In general A provider of an interactive computer service that provides the service through a mass-market offering to the public shall publicly disclose accurate information regarding the content moderation activity of the service, including editing, deleting, throttling, limiting the reach of, reducing or eliminating the ability of an information content provider to earn revenue from, or commenting upon, information provided by an information content provider, terminating or limiting an account or usership, and any other content moderation, promotion, and other curation practices, sufficient to enable— (i) consumers to make informed choices regarding the purchase and use of the service; and (ii) entrepreneurs and other small businesses to develop, market, and maintain offerings by means of the service. (B) Manner of disclosure A provider of an interactive computer service shall make the disclosure under subparagraph (A)— (i) through a publicly available, easily accessible website; or (ii) by submitting the information described in that subparagraph to the Commission, which shall make the information available to the public through the website of the Commission. . (e) Clarifying that immunity is an affirmative defense Section 230(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(1) ), as amended by subsection (a)(1), is amended— (1) in subparagraph (A), as so designated, by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (2) by adding at the end the following: (C) Affirmative defense In a criminal or civil action against a provider or user of an interactive computer service that treats the provider or user as the publisher or speaker of any information, the provider or user shall bear the burden of proving that the provider or user is not an information content provider with respect to that information for purposes of subparagraph (A). . | https://www.govinfo.gov/content/pkg/BILLS-117s2228is/xml/BILLS-117s2228is.xml |
117-s-2229 | II 117th CONGRESS 1st Session S. 2229 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Kelly (for himself and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of Transportation to carry out a highway formula modernization study, and for other purposes.
1. Short title This Act may be cited as the Highway Formula Modernization Act of 2021 . 2. Highway formula modernization study (a) In general The Secretary of Transportation (referred to in this section as the Secretary ), in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections (b) and (c) of section 104 of title 23, United States Code, and issue recommendations relating to that method and data. (b) Assessment The highway formula modernization study required under subsection (a) shall include an assessment of, based on the latest available data, whether the apportionment method described in that subsection results in— (1) an equitable distribution of funds based on the estimated tax payments attributable to— (A) highway users in the State that are paid into the Highway Trust Fund; and (B) individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and (2) the achievement of the goals described in section 101(b)(3) of title 23, United States Code. (c) Considerations In the assessment under subsection (b), the Secretary shall consider the following: (1) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1144). (2) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in paragraph (1). (3) The measures established under section 150 of title 23, United States Code, and whether those measures are appropriate for consideration as formula apportionment factors. (4) Any other factors that the Secretary determines are appropriate. (d) Recommendations The Secretary, in consultation with the State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall develop recommendations on a new apportionment method, including— (1) the factors recommended to be included in the new apportionment method; (2) the weighting recommended to be applied to the factors recommended under paragraph (1); and (3) any other recommendations to ensure that the new apportionment method best achieves an equitable distribution of funds described under subsection (b)(1) and the goals described in subsection (b)(2). | https://www.govinfo.gov/content/pkg/BILLS-117s2229is/xml/BILLS-117s2229is.xml |
117-s-2230 | II 117th CONGRESS 1st Session S. 2230 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Luján (for himself, Mr. Barrasso , Mr. Grassley , Ms. Stabenow , Ms. Smith , Mr. Cramer , Mr. Coons , and Mr. Hoeven ) 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 enhance the carbon oxide sequestration credit.
1. Enhancement of carbon oxide sequestration credit (a) Increase in applicable dollar amount Subparagraph (A) of section 45Q(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (A) In general For any taxable year beginning in a calendar year after 2021, the applicable dollar amount shall be an amount equal to— (i) for purposes of paragraph (3) of subsection (a), an amount equal to the product of $85 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2020 for 1990 , and (ii) for purposes of paragraph (4) of such subsection, an amount equal to the product of $60 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990. . (b) Definition of qualified facility Paragraph (2) of section 45Q(d) of the Internal Revenue Code of 1986 is amended to read as follows: (2) at which carbon capture equipment installed at such facility captures qualified carbon oxide during the taxable year. . (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-117s2230is/xml/BILLS-117s2230is.xml |
117-s-2231 | II 117th CONGRESS 1st Session S. 2231 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Klobuchar (for herself, Mr. Young , Mr. Booker , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Investment Act of 1958 to improve the loan guaranty program, enhance the ability of small manufacturers to access affordable capital, and for other purposes.
1. Short title This Act may be cited as the 504 Modernization and Small Manufacturer Enhancement Act of 2021 . 2. Additions to policy goals for the development company program Section 501(d)(3) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(d)(3) ) is amended— (1) by redesignating subparagraphs (A) through (L) as subparagraphs (B) through (M), respectively; (2) by inserting before subparagraph (B) (as so redesignated) the following: (A) workforce development through work-based or work-integrated training, which shall be satisfied by demonstrating that a small business concern that is a subject of the project has— (i) a documented in-house training program, the duration of which is not shorter than 12 weeks; or (ii) entered into a contract with an entity— (I) to provide trained applicants for any open position of employment at the small business concern; and (II) that ensures that any applicant provided to the small business concern under subclause (I) has undergone not fewer than 12 weeks of training that is relevant to the open position described in that subclause, ; (3) by amending subparagraph (D) (as so redesignated) to read as follows: (D) expansion of minority-owned, employee-owned, or women-owned business development, ; (4) in subparagraph (L) (as so redesignated), by striking producers, or and inserting producers, ; (5) in subparagraph (M) (as so redesignated), by striking the period at the end and inserting a comma; (6) by inserting after subparagraph (M) (as so redesignated) the following new subparagraphs: (N) enhanced ability for small business concerns to reduce costs by using energy efficient products and generating renewable energy, (O) aid revitalizing of any area for which a disaster has been declared or determined under subparagraph (A), (B), (C), or (E) of section 7(b)(2) of the Small Business Act, or (P) expansion of small business concerns with 10 or fewer employees. ; and (7) in the flush text following subparagraph (P), as added by paragraph (6), by striking subparagraphs (J) and (K) and inserting subparagraphs (K) and (L) . 3. Increase in loan amounts for manufacturing loans Section 502 of the Small Business Investment Act of 1958 ( 15 U.S.C. 696 ) is amended— (1) in the matter preceding paragraph (1), by striking The Administration and inserting the following: (a) In general The Administration ; and (2) in subsection (a), as so designated— (A) in paragraph (2)(A)— (i) in the matter preceding clause (i), by striking section and inserting subsection ; and (ii) in clause (iii), by striking $5,500,000 and inserting $6,500,000 ; and (B) in paragraph (3)(A), by striking this section and inserting this subsection . 4. Improvements to 504 loan closing procedure Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) is amended— (1) in section 502, as amended by section 3, by adding at the end the following new subsections: (b) Closing (1) Authority of certain development companies An accredited lender certified company may take any of the following actions to facilitate the closing of a loan made under subsection (a): (A) Reallocate the cost of the project with respect to which the loan is made in an amount that is not more than 10 percent of the overall cost of the project. (B) Correct any name that is applicable to the loan, including the name of any borrower, guarantor, eligible passive company described in subparagraph (C)(i), and operating company described in subparagraph (C)(ii). (C) Form any of the following to receive proceeds of the loan: (i) An eligible passive company that complies with section 120.111 of title 13, Code of Federal Regulations, or any successor regulation. (ii) If an eligible passive company is formed under clause (i), an operating company with respect to that eligible passive company. (D) Correct the address of any property with respect to which the loan is made. (E) Correct the name of any interim lender or third-party lender. (F) Change any third-party lender or interim lender if that lender is a financial institution that is regulated by the Federal Government or a State government. (G) Make a guarantor a co-borrower or a co-borrower a guarantor. (H) Add a guarantor that does not change ownership with respect to the loan. (I) Reduce the amount of standby debt before the closing as a result of regularly scheduled payments. (J) Reduce the cost of the project with respect to which the loan is made. (2) Fees The Administrator shall— (A) issue a rule regarding the amount of a closing fee that may be financed in a debenture that is issued by a certified development company to make one or more loans to small business concerns, the proceeds of which are used by that concern for the purposes described in subsection (a), except that such amount shall be not less than $3,500; and (B) periodically update the rule issued under subparagraph (A). (3) No adverse change and financial statement Before the closing with respect to a loan made under subsection (a), the borrower and any operating company shall— (A) make the certification required under section 120.892 of title 13, Code of Federal Regulations, or any successor regulation; and (B) submit to the certified development company a financial statement that is not more than 180 days old, which the company shall certify not later than 120 days before the date on which the certified development company issues a debenture with respect to the project to which the loan relates. (c) Accredited lender certified company defined In this section, the term accredited lender certified company means a certified development company that meets the requirements under section 507(b), including a certified development company that the Administration has designated as an accredited lender under such section 507(b). ; and (2) by adding at the end the following new section: 511. Closing and oversight (a) SBA district counsels Beginning on the date of enactment of this section, with respect to the program established under this title, district counsels of the Administration shall be subject to the same requirements, and shall have the same authority and responsibilities, as in effect with respect to that program on the day before the date of enactment of this section, except that— (1) the Office of Credit Risk Management of the Administration shall have the responsibility for all duties relating to conducting file reviews of loans made under this title; and (2) district counsels of the Administration shall not have any responsibility relating to the review of closing packages with respect to a loan made under this title. (b) Designated attorneys For the purposes of this title, the following provisions and requirements shall apply with respect to a designated attorney of a certified development company: (1) A designated attorney that meets the requirements determined under paragraph (2) shall be responsible for certifying documents relating to the closing of a loan described in this title. (2) The Administrator may determine any continuing education requirements that the designated attorney shall be required to satisfy in order to be permitted to close a loan made under this title. (3) If, as of the date of enactment of this section, a certified development company does not have a designated attorney, during the 270-day period beginning on that date of enactment, the certified development company may identify such an attorney, subject to the approval of the Administrator. . 5. Certified development company loans for small manufacturers (a) Contribution requirement Section 502(a)(3)(C) of the Small Business Investment Act of 1958, as designated by section 3, is amended— (1) by redesignating clauses (i), (ii), (iii), and (iv) as subclauses (I), (II), (III), and (IV), respectively, and adjusting the margins of such subclauses accordingly; (2) by inserting before subclause (I), as so redesignated, the following: (i) for a small business concern that is not a small manufacturer (as defined in section 501(e)(7))— ; (3) in subclause (III), as so redesignated, by striking clauses (i) and (ii) and inserting subclauses (I) and (II) ; (4) in subclause (IV) as so redesignated, by striking the period and the end and inserting ; or ; and (5) by adding at the end the following: (ii) for a small manufacturer (as defined in section 501(e)(7))— (I) at least 5 percent of the total cost of the project financed, if the small business concern has been in operation for a period of 2 years or less; (II) at least 5 percent of the total cost of the project financed, if the project involves a limited or single purpose building or structure; (III) at least 10 percent of the total cost of the project financed if the project involves both of the conditions set forth in subclauses (I) and (II); or (IV) at least 5 percent of the total cost of the project financed, in all other circumstances, at the discretion of the development company. . (b) Creation or retention of jobs requirement Section 501(e) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(e) ) is amended— (1) in paragraph (1), by striking creates or retains and all that follows through the period at the end and inserting creates or retains 1 job for every $75,000 guaranteed by the Administration, except that the amount is $150,000 in the case of a project of a small manufacturer. ; (2) in paragraph (2), by striking creates or retains and all that follows through the period at the end and inserting creates or retains 1 job for every $75,000 guaranteed by the Administration, except that the amount is $150,000 in the case of a project of a small manufacturer. ; (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: (6) For a loan for a project directed toward the creation of job opportunities under subsection (d)(1), the Administrator shall publish on the website of the Administration the number of jobs created or retained under the project as of the date that is 2 years after the completion (as determined based on information provided by the development company) of the project. . (c) Collateral requirements Section 502(a)(3)(E)(i) of the Small Business Investment Act of 1958, as designated by section 3, is amended by adding at the end the following: Additional collateral shall not be required in the case of a small manufacturer (as defined in section 501(e)(7)). . (d) Debt refinancing Section 502(a)(7)(B) of the Small Business Investment Act of 1958, as designated by section 3, is amended— (1) in the matter preceding clause (i), by inserting (or in the case of a small manufacturer (as defined in section 501(e)(7)), that does not exceed 100 percent of the project cost of the expansion) after cost of the expansion ; (2) in clause (v), by adding and at the end; (3) by striking clause (vi); and (4) by redesignating clause (vii) as clause (vi). (e) Amount of guaranteed debenture Section 503(a) of the Small Business Investment Act of 1958 ( 15 U.S.C. 697(a) ) is amended by adding at the end the following: (5) Any debenture issued by a State or local development company to a small manufacturer (as defined in section 501(e)(7)) with respect to which a guarantee is made under this subsection shall be in an amount equal to not more than 50 percent of the cost of the project with respect to which such debenture is issued, without regard to whether good cause has been shown. . 6. Assistance for small manufacturers Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ), as amended by section 4(2), is further amended by adding at the end the following new section: 512. Assistance for small manufacturers (a) In general The Administrator shall ensure that each district office of the Administration partners with not less than 1 resource partner to provide training to small business concerns assigned a North American Industry Classification System code for manufacturing on obtaining assistance under the program carried out under this title, including with respect to the application process under that program and partnering with development companies under this title. (b) Resource partner defined In this section, the term resource partner means— (1) a small business development center (defined in section 3 of the Small Business Act); (2) a women’s business center (described under section 29 of such Act); (3) a chapter of the Service Corps of Retired Executives (established under section 8(b)(1)(B) of such Act); and (4) a Veteran Business Outreach Center (described under section 32 of such Act). . 7. Leasing rules for new facilities and existing buildings (a) In general Section 502(a) of the Small Business Investment Act of 1958, as designated by section 3, is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: (4) New facilities (A) In general With respect to a project to construct a new facility, an assisted small business concern may permanently lease not more than 20 percent of the project if such concern— (i) permanently occupies and uses not less than 60 percent of the project; (ii) plans to occupy and use an additional portion of the project that is not permanently leased not later than 3 years after receipt of assistance under this section; and (iii) plans to permanently occupy and use 80 percent of the project not later than 10 years after receipt of such assistance. (B) Small manufacturers With respect to an assisted small business concern that is a small manufacturer (as defined in section 501(e)(7)), subparagraph (A)(i) shall apply with 50 percent substituted for 60 percent . (5) Existing buildings With respect to a project to acquire, renovate, or reconstruct an existing building, the following shall apply: (A) Occupancy requirements The assisted small business concern may permanently lease not more than 50 percent of the project if the concern permanently occupies and uses not less than 50 percent of the project. (B) Exception The assisted small business concern may permanently lease more than 50 percent of the project if— (i) such concern— (I) has occupied and used the existing building for a consecutive 12-month period before submitting an application for assistance under this section; (II) agrees to permanently use less than 50 percent of the existing building and permanently lease more than 50 percent for a consecutive 12-month period after receiving such assistance; and (III) affirms that the existing building is appropriate for current and reasonably anticipated needs; and (ii) the development company assisting such project— (I) provides written notice to the Administrator on the date on which the development company closes the loan for such project; and (II) once each year during the first 5 years of the loan, and once every 2 years for the remainder of the loan— (aa) conducts an examination of the assisted small business concern to ensure the concern is not a real estate development business; and (bb) files with the Administrator an anti-investor certification signed by the development company and the assisted small business concern. (C) Lease term Any residential lease made under this paragraph shall be for a term of not more than 1 year, and any commercial lease made under this paragraph shall be for a term of not more than 5 years. . (b) Report Not later than 5 years after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report analyzing the impact of the amendments made by this section on access to capital for small business concerns (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )), and recommending whether similar notice, examination, and certifications requirements should be made to the program established under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2231is/xml/BILLS-117s2231is.xml |
117-s-2232 | II 117th CONGRESS 1st Session S. 2232 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Luján (for himself, Mr. Padilla , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of Energy to fund projects to restore and modernize National Laboratories, and for other purposes.
1. Short title This Act may be cited as the Restore and Modernize Our National Laboratories Act of 2021 . 2. National Laboratories restoration and modernization (a) Definitions In this section: (1) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (2) Secretary The term Secretary means the Secretary of Energy. (b) Restoration and modernization projects The Secretary shall fund projects described in subsection (c) as needed to address the deferred maintenance, critical infrastructure needs, and modernization of National Laboratories. (c) Projects described The projects referred to in subsection (b) are, as determined by the Secretary— (1) priority deferred maintenance projects at National Laboratories, including facilities sustainment for, upgrade of, and construction of research laboratories, administrative and support buildings, utilities, roads, power plants, and any other critical infrastructure; and (2) lab modernization projects at National Laboratories, including lab modernization projects relating to core infrastructure needed— (A) to support existing and emerging science missions with new and specialized requirements for world-leading scientific user facilities and computing capabilities; and (B) to maintain safe, efficient, reliable, and environmentally responsible operations. (d) Submission to Congress For each fiscal year through fiscal year 2025, at the same time as the annual budget submission of the President, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Science, Space, and Technology of the House of Representatives a list of projects for which the Secretary will provide funding under this section, including a description of each project and the funding profile for the project. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $6,100,000,000 for each of fiscal years 2022 through 2025. (2) Office of Science Not less than 1/6 of the amounts made available to carry out this section each fiscal year shall be managed by the Office of Science of the Department of Energy. | https://www.govinfo.gov/content/pkg/BILLS-117s2232is/xml/BILLS-117s2232is.xml |
117-s-2233 | II 117th CONGRESS 1st Session S. 2233 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Blumenthal (for himself, Mrs. Blackburn , Mr. Warner , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish a grant program for shuttered minor league baseball clubs, and for other purposes.
1. Short title This Act may be cited as the Minor League Baseball Relief Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Covered grants The term covered grant means a grant made under this Act to an eligible entity. (3) Covered law The term covered law means— (A) the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ); (B) the Families First Coronavirus Response Act ( Public Law 116–127 ); (C) the CARES Act ( Public Law 116–136 ); (D) the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ; 134 Stat. 620); (E) division M or N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); or (F) the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (4) Covered mortgage obligation; covered rent obligation; covered utility payment; covered worker protection expenditure The terms covered mortgage obligation , covered rent obligation , covered utility payment , and covered worker protection expenditure have the meanings given those terms in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) ). (5) Eligible entity The term eligible entity means any Minor League Baseball Club or Independent Professional Baseball Club that meets the following requirements: (A) The Minor League Baseball Club or Independent Professional Baseball Club was operating in the ordinary course of business on February 29, 2020. (B) The gross revenues of the Minor League Baseball Club or Independent Professional Baseball Club in calendar year 2020 were not more than 25 percent of the gross revenues of the Minor League Baseball Club or Independent Professional Baseball Club in calendar year 2019, or, if the gross revenues of the Minor League Baseball Club or Independent Professional Baseball Club were negatively impacted by a natural disaster or weather disruption in 2019, not more than 25 percent of the average annual gross revenues of the Minor League Baseball Club or Independent Professional Baseball Club over the 3-year period from 2016 through 2018, as determined by the Administrator using the accrual method of accounting and excluding any amounts received any amounts received under the CARES Act ( 15 U.S.C. 9001 et seq. ), an amendment to such Act, the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), or any subsequent COVID Relief package. (C) At the time the Minor League Baseball Club or Independent Professional Baseball Club submits the certification required under section 3(c), the Minor League Baseball Club or Independent Professional Baseball Club is open, or intends to reopen, for the primary purpose of conducting baseball games. (D) The Minor League Baseball Club or Independent Professional Baseball Club is not majority owned, directly or indirectly, by Major League Baseball, a Major League Baseball Club, or one or more persons who have a greater than 10 percent ownership interest in a Major League Baseball Club. (6) Independent professional baseball club The term Independent Professional Baseball Club means a professional baseball team, including a professional baseball team that is a corporation, limited liability company, or a partnership or operated as a sole proprietorship, that— (A) operates for profit or as a nonprofit organization; (B) is located in the United States; and (C) as of February 29, 2020, was a member of— (i) the American Association of Professional Baseball; (ii) the Atlantic League of Professional Baseball; (iii) the Canadian American Association of Professional Baseball; (iv) the Empire Professional Baseball League; (v) the Frontier League; (vi) the Pacific Association of Professional Baseball Clubs; (vii) the Pecos League of Professional Baseball Clubs; (viii) the United Shore Professional Baseball League; or (ix) the Western League. (7) Minor league baseball club The term Minor League Baseball Club means a professional baseball team, including a professional baseball team that is a corporation, limited liability company, or a partnership or operated as a sole proprietorship, that— (A) operates for profit or as a nonprofit organization; (B) is located in the United States; and (C) (i) as of February 29, 2020, was a member of a league that was a member of the National Association of Professional Baseball Leagues, Inc.; or (ii) has been offered and is operating or has agreed to operate under— (I) a Player Development License granted by MLB Professional Development Leagues, LLC; or (II) a license granted by Appalachian League, Inc. (8) Payroll costs The term payroll costs has the meaning given the term in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36) ). 3. Grants for certain minor league baseball clubs (a) In general The Administrator shall, subject to the availability of appropriations, make covered grants to eligible entities in accordance with this section. (b) Authority The Associate Administrator for the Office of Disaster Assistance of the Small Business Administration shall coordinate and formulate policies relating to the administration of covered grants. (c) Certification of need An eligible entity applying for a covered grant shall submit a good faith certification that the uncertainty of current economic conditions makes necessary the grant to support the ongoing operations of the eligible entity. (d) Multiple business entities The Administrator shall treat each eligible entity as an independent, non-affiliated entity for the purposes of this section. (e) Grant terms (1) Number of grants (A) In general Except as provided in subparagraph (B), an eligible entity may receive only 1 covered grant. (B) Supplemental grant The Administrator may make a second covered grant to an eligible entity if, as of June 30, 2021, the gross revenues of such eligible entity for calendar year 2021 as of such date are not more than 30 percent of the gross revenues of such eligible entity for the corresponding period of 2019, or, if the gross revenues of the eligible entity were negatively impacted by a natural disaster or weather disruption in 2019, not more than 30 percent of the average gross revenues of the eligible entity during the first 6 months of 2016, 2017, and 2018, due to the COVID–19 pandemic. (2) Amount (A) In general Except as provided in subparagraph (B), a covered grant shall be in an amount equal to the lesser of— (i) the amount equal to 45 percent of the gross revenues of the eligible entity for 2019, or, if the gross revenues of the eligible entity were negatively impacted by a natural disaster or weather disruption in 2019, equal to 45 percent of the average annual gross revenues of the eligible entity over the 3-year period from 2016 through 2018, which shall include the gross revenues of all subsidiaries and other related entities that are consolidated with the gross revenues of the eligible entity in a financial statement prepared in accordance with generally accepted accounting principles for such eligible entity for such year; or (ii) $10,000,000. (B) Supplement grant amount A covered grant made pursuant to paragraph (1)(B) shall be in an amount equal to 50 percent of the first covered grant received by the eligible entity. (3) Grant aggregate maximum The total amount of covered grants received by an eligible entity may not exceed $10,000,000. (4) Use of funds (A) Timing (i) Expenses incurred (I) In general Except as provided in subclause (II), amounts received under a covered grant may only be used for expenses incurred during the period beginning on March 1, 2020 and ending on December 31, 2021. (II) Extension for supplemental grants If an eligible entity receives a grant under paragraph (1)(B), amounts received under a covered grant may be used for costs incurred during the period beginning on March 1, 2020 and ending September 30, 2022. (ii) Expenditure (I) In general Except as provided in subclause (II), an eligible entity shall return to the Administrator any amounts received under a covered grant that are not expended on or before the date that is 1 year after the date of disbursement of the covered grant. (II) Extension for supplemental grants If an eligible entity receives a grant under paragraph (1)(B), the eligible entity shall return to the Administrator any amounts received under any covered grant that are not expended on or before the date that is 18 months after the date of disbursement of the first covered grant received by the eligible entity. (B) Allowable expenses An eligible entity may use amounts received under a covered grant for— (i) payroll costs; (ii) payments on any covered rent obligation or other obligation to a public entity from whom the primary venue of the eligible entity is leased or licensed; (iii) any covered utility payment; (iv) payments of interest or principal due on any covered mortgage obligation; (v) payments of interest or principal due on any indebtedness or debt instrument incurred in the ordinary course of business that is a liability of the eligible entity and was in place or incurred prior to February 15, 2020; (vi) covered worker protection expenditures; (vii) payments made to independent contractors, as reported on Form-1099 MISC, not to exceed a total of $100,000 in annual compensation for any individual employee of an independent contractor; and (viii) other ordinary and necessary business expenses, including— (I) maintenance expenses; (II) administrative costs, including fees and licensing costs; (III) State and local taxes and fees; (IV) operating leases in effect as of February 15, 2020; (V) payments required for insurance on any insurance policy; (VI) settling existing debts with vendors; and (VII) advertising, production, transportation, and capital expenditures relating to the primary venue of the eligible entity or events held at such venue, except that a grant under this section may not be used primarily for such expenditures. (C) Prohibited expenses An eligible entity may not use amounts received under a grant under this section— (i) to purchase real estate; (ii) for payments of interest or principal for loans originated after February 15, 2020; (iii) to invest or re-lend funds; (iv) for contributions or expenditures to, or on behalf of, any political party, party committee or candidate for elective office; or (v) for any other use as may be reasonably prohibited by the Administrator. (f) Increased oversight The Administrator shall increase oversight of eligible entities receiving covered grants, which may include the following: (1) Documentation Additional documentation requirements that are consistent with the eligibility and other requirements under this section, including requiring an eligible entity that receives a grant under this section to retain records that document compliance with the requirements for grants under this section— (A) with respect to employment records, for the 4-year period following receipt of the grant; and (B) with respect to other records, for the 3-year period following receipt of the grant. (2) Reviews of use Reviews of the use of the grant proceeds by an eligible entity to ensure the compliance with requirements established under this section and by the Administrator, including that the Administrator may— (A) review and audit grants under this section; and (B) in the case of fraud of other material noncompliance with respect to a grant under this section— (i) require repayment of misspent funds; or (ii) pursue legal action to collect funds. (g) Oversight and audit plan (1) In general Not later than 45 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an audit plan that details— (A) the policies and procedures of the Administrator for conducting oversight and audits of covered grants; and (B) the metrics that the Administrator shall use to determine which covered grants will be audited pursuant to subsection (f). (2) Report Not later than 60 days after the date of enactment of this Act, and each month thereafter until the date that is 1 year after the date on which all amounts appropriated to make covered grants have been expended, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the oversight and audit activities of the Administrator under this subsection, which shall include— (A) the total number of covered grants approved and disbursed; (B) the total amount of covered grants received by each eligible entity; (C) the number of active investigations and audits of covered grants; (D) the number of completed reviews and audits of covered grants, including a description of any findings of fraud or other material non-compliance; and (E) any substantial changes made to the oversight and audit plan submitted under paragraph (1). (h) Tax treatment of covered loans (1) In general For the purposes of the Internal Revenue Code of 1986— (A) no covered grant shall be included in the gross income of the eligible entity that receives such covered grant; (B) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by subparagraph (A); and (C) in the case of a partnership or S corporation that receives such a covered grant— (i) any amount excluded from income by reason of subparagraph (A) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986; and (ii) the Secretary of the Treasury (or the Secretary's delegate) shall prescribe rules for determining a partner's distributive share of any amount described in clause (i) for purposes of section 705 of the Internal Revenue Code of 1986. (2) Applicability Paragraph (1) shall apply to taxable years ending after the date of enactment of this Act. (i) Funding Notwithstanding any provision of covered law, from any funds appropriated under such a law that have not been obligated as of the date of enactment of this Act and are no longer being used to carry out the activities under such a law, the remaining funds or $550,000,000, whichever is greater, but in any case not more than $550,000,000, shall be allocated to the Administrator to carry out this section, of which not more than $50,000,000 shall be allocated to Independent Professional Baseball Clubs. | https://www.govinfo.gov/content/pkg/BILLS-117s2233is/xml/BILLS-117s2233is.xml |
117-s-2234 | II 117th CONGRESS 1st Session S. 2234 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To make housing affordable, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Affordable Housing Opportunities Made Equitable Act or the Affordable HOME Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Homeownership Sec. 101. Direct down payment assistance. Sec. 102. Mortgage interest tax credit. Sec. 103. Positive rental history credit enhancement. Sec. 104. Individual development accounts. Sec. 105. Shared equity homeownership initiative. Sec. 106. National right of first refusal. Sec. 107. No cause evictions. Sec. 108. Right to Counsel. Sec. 109. Landlord Guarantee Program. Sec. 110. Including all forms of housing in HUD consolidated plan. Sec. 111. Prohibiting discrimination against voucher holders. Sec. 112. Fair market rent appeal. Sec. 113. Office of restorative housing justice. TITLE II—Construction and Preservation Sec. 201. Housing Trust Fund. Sec. 202. Rural housing trust fund construction of USDA multifamily housing for low-income families. Sec. 203. Strategy and investment in rural housing. Sec. 204. Manufactured housing preservation strategy and investment. Sec. 205. Community energy savings program. Sec. 206. Public housing. TITLE III—Housing Assistance for Homeless and Low-Income Families Sec. 301. Increasing direct rental assistance. Sec. 302. Supportive tiny housing village innovation pilot program. Sec. 303. Permanent supportive housing. Sec. 304. Navigation center pilot program. TITLE IV—Housing and Homelessness Innovation Sec. 401. Housing and homelessness innovation research centers. TITLE V—Emergency housing program Sec. 501. Definitions. Sec. 502. Emergency assistance. Sec. 503. Authorization of appropriations. 2. Findings Congress finds the following: (1) The United States is experiencing an ongoing affordable housing crisis that the Federal Government has failed to adequately or proportionately address. The Harvard Housing Center found that about half of all renters in the United States spent more than 30 percent of their incomes on rent and utilities, while 1 in 4 renters spent more than half their incomes on housing in 2018. Although developers have increased new home construction in recent years, the impacts of increased supply have not alleviated pricing pressures evenly across income distributions. Often, housing developers focus new development on the most profitable sectors, increasing construction in the luxury housing market and leaving a void in affordable home construction. The most disadvantaged populations are left defenseless, without affordable housing options and at risk of eviction and displacement due to rising rents. (2) In 2019, an average of 568,000 people experienced homelessness at a single point in time. Despite this large number of unhoused people in the United States, the housing choice voucher program, one of our most essential housing safety nets, had multi-year wait lists in many areas. The public housing agencies that administer these vouchers continue to experience serious underfunding since Congress has only provided funding for administrative expenses prorated at 80 percent. (3) The current housing affordability crisis does not impact all Americans equally—it is felt most acutely by people of color, and in particular African Americans, a testament to the lingering impacts of discriminatory housing policies. African Americans represent 40 percent of all people experiencing homelessness in the United States, while only accounting for 13 percent of the United States population. (4) In 1933, the Federal Government created the Home Owners' Loan Corporation, which played a pivotal role in the development and racial segregation of the United States housing market, also known as redlining. By deeming certain neighborhoods as hazardous and limiting investment in others, the Federal Government firmly established racially segregated neighborhoods throughout the United States. (5) Predatory use of eminent domain in predominantly African-American neighborhoods was coupled by Federal urban renewal projects in the latter half of the 20th century, which cleared out homes and businesses throughout many of these communities. (6) Several areas of the United States saw an influx of African Americans migrating from the Deep South in pursuit of better economic opportunities. The Federal Government and State and local municipalities and their policies heavily influenced where this population settled. (7) Historical restrictions on homeownership have driven disparate impacts for Black Americans, indigenous people, and people of color across most sectors of social existence. In the fourth quarter of 2018, the homeownership rate among Black Americans was 43.6 percent, while the Hispanic homeownership rate was 46.9 percent. In comparison, the White (non-Hispanic) homeownership rate was 73.6 percent in the fourth quarter of 2018, more than the all-minority homeownership rate. Creating policies and programs that encourage homeownership for the most disadvantaged is necessary to achieve equitable outcomes for all people in the United States. (8) Generations of African Americans have been systematically displaced and that legacy is still felt by descendants today. (9) Despite these clear and documented patterns, the Federal Government has not dedicated significant attention and resources to remedy the historical legacies of redlining, urban renewal, and other explicitly and intentionally racist housing policies. (10) Housing impacts education policy and outcomes. Low-income students who lack a quality education are less likely to pursue education or training beyond high school, and thus more likely to live in low-income neighborhoods. Schools with a large concentration of low-income students are classified as title I schools, and in 2016, the largest racial demographic in those schools were African-American children, followed by White children. Generally, school districts are largely funded by local property taxes, and low-income neighborhoods have lower home values. School districts are therefore unable to provide a high quality education to their students. The property value funding mechanism perpetuates a systematic cycle that keeps low-income African-American people in poverty, with very little opportunity for upward mobility. Some States have tried to wrestle with this systematic cycle by redesigning the funding formula, yet the lasting implications of inequitable funding structures remain. (11) Data demonstrates that communities of color and low-income families experience the adverse consequence of displacement the most due to Federal, State, and local inequitable housing policies. As a result, disparities have occurred, diminishing or outright denying opportunities to obtain homeownership and access to generational wealth within these means. As living preferences change, current trends demonstrate that urban areas once comprised of higher concentrations of low income people and people of color have become more desirable and sought after by affluent people with different identities of those displaced—this is also known as gentrification. (12) Congress should address and continue to study the ramifications of structural racism and social class disparities within Federal housing policies. This can be done by targeting displacement, homelessness, housing affordability, enforcing tenant protections, providing landlords with incentives to participate in affordable housing programs, and facilitating access to resources that lead to homeownership. (13) This Act aims to address the shortcomings of our current housing policies and funding levels by holistically addressing disparities and systematic obstacles and ensuring an equitable outcome for the most vulnerable Americans. 3. Definitions In this Act: (1) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (2) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (3) Manufactured home The term manufactured home — (A) has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 ); (B) includes a home described in subparagraph (A) without regard to whether the home was built before, on, or after the date on which the construction and safety standards established under section 604 of that Act ( 42 U.S.C. 5403 ) became effective; and (C) shall not include any self-propelled recreational vehicle. (4) Manufactured housing community The term manufactured housing community means a community comprised primarily of manufactured homes used primarily for residential purposes. (5) Public housing agency The term public housing agency has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (6) Secretary The term Secretary means the Secretary of Housing and Urban Development. (7) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. I Homeownership 101. Direct down payment assistance (a) Definitions In this section: (1) Eligible household The term eligible household means a household with an income that is less than 140 percent of the area median income. (2) Share equity home; shared equity homeownership program The terms shared equity home and shared equity homeownership program have the meanings given those terms in section 105(a). (b) Establishment The Secretary shall establish a program to provide grants to State housing finance agencies to establish new or supplement existing down payment assistance programs for eligible households located within the State. (c) Requirements for eligible households An eligible household receiving assistance from a grant provided under this section shall— (1) participate in housing counseling provided by— (A) an organization approved by the Department of Housing and Urban Development; or (B) a culturally specific nonprofit organization; and (2) use the assistance for a down payment on a property to be used by the eligible household as a primary residence for a period of not less than 10 years. (d) No restriction on housing An eligible household may use assistance received from a grant provided under this section for a down payment on any type of dwelling that shall be used as a primary residence, including a manufactured housing unit, residential property under 400 square feet, a condominium, or a cooperative. (e) Unrestricted co-Borrowers pilot There shall be reserved 2 percent of the funds made available under this section for grantees to carry out a pilot down payment assistance program serving more than 2 co-borrowers receiving assistance from a grant provided under this section. (f) Supplement for shared equity home purchases A grantee shall establish a 25 percent supplemental bonus down payment for eligible households that are seeking to purchase an existing shared equity home or cooperative or bring a property into a shared equity homeownership program or cooperative with funds made available under this section. (g) Limitation The aggregate amount treated as acquisition indebtedness for purposes of this section for any period shall not exceed the limitation governing the maximum original principal obligation for a mortgage secured by a single-family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ). (h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $1,000,000,000 for each of fiscal years 2022 through 2031. (2) Set aside for Fund An amount equal to 20 percent of the funds appropriated under paragraph (1) in a fiscal year shall be set aside and transferred to the Restorative Housing Justice Fund established under section 113(h). (3) Set aside for Indian Tribes Of the amount appropriated under paragraph (1) for each fiscal year, the Secretary shall allocate as grant funds— (A) 98 percent to be provided to States; and (B) 2 percent to be provided to Indian Tribes in accordance with paragraph (4). (4) Allocation to Indian Tribes Of the amount allocated for Indian Tribes under paragraph (3)(B), the Secretary shall allocate funds to each Indian Tribe participating in the program during that fiscal year based on a formula established by the Secretary that takes into account any factor that the Secretary determines to be appropriate. (5) Publication of allocation formulas Not later than 90 days before the beginning of each fiscal year for which grants are provided to States and Indian Tribes under this section, the Secretary shall publish in the Federal Register the formulas for allocation established under this subsection. 102. Mortgage interest tax credit (a) Allowance of credit (1) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25A–1. Mortgage interest (a) In general There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of the qualified mortgage interest paid or accrued by the taxpayer during the taxable year. (b) Qualified mortgage interest For purposes of this section— (1) In general The term qualified mortgage interest means interest paid or accrued on acquisition indebtedness (as defined in section 163(h)(3)(B)(i)) with respect to a residence of the taxpayer which is the principal residence (within the meaning of section 121) of the taxpayer. (2) Limitation The aggregate amount treated as acquisition indebtedness for purposes of this section for any period shall not exceed the limitation governing the maximum original principal obligation for a mortgage secured by a single-family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ). (3) Treatment of mortgage insurance premiums Rules similar to the rules of section 163(h)(3)(E) shall apply. (4) Cooperative housing corporations; unenforceable security interests; estates and trusts Rules similar to the rules of subparagraphs (B), (C), and (D) of section 163(h)(4) shall apply. (c) Election A taxpayer may elect not to have this section apply with respect to qualified mortgage interest paid or accrued by the taxpayer for any taxable year. (d) Coordination with other provisions No credit shall be allowed under this section for any taxable year with respect any residence if— (1) a deduction is allowed for such taxable year under section 163 with respect to such residence, or (2) a credit is allowed for such taxable year under section 25 with respect to such residence. . (2) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25 the following new item: Sec. 25A–1. Mortgage interest. . (b) Coordination with existing credit (1) In general Section 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsections: (j) Election A taxpayer may elect not to have this section apply for any taxable year. (k) Coordination No credit shall be allowed under this section for any taxable year with respect to if a credit is allowed for such taxable year under section 25A–1 with respect to such residence. . (2) Conforming amendment Section 6501(m) of such Code is amended by inserting 25(j), 25A–1(c), before 30B(h)(9) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 103. Positive rental history credit enhancement Not later than 180 days after the date of enactment of this Act, the Director of the Federal Housing Finance Agency shall issue supervisory guidance requiring, to the greatest extent practicable, that not less than 5 percent of mortgages securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association by 2024 factor borrower opt-in positive rental payment history in the credit rating and underwriting process with respect to those mortgages. 104. Individual development accounts (a) In general Section 416 of the Assets for Independence Act ( 42 U.S.C. 604 note) is amended by striking $25,000,000 for each of fiscal years 1999, 2000, 2001, 2002, and 2003, and inserting $100,000,000 for each of fiscal years 2022 through 2031, . (b) Set aside An amount equal to 10 percent of the funds appropriated under section 416 of the Assets for Independence Act ( 42 U.S.C. 604 note) in a fiscal year shall be set aside and transferred to the Restorative Housing Justice Fund established under section 113(h). 105. Shared equity homeownership initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a participating jurisdiction; and (B) an entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). (2) Eligible household The term eligible household means a household described in subsection (e). (3) Participating jurisdiction The term participating jurisdiction has the meaning given the term in section 92.2 of title 24, Code of Federal Regulations, or any successor regulation. (4) Shared equity home The term shared equity home means a dwelling unit serving an eligible household that utilizes a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions stating that— (A) the dwelling unit is intended to be kept affordable for subsequent eligible households; (B) the affordability term is not less than 60 years after recordation; (C) a resale formula applies that limits the proceeds of the homeowner upon resale; and (D) the shared equity homeownership program, its agent, or its assignee has a preemptive option to purchase the dwelling unit from the homeowner at resale. (5) Shared equity homeownership program The term shared equity homeownership program means a program that— (A) provides access to shared equity homes for eligible households; and (B) is administered by community land trusts, other nonprofit organizations, or State or local governments or instrumentalities. (6) Subsidy to cover the affordability gap The term subsidy to cover the affordability gap means the subsidy amount needed to make a dwelling unit affordable at a targeted area median income level in a targeted market, such as a census tract, neighborhood, county, city, or metropolitan statistical area, that— (A) accounts for the number of bedrooms in a dwelling unit and the area median income adjusted for family size; and (B) shall be not be less than 20 percent of the median sales price in the targeted market. (b) Establishment The Secretary shall provide grants to eligible entities to establish and expand shared equity homeownership programs and shared equity homes, including through partnerships with nonprofit entities, community land trusts, or State or local governments or instrumentalities. (c) Types of grants (1) Grants for planning and capacity building The Secretary may award 3-year grants under this section to eligible entities to provide grants to nonprofit entities, community land trusts, or State or local governments or instrumentalities to develop shared equity homeownership programs or community land trusts or to plan and build capacity related to carrying out grant activities under this section. (2) Grants for expanding the number of shared equity homes The Secretary may award grants under this section to eligible entities to expand the number of shared equity homes in existing shared equity homeownership programs, which may include— (A) grants for acquisition and rehabilitation or new construction to create shared equity homes and includes subsidy to cover the affordability gap; and (B) grants to implement a buyer-initiated program, where eligible households identify homes in the market and bring them into the shared equity homeownership program, which may include subsidy to cover the affordability gap and funds necessary for rehabilitation or repair of the property. (3) Limitation The amount of grants provided under paragraph (1) in a fiscal year shall be limited to not more than 25 percent of the amount appropriated in the fiscal year under subsection (h). (d) Eligible grant expenses An eligible entity receiving a grant under (c)(2) may use the funds— (1) to provide a developer with a subsidy to cover the affordability gap, which funds may be used to acquire properties and conduct rehabilitation or to construct new homes before the property is converted to shared equity homeownership; (2) for acquisition, rehabilitation, and development expenses that are not covered by a subsidy provided under paragraph (1), including a developer fee; (3) for capitalization of repair and replacement reserves, which funds may be used for repair and replacement expenses between resales to repair or improve a property so that a subsequent eligible households is not financially vulnerable due to deferred maintenance; (4) to provide initial stewardship funds to support the operations of the shared equity homeownership program; and (5) for the cost of administering the shared equity homeownership program, such as identifying and qualifying eligible households. (e) Eligible households Shared equity homeownership programs receiving funds under this section may serve households with an income under 120 percent of the area median income, as adjusted for household size, based upon the needs of the targeted market. (f) Technical assistance and capacity building hub The Secretary shall establish a dedicated shared equity housing professional technical assistance hub entity to educate and engage with local partners to share best practices and otherwise facilitate the shared equity homeownership model. (g) Annual report The Secretary shall establish a data collection hub to which all eligible entities receiving a grant under this section shall report on an annual basis— (1) the number of shared equity homes created; (2) the number of households served; (3) eligible household demographic characteristics; and (4) any other relevant demographic information required at the discretion of the Secretary. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $1,000,000,000 for each of fiscal years 2022 through 2031. (2) Set aside for Fund An amount equal to 20 percent of the funds appropriated under paragraph (1) in a fiscal year shall be set aside and transferred to the Restorative Housing Justice Fund established under section 113(h). 106. National right of first refusal (a) Fannie Mae Section 302 of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717 ) is amended by adding at the end the following: (d) Right of first refusal The corporation may not sell or transfer any mortgage that is secured by a single-family or multi-family residential property that is a rental property unless the current tenant or the most recent tenant within the preceding 12-month period was given— (1) not less than 20 days to indicate interest in purchasing the single-family home or dwelling unit in which the tenant resides; and (2) not less than 45 additional days to initiate the application process of securing financing to purchase the home or dwelling unit. . (b) Freddie Mac Section 305 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454 ) is amended by adding at the end the following: (e) Right of first refusal The Corporation may not sell or transfer any mortgage that is secured by a single-family or multi-family residential property that is a rental property unless the current tenant or the most recent tenant within the preceding 12-month period was given— (1) not less than 20 days to indicate interest in purchasing the single-family home or dwelling unit in which the tenant resides; and (2) not less than 45 additional days to secure financing to purchase the home or dwelling unit. . (c) Special rule for manufactured housing communities (1) Definitions (A) Manufactured housing community cooperative or corporation The term manufactured housing community cooperative or corporation means a cooperative or nonprofit corporation established pursuant to the laws of the State in which the property used as a manufactured housing community. (B) Qualified gain The term qualified gain means the gain from the sale or exchange of real property comprised primarily of manufactured housing used solely for residential purposes. (2) Resident right to purchase (A) In general A taxpayer who is a party to a manufactured housing community sale or transfer or ownership shall be assessed the tax penalty described in subparagraph (B) unless— (i) the residents of a manufactured housing community were given 60 days to form a manufactured housing community cooperative or corporation if no such entity currently exists; and (ii) the manufactured housing community cooperative or corporation subjected to sale or exchange is given 90 days to initiate the application process of securing financing to purchase the manufactured housing community. (B) Tax penalty The tax penalty described in this subparagraph for any taxable year is an amount equal to 15 percent of the qualified gain received by the taxpayer during the taxable year. (d) Technical assistance and capacity buildings grants (1) In general The Secretary shall award grants to organizations described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of such Code that are actively engaged in supporting affordable housing and resident-owned manufactured housing communities. (2) Appropriations There is authorized to be appropriated $10,000,000 for each of fiscal years 2022 to 2031 to carry out this subsection. 107. No cause evictions (a) Definitions In this section: (1) Landlord The term landlord — (A) means the owner, lessor, or sublessor of a residence; and (B) includes an individual who is authorized by an owner, lessor, or sublessor of a residence to— (i) manage the residence; or (ii) enter into a lease agreement for the residence. (2) Residence The term residence — (A) means a non-commercial— (i) plot of real property; or (ii) dwelling; and (B) includes— (i) a tiny home that has not more than 400 square feet of living space; (ii) an accessory dwelling unit; (iii) an apartment; and (iv) a manufactured home on a plot of real property leased from the landlord. (3) Tenant The term tenant means an individual who— (A) is not less than 18 years of age; and (B) has leased a residence for not fewer than 6 months. (b) Prohibition Subject to subsection (e), a landlord may not evict a tenant from a residence, unless— (1) there is not less than one just cause for the eviction under subsection (c); and (2) the landlord has followed the notice procedure established under subsection (d). (c) Just causes for eviction by a landlord The following situations constitute just cause for a landlord to evict a tenant: (1) The intentional or negligent actions of the tenant cause substantial physical damage to the residence of the tenant. (2) The intentional actions of the tenant measurably and demonstrably inhibit the quality of life of an individual who lives— (A) in the building where the residence of the tenant is located; or (B) in the immediate vicinity of the residence of the tenant. (3) The tenant does not pay rent owed to the landlord for the residence of the tenant. (4) The tenant, in the residence of the tenant or in the immediate vicinity of the residence of the tenant, commits a crime— (A) that involves— (i) prostitution; commercial sexual solicitation, or the promotion of prostitution; (ii) the unlawful manufacture, delivery, or possession of a controlled substance; (iii) the manufacture of a cannabinoid extract, unless the tenant holds a license to manufacture the cannabinoid extract under Federal, State, or Tribal law; or (iv) burglary; and (B) which, at a trial for damages under this section, the landlord of the residence can prove by a preponderance of the evidence. (5) The tenant commits a crime that impacts— (A) the health or safety of individuals who live within the immediate vicinity of the residence of the tenant; or (B) the right of individuals who live within the immediate vicinity of the residence of the tenant to peacefully enjoy the property of those individuals. (6) The landlord or an immediate relative of the landlord makes a measurable, demonstrable, and bona fide plan to occupy the residence. (7) (A) Local or State housing inspectors determine that the residence of the tenant is unsuitable for occupancy; and (B) the unsuitability of the residence is not a result of deferred maintenance of the residence by the landlord. (d) Notice procedure Before a landlord may evict a tenant, the landlord shall provide the following notice: (1) The landlord shall provide the tenant with an initial eviction notice not fewer than 6 months before the eviction takes place that— (A) states the just cause for the eviction under subsection (c); and (B) if the just cause stated under subparagraph (A) is described in paragraphs (1) through (3) of subsection (c) and the tenant can remedy the just cause, provides the tenant with 15 days to correct the actions of the tenant. (2) Not sooner than 30 days after providing the initial eviction notice under paragraph (1), the landlord shall provide the tenant with a second eviction notice that— (A) states the just cause for the eviction under subsection (c); and (B) if the just cause stated under subparagraph (A) is described in paragraphs (1) through (3) of subsection (c) and the tenant can remedy the just cause, provides the tenant with 15 days to correct the actions of the tenant. (e) Exceptions A landlord may evict a tenant from a residence without a just cause for the eviction under subsection (c) or providing the notice required under subsection (d) for one or more of the following reasons: (1) (A) The tenant intentionally provided a substantial amount of false information relating to a criminal conviction of the tenant on a rental application for the residence; (B) the conviction described in subparagraph (A) occurred not less than 1 year before the date of the submission of the application; (C) the landlord would not have entered into a rental agreement for the residence with the tenant if the landlord had known that the information described in subparagraph (A) was false; and (D) the landlord terminates the rental agreement of the tenant not later than 30 days after the date on which the landlord discovered that the information described in subparagraph (A) was false. (2) The tenant commits domestic violence, dating violence, sexual assault, or stalking against a member of the household of the tenant. (f) Penalty A landlord who violates subsection (b) shall pay to the tenant a sum not less than 6 times the median monthly rent price for the area in which the residence of the tenant is located. (g) Duty To evict (1) If a landlord knows that a tenant has committed domestic violence, dating violence, sexual assault, or stalking against a member of the household of the tenant, the landlord shall— (A) take steps to exclude, evict, or otherwise expel the tenant from the residence of the tenant; and (B) permit the member of the household of the tenant to continue living in the residence. (h) Tenant right To terminate lease (1) In general A tenant may terminate the lease agreement for the residence of the tenant and any immediate family members of the tenant if— (A) the tenant provides the landlord of the residence written notice not less than 14 days before the date on which the tenant terminates the lease agreement; (B) (i) the tenant is protected by a valid order of protection; or (ii) not more than 90 days before the date on which the tenant provides the landlord the notice described in subparagraph (A), the tenant has been the victim of domestic violence, dating violence, sexual assault, or stalking; (C) the tenant provides the landlord with a document that verifies the condition described in subparagraph (B), which includes the signature or seal of— (i) a court; (ii) a State or local governmental authority; or (iii) an entity that serves victims of— (I) domestic violence; (II) dating violence; (III) sexual assault; or (IV) stalking; and (D) the tenant vacates the residence not later than 14 days after the date on which the tenant provides the notice described in subparagraph (A). (2) Effect of termination If a tenant terminates a lease agreement for the residence of the tenant under paragraph (1)— (A) the tenant is not liable for any unpaid rent for the period of time beginning on the date that is— (i) 14 days after the tenant gives the landlord notice under paragraph (1)(A); or (ii) agreed upon in the lease agreement; and (B) not later than 21 days after receiving the notice described in paragraph (1)(A), the landlord shall return to the tenant— (i) the appropriate share of a security deposit of the tenant; and (ii) in the case that it is not possible to discern the appropriate share of a security deposit of the tenant to be returned, not less than 20 percent of the security deposit of the tenant. (i) Savings clauses Nothing in this section shall be construed to supersede or preempt— (1) any provision of law enacted by a State or local government that provides greater protections for tenants than provided in this section; or (2) any provision of section 41411 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491 ) that offers greater protections to individuals residing in federally assisted housing that are victims of— (A) domestic violence; (B) dating violence; (C) sexual assault; or (D) stalking. 108. Right to Counsel (a) Purpose The purpose of this section is to— (1) establish funding for State governments, local governments, or Indian Tribes that have established a Right to Counsel through legislation for covered individuals who are facing— (A) eviction; (B) a termination of a housing subsidy; or (C) foreclosure; (2) provide counsel to the most vulnerable populations; (3) allow governing bodies to tailor the Right to Counsel to fit the unique needs of the community of the governing body, including by setting eligibility requirements for individuals who receive the Right to Counsel; and (4) guarantee that— (A) covered individuals have a legal right to receive full legal representation at no cost; (B) covered individuals are not denied a Right to Counsel for discretionary reasons; and (C) funding for a State government, a local government, or an Indian Tribe with a Right to Counsel continues as long as the State government, local government, or Indian Tribe complies with— (i) the plan outlined in the application of the State government, local government, or Indian Tribe; and (ii) the reporting requirements described in subsection (f). (b) Definitions In this section: (1) Affirmative case The term affirmative case means any housing-related lawsuit in which a covered individual is not a defendant, which may include a lawsuit designed to— (A) compel a landlord to make a necessary repair to a residence; (B) enjoin the harassment of a tenant by a landlord; (C) remedy mortgage or rental lease fraud; and (D) remedy— (i) an instance of discrimination against a tenant or prospective tenant by a landlord; (ii) discrimination in lending; (iii) discrimination under the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); or (iv) any other instance of discrimination that is directly related to housing. (2) Covered individual The term covered individual — (A) means an individual who— (i) meets the eligibility requirements of an eligible entity established in the Right to Counsel legislation of the eligible entity; and (ii) is a defendant or plaintiff in a covered proceeding that takes place within the geographic boundaries of the eligible entity described in clause (i); and (B) includes any individual described in subparagraph (A) who is— (i) a tenant of any type of rental housing, including public housing; (ii) a homeowner of any type of home, including a tiny home or a manufactured home; (iii) a tenant or homeowner with a terminated housing subsidy; or (iv) a tenant or homeowner who has received notice that the housing subsidy of the tenant or homeowner will be terminated. (3) Covered proceeding The term covered proceeding means a civil action in a court or administrative forum— (A) for— (i) eviction from the primary residence of a tenant; (ii) the termination of a housing subsidy; (iii) foreclosure on the primary residence of a homeowner; and (iv) an affirmative case, if the eligible entity meets the requirement under subsection (c)(2)(B); and (B) that an eligible entity chooses to cover in the Right to Counsel legislation of the eligible entity. (4) Eligible entity The term eligible entity means a State government, a local government, or an Indian Tribe with a Right to Counsel. (5) Housing-related legal representation The term housing-related legal representation — (A) means full legal representation by a Right to Counsel attorney for a covered individual in a covered proceeding; and (B) includes full legal representation on an appeal from a covered proceeding. (6) Housing subsidy The term housing subsidy means Federal, State, or local monetary assistance for a rental or mortgage payment, such as a voucher. (7) Implementation period The term implementation period means the 5-year period during which an eligible entity gradually increases the capacity of the eligible entity to provide housing-related legal representation to covered individuals. (8) Legal service provider The term legal service provider means a nonprofit organization that— (A) provides housing-related legal representation on behalf of an eligible entity to covered individuals; and (B) receives compensation from the eligible entity for providing the housing-related legal representation described in subparagraph (A). (9) Local government The term local government includes the government of a city, town, township, county, parish, village, or any other subdivision of a State. (10) Public housing The term public housing has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (11) Right to Counsel The term Right to Counsel means a right established by a State government, a local government, or an Indian Tribe that— (A) is created through Right to Counsel legislation; (B) guarantees housing-related legal representation at no cost to— (i) during the implementation period, the amount of covered individuals the eligible entity identifies in the plan required under subsection (d)(2)(B); and (ii) after the implementation period ends, every covered individual; and (C) may be contingent upon the receipt of a certification by the Secretary under subsection (e). (12) Right to Counsel attorney The term Right to Counsel attorney means an attorney— (A) employed by a legal service provider; or (B) who, under the supervision of a legal service provider— (i) provides housing-related legal representation to a covered individual; or (ii) works on an affirmative case. (13) Right to Counsel legislation The term Right to Counsel legislation means legislation of a State government, a local government, or an Indian Tribe that— (A) establishes a Right to Counsel; (B) identifies eligibility requirements for covered individuals, which may not— (i) discriminate against any individual on the basis of— (I) the criminal record, gender identity, gender expression, sexual orientation, family status, age, national origin, disability, genetic information, family medical history, eviction history, or foreclosure history of the individual; (II) the immigration status or prior immigration status of the individual, except as required by Legal Services Corporation law and regulations; or (III) any other protected status; (C) identifies the type of covered proceedings the eligible entity will include in the Right to Counsel; and (D) provides for a not more than 5-year implementation period. (c) Federal reimbursements (1) In general Each fiscal year, the Secretary shall reimburse an eligible entity for the total cost of implementing and maintaining a Right to Counsel if the Right to Counsel has a certification from the Secretary under subsection (e). (2) Use of funds (A) In general The cost described in paragraph (1) may include— (i) personnel costs; (ii) operational costs; (iii) administrative costs; and (iv) the cost of support services. (B) Limitation (i) Affirmative cases Not more than 5 percent of the cost described in paragraph (1) may be used to provide representation for covered individuals in an affirmative case. (ii) Other proceedings favored An eligible entity may only provide representation for a covered individual in an affirmative case if the provision does not interfere with the ability of the eligible entity to provide representation to covered individuals for covered proceedings that are not affirmative proceedings. (d) Application (1) In general An eligible entity that desires a reimbursement from the Secretary under subsection (c) shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include the following: (A) If the Right to Counsel of the eligible entity covers actions for eviction, statistical data that shows, within the geographic boundaries of the eligible entity— (i) the number of actions for eviction that were filed against individuals; (ii) the number of orders for eviction that were granted as a result of an action described in clause (i); (iii) the number of actions for foreclosure that were filed against individuals; (iv) the number of foreclosures that were granted as a result of an action described in clause (iii); (v) the percentage of the individuals described in clauses (i) and (iii) that were represented by an attorney in the eviction or foreclosure proceeding; and (vi) to the greatest extent practicable, the household income level of the individuals described in clauses (i) and (iii). (B) A detailed plan for the implementation period of the Right to Counsel of the eligible entity that includes— (i) a timeline that describes the gradual increase in the number of covered individuals who receive housing-related legal representation at no cost; (ii) an assurance that key stakeholders, including legal service providers and community organizations— (I) were included in the formulation of the plan; and (II) will be included in the execution of the plan; and (iii) proposed methods to increase the rate of housing-related legal representation for covered individuals. (e) Certification (1) In general The Secretary shall certify the Right to Counsel of an eligible entity if the eligible entity submits an application meeting the requirements under subsection (d). (2) 3-year review (A) In general A certification of the Secretary under paragraph (1) shall be effective for a 3-year period. (B) Recertification The Secretary shall extend the certification of the Right to Counsel of an eligible entity for an additional 3-year period if— (i) the eligible entity submits an additional application under subsection (d); and (ii) the additional application meets the requirements under subsection (d). (f) Reports (1) In general Not less frequently than annually, each eligible entity receiving a reimbursement from the Secretary under subsection (c) shall submit to the Secretary each of the following reports: (A) For an eligible entity that is under an implementation period, a report summarizing the progress of the plan described in subsection (d)(2)(B). (B) A report that includes— (i) an estimation of the number of covered individuals who live in the geographic boundaries of the eligible entity; and (ii) statistical information relating to eviction and foreclosure proceedings handled by Right to Counsel attorneys of the eligible entity, including, to the greatest extent practicable, for each proceeding— (I) the race of each covered individual; (II) the age of each covered individual; (III) the household income of each covered individual; (IV) the number of individuals included in the household of the covered individual; (V) the type of property at issue; and (VI) whether the covered individual or a member of the household of the covered individual was a victim of domestic violence, dating violence, sexual assault, or stalking. (C) For an eligible entity with covered proceedings that include actions for eviction, a report that includes, for the previous year— (i) information with respect to the eligible entity on— (I) the rate of eviction filings; (II) the number of evictions that were ordered; (III) the number of evictions that were executed; and (IV) the percentage of individuals who were represented by an attorney of an eviction proceeding; (ii) information on the resolution of each eviction proceeding handled by Right to Counsel attorneys on behalf of the eligible entity, including— (I) whether the covered individual was permitted to stay in the residence of the covered individual; (II) whether the covered individual was displaced from the residence of the covered individual; and (III) in the case of a covered individual who was permitted to stay in the residence of the covered individual— (aa) whether the landlord was ordered to perform repairs; and (bb) the amount of damages either party to the proceeding was ordered to pay; and (iii) information on eviction proceedings handled by Right to Counsel attorneys on behalf of the eligible entity in which the Right to Counsel attorney withdrew or was discharged from the proceeding. (D) For an eligible entity with covered proceedings that include actions for foreclosure, a report that includes, for the previous year— (i) information with respect to the eligible entity on— (I) the number of individuals who were defendants in a foreclosure proceeding; and (II) the percentage of the individuals described in subclause (I) that were represented by an attorney; and (ii) information on the resolution of each foreclosure proceeding handled by Right to Counsel attorneys on behalf of the eligible entity, including— (I) whether the covered individual retained possession of the residence of the covered individual; (II) whether the covered individual was displaced from the residence of the covered individual; (III) whether any payment plans were agreed upon; (IV) the default amount at issue; (V) the value of the home on the date on which the foreclosure proceeding began; and (VI) if applicable, the sale price of the home at foreclosure sale. (2) Personally identifying information removed In each report submitted under paragraph (1), an eligible entity shall remove the personally identifying information of any covered individual. (g) Planning grants (1) In general Each fiscal year, the Secretary shall award grants in the amount of $100,000 to each eligible entity that submits an application under paragraph (3) for the purpose of preparing an application under subsection (d). (2) Limitation The total amount of grants made under paragraph (1) shall not exceed $2,500,000 in a fiscal year, to be provided to eligible entities described in that paragraph on a first-come, first-served basis. (3) Planning grant application (A) In general An eligible entity that desires a grant under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (B) Contents An application submitted under subparagraph (A) shall include an estimation of the number of covered individuals the Right to Counsel of the eligible entity will serve. (h) Independent commission study The Secretary shall conduct a study to analyze the feasibility of establishing an independent commission or another independent regulatory body to administer Right to Counsel funding under this section. (i) Establishment of fund (1) In general There is established in the Treasury of the United States a fund consisting of the amounts authorized to be appropriated under paragraph (2). (2) Deposits to the fund There are authorized to be appropriated and there are appropriated to the fund established under paragraph (1) such sums as may be necessary for each fiscal year for the cost of— (A) the reimbursements required under subsection (c); (B) the grants required under subsection (g); and (C) the study required under subsection (h). 109. Landlord Guarantee Program (a) Establishment The Secretary shall develop and implement a Landlord Guarantee Program (in this section referred to as the Program ), to be administered by public housing agencies, to provide financial assistance to landlords to mitigate damages caused by tenants receiving tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). (b) Eligibility In order to receive assistance under the Program, a landlord shall— (1) obtain judgment against the tenant from the public housing agency with jurisdiction over the property; (2) submit to the Secretary an application to receive assistance under the Program not later than 1 year after the date on which the landlord obtains judgment under paragraph (1); and (3) rent to a tenant with a valid guarantee. (c) Use of funds Amounts received under the Program shall only be used for reimbursing amounts in a judgment described in subsection (b) that are related to property damage, unpaid rent, or other damages, including damages— (1) caused as a result of the occupancy of the tenant, including where the tenant is a victim of domestic violence, dating violence, sexual assault, or stalking; (2) that exceed normal wear and tear; and (3) that are in excess of $500 but not more than $5,000 per tenancy. (d) Fees The Secretary shall assess and collect a fee from each landlord that participates in the Program that is equal to 1 percent of the rental value of the property for which the landlord seeks to mitigate damages caused by tenants. (e) Tenant accountability A tenant shall be eligible for not more than 2 claims under the Program every 10 years. (f) Landlord Accountability A landlord shall be eligible for not more than 1 claim under the Program per dwelling unit every 10 years. (g) Fund There is established in the Treasury of the United States a fund to be known as the Landlord Guarantee Program Fund, into which shall be deposited— (1) amounts appropriated to the fund; and (2) all amounts collected as fees under subsection (d). (h) Regulations The Secretary shall issue regulations to implement the Program, including regulations relating to— (1) additional qualifications and requirements that a landlord is required to meet to receive assistance under the Program; and (2) the form of application that a landlord shall submit to the Secretary to receive assistance under the Program. 110. Including all forms of housing in HUD consolidated plan (a) Definition of consolidated plan In this section, the term consolidated plan means a comprehensive housing affordability strategy and community development plan required under part 91 of title 24, Code of Federal Regulations, or any successor regulation. (b) Issuance of guidelines relating to non-Traditional forms of affordable housing The Secretary shall issue regulations that require that each grantee that is required to submit a consolidated plan shall include, to the greatest extent practicable, actionable plans to incorporate and preserve in the overall affordable housing stock— (1) modular housing constructed in accordance with State, local, or regional site-built building codes; (2) single room occupancy units; (3) emergency shelters, including dwelling units under 400 square feet and supportive tiny housing villages; (4) shared equity homes, including community land trusts; and (5) cooperative housing ownership models. 111. Prohibiting discrimination against voucher holders (a) In general The Fair Housing Act ( 42 U.S.C. 3601 et seq. ) is amended— (1) in section 802 ( 42 U.S.C. 3602 ), by adding at the end the following: (p) Source of income means lawful, verifiable income paid directly to a tenant or to a representative of a tenant, or paid to a housing owner or landlord on behalf of a tenant, including Federal rent subsidy payments under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) and any other local, State, or Federal housing or financial assistance. ; (2) in section 804 ( 42 U.S.C. 3604 ), by inserting source of income, after familial status, each place that term appears; (3) in section 805 ( 42 U.S.C. 3605 )— (A) in subsection (a), by inserting source of income, after familial status, ; and (B) in subsection (c), by inserting source of income, after handicap, ; (4) in section 806 ( 42 U.S.C. 3606 ), by inserting source of income, after familial status, ; and (5) in section 808(e)(6) ( 42 U.S.C. 3608(e)(6) ), by inserting source of income, after handicap, . (b) Prevention of intimidation in fair housing cases Section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 ) is amended by inserting source of income (as defined in section 802), before or national origin each place that term appears. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2031. 112. Fair market rent appeal (a) Definitions In this section: (1) Fair market rent The term fair market rent means the applicable fair market rental established under section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) ). (2) Successful fair market rent appeal The term successful fair market rent appeal means a reevaluation of a fair market rent resulting in a revised fair market rent that is not less than 3 percent higher than the fair market rent for the preceding year. (b) Fair market rent appeal In the case of an appeal made by a public housing agency of a fair market rent established by the Secretary, the Secretary shall— (1) calculate and publish estimates of historical underfunding over the preceding 10-year period due to fair market rents that are below true market value; and (2) if the Secretary determines that the fair market rent calculation was below true market value, reimburse the public housing agency or nonprofit owner of a residential dwelling unit subject to fair market rent an amount equal to 75 percent of the estimated underpayment caused by the inaccurate fair market rent calculation. (c) Survey The Secretary shall enter into a memorandum of agreement with a State housing finance agency to conduct a statewide rental market survey if a State experiences more than 2 successful fair market rent appeals within the preceding 5 calendar years. (d) Reimbursement for successful fair market rent appeals The Secretary shall grant an amount equal the actual direct expenses incurred by a public housing agency associated with a successful fair market rent appeal. (e) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2022 through 2031. 113. Office of restorative housing justice (a) Definition of covered geographic area In this section, the term covered geographic area means a geographic area that is— (1) within 20 miles of— (A) an area that was subject to an Urban Renewal Loan and Grant Contract from the Department of Housing and Urban Development; or (B) an area designated by the Home Owners' Loan Corporation as C—Definitely Declining or D—Hazardous ; and (2) within the service area of a single public housing agency. (b) Establishment The Secretary shall establish within the Department of Housing and Urban Development an Office of Restorative Housing Justice (in this section referred to as the Office ) to execute an affordable housing assistance preference policy for individuals and the parents, grandparents, or primary caretakers of people who— (1) (A) lost title to a personal residential property or at any point possessed title to real property in a covered geographic area; or (B) were displaced from a tenancy or established residence in a covered geographic area; and (2) seek to return to an area that was historically a covered geographic area. (c) Public housing agencies (1) In general Each public housing agency with a geographic service area that includes a covered geographic area shall be eligible to receive funding from the Office to carry out an affordable housing assistance preference policy in accordance with subsection (h). (2) Additional expenses A public housing agency may use not more than 10 percent of the funding received from the Office in a fiscal year for administration and education purposes. (d) Director The Office shall be headed by a Director, who shall be appointed by the Secretary. (e) Office of the Ombudsperson (1) Establishment There is established within the Office an Office of the Ombudsperson, which shall be— (A) responsible for— (i) ensuring that the National Advisory Council and the Community Advisory Council established under subsections (f) and (g), respectively, are carrying out the intended mission of the Office; and (ii) advocating for individuals who are seeking housing assistance through the housing assistance preference policy established under subsection (h); and (B) an impartial, confidential resource that is fully independent of the Department of Housing and Urban Development and the Office. (2) Ombudsperson (A) In general The Office of the Ombudsperson shall be headed by an Ombudsperson, who shall— (i) be a career employee in the Senior Executive Service, as defined in section 3132(a) of title 5, United States Code; and (ii) have demonstrated experience in housing law and racial equity work. (B) Duties The Ombudsperson shall— (i) monitor the National Advisory Council and the Community Advisory Council established under subsections (f) and (g), respectively, and the Office for compliance with applicable laws and standards, including by investigating— (I) claims of— (aa) inadequate use of funds; (bb) inequitable implementation of the preference policy established under subsection (h); and (cc) inaccurate covered geographic areas; and (II) complaints against the Office and each of the Councils; (ii) not less frequently than quarterly, invite community stakeholders, tenants’ rights organizations, and others to participate in a meeting to ensure that Ombudsperson is aware of stakeholder concerns and priorities and to provide feedback on stakeholder requests; and (iii) establish regional offices to the Office of the Ombudsperson to sure the inclusion of pertinent local and regional issues, trends, and challenges for consideration by the Ombudsperson. (C) Subpoena power The Ombudsperson may— (i) issue a subpoena to require the production of all information, reports, and other documentary evidence necessary to carry out the duties of the Ombudsperson; and (ii) invoke the aid of any appropriate court of the United States. (D) Reporting mechanisms The Ombudsperson shall establish and maintain— (i) a toll free telephone number to receive complaints and reports of matters for investigation; (ii) an email address to receive complaints, such reports, and requests for review of housing preference determinations; and (iii) a website to receive complaints and reports for matter of investigation. (f) National Advisory Council (1) In general The Director of the Office shall establish within the Office an advisory council, which shall— (A) be composed of 10 members, of whom— (i) one shall be the Director of the Office; (ii) two shall be representatives from national nonprofit civil rights organizations and appointed by the Director; (iii) two shall be representatives from national tenant rights organizations and appointed by the Director; (iv) three shall be individuals eligible for assistance under this section and appointed by the Director; and (v) two shall be appointed by the Secretary at the discretion of the Secretary; (B) submit to Congress an annual report in partnership with a housing and homelessness innovation research center established under section 401; (C) provide technical assistance to annual action plans submitted by a community advisory council established under subsection (g); and (D) submit annual recommendations relating to the policies and regulations of the Office. (g) Community Advisory Council (1) In general Each public housing agency shall establish a community advisory council, which shall— (A) establish an annual action plan, which shall— (i) be submitted to the National Advisory Council established under subsection (f); (ii) govern the release of funds under this section and administer the preference scale established under subsection (h); and (iii) include demographic data and information on how funds released under this section were used during the preceding year; and (B) be composed of 10 members with a 2-year term limit, of whom— (i) one shall be the Executive Director of the public housing agency or an appointee from the public housing agency; (ii) two shall be representatives from a local nonprofit civil rights organizations and appointed by the Director of the council; (iii) two shall be representatives from local tenant rights organizations and appointed by the Director of the council; (iv) three shall be individuals eligible for displacement compensation under this section and appointed by the Director of the council; and (v) two shall be appointed by the Director of the council at the discretion of the Executive Director of the public housing agency. (2) Director (A) Appointment in first year During the 1-year period following the date on which a community advisory council is established under paragraph (1), the member described in paragraph (1)(B)(i) shall serve as Director of the council. (B) After first year After the 1-year period described in subparagraph (B), the Director of a community advisory council shall be appointed on an annual basis by majority vote of the council. (C) Duties The Director of a community advisory council shall submit to the council established under subsection (e) on an annual basis— (i) the action plan required under paragraph (1)(A) and an accompanying report; and (ii) policy proposals for the community advisory council. (3) Incorporation by States Each State shall, to the greatest extent possible, incorporate the action plan established by the applicable community advisory council into all applicable sections of the annual consolidated plan, as defined in section 110(a). (4) Funding Each public housing agency shall allocate $100,000 on an annual basis to the community advisory council established under this subsection. (h) Preference scale (1) In general The community advisory council of a public housing agency established under subsection (f) shall determine individual preference for funds made available under this section to applicants on a scale of 1 to 5, with 1 point awarded for each of the following factors: (A) Whether the applicant lost title or possessed title to a property or was displaced, as described in subparagraphs (A) and (B) of subsection (b)(1). (B) Whether the applicant is a descendant of someone who lost title or possessed title to a property or was displaced, as described in subparagraphs (A) and (B) of subsection (b)(1). (C) Whether the income of the applicant is below 30 percent of the median income in the area in which the applicant resides. (D) Whether the income of the applicant is below 60 percent of the median income in the area in which the applicant resides. (E) Whether the applicant attended a school designated as a title I school for more than 5 years. (i) Fund There is established in the Treasury of the United States a fund to be known as the Restorative Housing Justice Fund, into which shall be deposited— (1) amounts appropriated to the fund; and (2) all amounts set aside for the Restorative Housing Justice Fund under any other provision of law. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary each of fiscal years 2022 through 2031. II Construction and Preservation 201. Housing Trust Fund (a) In general Section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) is amended by adding at the end the following: (j) Inclusion of supplemental appropriations in congressional justification Beginning for fiscal year 2022 and each fiscal year thereafter, the Secretary shall include, in the annual budget justification submitted by the Secretary, a recommended supplemental appropriation level for the Housing Trust Fund, which shall be in an amount that is sufficient to eliminate the shortage of affordable and available rental dwelling units over a 10-year period. (k) Supplemental appropriation for 2021 Out of amounts not otherwise appropriated, there is appropriated to the Housing Trust Fund $45,000,000,000 for fiscal year 2021. . 202. Rural housing trust fund construction of USDA multifamily housing for low-income families The Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 545. Multifamily housing construction for low-income families (a) Establishment The Secretary shall carry out a program under this section for the construction of multifamily rental housing projects financed with a loan under section 515 and with rental assistance provided under section 521 for low-income families in rural areas. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2031. . 203. Strategy and investment in rural housing (a) In general Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ), as amended by section 202 of this Act, is amended by adding at the end the following: 546. Housing preservation and revitalization program (a) Establishment The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed with loans under sections 514, 515, and 516. (b) Notice of maturing loans (1) To owners On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of such notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants (A) In general For each property financed with a loan made or insured under section 514, 515, or 516, not later than the date that is 2 years before the date that such loan will mature, the Secretary shall provide written notice to each household residing in such property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon such maturity, and how to protect their right to reside in Federally assisted housing after such maturity. (B) Hold harmless If the Secretary fails to provide households with the notice required under subparagraph (A), the residents shall be held harmless from rent increases until the required notice period elapses. (C) Language Notice under this paragraph shall be provided in plain English and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages, consistent with guidance issued by the Secretary in accordance with Executive Order 13166 ( 42 U.S.C. 2000d–1 note; relating to access to services for persons with limited English proficiency). (c) Loan restructuring Under the program under this section, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that such projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance When the Secretary offers to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure its maintenance as decent, safe, and sanitary housing for the full term of the rental assistance contract. (e) Restrictive use agreements (1) Requirement As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. (2) Term (A) No extension of rental assistance contract Except when the Secretary enters into a 20-year extension of the rental assistance contract for the project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. (B) Extension of rental assistance contract If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be extended for 20 years. (C) Termination The Secretary may terminate the 20-year use restrictive use agreement for a project prior to the end of its term if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner’s control. (f) Decoupling of rental assistance (1) Renewal of rental assistance contract If the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of not less than 10 years but not more than 20 years. (2) Rents Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) (i) the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 note). (3) Initial decoupled rent At the time of an agreement to extend the term of rental assistance contract under section 521, the initial rent shall established as conventional rents for comparable units by appraisal or market study. (4) Rural housing vouchers for maturing mortgages Residents of projects originally financed with a loan made or insured under section 514 or 515 that has matured shall be eligible for voucher assistance under section 542 if a rental assistance contract under section 521 is not extended beyond the term of the underlying loan made or insured under section 514 or 515. (g) Authority If the Secretary determines that additional voucher funds under section 542 are needed, funds for the revitalization program under this section may be used for those vouchers for any low-income household (including those not receiving rental assistance) residing in a property financed with a loan under this section that has been prepaid after September 30, 2005. (h) Multifamily housing transfer technical assistance (1) In general Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations, public housing agencies, and tribal housing authorities to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (2) Prohibition The Secretary shall not categorically exclude previously initiated acquisitions from the provision of technical assistance funding under this subsection. (i) Transfer of rental assistance After the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c), a tenant residing in such project shall have 18 months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant’s unit to another rental project originally financed under section 515 or both sections 514 and 516, and the owner of the initial project may rent the tenant’s previous unit to a new tenant without income restrictions. (j) Administrative expenses Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (k) Rural Housing Service staffing The Secretary— (1) shall not carry out any policy reducing the number of full-time equivalent employees of the Rural Housing Service without explicit authorization in an Act of Congress; (2) shall produce, not later than 90 days after the date of enactment of this section, a comprehensive, actionable, and measurable staffing plan to increase staffing levels at rural development field offices to levels sufficient to approve ownership transfers of multifamily housing projects under section 515 of this Act within 90 days of receipt of the transfer; (3) shall hire and on-board not less than 100 full-time equivalent employees of the Rural Housing Service in each of fiscal years 2022, 2023, and 2024; and (4) shall delegate primary and final hiring authority to each Rural Development State Director for all vacant Rural Housing Service staff positions until the Secretary certifies that the staff vacancy rate for the Rural Housing Service in the respective State is under 3 percent. (l) Authorization of appropriations (1) In general There is authorized to be appropriated for the program under this section $220,000,000 for each of fiscal years 2022 through 2031. (2) Set aside Of amounts authorized to be appropriated for each fiscal year under paragraph (1)— (A) $10,000,000 shall be set aside and allocated for activities carried out under subsection (h); and (B) $10,000,000 shall be set aside and allocated for activities carried out under subsection (k). . (b) Multifamily preservation and revitalization program Section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ) is amended by adding at the end the following: (bb) Multifamily preservation and revitalization program (1) In general The Secretary shall establish a multifamily preservation and revitalization program to preserve and revitalize multifamily housing projects financed under section 514, 515, or 516. (2) Options In carrying out paragraph (1), the Secretary may— (A) with respect to the loans provided under sections 514, 515, and 516— (i) reduce or eliminate interest; (ii) defer loan payments; and (iii) subordinate, reduce, or reamortize loan debt; and (B) provide other financial assistance, including— (i) advances; and (ii) payments and incentives (including the ability of owners to obtain reasonable returns on investment). (3) Requirements In exchange for assistance provided pursuant to this subsection, the Secretary shall enter into a restrictive use agreement with the property owner to ensure that the property remains subject to low-income use restrictions for an additional period of time consistent with the terms of the restructuring. (4) Use of voucher funds for revitalization program If the Secretary determines that additional funds for the revitalization program under this subsection are needed, funds for the rural housing voucher program under section 542 may be used for the revitalization program under this subsection. . 204. Manufactured housing preservation strategy and investment (a) Definition of eligible entity In this section, the term eligible entity means— (1) a nonprofit organization, including a community land trust; (2) a public housing agency or other State or local government agency, including a State housing finance agency; (3) an Indian Tribe; (4) a cooperative resident organization formed in compliance with State law in which homeowners are members and have open and equal access to membership; and (5) any entity that the Secretary determines to have sufficient capacity and demonstrated history of maintaining long term housing affordability in manufactured housing communities. (b) Establishment The Secretary shall establish a grant program to make grants to eligible entities for acquiring and preserving manufactured housing communities. (c) Grants Amounts from a grant under this section may be used only for— (1) the acquisition and preservation of manufactured housing communities; (2) such acquisition and preservation, together with costs for making improvements to infrastructure, including roads, water, and sanitary systems, common areas, and community property for acquired manufactured housing communities; or (3) the demolition, removal, and replacement of dilapidated homes from a manufactured housing community. (d) Term of affordability and purpose The Secretary shall ensure any grantee under this section maintains a manufactured housing community for a period of not less than 60 years following receipt of the grant. (e) Grant amount The amount of any grant under this section may not exceed an amount that is equal to $30,000 multiplied by the number of manufactured home lots in the manufactured housing community for which the grant is made. (f) Technical assistance and capacity building grants The Secretary shall establish a manufactured housing technical assistance hub to make grants to eligible entities seeking to promote best practices, project planning assistance and manufactured housing community preservation. (g) Authorization of appropriations There is authorized to be appropriated for the program under this section $500,000,000 for each of fiscal years 2022 through 2031. 205. Community energy savings program (a) In general The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) is amended by inserting after section 362 ( 42 U.S.C. 6322 ) the following: 362A. Community energy savings program (a) Purpose The purpose of this section is to help households and small businesses achieve cost savings by providing loans to implement cost-effective energy efficiency measures. (b) Definitions In this section: (1) Community development financial institution The term community development financial institution means a financial institution certified by the Community Development Financial Institutions Fund administered by the Secretary of the Treasury. (2) Eligible entity The term eligible entity means— (A) a public power group; (B) a community development financial institution; and (C) an eligible unit of local government. (3) Eligible unit of local government The term eligible unit of local government means any agency or political subdivision of a State. (4) Energy efficiency measures The term energy efficiency measures means, with respect to a property served by or in the service area or jurisdiction, as applicable, of an eligible entity, structural improvements and investments in cost-effective commercial technologies to increase energy efficiency (including cost-effective on- or off-grid renewable energy, energy storage, or demand response systems). (5) Household with a high energy burden (A) In general The term household with a high energy burden means a low-income household the residential energy burden of which exceeds the median energy burden for all low-income households in the State in which the low-income household is located. (B) Calculation The residential energy burden referred to in subparagraph (A) is the quotient obtained by dividing residential energy expenditures by the annual income of the low-income household. (6) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Manufactured home The term manufactured home — (A) has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402 ); and (B) includes a home described in subparagraph (A) without regard to whether the home was built before, on, or after the date on which the construction and safety standards established under section 604 of that Act ( 42 U.S.C. 5403 ) became effective. (8) Program The term program means the program established under subsection (c). (9) Public power group The term public power group means— (A) a public utility; (B) an electric or energy cooperative; (C) a public power district; and (D) a group of one or more public utilities or electric or energy cooperatives (commonly referred to as a joint action agency , generation and transmission cooperative , municipal power association , or State cooperative association ). (10) Qualified consumer The term qualified consumer means a consumer served by or in the service area or jurisdiction, as applicable, of an eligible entity that has the ability to repay a loan made under subsection (f), as determined by the eligible entity. (11) Secretary The term Secretary means the Secretary of Energy. (12) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (c) Establishment Not later than 120 days after the date of enactment of this section, the Secretary shall establish a program under which the Secretary shall provide grants to States and Indian Tribes to provide loans to eligible entities in accordance with this section. (d) Grant fund allocation (1) In general Of the amount appropriated under subsection (k) for each fiscal year, the Secretary shall allocate as grant funds— (A) 98 percent to be provided to States in accordance with paragraph (2); and (B) 2 percent to be provided to Indian Tribes in accordance with paragraph (3). (2) Allocation to States Of the amount allocated for all States under paragraph (1)(A), the Secretary shall— (A) allocate not less than 1 percent to each State described in subparagraphs (A) through (C) of subsection (b)(12); (B) allocate not less than 0.5 percent to each State described in subparagraph (D) of that subsection; and (C) of the amount remaining after the allocations under subparagraphs (A) and (B), allocate funds to States based on the population of each State as determined in the latest available decennial census conducted under section 141(a) of title 13, United States Code. (3) Allocation to Indian Tribes Of the amount allocated for Indian Tribes under paragraph (1)(B), the Secretary shall allocate funds to each Indian Tribe participating in the program during that fiscal year based on a formula established by the Secretary that takes into account any factor that the Secretary determines to be appropriate. (4) Publication of allocation formulas Not later than 90 days before the beginning of each fiscal year for which grants are provided to States and Indian Tribes under this section, the Secretary shall publish in the Federal Register the formulas for allocation established under this subsection. (5) Administrative costs Of the amount allocated to a State or Indian Tribe under this subsection, not more than 15 percent shall be used by the State or Indian Tribe for the administrative costs of administering loans. (e) Loans by States and Indian Tribes to eligible entities (1) In general Under the program, a State or Indian Tribe shall make loans to eligible entities to make loans to qualified consumers— (A) to implement cost-effective energy efficiency measures; and (B) in accordance with subsection (f). (2) State energy offices A State shall carry out paragraph (1) through the State energy office that is responsible for developing a State energy conservation plan under section 362. (3) Priority In making loans under paragraph (1), a State or Indian Tribe shall give priority to public power groups. (4) Requirements (A) In general Subject to subparagraph (C), as a condition of receiving a loan under this subsection, an eligible entity shall— (i) establish a list of energy efficiency measures that are expected to decrease the energy use or costs of qualified consumers; (ii) prepare an implementation plan for use of the loan funds, including the use of any interest to be received under subsection (f)(4); (iii) establish an appropriate measurement and verification system to ensure— (I) the effectiveness of the energy efficiency loans made by the eligible entity; and (II) that there is no conflict of interest in any loan provided by the eligible entity; (iv) demonstrate expertise in the effective implementation of energy efficiency measures; (v) ensure that a portion of the loan funds, which may be determined by the State or Indian Tribe, are used to provide loans to qualified consumers that are households with a high energy burden; and (vi) give priority to providing loans to qualified consumers that own homes or other real property that pose health risks to the occupants of the property that may be mitigated by energy efficiency measures, as determined by the State or Indian Tribe. (B) Revision of list of energy efficiency measures Subject to the approval of the State or Indian Tribe, as applicable, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies. (C) Existing energy efficiency programs An eligible entity that has established an energy efficiency program for qualified consumers before the date of enactment of this section may use an existing list of energy efficiency measures, implementation plan, and measurement and verification system for that program to satisfy the applicable requirements under subparagraph (A), if the State or Indian Tribe, as applicable, determines that the list, plan, or system, as applicable, is consistent with the purposes of this section. (5) No interest A loan under this subsection shall bear no interest. (6) Term The term of a loan provided to an eligible entity under paragraph (1) shall not exceed 20 years after the date on which the loan is issued. (7) Advance (A) In general In providing a loan to an eligible entity under paragraph (1), a State or Indian Tribe may provide an advance of loan funds on request of the eligible entity. (B) Amount limitation Any advance provided to an eligible entity under subparagraph (A) in any single year shall not exceed 50 percent of the approved loan amount. (C) Repayment The repayment of an advance under subparagraph (A) shall be amortized for a period of not more than 10 years. (8) Special advance for start-up activities (A) In general In providing a loan to an eligible entity under paragraph (1), a State or Indian Tribe may provide a special advance on request of the eligible entity for assistance in defraying the start-up costs of the eligible entity, as determined by the State or Indian Tribe, as applicable, of providing loans to qualified consumers under subsection (f). (B) Limitation A special advance shall be provided to an eligible entity under subparagraph (A) only during the 10-year period beginning on the date on which the loan is issued to that eligible entity. (C) Amount The amount of a special advance provided under subparagraph (A) shall not be greater than 5 percent of the approved loan amount. (D) Repayment Repayment of a special advance provided under subparagraph (A)— (i) shall be required during the 10-year period beginning on the date on which the special advance is made; and (ii) may be deferred to the end of the 10-year period described in clause (i) at the election of the eligible entity. (9) Revolving loan fund (A) In general As a condition of participating in the program, a State or Indian Tribe shall use the funds repaid to the State or Indian Tribe under loans offered under this subsection to issue new loans under this subsection. (B) Administrative costs Not more than 10 percent of the repaid funds described in subparagraph (A) may be used for the administrative cost of issuing new loans from those repaid funds under this subsection. (f) Loans by eligible entities to qualified consumers (1) Use of loan (A) In general A loan made by an eligible entity to a qualified consumer using loan funds provided by a State or Indian Tribe under subsection (e)— (i) shall be used to finance energy efficiency measures for the purpose of decreasing the energy use or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that the applicable loan term described in subparagraph (B) shall not be an undue financial burden on the qualified consumer, as determined by the eligible entity; (ii) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property as a fixture; (iii) may be used to upgrade a manufactured home, regardless of the classification of the home as real or personal property; and (iv) may be used to finance the replacement of a manufactured home— (I) if the cost of upgrading the manufactured home is excessive, as determined by the eligible entity; and (II) with priority given to a manufactured home that was constructed before June 15, 1976. (B) Loan term described The loan term referred to in subparagraph (A)(i) is— (i) in the case of a manufactured home replacement, not more than 20 years; and (ii) in the case of any other energy efficiency measure, not more than 15 years. (2) Repayment (A) In general Subject to subparagraph (B), a loan described in paragraph (1)(A) shall be repaid by the qualified consumer through charges added to an existing or new electric or recurring service bill for the property of the qualified consumer for, or at which, energy efficiency measures are being implemented. (B) Alternative repayment Repayment under subparagraph (A) shall not preclude— (i) the voluntary prepayment of the loan by the qualified consumer; or (ii) the use of any additional repayment mechanism, including a tariffed on-bill mechanism, that— (I) has appropriate risk mitigation features, as determined by the eligible entity; or (II) is required due to the qualified consumer no longer being a customer of the eligible entity. (3) Energy assessment (A) In general Prior to the installation of energy efficiency measures at the property of a qualified consumer that receives a loan from an eligible entity under this section, and to assist in the selection of the energy efficiency measures to be installed, the eligible entity shall conduct an energy assessment or audit to determine the impact of proposed energy efficiency measures on— (i) the energy costs and consumption of the qualified consumer; and (ii) the health and safety of the occupants of the property on which the energy efficiency measures are to be installed. (B) Field or online assessment An energy assessment or audit under subparagraph (A) may be conducted in the field or online, as determined by the State or Indian Tribe that has issued a loan to the eligible entity under subsection (e). (4) Interest A loan described in paragraph (1)(A) may bear interest, not to exceed 5 percent, which may be used— (A) to establish a loan loss reserve for the eligible entity; (B) to offset the personnel and program costs of the eligible entity in providing the loan; and (C) for any other related purpose, as determined by the eligible entity, in consultation with the State or Indian Tribe that has issued a loan to the eligible entity under subsection (e). (5) Outside contracts An eligible entity may enter into one or more contracts with one or more qualified entities, as determined by the State or Indian Tribe that has issued a loan to the eligible entity under subsection (e)— (A) to assist the eligible entity in administering the loans described in paragraph (1)(A); and (B) to carry out any of the requirements of the eligible entity described in subsection (e)(4)(A). (g) Direct loans from States and Indian Tribes A State or Indian Tribe may act as an eligible entity under subsection (f) to provide loans directly to qualified consumers— (1) in accordance with that subsection; and (2) if the State or Indian Tribe satisfies the requirements under subsection (e)(4), as determined by the Secretary. (h) Program administration (1) Plan Not later than 120 days after the date of enactment of this section, the Secretary shall establish and begin carrying out a plan to— (A) measure and verify the success of the program in implementing energy efficiency measures; (B) provide training to the employees of eligible entities relating to carrying out the requirements of eligible entities under this section; and (C) provide technical assistance to States, Indian Tribes, and eligible entities relating to carrying out the requirements of this section. (2) Public awareness Not later than 120 days after the date of enactment of this section, the Secretary shall establish and begin carrying out a plan to make eligible entities and the general public aware of the program, including by developing a marketing program to raise awareness of the program. (3) Outside contracts (A) In general The Secretary may enter into one or more contracts with one or more qualified entities, as determined by the Secretary, to carry out paragraphs (1) and (2). (B) Use of subcontractors authorized A qualified entity that enters into a contract with the Secretary under subparagraph (A) may use one or more subcontractors to assist the qualified entity in carrying out the contract. (4) Accounting The Secretary, and each State and Indian Tribe participating in the program, shall take appropriate steps to streamline the accounting requirements for eligible entities under the program while maintaining adequate assurances of the repayment of the loans made to those eligible entities under the program. (i) Effect on authority Nothing in this section shall impede, impair, or modify the authority of the Secretary to offer loans or grants under any other law. (j) Report (1) In general Not later than 15 months after the date on which the program is established, and 90 days after the end of each fiscal year for each fiscal year thereafter, the Secretary shall submit to the appropriate committees of Congress and make publicly available a report that describes, with respect to the program— (A) the number of applications received by each State and Indian Tribe from eligible entities for that fiscal year; (B) the number of loans made by each State and Indian Tribe for that fiscal year— (i) to eligible entities; and (ii) directly to qualified consumers; (C) the eligible entities that are the recipients of the loans described in subparagraph (B)(i); and (D) the manner in which the program was advertised to eligible entities and the general public. (2) Consultation The Secretary shall consult with and obtain information from States and Indian Tribes in preparing the report submitted under paragraph (1). (k) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2022 through 2027. (2) Supplement not supplant The funding provided to a State or Indian Tribe under subsection (d) for each fiscal year shall be used to supplement, not supplant, any Federal, State, or other funds otherwise made available to that State or Indian Tribe under— (A) a State energy conservation plan established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ); or (B) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ). . (b) State energy conservation plans Section 362(d)(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d)(5) ) is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by inserting or after the semicolon; and (3) by adding at the end the following: (C) which may include the community energy savings program under section 362A; . (c) Technical amendment The table of contents for the Energy Policy and Conservation Act ( Public Law 94–163 ; 89 Stat. 872) is amended by inserting after the item relating to section 362 the following: Sec. 362A. Community energy savings program. . 206. Public housing (a) Repeal of faircloth amendment Section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g) ) is amended by striking paragraph (3). (b) Authorization of appropriations for public housing capital fund Section 9(c)(2)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(c)(2)(A) ) is amended to read as follows: (A) Capital fund For allocations of assistance from the Capital Fund, $70,000,000,000 for fiscal year 2022, to remain available until expended. . III Housing Assistance for Homeless and Low-Income Families 301. Increasing direct rental assistance (a) In general Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: (21) Emergency rental assistance voucher program (A) Definition of Indian Tribe In this paragraph, the term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (B) Vouchers The Secretary shall set aside, from amounts made available for rental assistance under this subsection, the amount specified in subparagraph (F) to provide vouchers to tenants that are eligible for tenant-based assistance under this subsection. (C) Set aside Of the amount appropriated under subparagraph (F) for each fiscal year, the Secretary shall allocate as grant funds— (i) 98 percent to be provided to States; and (ii) 2 percent to be provided to Indian Tribes in accordance with subparagraph (D). (D) Allocation to Indian Tribes Of the amount allocated for Indian Tribes under subparagraph (C)(ii), the Secretary shall allocate funds to each Indian Tribe under this paragraph during that fiscal year based on a formula established by the Secretary that takes into account any factor that the Secretary determines to be appropriate. (E) Publication of allocation formulas Not later than 90 days before the beginning of each fiscal year for which grants are provided to States and tribal housing authorities under this paragraph, the Secretary shall publish in the Federal Register the formulas for allocation established under this paragraph. (F) Amounts The amount specified in this subparagraph is— (i) for fiscal year 2022, the amount necessary to provide 100,000 vouchers for rental assistance under this subsection; (ii) for fiscal year 2023, the amount necessary to provide 200,000 vouchers for rental assistance under this subsection; (iii) for fiscal year 2024, the amount necessary to provide 300,000 vouchers for rental assistance under this subsection; (iv) for fiscal year 2025, the amount necessary to provide 400,000 vouchers for rental assistance under this subsection; (v) for fiscal year 2026, the amount necessary to provide 500,000 vouchers for rental assistance under this subsection; (vi) for fiscal year 2027, the amount necessary to provide 600,000 vouchers for rental assistance under this subsection; (vii) for fiscal year 2028, the amount necessary to provide 700,000 vouchers for rental assistance under this subsection; (viii) for fiscal year 2029, the amount necessary to provide 800,000 vouchers for rental assistance under this subsection; (ix) for fiscal year 2030, the amount necessary to provide 900,000 vouchers for rental assistance under this subsection; and (x) for fiscal year 2031, the amount necessary to provide 1,000,000 vouchers for rental assistance under this subsection. (G) Amount of voucher A voucher provided to a tenant under this paragraph shall be in an amount that is not more than 110 percent of the small area fair market rental established under section 8(c) for the area in which the tenant resides. (H) Administrative fee Each public housing agency or tribal housing authority that administers a voucher provided under this paragraph shall be provided with amounts necessary to cover all related administrative fees. (I) Administration of vouchers (i) Priority The Secretary shall give priority to public housing agencies over State housing finance agencies with respect to the administration of vouchers provided under this paragraph. (ii) State housing finance agencies A State housing finance agency may apply for and administer a voucher provided under this paragraph on the same terms as a public housing agency if the Secretary determines that public housing agencies in that State lack the capacity to administer the voucher. (J) No arbitrary time limit The Secretary shall not limit the amount of time a voucher holder is eligible to receive rental assistance under this paragraph, except by an individualized determination that ending rental assistance serves the best interest of the voucher holder. . (b) Set aside An amount equal to 20 percent of the funds appropriated to carry out paragraph (21) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as added by subsection (a), in a fiscal year shall be set aside and transferred to the Restorative Housing Justice Fund established under section 113(h). (c) Prohibition on denial of assistance based on non-Violent criminal convictions Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by subsection (a) of this section, is amended by adding at the end the following: (22) Prohibition Each public housing agency or tribal housing authority that administers a voucher provided under this subsection shall not establish eligibility criteria for the voucher that excludes individuals with non-violent criminal convictions, except for— (A) registered sex offenders; and (B) a person described in section 16(f). . 302. Supportive tiny housing village innovation pilot program (a) Definition of eligible entity In this section, the term eligible entity means— (1) a public housing agency; (2) a religious organization; (3) an Indian Tribe that has jurisdiction over Indian country; and (4) a nonprofit housing entity. (b) Establishment The Secretary shall establish a pilot program to provide grants to eligible entities to promote innovation and increased capacity of tiny housing village programs. (c) Priority In awarding grants under this section, the Secretary shall prioritize funding for public housing agencies, religious organizations, Indian Tribes that have jurisdiction over Indian country, and nonprofit housing entities to construct and operate gate-controlled tiny home villages or community spaces that— (1) have a per unit cost of not more than $25,000, including all necessary construction materials, labor, shared infrastructure, dining, laundry, and sanitation facilities; (2) require residents to receive not less than 1 hour of weekly case management; and (3) permit residents to bring and share their housing unit with a partner, an assistance animal, or a pet. (d) Case managers In hiring case managers to provide assistance to residents in the tiny home village or community space under this section, a public housing agency shall give priority to applications submitted by former residents. (e) Matching funding A recipient of a grant under this section shall provide matching non-Federal funds in an amount equal to 50 percent of the grant amount. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2031. 303. Permanent supportive housing (a) In general Out of funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $1,000,000,000 for each of fiscal years 2022 through 2031 to provide grants under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. ) to support permanent supportive housing, including capital costs, rental subsidies, and services. (b) Technical assistance Of amounts appropriated under subsection (a), there shall be allocated to the Secretary $25,000,000 in each fiscal year for under-capacity jurisdictions to develop comprehensive whole-of-local government plans to build capacity for permanent supportive housing in a rural area, as defined in section 1282.1 of title 12, Code of Federal Regulations, or any successor regulation. (c) Equity evaluation Of amounts appropriated under subsection (a), there shall be allocated to the Secretary $25,000,000 in each fiscal year for housing innovation research centers to evaluate access barriers impacting people of color within existing permanent supportive housing implementation criteria. 304. Navigation center pilot program (a) Establishment The Secretary shall establish a grant program to provide funding to State and local governments to create low-barrier navigation centers for individuals and families experiencing homelessness. (b) Use of funds A low-barrier navigation center created by a grant recipient shall— (1) provide intensive management services, including connections to health care, employment, legal aid, and permanent housing, to individuals and families experiencing homelessness; and (2) allow an individual or family experiencing homelessness to stay at the center for not more than 90 continuous days per 180-day period. (c) Matching funding A recipient of a grant under this section shall provide matching non-Federal funds in an amount equal to 100 percent of the grant amount. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $50,000,000 for each of fiscal years 2022 through 2026; and (2) $100,000,000 for each of fiscal years 2027 through 2031. IV Housing and Homelessness Innovation 401. Housing and homelessness innovation research centers (a) Establishment The Secretary shall establish not less than 1 housing and homelessness innovation research center in each region of the Department of Housing and Urban Development. (b) Reports Each center established under subsection (a) shall, on an annual basis, submit a report to the Secretary and Congress that includes— (1) recommendations for changes to Federal policy surrounding housing and homelessness; and (2) a study of best practices to preserve low- and middle-cost housing and expand low-cost housing options in the region served by the center, including single room occupancy units, manufactured housing, shelters, housing units under 400 square feet, stacked flats, and accessory dwelling units. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2031. V Emergency housing program 501. Definitions In this title: (1) Eligible individual The term eligible individual means an individual renter or homeowner who— (A) is, or is expected to be, unable to make payments, correct a rental, mortgage, tax, or insurance delinquency within a reasonable time, or resume full rent of mortgage payments due to a reduction in the income of the individual due to— (i) involuntary loss of, or reduction in, the employment income of the individual or the self-employment income of the individual; (ii) any similar loss or reduction in income experienced by any person who contributes to the income of the individual; (iii) a significant reduction in the income of the household due to divorce or death; or (iv) a significant increase in basic expenses of the individual or an immediate family member of the individual (including the spouse, child, parent, or immediate family member for whom the individual provides substantial care of financial assistance) due to— (I) an unexpected or significant increase in medical expenses; (II) an initiating event; (III) a personal or national economic crisis; or (IV) an unexpected increase in rent by the individual; and (B) is not otherwise receiving housing counseling provided by an organization approved by the Department of Housing and Urban Development. (2) Initiating event The term initiating event means— (A) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (B) an increase in State-wide unemployment of not less than 8 percent for 2 consecutive months; (C) an increase in State-wide unemployment of not less than 10 percent for 2 consecutive months; or (D) an emergency declaration issued by the Secretary of Housing and Urban Development with respect to a housing disaster emergency. 502. Emergency assistance (a) In general After the occurrence of an initiating event, the Secretary of Housing and Urban Development or the Secretary of the Treasury, as appropriate, shall use amounts appropriated under section 503 to provide assistance to eligible individuals described in this section, provided that— (1) the Governor of a State submits to the Secretary of Housing and Urban Development or the Secretary of the Treasury, as appropriate, a request for assistance to be provided under this section; and (2) half of the amount allocated for a State shall be provided if the State is only experiencing an initiating event described in section 501(2)(B), with the full amount provided if the State experiences an initiating event described in section 501(2)(C). (b) Emergency assistance and housing counseling (1) In general The Secretary of the Treasury shall, through a program established by the Department of the Treasury that is similar to the Emergency Rental Assistance Program established under section 501 of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–133 ), provide— (A) direct monthly rental or mortgage payment assistance to eligible individuals for the duration of the initiating event; and (B) grants to nonprofit housing counseling organizations to provide counseling to eligible individuals with respect to— (i) personal financial budgeting and personal debt management; (ii) available community resources, including public assistance programs, rental assistance programs, credit assistance programs, food programs, and social services; and (iii) employment training and placement. (2) Availability of housing counseling The Secretary of the Treasury shall ensure that grants described in paragraph (1)(B) are made available throughout the areas affected by the initiating event, with priority given to areas that— (A) are experiencing high rates of evictions, foreclosures, or any other indicators of renter or homeowner distress determined by the Secretary of the Treasury to be appropriate; or (B) are not already adequately served by housing counseling organizations. (3) Authorization of appropriations There is authorized to be appropriated $25,000,000, to remain available until expended, to carry out this subsection. (c) National Housing Trust Fund Out of amounts appropriated under section 503, the Secretary of Housing and Urban Development may transfer not more than $10,000,000,000 to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) to provide assistance described in such section 1338. (d) CDFI Fund Out of amounts appropriated under section 503, the Secretary of the Treasury may transfer not more than $10,000,000,000 to the Community Development Financial Institutions Fund established under section 104 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703 ) to provide assistance described in section 108 of such Act ( 12 U.S.C. 4707 ). (e) Rural Housing Service Out of amounts appropriated under section 503, the Secretary of Housing and Urban Development may transfer not more than $10,000,000,000 to provide rental assistance redeterminations and supplemental rental assistance payments to residents of housing assisted under section 514 or 515 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485) who do not receive rental assistance. (f) Emergency vouchers Out of amounts appropriated under section 503, the Secretary of Housing and Urban Development may provide vouchers authorized under section 301 in an amount that is not more than $10,000,000,000. (g) Emergency solutions grants Out of amounts appropriated under section 503, the Secretary of Housing and Urban Development may transfer not more than $10,000,000,000 to provide assistance under the Emergency Solutions Grants program under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11371 et seq. ) for uses authorized under that program and for non-congregate shelters, including shelters designed with a multi-year life expectancy. (h) CDBG-Disaster Recovery (1) In general Out of amounts appropriated under section 503, the Secretary of Housing and Urban Development may transfer not more than $50,000,000,000 to the community development block grant disaster recovery program established under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) to provide assistance relating to the initiating event. (2) Priority In providing assistance under paragraph (1), the Secretary of Housing and Urban Development shall— (A) establish primary priority for preserving, rehabilitating, or rebuilding housing units (including non-titled manufactured housing), providing short-term bridge lending for property acquisitions, and funding public utility and infrastructure projects serving residents below 30 percent of the area median income; and (B) establish secondary priority for preserving, rehabilitating, or rebuilding housing units (including non-titled manufactured housing), providing short-term bridge lending for property acquisitions, and funding public utility and infrastructure projects serving residents below 60 percent of the area median income. (i) Disbursement of amounts 503. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary of Housing and Urban Development and the Secretary of the Treasury such sums as may be necessary to carry out this title, to remain available until expended. (b) Administrative costs Not more than 10 percent of amounts appropriated under subsection (a) may be used for administrative costs related to carrying out this title. | https://www.govinfo.gov/content/pkg/BILLS-117s2234is/xml/BILLS-117s2234is.xml |
117-s-2235 | II 117th CONGRESS 1st Session S. 2235 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Bennet (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 Controlled Substances Act to require physicians and other prescribers of controlled substances to complete training on treating and managing patients with opioid and other substance use disorders, and for other purposes.
1. Short title This Act may be cited as the Medication Access and Training Expansion Act of 2021 or the MATE Act of 2021 . 2. Requiring prescribers of controlled substances to complete training on treating and managing patients with opioid and other substance use disorders Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following: (l) Required training for prescribers on treating and managing patients with opioid and other substance use disorders (1) Applicability This subsection applies— (A) with respect to any practitioner who is licensed under State law to prescribe controlled substances and is not a veterinarian; and (B) beginning with the first registration or renewal of registration by the practitioner under this section occurring not less than 180 days after the date of enactment of the Medication Access and Training Expansion Act of 2021 . (2) Training required As a condition on registration under this section to dispense controlled substances in schedule II, III, IV, or V, the Attorney General shall require any practitioner described in paragraph (1)(A) to meet the following: (A) If the practitioner is a physician, the practitioner shall meet 1 or more of the following conditions: (i) The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties. (ii) The physician holds a board certification from the American Board of Addiction Medicine. (iii) The physician holds a board certification in addiction medicine from the American Osteopathic Association. (iv) With respect to the treatment and management of patients with opioid and other substance use disorders, including the appropriate clinical use of any drug approved or authorized by the Food and Drug Administration for the treatment of a substance use disorder, the physician has completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by— (I) the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, the American Academy of Hospice and Palliative Medicine, the American Academy of Pain Medicine, or any other organization accredited by the Accreditation Council for Continuing Medical Education (referred to in this subsection as the ACCME ); (II) any organization accredited by a State medical society accreditor recognized by the ACCME; or (III) any organization accredited by the American Osteopathic Association to provide continuing medical education. (v) The physician graduated in good standing from an accredited school of allopathic medicine or osteopathic medicine in the United States during the 5-year period immediately preceding the date on which the physician first registers or renews under this section and has successfully completed a comprehensive allopathic or osteopathic medicine curriculum or accredited medical residency that included not less than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved or authorized by the Food and Drug Administration for the treatment of a substance use disorder. (B) If the practitioner is not a physician, the practitioner shall meet 1 or more of the following conditions: (i) The practitioner has completed not less than 8 hours of training with respect to the treatment and medication management of patients with opioid and other substance use disorders (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Assistants, the American Academy of Hospice and Palliative Medicine, the American Academy of Pain Medicine, the American Dental Association, or any other organization that the Secretary determines is appropriate for purposes of this clause. (ii) The practitioner graduated in good standing from an accredited physician assistant school, an accredited school of advanced practice nursing, or an accredited dental school in the United States during the 5-year period immediately preceding the date on which the practitioner first registers or renews under this section and has successfully completed a comprehensive physician assistant, advanced practice nursing, or dental curriculum that included not less than 8 hours of training on treating and managing patients with opioid and other substance use disorders, including the appropriate clinical use of all drugs approved or authorized by the Food and Drug Administration for the treatment of a substance use disorder. (3) One-time training The Attorney General shall not require any practitioner to complete the training described in clause (iv) or (v) of paragraph (2)(A) or clause (i) or (ii) of paragraph (2)(B) more than once. (4) Rule of construction Nothing in this subsection shall be construed to prevent a practitioner from using the same training to satisfy the training requirement under this subsection and for another purpose, such as satisfying State licensing requirements. . 3. Practitioner education grant program Title V of the Public Health Service Act is amended by inserting after section 509 of such Act ( 42 U.S.C. 290bb–2 ) the following: 510. Practitioner education grant program (a) In general The Secretary shall carry out a program to award grants to eligible entities to expand the integration of substance use disorder education, including training on treatment and medication management, into the standard curriculum of relevant health care and health services education programs, thereby expanding the number of practitioners who deliver high-quality, evidence-based substance use disorder treatment. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be— (1) a private nonprofit or public professional association representing health care professionals in the field of medicine, physician assistants, nursing, dentistry, pharmacy, social work, psychology, marriage and family therapy, or health services administration; or (2) a private nonprofit or public entity that is a university, college, or other professional school. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2027. . | https://www.govinfo.gov/content/pkg/BILLS-117s2235is/xml/BILLS-117s2235is.xml |
117-s-2236 | II 117th CONGRESS 1st Session S. 2236 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Brown 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 an option for first responders age 50 to 64 who are separated from service due to retirement or disability to buy into Medicare.
1. Short title This Act may be cited as the Expanding Health Care Options for Early Retirees Act . 2. Medicare buy-in option for first responders 50 to 64 years of age who are separated from service due to retirement or disability (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) is amended by adding at the end the following new section: 1899C. Medicare Buy-In Option for First Responders 50 to 64 Years of Age Who Are Separated From Service Due to Retirement or Disability (a) Option (1) In general Every individual who meets the requirements described in paragraph (3) shall be eligible to enroll under this section. (2) Part A, B, and D benefits An individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA–PD plan). (3) Requirements for eligibility The requirements described in this paragraph are the following: (A) The individual is a resident of the United States. (B) The individual is— (i) a citizen or national of the United States; or (ii) an alien lawfully admitted for permanent residence. (C) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (D) The individual has attained 50 years of age but has not attained 65 years of age. (E) The individual is a qualified first responder (as defined in paragraph (4)(B)). (4) Definitions In this section: (A) First responder The term first responder means— (i) a qualified law enforcement officer (as defined in section 926B(c) of title 18, United States Code); (ii) an employee described in clause (i) of section 72(t)(10)(B) of the Internal Revenue Code of 1986 who provides firefighting services or emergency medical services; or (iii) a Federal firefighter described in section 8331(21) or 8401(14) of title 5, United States Code. (B) Qualified first responder The term qualified first responder means a first responder who is separated from service due to retirement or disability. (b) Enrollment and coverage periods (1) In general The Secretary shall establish enrollment and coverage periods for individuals who enroll under this section. (2) Coordination Such periods shall be established in coordination with the enrollment and coverage periods for plans offered under an Exchange established under title I of the Patient Protection and Affordable Care Act and plans under parts C and D. If the Secretary determines appropriate, the Secretary may expand such enrollment periods beyond the enrollment periods under such an Exchange or under parts C and D. (3) Beginning of coverage and special enrollment periods The Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the first year beginning at least one year after the date of the enactment of this section and shall include special enrollment periods, in accordance with section 155.420 of title 45 of the Code of Federal Regulations, that are applicable to qualified health plans offered through an Exchange. (c) Premium (1) Amount of monthly premiums The Secretary shall (beginning for the first year that begins more than 1 year after the date of enactment of this section) determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1/12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium (A) Combined per capita average for all Medicare benefits The Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. (B) Annual premium The annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for certain part C and D plans Nothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (d) Payment of premiums (1) In general Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit Amounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. (e) Not eligible for Medicare cost-Sharing assistance An individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (f) Treatment in relation to the Affordable Care Act (1) Satisfaction of individual mandate For purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance Coverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986 other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. The Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of such Code. (3) Eligibility for cost-sharing subsidies For purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (4) Medicaid managed care States are prohibited from buying their Medicaid beneficiaries ages 50 to 64 into Medicare under this section, and individuals otherwise eligible for enrollment under a State plan under title XIX are prohibited from coverage under this title pursuant to enrollment under this section. The preceding sentence shall not apply to Medicaid beneficiaries whose Medicaid coverage or eligibility does not meet the definition of minimum essential coverage under a government-sponsored program under section 1.5000A–2 of title 26, Code of Federal Regulations (or any successor regulation). (5) Coordination with market reforms, etc Notwithstanding Treasury Notice 2015–17, no provision of law shall prevent an employer from maintaining an arrangement under which the employer pays or reimburses any portion of the premiums for coverage under this section for retired employees of the employer, or prevent such payment or reimbursement from being excluded from the gross income of the individual enrolled in such coverage for purposes of the Internal Revenue Code of 1986. (g) Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment In the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)— (1) shall be applied by substituting 50 for 65 ; (2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 50 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and (3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age. (h) Oversight There is established an advisory committee to be known as the Medicare Buy In Oversight Board to monitor and oversee the implementation of this section, including the experience of the individuals enrolling under this section. The Medicare Buy In Oversight Board shall have members that include representatives of insurers, actuaries, consumer advocacy organizations, and individuals representing the first responder community, and shall make periodic recommendations for the continual improvement of the implementation of this section as well as the relationship of enrollment under this section to other health care programs. (i) Outreach and enrollment (1) In general During the period that begins on January 1, 2022, and ends on December 31, 2024, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment To carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage, enrollment under this section. (B) Assisting individuals' transition under this section To provide assistance to individuals to enroll under this section. (C) Raising awareness of premium assistance and cost-sharing reductions To distribute fair and impartial information concerning enrollment under this section and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost-sharing reductions. (2) Eligible entities (A) In general In this subsection, the term eligible entity means— (i) a State; (ii) a nonprofit community-based organization; or (iii) a nonprofit first responder organization. (B) Enrollment agents Such term includes a licensed independent insurance agent or broker that has an arrangement with a State, nonprofit community-based organization, or nonprofit first responder organization to enroll eligible individuals under this section. (C) Exclusions Such term does not include an entity that— (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any individuals under this section. (3) Priority In awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding For purposes of carrying out this subsection, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, such sums as are necessary for calendar year 2022 and for each subsequent calendar year. (j) No effect on benefits for individuals otherwise eligible or on Trust funds The Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (k) Consultation In promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, insurance companies, and organizations representing first responders. . | https://www.govinfo.gov/content/pkg/BILLS-117s2236is/xml/BILLS-117s2236is.xml |
117-s-2237 | II 117th CONGRESS 1st Session S. 2237 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Schatz (for himself 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 direct the Secretary of Education to establish and carry out two grant programs to make grants to eligible institutions to plan and implement programs that provide comprehensive support services and resources designed to increase graduation rates and transfer rates to 4-year institutions at community colleges, and for other purposes.
1. Short title This Act may be cited as the Community College Student Success Act of 2021 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Community college student success program Sec. 101. Definitions. Sec. 102. Community College Student Success Grant Program authorized. Sec. 103. Grants to plan community college student success programs. Sec. 104. Grants to implement, improve, or expand community college student success programs. Sec. 105. Evaluations. Sec. 106. Outreach and technical assistance. Sec. 107. Report to Congress. Sec. 108. Relationship to other student financial assistance. Sec. 109. Supplement not supplant. Sec. 110. Authorization of appropriations. TITLE II—Part time community college student success program Sec. 201. Definitions. Sec. 202. Part time community College Student Success Grant Program authorized. Sec. 203. Grants to plan part time community college student success programs. Sec. 204. Grants to implement, improve, or expand part time community college student success programs. Sec. 205. Evaluations. Sec. 206. Outreach and technical assistance. Sec. 207. Report to Congress. Sec. 208. Supplement, not supplant. Sec. 209. Authorization of appropriations. 3. Definitions In this Act: (1) Eligible institution The term eligible institution means— (A) a public 2-year institution of higher education; or (B) a partnership between— (i) a public 2-year institution of higher education; and (ii) a nonprofit organization identified as an evidence-based comprehensive student success program by the Department of Education. (2) Evidence-based comprehensive student success program The term evidence-based comprehensive student success program means a program that uses a comprehensive approach to student success and meets the criteria for receiving an expansion grant from the Education Innovation and Research program, as determined by the Department of Education. (3) Institution of higher education The term institution of higher education has the meaning given the term under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Secretary The term Secretary means the Secretary of Education. (5) Transfer rate The term transfer rate , when used with respect to students enrolled in a program of study at an eligible institution, means that rate at which such students transfer to a 4-year institution of higher education. I Community college student success program 101. Definitions In this title: (1) Community college student success program The term community college student success program means a program carried out by an eligible institution under which the institution carries out the following: (A) Provides eligible students participating in such program with an amount that covers the cost of tuition and fees that are not covered by any Federal, State, or institutional financial assistance received by the student. (B) Requires eligible students participating in such program to— (i) be enrolled in the eligible institution and carry a full-time academic workload during each fall and spring semester (or equivalent terms) during which the student participates in such program; (ii) if the eligible student is referred to remedial courses or on academic probation, meet, on at least a weekly basis or under an alternate schedule, as determined by the institution, with a tutor, except that in the case of an eligible student who is academically struggling, but who is not referred to remedial courses or on academic probation, the student may meet with a tutor at least as often as the program advisor for such student requires or under an alternate schedule, as determined by the institution; (iii) meet with a program advisor— (I) twice each month during the first semester (or equivalent term) of participation in such program; and (II) as directed by the program advisor in subsequent semesters (or equivalent terms) under subparagraph (C)(ii); and (iv) meet with an on-campus career advisor or participate in a career services event or program once each semester (or equivalent term) or under an alternate schedule, as determined by the institution. (C) Provides a program advisor to each eligible student participating in such program who— (i) provides comprehensive academic and personal advising to the eligible student, including— (I) the creation and implementation of an academic plan for the student to graduate from a program of study at the eligible institution within 150 percent of the normal time for graduation from such program; (II) taking steps to enable an eligible student referred to remedial courses to complete college mathematics and English in their first year; and (III) assisting the eligible student with developing and achieving academic goals, including creating strong transfer pathways (including articulation agreements that guarantee admission), that demonstrate programmatic transfer for students interested in transferring to a 4-year institution of higher education; (ii) after the eligible student participating in such program completes a semester (or equivalent term), creates for the eligible student a needs-based advising schedule that indicates, based on the eligible student’s academic performance, the frequency with which such eligible student shall be required to meet with a program advisor for each subsequent semester (or equivalent term) of program participation; (iii) has a caseload of not more than 125 eligible students; (iv) tracks the attendance of the eligible student at the meetings described in clauses (ii), (iii), and (iv) of subparagraph (B); (v) monitors the academic progress of the eligible student; and (vi) provides each eligible student who meets the requirements of subparagraph (B), on at least a monthly basis, with financial incentives support that will enhance student success. (D) Provides tutoring, academic support, and career services at no cost to eligible students participating in such program, and may reserve places in select courses for such eligible students in order to create community within cohorts of eligible students. (E) Provides information to eligible students participating in such program about the eligibility of such students for assistance under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) and the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (2) Eligible student The term eligible student means a student enrolled at an eligible institution who— (A) on the date such eligible student would begin participation in a community college student success program at such eligible institution— (i) is enrolled in a program of study leading to an associate degree that prepares students to transfer to a 4-year institution of higher education or advance in the labor market; (ii) is carrying a full-time academic workload during each Fall and Spring semester (or equivalent terms) during which the student participates in such program; (iii) takes at least 20 degree-applicable, non-remedial credits in a given academic year; and (iv) is— (I) a first-time undergraduate student; or (II) a continuing or transfer student with not more than 24 credits and a minimum grade point average of 2.0 (or its equivalent); (B) if the student is eligible for financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )— (i) has completed the Free Application for Federal Student Aid or other common financial reporting form under section 483(a) of such Act ( 20 U.S.C. 1090(a) ); or (ii) demonstrates eligibility for a Federal Pell Grant through institutional financial aid eligibility forms or State financial aid eligibility forms; and (C) meets any other requirements established by the institution. (3) Full-time academic workload The term full-time academic workload , when used with respect to a semester or equivalent term, means at least 12 credits (or the equivalent). 102. Community College Student Success Grant Program authorized From the amounts appropriated under section 110, the Secretary of Education shall establish and carry out the community college student success grant program to award grants under sections 103 and 104, on a competitive basis, to eligible institutions to plan and implement community college student success programs or to improve or expand evidence-based comprehensive student success programs designed to increase— (1) the rate at which program participants from a program of study at such eligible institution graduate within 150 percent of the normal time for graduation; (2) transfer rates of program participants to 4-year institutions; and (3) the number of credits that a program participant takes that can be applied to a degree in the participant's desired major. 103. Grants to plan community college student success programs (a) Planning grants authorized From the amounts appropriated to carry out this section under section 109 for a fiscal year, the Secretary shall award planning grants for such fiscal year, on a competitive basis, to eligible institutions to develop plans for community college student success programs. (b) Duration A grant awarded under this section shall be for a 1-year period. (c) Peer review process; priority In awarding grants under this section for a fiscal year, the Secretary shall— (1) carry out a peer review process that— (A) requires that each application submitted under subsection (d) be peer reviewed by a panel of readers composed of individuals selected by the Secretary, which shall include— (i) not less than 50 percent of readers— (I) who are not employees of the Federal Government; and (II) who have relevant research or practical experience with respect to student support programs designed to increase graduation rates and transfer rates at public 2-year institutions of higher education; and (ii) to the maximum extent practicable, individuals who are members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans (including American Indians, Alaska Natives, and Native Hawaiians), Asian Americans, Pacific Islanders, and individuals with disabilities in a manner that reflects the national, State, or local population demographics; and (B) ensures that no individual assigned under subparagraph (A) to review an application has any conflict of interest with regard to that application that may make the individual unable to impartially conduct such review; and (2) give priority to eligible institutions that are eligible to receive funding under title III or V of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq. ; 20 U.S.C. 1101 et seq. ). (d) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include— (1) the graduation rate, the number of credits completed (disaggregated by remedial credits and college-level credits for each program of study), the retention rate, and the transfer rate for the most recent academic year for which data are available for eligible students and all students, disaggregated by race, income, and gender, respectively; (2) an analysis of how implementing a community college student success program may improve the graduation rate or transfer rate for eligible students; and (3) a description of the methods the eligible institution has previously used to improve the graduation rate or transfer rate with respect to eligible students and all students, respectively. (e) Use of funds An eligible institution that receives a grant under this section shall use the grant to develop a plan to implement a community college student success program at the eligible institution. (f) Report Not later than 1 year after the date on which an eligible institution receives a grant under this section, such eligible institution shall submit to the Secretary a report that includes— (1) a plan for implementing a community college student success program at the eligible institution, including— (A) the sufficiently ambitious outcome goals for achieving significant improvements in graduation rates, retention rates, and transfer rates for program participants and all students, disaggregated by race, income, and gender, respectively, before the end of the grant period; (B) the number of such eligible students who will participate in such program in relation to the amount of funding provided, including— (i) how such eligible students will be identified, referred, and selected in cases where the interest in the program is larger than the budget for the program; (ii) a plan to ensure that the program is racially and ethnically representative; and (iii) a plan to ensure that economically disadvantaged students receive priority; (C) based on the most recent academic year for which data are available, disaggregated by eligible students and all students— (i) graduation rates; (ii) retention rates; (iii) transfer rates; and (iv) average number of credits earned, including remedial and college-level credits, by associate degree earners; (D) an analysis of the financial needs of eligible students based on the Free Application for Federal Student Aid; (E) a description of how the eligible institution will— (i) recruit and serve eligible students for the community college student success program in a manner that reflects the local or State population; or (ii) develop and implement a plan to recruit and serve eligible students for such program in a manner that reflects the local or State population and demographics; (F) a description of how the eligible institution will— (i) effectively staff a community college student success program in a manner that reflects the student population; or (ii) develop and implement a plan to effectively staff a community college student success program in a manner that reflects the local or State population and demographics; and (G) a timeline for the implementation of such program; (2) a budgetary analysis that includes— (A) a description of how the eligible institution will provide non-Federal funds for such program under section 104(d); and (B) a description of how the eligible institution will continue to fund such program after the end of the grant period for the grant awarded to the institution under section 104; and (3) such other information as the Secretary may require. 104. Grants to implement, improve, or expand community college student success programs (a) Implementation, improvement, and expansion grants authorized (1) In general From the amounts appropriated to carry out this section under section 109 for a fiscal year, the Secretary shall award grants for such fiscal year, on a competitive basis— (A) to eligible institutions awarded a grant under section 103 to implement community college student success programs; or (B) to eligible institutions to improve or expand an evidence-based comprehensive student success program. (2) Consultation In awarding grants under this section for a fiscal year, the Secretary shall consult with the independent evaluator before finalizing which eligible institutions will receive such a grant for such fiscal year. (b) Requirements for selection To be eligible to receive a grant under this section, an eligible institution shall meet the following requirements: (1) The eligible institution— (A) was awarded a grant under section 103 at least 1 year before such eligible institution submits an application under subsection (e); or (B) the eligible institution, at the time of application, implements an evidence-based comprehensive student success program. (2) The eligible institution submits an application under subsection (e). (3) The eligible institution demonstrates, on the date of the application described in subsection (e), the availability of non-Federal funding for the matching funds required under subparagraphs (A), (B), and (C) of subsection (d)(1). (c) Duration A grant awarded under this section shall be for a 5-year period. (d) Non-Federal contribution (1) In general Except as provided in paragraph (2), an eligible institution awarded a grant under this section shall contribute in cash from non-Federal sources, the following: (A) For the second year of the grant period, an amount equal to 10 percent of the cost of carrying out the community college student success program or the cost to improve or expand the evidence-based comprehensive student success program (as applicable) at the institution for such year. (B) For each of the third through fifth years of the grant period, an amount equal to 20 percent of the cost of carrying out the community college student success program or the cost to improve or expand the evidence-based comprehensive student success program (as applicable) for the applicable year. (2) Exception (A) In general Notwithstanding paragraph (1), with respect to an exempt institution awarded a grant under this section, for each year of the grant period beginning with the second year through the fifth year, the Secretary shall not require the institution to make a cash contribution from non-Federal sources in an amount that is greater than the amount equal to 5 percent of the cost at the institution for such year of carrying out— (i) the community college student success program; or (ii) the evidence-based comprehensive student success program. (B) Definitions For purposes of this paragraph: (i) Exempt institution The term exempt institution means an eligible institution that is— (I) a Tribal college or university; or (II) an institution located in the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (ii) Tribal college or university The term Tribal college or university has the meaning given the term in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ). (e) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) in the case of a community college student success program, a copy of the report described in section 103(f); and (2) in the case of an evidence-based comprehensive student success program, a demonstration that the program meets the criteria for receiving an expansion grant from the Education Innovation and Research program, as determined by the Department of Education. (f) Required use of funds An eligible institution that receives a grant under this section shall use the grant funds to— (1) (A) implement a community college student success program; or (B) improve or expand an evidence-based comprehensive student success program; and (2) regularly review— (A) data to monitor the academic progress of eligible students participating in the program; and (B) in the case of a community college student success program, the meeting and program participation requirements described in section 101(1). (g) Permissible use of funds An eligible institution that receives a grant under this section may use the grant to— (1) establish or expand a data tracking system that includes early alerts to complete the regular reviews required under subsection (f)(2); (2) provide eligible students participating in the program for which the grant is awarded with financial assistance to cover wraparound support services to meet the whole cost of attendance, including books, supplies, miscellaneous personal expenses, technology, transportation, or room and board costs and childcare in accordance with section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ); (3) establish or expand career development services for such students, such as career workshops or career counseling; (4) establish or expand tutoring and academic support services for such students; (5) cover the costs of employment of administrators for the program whose sole job shall be to administer the program, without regard to whether the employment is full-time or less than full-time; or (6) provide financial support for eligible students participating in such program to enroll in courses offered during enrollment periods that are outside the fall and spring semesters (or equivalent terms). (h) Reports (1) In General Using the postsecondary student data system established under section 132(1) or a successor system (whichever includes the most recent data) to streamline reporting requirements and minimize reporting burdens, and in coordination with the National Center for Education Statistics, the Secretary shall, on at least an annual basis, collect data with respect to each community college student success program and evidence-based comprehensive student success program receiving funding under this section, including the data described in paragraph (2). (2) Data submitted by eligible institutions Each eligible institution that receives a grant under this title shall provide the following to the Secretary: (A) On an annual basis, such information as may be necessary for the Secretary to collect data about— (i) the demographic characteristics of the eligible students participating in the program and how these demographics compare to State or local populations and efforts to bridge equity gaps; (ii) the average number of credits attempted and average number of credits earned, rate of retention, rate of degree completion, and transfer rates of such eligible students, disaggregated by race, income, and gender; (iii) the graduation rate of such eligible students; and (iv) post-graduate outcomes, such as employment and earnings. (B) An annual performance report for each year of the grant period that includes— (i) an analysis of the implementation and progress of such program based on the ambitious outcome goals described in the report submitted by the institution under section 103(f)(1)(A), including challenges to and changes made to such program; (ii) if according to the analysis under subparagraph (A), the program is not on track to meet such ambitious outcome goals, a description of the plans to adjust the program to improve the performance of the program; (iii) the participation of such eligible students in tutoring, academic support, career services, and meetings with program advisors; and (iv) when data is available, information that will allow for a comparison of the data collected for such year under this subparagraph with such data collected for each of the 2 years preceding the date on which the grant was awarded. (C) Not later than 6 years after the date on which the eligible institution received such grant, a final report to the Secretary that includes an analysis of— (i) the factors that contributed to the success or failure of the program in meeting the ambitious outcome goals described in the report submitted by the institution under section 103(f)(1)(A), as applicable; (ii) the challenges faced in attempting to implement such program; (iii) information on how to improve such program; (iv) whether the program has created an institution-wide reform with respect to graduate rates and transfer rates for all students, and if so, how such reform was created; and (v) how the eligible institution will continue to fund such program after the end of the grant period. 105. Evaluations (a) Independent evaluations Before finalizing which eligible institutions will receive grants under section 104 for a fiscal year, the Secretary, acting through the Director of the Institute of Education Sciences, shall enter into a contract with an independent evaluator— (1) to consult with the Secretary on which eligible institutions should receive the grants; and (2) to use the What Works Clearinghouse Standards (without reservations) to evaluate, throughout the duration of the grant period of such grants— (A) each program for which such grant is awarded, including whether the program met its ambitious outcome goals described in the report submitted by the institution under section 103(f)(1)(A), as applicable; (B) the average impact of those programs on graduation rates, the average number of credits per associate degree awarded, and transfer rates for eligible students; (C) the variation in program impacts across eligible institutions with respect to such rates; and (D) whether those programs are cost effective in creating higher graduation rates and transfer rates of participating eligible students compared with such rates among students who did not participate in programs at eligible institutions. (b) Results of evaluations The results of the evaluations under subsection (a) shall be made publicly available on the website of the Department of Education. (c) Funding for evaluations The Secretary may reserve not more than 15 percent of the funds appropriated under section 109 for a fiscal year to carry out this section for such fiscal year. 106. Outreach and technical assistance (a) Outreach The Secretary shall conduct outreach activities to notify eligible institutions of the availability of grants under this title. (b) Technical assistance The Secretary shall provide technical assistance— (1) to eligible institutions that may be interested in applying for grants under this title, including assistance with applications for such grants; and (2) to eligible institutions awarded grants under this title, including assistance with— (A) establishing ambitious outcome goals described in section 103(f)(1)(A), as applicable; (B) disaggregating data and goals by race, income, and gender; and (C) the design and implementation of a program, including the use of real-time data to track student progress. (c) Consultation The Secretary may consult with institutions of higher education or nonprofit organizations that operate evidence-based comprehensive student success programs to provide technical assistance to eligible institutions. (d) Publicly available information The Secretary shall compile and make publicly available information about research, best practices, and strategies relating to programs under this title. (e) Funding for technical assistance for evaluations The Secretary may reserve not more than 7 percent of the funds appropriated under section 109 for a fiscal year for technical assistance under this section for such fiscal year. 107. Report to Congress Not later than 1 year after the date on which the Secretary receives the final evaluation results under section 105 for eligible institutions that were awarded grants under section 104 for the same fiscal year, the Secretary shall submit to Congress a report that includes— (1) the number of grants awarded under section 104 for such fiscal year, and the amount of such grants; (2) the number of grants awarded under section 103 to eligible institutions that received or would have been eligible for the grants described in paragraph (1), and the amount of such grants; (3) the number of grants awarded under section 103 to eligible institutions that would have been eligible, but did not receive the grants described in paragraph (1); (4) such final evaluation results; and (5) any other information the Secretary may determine is relevant. 108. Relationship to other student financial assistance (a) Student financial assistance Any funds received under this title by an eligible institution that are distributed to a student— (1) shall be credited to student's account only after all other Federal, State, and institutional grants for which that student is eligible are credited to that student's account; and (2) shall not affect a student's eligibility for other Federal grants for which the student is eligible. (b) Cost of attendance limit An eligible institution receiving funds under this title shall ensure that in distributing any such funds to a student, the amount of such funding does not exceed the cost of attendance as described in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). 109. Supplement not supplant Funds made available under this title shall be used to supplement and not supplant other Federal, State, and local funds available to the institution for carrying out the activities described in this title. 110. Authorization of appropriations There are authorized to be appropriated to carry out this title $10,000,000,000 for fiscal years 2022 through 2032, to be available until expended. II Part time community college student success program 201. Definitions In this title: (1) Part time community college student success program The term part time community college student success program means a program carried out by an eligible institution under which the eligible institution carries out the following: (A) Provides students participating in such program with an amount that covers the cost of tuition and fees that are not covered by any Federal, State, or institutional financial assistance received by the student. (B) Requires students participating in such program to— (i) be enrolled in not less than 9 credits and not more than 12 credits at the eligible institution as a degree-seeking student during each fall and spring semester (or equivalent terms) during which the student participates in such program; (ii) if the student is referred to remedial or corequisite courses or on academic probation, meet, not less than on a weekly basis, with a tutor or appropriate academic support, except that in the case of a student who is academically struggling, but who is not referred to remedial courses or on academic probation, the student may meet with a tutor as often as the program advisor for such student requires; (iii) meet with a program advisor— (I) twice each month during the first semester (or equivalent term) of participation in such program; and (II) as directed by the program advisor in subsequent semesters (or equivalent terms) under subparagraph (C)(ii); and (iv) meet with a career advisor or participate in a career services event not less than once each semester (or equivalent term). (C) Provides a program advisor to each student participating in such program who— (i) provides comprehensive academic, career, and personal advising to the student, such as— (I) the creation and implementation of an academic plan for the student to graduate from a program of study at the eligible institution within 150 percent of the normal time for graduation from such program; (II) if an eligible student is referred to remedial or corequisite courses, taking steps to enable the student to complete college mathematics and English within the first 30 credit hours; and (III) assisting the student with developing and achieving academic goals, including creating strong transfer pathways that demonstrate programmatic transfer for students interested in transferring to a 4-year institution of higher education; (ii) after the student participating in such program completes a semester (or equivalent term), creates for the student a needs-based advising schedule that indicates, based on the student’s academic performance, the frequency with which such student shall be required to meet with a program advisor for each subsequent semester (or equivalent term) of program participation; (iii) has a caseload of not more than 125 students; (iv) tracks the attendance of the student at the meetings described in clauses (ii), (iii), and (iv) of subparagraph (B); (v) monitors the academic progress of the student; and (vi) provides each student who meets the requirements of subparagraph (B), on not more than a monthly basis, with financial incentives support that will enhance student success. (D) Provides tutoring, academic support, and career services at no cost to students participating in such program, and may reserve places in select courses for such students in order to create community within cohorts of students. (E) Provides information to eligible students participating in such program about the eligibility of such students for assistance under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) and the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (2) Eligible student The term eligible student means a student enrolled at an eligible institution who— (A) on the date such eligible student would begin participation in a part time community college student success program at such eligible institution— (i) is enrolled in a program of study leading to an associate degree that prepares students to transfer to a 4-year institution of higher education or advance in the labor market; and (ii) is— (I) a first-time undergraduate student; or (II) a continuing or transfer student with not more than 24 credits and a minimum grade point average of 2.0 (or its equivalent); (B) completes not less than 24 credits, at least 20 of which must be degree-applicable, at the eligible institution as a degree-seeking student during each academic year during which the student participates in the part time community college student success program; (C) if the student is eligible for financial aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. )— (i) has completed the Free Application for Federal Student Aid or other common financial reporting form under section 483(a) of such Act ( 20 U.S.C. 1090(a) ); or (ii) demonstrates eligibility for a Federal Pell Grant through institutional financial aid eligibility forms or State financial aid eligibility forms; and (D) meets any other requirements established by the institution. (3) Minority-serving institution The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). 202. Part time community College Student Success Grant Program authorized From the amounts appropriated under section 209, the Secretary of Education shall establish and carry out the part time community college student success grant program to award grants under sections 203 and 204, on a competitive basis, to eligible institutions to plan and implement part time community college student success programs and to improve or expand part-time evidence-based comprehensive student success programs for eligible students that are designed to increase— (1) the rate at which program participants graduate from a program of study at such eligible institution within 150 percent of the normal time for graduation; (2) transfer rates of program participants; and (3) the number of credits that a program participant takes that apply to a degree in the participant's desired major. 203. Grants to plan part time community college student success programs (a) Planning grants authorized From the amounts appropriated to carry out this section under section 209 for a fiscal year, the Secretary shall award planning grants for such fiscal year, on a competitive basis, to eligible institutions to develop plans for part time community college student success programs. (b) Duration A grant awarded under this section shall be for a 1-year period. (c) Peer review process; priority In awarding grants under this section for a fiscal year, the Secretary shall— (1) carry out a peer review process that— (A) requires that each application submitted under subsection (d) be peer reviewed by a panel of readers composed of individuals selected by the Secretary, which shall include— (i) not less than 50 percent of readers— (I) who are not employees of the Federal Government; and (II) who have relevant research or practical experience with respect to student support programs designed to increase graduation rates and transfer rates at public 2-year institutions of higher education; and (ii) to the maximum extent practicable, individuals who are members of groups underrepresented in higher education, including African Americans, Hispanics, Native Americans (including American Indians, Alaska Natives, and Native Hawaiians), Asian Americans, Pacific Islanders, and individuals with disabilities; and (B) ensures that no individual assigned under subparagraph (A) to review an application has any conflict of interest with regard to that application that may make the individual unable to impartially conduct such review; and (2) give priority to eligible institutions that are eligible to receive funding under title III or V of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq. ; 20 U.S.C. 1101 et seq. ). (d) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include— (1) the graduation rate, the number of credits completed (disaggregated by remedial credits and college-level credits for each program of study), and the transfer rate for the most recent academic year for which data are available for eligible students and all students, respectively; (2) an analysis of how implementing a community college student success program may improve the graduation rate or transfer rate for eligible students; and (3) a description of the methods the eligible institution has previously used to improve the graduation rate or transfer rate with respect to eligible students and all students, respectively. (e) Use of funds An eligible institution that receives a grant under this section shall use the grant to develop a plan to implement a part time community college student success program at the eligible institution for eligible students. (f) Report Not later than 1 year after the date on which an eligible institution receives a grant under this section, such eligible institution shall submit to the Secretary a report that includes— (1) a plan for implementing a community college student success program at the eligible institution, including— (A) the sufficiently ambitious outcome goals for achieving significant improvements in graduation rates and transfer rates for program participants and all students, respectively, as such rates are defined by the eligible institution, in consultation with the Secretary, before the end of the grant period; (B) the number of such eligible students who will participate in such program, including— (i) how such eligible students will be identified, referred, and selected, in cases where the interest in the program is larger than the budget for the program; and (ii) a plan to ensure that economically disadvantaged students receive priority; (C) based on the most recent academic year for which data are available, disaggregated by eligible students and all students— (i) graduation rates; (ii) transfer rates; and (iii) average number of credits earned, including remedial and college-level credits, by associate degree earners; (D) an analysis of the financial needs of eligible students based on the Free Application for Federal Student Aid; (E) a description of how the eligible institution will— (i) recruit and serve eligible students for the community college student success program in a manner that reflects the local or State population; or (ii) develop and implement a plan to recruit and serve eligible students for such program in a manner that reflects the local or State population and demographics; (F) a description of how the eligible institution will— (i) effectively staff a community college student success program in a manner that reflects the student population; or (ii) develop and implement a plan to effectively staff a community college student success program in a manner that reflects the local or State population and demographics; and (G) a timeline for the implementation of such program; (2) a budgetary analysis that includes— (A) a description of how the eligible institution will provide non-Federal funds for such program under section 204(d); and (B) a description of how the eligible institution will continue to fund such program after the end of the grant period for the grant awarded to the institution under section 204; and (3) such other information as the Secretary may require. 204. Grants to implement, improve, or expand part time community college student success programs (a) Implementation, improvement, and expansion grants authorized (1) In general From the amounts appropriated to carry out this section under section 209 for a fiscal year, the Secretary shall award grants for such fiscal year, on a competitive basis— (A) to eligible institutions awarded a grant under section 203 to implement part time community college student success programs; or (B) to eligible institutions to improve or expand a part time evidence-based comprehensive student success program. (2) Consultation In awarding grants under this section for a fiscal year, the Secretary shall consult with the independent evaluator described in section 205(a) before finalizing which eligible institutions will receive such a grant for such fiscal year. (b) Requirements for selection To be eligible to receive a grant under this section, an eligible institution shall meet the following requirements: (1) The eligible institution— (A) was awarded a grant under section 203 not less than 1 year before such eligible institution submits an application under subsection (e); or (B) the eligible institution, at the time of application, implements a part time evidence-based comprehensive student success program. (2) The eligible institution submits an application under subsection (e). (3) The eligible institution demonstrates, on the date of the application described in subsection (e), the availability of non-Federal funding for the matching funds required under subparagraphs (A), (B), and (C) of subsection (d)(1). (c) Duration A grant awarded under this section shall be for a 5-year period. (d) Non-Federal contribution (1) In general Except as provided in paragraph (2), an eligible institution awarded a grant under this section shall contribute in cash from non-Federal sources the following: (A) For the second year of the grant period, an amount equal to 10 percent of the cost of carrying out the part time community college student success program or the cost to improve or expand the part time evidence-based comprehensive student success program (as applicable) for eligible students at the institution for such year. (B) For each of the third year through fifth years of the grant period, an amount equal to 20 percent of the cost of carrying out the community college student success program or the cost to improve or expand the part time evidence-based comprehensive student success program (as applicable) for the applicable year. (2) Exception (A) In general Notwithstanding (1), with respect to an exempt institution awarded a grant under this section, for each year of the grant period beginning with the second year through the fifth year, the Secretary shall not require the institution to make a cash contribution from non-Federal sources in an amount that is greater than the amount equal to 5 percent of the cost at the institution for such year of carrying out— (i) the part time community college student success program; or (ii) the part time evidence-based comprehensive student success program. (B) Definitions For purposes of this paragraph: (i) Exempt institution The term exempt institution means an eligible institution that is— (I) a Tribal College or University; or (II) an institution located in the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (ii) Tribal College or University The term Tribal College or University has the meaning given the term in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ). (e) Application An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) in the case of a part time community college student success program, a copy of the report described in section 203(f); and (2) in the case of a part time evidence-based comprehensive student success program, a demonstration that the program meets the criteria for receiving an expansion grant from the Education Innovation and Research program, as determined by the Department of Education. (f) Required use of funds An eligible institution that receives a grant under this section shall use the grant funds to— (1) (A) implement a part time community college student success program; or (B) improve or expand a part time evidence-based comprehensive student success program; and (2) regularly review— (A) data to monitor the academic progress of eligible students participating in such program; and (B) the meeting and program participation requirements described in section 201(1), as applicable. (g) Permissible use of funds An eligible institution that receives a grant under this section may use the grant to— (1) establish or expand a data tracking system that includes early alerts to complete the regular reviews required under subsection (f)(2), as applicable; (2) provide eligible students participating in the part time program for which the grant is awarded with financial assistance to cover the costs described in paragraph (2), (3), or (8) of section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ); (3) establish or expand career development services for such eligible students, such as career workshops or career counseling; (4) establish or expand tutoring and academic support services for such eligible students; (5) cover the costs of employment of administrators for the program whose sole job shall be to administer the program, without regard to whether the employment is full-time or less than full-time; and (6) provide financial support for such eligible students participating in such program to enroll in courses offered during enrollment periods that are outside the fall and spring semesters (or equivalent terms). (h) Reports (1) In General Using the postsecondary student data system established under section 132(1) or a successor system (whichever includes the most recent data) to streamline reporting requirements and minimize reporting burdens, and in coordination with the National Center for Education Statistics, the Secretary shall, on at least an annual basis, collect data with respect to each part time community college student success program and each part time evidence-based comprehensive student success program, including the data described in paragraph (2). (2) Data submitted by eligible institutions Each eligible institution that receives a grant under this title shall provide the following to the Secretary: (A) On an annual basis, such information as may be necessary for the Secretary to collect data about— (i) the demographic characteristics of the eligible students participating in the part time program; (ii) the average number of credits attempted and average number of credits earned, rate of retention, rate of degree completion, and transfer rates of such eligible students; and (iii) the graduation rate of such eligible students. (B) An annual performance report for each year of the grant period that includes— (i) an analysis of the implementation and progress of such program based on the ambitious outcome goals described in the report submitted by the institution under section 203(f)(1)(A), as applicable, including challenges to and changes made to such program; (ii) if according to the analysis under subparagraph (A), the program is not on track to meet such ambitious outcome goals, a description of the plans to adjust the program to improve the performance of the program; (iii) the participation of such eligible students in tutoring, academic support, career services, and meetings with program advisors; and (iv) when data is available, information that will allow for a comparison of the data collected for such year under this subparagraph with such data collected for each of the 2 years preceding the date on which the grant was awarded. (C) Not later than 6 years after the date on which the eligible institution received such grant, a final report to the Secretary that includes an analysis of— (i) the factors that contributed to the success or failure of the program in meeting the ambitious outcome goals described in the report submitted by the institution under section 203(f)(1)(A), as applicable; (ii) the challenges faced in attempting to implement such program; (iii) information on how to improve such program; (iv) whether the program has created an institution-wide reform with respect to graduate rates and transfer rates for all students, and if so, how such reform was created; and (v) how the eligible institution will continue to fund such program after the end of the grant period. 205. Evaluations (a) Independent evaluations Before finalizing which eligible institutions will receive grants under section 204 for a fiscal year, the Secretary, acting through the Director of the Institute of Education Sciences, shall enter into a contract with an independent evaluator— (1) to consult with the Secretary on which eligible institutions should receive the grants; and (2) to use the What Works Clearinghouse Standards (without reservations) to evaluate, throughout the duration of the grant period of such grants— (A) each part time program for eligible students for which such grant is awarded, including whether the program met its ambitious outcome goals described in the report submitted by the institution under section 203(f)(1)(A), as applicable; (B) the average impact of part time programs on graduation rates, the average number of credits per associate degree awarded, and transfer rates for eligible students; (C) the variation in program impacts across eligible institutions with respect to such rates; and (D) whether such programs lead to higher graduation rates and transfer rates of eligible students per dollar spent for such students by such institutions compared with such rates among students who did not participate in part time programs at eligible institutions. (b) Results of evaluations The results of the evaluations under subsection (a) shall be made publicly available on the website of the Department of Education. (c) Funding for evaluations The Secretary may reserve not more than 15 percent of the funds appropriated under section 209 for a fiscal year to carry out this section for such fiscal year. 206. Outreach and technical assistance (a) Outreach The Secretary shall conduct outreach activities to notify eligible institutions of the availability of grants under this title. (b) Technical assistance The Secretary shall provide technical assistance— (1) to eligible institutions that may be interested in applying for grants under this title, including assistance with applications for such grants; and (2) to eligible institutions awarded grants under this title, including assistance with— (A) establishing ambitious outcome goals described in section 203(f)(1)(A); and (B) the design and implementation of a part time community college student success program, including the use of real-time data to track student progress. (c) Consultation The Secretary may consult with institutions of higher education or nonprofit organizations that operate part time evidence-based comprehensive student success programs to provide technical assistance to eligible institutions. (d) Publicly available information The Secretary shall compile and make publicly available information about research, best practices, and strategies relating to part time programs under this title. (e) Funding for technical assistance for evaluations The Secretary may reserve not more than 7 percent of the funds appropriated under section 209 for a fiscal year for technical assistance under this section for such fiscal year. 207. Report to Congress Not later than 1 year after the date on which the Secretary receives the final evaluation results under section 205 for eligible institutions that were awarded grants under section 204 for the same fiscal year, the Secretary shall submit to Congress a report that includes— (1) the number of grants awarded under section 204 for such fiscal year, and the amount of such grants; (2) the number of grants awarded under section 203 to eligible institutions that received or would have been eligible for the grants described in paragraph (1), and the amount of such grants; (3) the number of grants awarded under section 203 to eligible institutions that would have been eligible but did not receive the grants described in paragraph (1); (4) such final evaluation results; and (5) any other information the Secretary may determine is relevant. 208. Supplement, not supplant Funds awarded to an eligible institution under this title shall be used only to supplement the amount of funds that would, in the absence of the Federal funds provided under this title, be made available from non-Federal sources or other Federal sources to carry out the activities under this title, and not to supplant such funds. 209. Authorization of appropriations There are authorized to be appropriated to carry out this title $5,000,000,000 for fiscal years 2022 through 2032, to be available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2237is/xml/BILLS-117s2237is.xml |
117-s-2238 | II 117th CONGRESS 1st Session S. 2238 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Murkowski (for herself and Ms. Klobuchar ) 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 reauthorize and extend the Fetal Alcohol Spectrum Disorders Prevention and Services program, and for other purposes.
1. Short title This Act may be cited as the Advancing FASD Research, Services and Prevention Act or the FASD Respect Act . 2. Findings Congress finds as follows: (1) Fetal Alcohol Spectrum Disorders (referred to in this section as FASD ), is a serious and complex public health issue impacting individuals, families, and communities throughout the United States, regardless of race, sex, culture, or geography. This Act provides an opportunity for our Nation to explore strategies to not only prevent the adverse effects of prenatal alcohol exposure (referred to in this section as PAE ) but heal individual, historical, and cultural traumas. (2) Exposure to alcohol has long-lasting consequences for a developing fetus, which may lead to a range of life-long physical, mental, social, and emotional problems. There is no known safe amount of alcohol use during pregnancy or while trying to get pregnant. There is also no safe time during pregnancy to drink. All types of alcohol are equally harmful, including all wines and beer. (3) The most recent prevalence study identified as many as 1 in 20 first graders across the country are affected by PAE. Given that nearly 45 percent of pregnancies are unintended and women often don’t know that they are pregnant until they are 6 weeks along or more, it’s easy to understand how a woman could drink alcohol while expecting. Research shows that solely focusing on individual women’s behavior as FASD prevention strategy perpetuates stigma and blame on biological mothers, individuals impacted by FASD, and the condition itself. (4) Although research shows that white, college-educated, middle- to upper-class women are the most likely group to drink during pregnancy, one of the common misnomers about FASD is that it is an indigenous issue . Continued surveillance, stigmatization, and stereotyping of Indigenous populations may contribute to the misbelief that FASD is over-represented in these communities. (5) In their recent landmark survey, Lay of the Land: Equality vs Equity , the FASD Changemakers, comprised of young adults with FASD, documented the social determinants of health that lead to the detrimental health disparities people with FASD often endure, including victimization resulting in incarceration, homelessness, reduced access to health care, vulnerabilities to substance misuse, and unemployment. (6) The higher prevalence of FASD in criminal justice and foster care systems has been documented. Nearly 1 out of 4 children in juvenile corrections has FASD, and prevalence estimates among children in the foster care systems range from 23 percent to 60 percent. Prevalence in adult corrections ranges from 11 percent to 25 percent. (7) The National Academy of Medicine recommendations for a broad Federal response formed the basis of the Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act of 1998 that authorized $27,000,000 for a National Task Force on Fetal Alcohol Syndrome and grant programs at the National Institute on Alcohol Abuse and Alcoholism, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. (8) In 2009, the National Task Force on Fetal Alcohol Syndrome reported FASD diagnostic capacity and FASD-informed services insufficient in the United States, resulting in countless individuals with FASD remaining unrecognized or misdiagnosed. (9) Despite PAE remaining the leading preventable cause of birth defects and neurodevelopmental disabilities in the United States, the authority for the National Task Force on Fetal Alcohol Syndrome expired, SAMHSA funding for FASD ended in 2015, and other Federal and State FASD-related funding declined. (10) FASD is preventable. Although there is no cure for individuals impacted by FASD, research shows that intervention services and supports that include social, environmental, and educational strategies can prevent subsequent trauma to the individual, the individual's caregivers, and society. (11) Building coordinated State and Tribal FASD systems of care that offer integrated culturally appropriate services and supports grounded in best practices can mitigate the harms created by historical and cultural trauma. 3. Programs for fetal alcohol spectrum disorders (a) In general Part O of title III of the Public Health Service Act ( 42 U.S.C. 280f et seq. ) is amended by striking section 399H and inserting the following: 399H. Programs for fetal alcohol spectrum disorders (a) Definition In this part— (1) the term fetal alcohol spectrum disorders or FASD means diagnosable developmental disabilities of a broad range of neurodevelopmental and physical effects that result from prenatal exposure to alcohol. The effects may include lifelong physical, mental, behavioral, social and learning disabilities, and other problems that impact daily functioning (such as living independently or holding a job), as well as overall health and well-being; and (2) the terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act. (b) Research on fetal alcohol spectrum disorders and related conditions (1) In general The Secretary, acting through the Director of the National Institutes of Health, shall— (A) establish a research program for FASD; and (B) award grants, contracts, or cooperative agreements to public or private nonprofit entities to pay all or part of carrying out research under such research program. (2) Types of research In carrying out paragraph (1), the Secretary, acting through the Director of the National Institute on Alcohol Abuse and Alcoholism (referred to in this section as the Director of the Institute ), shall continue to conduct and expand national and international research in consultation with other Federal agencies and outside partners that includes— (A) the most promising avenues of research in FASD diagnosis, intervention, and prevention; (B) factors that may mitigate the effects of prenatal alcohol and other substance exposure including culturally relevant factors and social determinants of health; and (C) other research that the Director of the Institute determines to be appropriate with respect to conditions that develop as a result of prenatal alcohol and other substance exposure. (3) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $30,000,000 for each of fiscal years 2022 through 2027. (c) Surveillance, public health research, and prevention activities (1) In general The Secretary, acting through the Director of the National Center on Birth Defects and Developmental Disabilities of the Centers for Disease Control and Prevention, shall facilitate surveillance, public health research, and prevention of FASD in accordance with this subsection. (2) Surveillance, public health research and prevention In carrying out this subsection, the Secretary shall— (A) integrate into surveillance practice an evidence-based standard case definition for fetal alcohol syndrome and, in collaboration with other Federal and outside partners, support organizations of appropriate medical and mental health professionals in their development and refinement of evidence-based clinical diagnostic guidelines and criteria for all fetal alcohol spectrum disorders; (B) disseminate and provide the necessary training and support to appropriate medical and mental health professionals on the early identification of children with prenatal alcohol or other substance exposure as such children may require ongoing developmental and behavioral surveillance by their primary health care clinician which continues throughout their lifetime to access ongoing treatment and referral problems; (C) support applied public health prevention research to identify culturally-appropriate or evidence-based strategies for reducing alcohol and other substance exposed pregnancies in women at high risk of such pregnancies; (D) disseminate and provide the necessary training and support to implement culturally-appropriate or evidence-based strategies developed under subparagraph (C) to— (i) hospitals, Federally-qualified health centers, residential and outpatient substance disorder treatment programs, and other appropriate health care providers; (ii) educational settings; (iii) social work and child protection service providers; (iv) foster care providers and adoption agencies; (v) State or Tribal offices and other agencies providing services to individuals with disabilities; (vi) mental health treatment facilities; (vii) Indian Tribes and Tribal organizations; (viii) military medical treatment facility described in section 1073d(c) of title 10, United States Code, and medical centers of the Department of Veterans Affairs; and (ix) other entities that the Secretary determines to be appropriate; (E) conduct activities related to risk factor surveillance; (F) disseminate and evaluate brief behavioral intervention strategies and referrals aimed at preventing alcohol and substance-exposed pregnancies among women of childbearing age in special settings, including clinical primary health centers, outpatient clinics, child welfare agencies, and correctional facilities and recovery campuses; (G) document the FASD lived experience and incorporate the perspectives of individuals and their family members affected by FASD and birth mothers of individuals with FASD in the dissemination of information and resources; (H) disseminate comprehensive alcohol and pregnancy and FASD information, resources, and services to families and caregivers, professionals, and the public through an established national network of affiliated FASD organizations and through organizations serving medical, behavioral health, addiction, disability, education, legal and other professionals; and (I) coordinate FASD activities with affiliated State, Tribal and local systems and organizations with respect to the prevention of alcohol and other substance-exposed pregnancies. (3) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $13,000,000 for each of fiscal years 2022 through 2027. (d) Building State and Tribal FASD systems (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants, contracts, or cooperative agreements to States and Indian Tribes for the purpose of establishing ongoing comprehensive and coordinated State and Tribal FASD multidisciplinary, diverse coalitions to— (A) develop systems of care for— (i) the prevention of FASD and other adverse conditions as a result of prenatal substance exposure; and (ii) the identification, treatment and support of individuals with FASD or other adverse conditions from prenatal substance exposure and support for their families; (B) provide leadership and support in establishing, expanding or increasing State and Tribal systems capacity in addressing FASD and other adverse conditions as a result of prenatal substance exposure; and (C) update or develop implementing and evaluating State and Tribal FASD strategic plans to— (i) establish or expand State and Tribal programs of surveillance, screening, assessment, diagnosis, prevention of FASD and other physical or neurodevelopmental disabilities from prenatal substance exposure; (ii) integrate programs related to prevention of FASD and interventions addressing the adverse effects of prenatal alcohol and other substance exposure into existing State and Tribal coordinated systems of care which focus on the social determinants of health, including systemic racism, access to the Medicare program under title XVIII of the Social Security Act or to the Medicaid program under title XIX of such Act, maternal and early childhood health, economic security, food and housing, education, justice and corrections, mental health, substance use disorder, child welfare, developmental disabilities, and health care; (iii) identify across-the-lifetime issues for individuals and families related to FASD and other adverse conditions related to prenatal substance exposure, including historical and cultural trauma, child abuse and neglect, mental health and substance use disorder; and (iv) identify systemic and other barriers to the integration of prenatal alcohol and substance exposure screening, assessment and identification of FASD into existing systems of care for individuals and families. (2) Eligibility To be eligible to receive a grant, contract, or cooperative agreement under paragraph (1), a State, an Indian Tribe, a Tribal organization, or a State-Tribal collaborative (referred to in this paragraph as 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, including— (A) evidence that the eligible entity designated in the application have or will have authority to implement programs described in this subsection; and (B) evidence of the establishment of a State or Tribal FASD Advisory Group of State agencies or Tribal entities and, if available, a State affiliate of the National Organization on Fetal Alcohol Syndrome or similar Tribal or statewide FASD advocacy organization, to provide the leadership in building State or Tribal capacity in addressing prenatal alcohol and other substance exposure, including FASD prevention, identification, and intervention activities and programming, including— (i) the formation of a FASD advisory coalition of diverse, public and private representatives from multiple disciplines that may include— (I) State agencies or Tribal entities that are responsible for health, human services, corrections, education, housing, developmental disabilities, substance use disorder, child welfare, juvenile and adult justice systems, mental health and any other agency related to the adverse social impact of prenatal alcohol and other substance exposures; and (II) public and private sector stakeholders, including individuals with FASD and their caretakers and entities that work with or provide services or support for individuals with FASD and their families, such as community-based agencies, law enforcement, the judiciary, probation officers, medical and mental health providers, substance use disorder counselors, educators, child welfare professionals, and other entities that address individual, family, community and society issues related to prenatal alcohol and other substance exposure throughout an individual’s lifespan; and (ii) the development of a State or Tribal strategic plan that— (I) contains recommendations, action steps, and deliverables for improving social determinants of health; (II) recommends actions for prevention of FASD and other conditions related to prenatal substance exposure; (III) integrates culturally-appropriate, best practices or evidence-based practices on screening, identification and treatment into existing systems of care; (IV) provides for FASD-informed clinical and therapeutic interventions; (V) provides for FASD-informed supports and services for families and individuals with FASD and other conditions from prenatal substance exposure across their lifetimes; (VI) identifies— (aa) existing FASD or other programs related to prenatal substance exposures in the State or Indian Tribe, including— (AA) FASD primary, secondary and tertiary prevention programs; (BB) prenatal screening, assessment or diagnostic services; and (CC) support and service programs for individuals with FASD and their families; (bb) existing State, local, and Tribal programs, systems, and funding streams that could be used to identify and assist individuals with FASD and other conditions related to substance exposed pregnancies, and prevent prenatal exposure to alcohol and other harmful substances; (cc) barriers to providing FASD diagnostic services or programs to assist individuals with FASD or reducing alcohol and substance exposed pregnancies for women at risk for alcohol or other substance exposed pregnancies, and recommendations to reduce or eliminate such barriers; and (dd) barriers to FASD prevention, screening, assessment, identification, and treatment programs and to the provision of FASD-informed support services and accommodations across the lifespan, and recommendations to reduce or eliminate such barriers; (VII) integrates a public-private partnership of State, Tribal, and local communities to develop a comprehensive FASD-informed and engaged systems of care approach that addresses social determinants of health, including systemic racism on health outcomes, economic security, food and housing; education, justice, and health care challenges experienced by individuals who have been diagnosed with FASD or other conditions as result of prenatal substance exposure; (VIII) describes programs of surveillance, screening, assessment and diagnosis, prevention, clinical intervention and therapeutic and other supports and services for individuals with FASD and their families; (IX) recognizes the impact of historical, cultural, and other trauma of individuals in the design and application of all programming; and (X) recognizes the lived experiences of birth mothers and those with FASD and their families in the design and application of all programming. (3) Restrictions on and use of funds Amounts received under a grant, contract, or cooperative agreement under this subsection shall be used for one or more of the following activities: (A) Establishing or increasing diagnostic capacity in the State or Indian Tribe to meet the estimated prevalence needs of the State or Indian Tribe’s FASD population. (B) Providing educational and supportive services to individuals with FASD and other conditions related to prenatal substance exposure and their families. (C) Establishing a FASD statewide surveillance system. (D) Including FASD information in State medical and mental health care and education programs at schools of higher education. (E) Collecting, analyzing, and interpreting data. (F) Replicating culturally-aware or best practice FASD prevention programs, including case-management models for pregnant or parenting women with alcohol and other substance use disorders. (G) Training of primary care and other providers in screening for prenatal alcohol and other substance exposure in prenatal, pediatric, early childhood or other child or teenage checkup settings. (H) Developing, implementing, and evaluating population-based and targeted prevention programs for FASD, including public awareness campaigns. (I) Increasing capacity of the State or Indian Tribe to deliver housing, economic and food security services to adults impacted by FASD or other conditions related to prenatal substance exposure. (J) Referring individuals with FASD and other conditions related to prenatal substance exposure to appropriate FASD-informed support services. (K) Providing for State and Tribal FASD coordinators. (L) Providing training to health care (including mental health care) providers on the prevention, identification and treatment of FASD and other conditions related to prenatal substance exposure across the lifespan. (M) Providing training to education, justice, and social service system professionals to become FASD-informed and FASD-engaged in their practices. (N) Including FASD in training for workforce development and disability accessibility. (O) Supporting peer-to-peer certification programs for individuals with FASD. (P) Developing FASD-informed certification programs. (Q) Disseminating information about FASD and other conditions related to prenatal substance exposure and the availability of support services to families and individuals with FASD and other adverse conditions related to prenatal substance exposure. (R) Implementing recommendations from relevant agencies and organizations, including the State or Tribal FASD advisory group, on the identification and prevention of FASD, intervention programs or services for individuals with FASD and their families. (S) Other activities, as the Secretary determines appropriate or as recommended by the National Advisory Council on FASD under section 399H–1. (4) Other contracts and agreements A State may carry out activities under paragraph (3) through contracts or cooperative agreements with another State or an Indian Tribe, and with public, private for-profit or nonprofit entities with a demonstrated expertise in FASD and other conditions related to prenatal substance exposure prevention, screening and diagnosis, or intervention services. (5) Report to Congress Not later than 2 years after the date on which amounts are first appropriated under paragraph (6), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that contains a description of programs carried out under this section. At a minimum, the report shall contain— (A) information concerning the number of States receiving grants; (B) State and Tribal FASD diagnostic capacity and barriers to achieving diagnostic capacity based on State FASD surveillance data or the most recent estimated prevalence of FASD in the United States; (C) information concerning systemic or other barriers to screening for prenatal alcohol and other substance exposure in existing systems of care, including— (i) the child welfare system; (ii) maternal and early child health care and alcohol and other substance use disorder treatment programs; (iii) primary or secondary education systems; and (iv) juvenile and adult systems of justice; (D) information concerning existing State, Tribal, local government or community programs and systems of care and funding streams that could be used to identify and assist individuals with FASD and other conditions related to substance exposed pregnancies and the degree to which such programs are FASD-informed or to which there are systemic or other barriers preventing their use; and (E) information concerning existing State, Tribal, local government or community primary, tertiary, or secondary prevention programs on prenatal exposure to alcohol and other harmful prenatal substances. (6) Authorization of appropriations (A) In general To carry out this subsection, there is authorized to be appropriated $32,000,000 for each of fiscal years 2022 through 2027. (B) Administrative and employment expenses Of the amount appropriated for a fiscal year under subparagraph (A), $12,000,000 shall be allocated to States and Indian Tribes for purposes of covering administrative costs and supporting the employment of FASD State and Tribal coordinators. (C) Tribal set aside Up to 20 percent of the grants, contracts, or cooperative agreements awarded under this subsection shall be reserved for Indian Tribes and Tribal organizations. (e) Promoting community partnerships (1) In general The Secretary, acting through the Administrator of Health Resources and Services Administration, shall award grants, contracts, or cooperative agreements to eligible entities to enable such entities to establish, enhance, or improve community partnerships for the purpose of collaborating on common objectives and integrating culturally-appropriate best practice services available to individuals with FASD and other conditions related to prenatal substance exposure such as surveillance, screening, assessment, diagnosis, prevention, treatment, and support services. (2) Eligible entities To be eligible to receive a grant, contract, or cooperative agreement under paragraph (1), an entity shall— (A) be a public or private nonprofit entity that is— (i) a health care provider or health professional; (ii) a primary or secondary school; (iii) a social work or child protection service provider; (iv) an incarceration facility, or State or local judicial system for juveniles and adults; (v) an FASD organization, parent-led group, or other organization that supports and advocates for individuals with FASD and their families; (vi) an Indian Tribe or Tribal organization; (vii) an early childhood intervention facility; (viii) any other entity the Secretary determines to be appropriate; or (ix) a consortium of any of the entities described in clauses (i) through (viii); and (B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including assurances that the entity submitting the application does, at the time of application, or will, within a reasonable amount of time from the date of application, provide evidence of substantive participation with a broad range of entities that work with or provide services for individuals with FASD. (3) Activities An eligible entity shall use amounts received under a grant, contract, or cooperative agreement under this subsection to carry out one or more of the following activities relating to FASD and other conditions related to prenatal substance exposure: (A) Integrating FASD-informed and culturally-appropriate practices into existing programs and services available in the community. (B) Conducting a needs assessment to identify services that are not available in a community. (C) Developing and implementing culturally-appropriate, community-based initiatives to prevent FASD, and to screen, assess, diagnose, treat, and provide FASD-informed support services to individuals with FASD and their families. (D) Disseminating information about FASD and the availability of support services. (E) Developing and implementing a community-wide public awareness and outreach campaign focusing on the dangers of drinking alcohol while pregnant. (F) Providing mentoring or other support to individuals with FASD and their families. (G) Other activities, as the Secretary determines appropriate, or in consideration of recommendations from the National Advisory Council on FASD established under section 399H–1. (4) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2027. (f) Development of best practices and models of care (1) In general The Secretary, in coordination with the Administrator of Health Resources and Services Administration, shall award grants to States, Indian Tribes and Tribal organizations, nongovernmental organizations, and institutions of higher education for the establishment of pilot projects to identify and implement culturally-appropriate best practices for— (A) providing intervention and education of children with FASD, including— (i) activities and programs designed specifically for the identification, treatment, and education of such children; and (ii) curricula development and credentialing of teachers, administrators, and social workers who implement such programs and provide childhood interventions; (B) educating professionals within the child welfare, juvenile and adult criminal justice systems, including judges, attorneys, probation officers, social workers, child advocates, medical and mental health professionals, substance abuse professionals, law enforcement officers, prison wardens or other incarceration administrators, and administrators of developmental disability, mental health and alternative incarceration facilities on how to screen, assess, identify, treat and support individuals with FASD or similar conditions related to prenatal substance exposure within these systems, including— (i) programs designed specifically for the identification, assessment, treatment, and education of individuals with FASD; and (ii) curricula development and credentialing within the adult and juvenile justice and child welfare systems for individuals who implement such programs; (C) educating adoption or foster care agency officials about available and necessary services for children with FASD, including— (i) programs designed specifically for screening, assessment and identification, treatment, and education of individuals with FASD; and (ii) ongoing and consistent education and training for potential adoptive or foster parents of a child with FASD; (D) educating health and mental health and substance use providers about available and necessary services for children with FASD, including— (i) programs designed specifically for screening and identification, and both health and mental health treatment, of individuals with FASD; and (ii) curricula development and credentialing within the health and mental health and substance abuse systems for individuals who implement such programs; and (E) identifying and implementing culturally-appropriate best practice models for reducing alcohol and other substance exposed pregnancies in women at high risk of such pregnancies. (2) Application To be eligible for a grant under paragraph (1), an 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. (3) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2027. (g) Transitional services (1) In general The Secretary, in coordination with the Administrator of the Health Resources and Services Administration and the Administrator of the Administration for Community Living, shall award demonstration grants, contracts, and cooperative agreements to States and local units of government, Indian Tribes and Tribal organizations, and nongovernmental organizations for the purpose of establishing integrated systems for providing culturally-appropriate best practice transitional services for adults affected by prenatal alcohol or substance exposure and evaluating the effectiveness of such services. (2) Application To be eligible for a grant, contract, or cooperative agreement under paragraph (1), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including specific credentials relating to education, skills, training, and continuing educational requirements relating to FASD. (3) Allowable uses An entity shall use amounts received under a grant, contract, or cooperative agreement under paragraph (1) to carry out one or more of the following activities: (A) Provide housing assistance to, or specialized housing for, adults with FASD. (B) Provide FASD-informed vocational training and placement services for adults with FASD. (C) Provide medication monitoring services for adults with FASD. (D) Provide FASD-informed training and support to organizations providing family services or mental health programs and other organizations that work with adults with FASD. (E) Establish and evaluate housing models specially designed for adults with FASD. (F) Recruit, train and provide mentors for individuals with FASD. (G) Other services or programs, as the Secretary determines appropriate. (4) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2027. (h) Services for individuals with fetal alcohol spectrum disorders (1) In general The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use, shall make awards of grants, cooperative agreements, or contracts to public and nonprofit private entities, including Indian tribes and tribal organizations, to provide FASD-informed culturally-appropriate services to individuals with FASD. (2) Use of funds An award under paragraph (1) may, subject to paragraph (4), be used to— (A) screen and test individuals to determine the type and level of services needed; (B) develop a FASD-informed comprehensive plan for providing services to the individuals; (C) provide FASD-informed mental health counseling; (D) provide FASD-informed substance abuse prevention services and treatment, if needed; (E) coordinate services with other social programs including social services, justice system, educational services, health services, mental health and substance abuse services, financial assistance programs, vocational services and housing assistance programs; (F) provide FASD-informed vocational services; (G) provide FASD-informed health counseling; (H) provide FASD-informed housing assistance; (I) conduct FASD-informed parenting skills training; (J) develop and implement overall FASD-informed case management; (K) provide supportive services for families of individuals with FASD; (L) provide respite care for caretakers of individuals with FASD; (M) recruit, train and provide mentors for individuals with FASD; (N) provide FASD-informed educational and supportive services to families of individuals with FASD; and (O) provide other services and programs, to the extent authorized by the Secretary after consideration of recommendations made by the National Advisory Council on FASD. (3) Requirements To be eligible to receive an award under paragraph (1), an applicant shall— (A) demonstrate that the program will be part of a coordinated, comprehensive system of care for such individuals; (B) demonstrate an established communication with other social programs in the community including social services, justice system, financial assistance programs, health services, educational services, mental health and substance abuse services, vocational services and housing assistance services; (C) have a qualified staff of medical, mental health or other professionals with a history of working with individuals with FASD; (D) provide assurance that the services will be provided in a culturally and linguistically appropriate manner; and (E) provide assurance that at the end of the 5-year award period, other mechanisms will be identified to meet the needs of the individuals and families served under such award. (4) Relationship to payments under other programs An award may be made under paragraph (1) only if the applicant involved agrees that the award will not be expended to pay the expenses of providing any service under this section to an individual to the extent that payment has been made, or can reasonably be expected to be made, with respect to such expenses— (A) under any State compensation program, under an insurance policy, or under any Federal or State or Tribal health benefits programs; or (B) by an entity that provides health services on a prepaid basis. (5) Duration of awards With respect to any award under paragraph (1), the period during which payments under such award are made to the recipient may not exceed 5 years. (6) Evaluation The Secretary shall evaluate each project carried out under paragraph (1) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities, including the National Advisory Council on FASD. (7) Funding (A) Authorization of appropriations For the purpose of carrying out this subsection, there is authorized to be appropriated $10,000,000 for each fiscal years 2022 through 2027. (B) Allocation Of the amounts appropriated under subparagraph (A) for a fiscal year, not more than $300,000 shall, for the purposes relating to FASD, be made available for collaborative, coordinated interagency efforts with the National Institute on Alcohol Abuse and Alcoholism, National Institute on Mental Health, the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Administration for Community Living, the Centers for Disease Control and Prevention, the Department of Education, the Department of Justice, and other agencies, as determined by the Secretary. Interagency collaborative efforts may include— (i) the evaluation of existing programs for efficacy; (ii) the development of new evidence-based or best practice programs for prevention of prenatal alcohol and other substance exposure, and interventions for individuals with FASD and their families; (iii) the facilitation of translation and transition of existing evidence-based, best practices or culturally-appropriate prevention and intervention programs into general and community practice; and (iv) engaging in Tribal consultation to ensure that Indian Tribes and Tribal organizations are able to develop culturally-appropriate services and interventions for prenatal alcohol and other substance exposure, and interventions for individuals with FASD and other conditions related to prenatal substance exposure and their families. . 4. National advisory council on FSAD Part O of title III of the Public Health Service Act ( 42 U.S.C. 280f et seq. ), as amended by section 2, is further amended by inserting after section 339H the following: 399H–1. National advisory council on FASD (a) In general The Secretary shall establish an advisory council to be known as the National Advisory Council on FASD (referred to in this section as the Council ) to foster coordination and cooperation among all Federal and non-Federal members and their constituencies that conduct or support FASD and other conditions related to prenatal substance exposure research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by FASD and other conditions related to prenatal substance exposure. (b) Membership The Council shall be composed of 23 members as described in paragraphs (1) and (2). (1) Federal membership Members of the Council shall include representatives of the following Federal agencies: (A) The National Institute on Alcohol Abuse and Alcoholism. (B) The National Institute on Drug Abuse. (C) The Centers for Disease Control and Prevention. (D) The Health Resources and Services Administration. (E) The Substance Abuse and Mental Health Services Agency. (F) The Office of Special Education and Rehabilitative Services. (G) The Office of Justice Programs. (H) The Indian Health Service. (I) The Interagency Coordinating Committee on Fetal Alcohol Spectrum Disorders. (J) The Agency for Healthcare Research and Quality. (2) Non-federal members Additional non-Federal public and private sector members of the Council shall be nominated by the Interagency Coordinating Committee on Fetal Alcohol Spectrum Disorders and appointed by the Secretary, and shall be staffed by the Office of the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services. Such members shall include— (A) at least one individual with FASD or a parent or legal guardian of an individual with FASD; (B) at least one individual or a parent or legal guardian of an individual with a condition related to prenatal substance exposure; (C) at least one birth mother of an individual with FASD; (D) at least one representative from the FASD Study Group of the Research Society on Alcoholism; (E) at least one representative of the National Organization on Fetal Alcohol Syndrome; (F) at least one representative of a leading statewide advocacy and service organization for individuals with FASD and their families; (G) at least one representative of the FASD Center for Excellence established under section 399H–3; (H) at least 2 representatives from State or Tribal advisory groups receiving an award under section 399H(d); and (I) representatives with interest and expertise in FASD from the private sector of pediatricians, obstetricians and gynecologists, substance abuse and mental health care providers, family and juvenile court judges and justice and corrections programming and services, or special education and social work professionals. (3) Appointment timing The members of the Council described in paragraph (2) shall be appointed by the Secretary not later than 6 months after the date of enactment of the Advancing FASD Research, Services and Prevention Act . (c) Functions The Council shall— (1) advise Federal, State, Tribal and local programs and research concerning FASD and other conditions related to prenatal substance exposure, including programs and research concerning education and public awareness for relevant service providers, reducing the incidence of prenatal alcohol and other substance exposure in pregnancies, medical and mental diagnosis, interventions for women at-risk of giving birth with FASD and beneficial services and supports for individuals with FASD and their families; (2) coordinate its efforts with the Interagency Committee on Fetal Alcohol Spectrum Disorders; (3) develop a summary of advances in FASD research related to prevention, treatment, screening, diagnosis, and interventions; (4) make recommendations for the FASD research program to the Director of the National Institute of Alcohol Abuse and Alcoholism; (5) review the 2009 report of the National Task Force on FAS entitled, A Call to Action and other reports on FASD and the adverse impact of prenatal substance exposure; (6) develop a summary of advances in practice and programs relevant to FASD prevention, treatment, early screening, diagnosis, and interventions; and (7) make recommendations on a national agenda to reduce the prevalence and the associated impact of FASD and other conditions related to prenatal substance exposure and improve the quality of life of individuals and families impacted by FASD or the adverse effects of prenatal substance exposure, including— (A) proposed Federal budgetary requirements for FASD research and related services and support activities for individuals with FASD; (B) recommendations to ensure that FASD research, and services and support activities to the extent practicable, of the Department of Health and Human Services and of other Federal departments and agencies, are not unnecessarily duplicative; (C) identification of existing Federal programs that could be used to identify and assist individuals with FASD and other conditions related to substance exposed pregnancies; (D) identification of gaps or barriers for individuals living with, or impacted by, FASD in accessing diagnostic, early intervention, and support services; (E) identification of prevention strategies, including education campaigns and options, such as product warnings and other mechanisms to raise awareness of the risks associated with prenatal alcohol consumption; (F) identification of current diagnostic methods and practices for the identification of FASD and identify gaps or barriers for achieving diagnostic capacity throughout the United States based on current estimated prevalence of FASD; (G) recommendations for research or other measures to increase diagnostic capacity to meet the needs of the estimated number of individuals with FASD; (H) identification and enhancement of culturally-appropriate or best practice approaches and models of care to reduce the incidence of FASD; and (I) identification and enhancement of best practice approaches and models of care to increase support and treat individuals with FASD, and to make recommendations for a broad model comprehensive community approach to the overall problem of prenatal alcohol and other harmful substance exposure. (d) Report to Congress and the President The Council shall submit to Congress and to the President— (1) an update on the summary of advances described in paragraphs (3) and (6) of subsection (c), not later than 2 years after the date of enactment of the Advancing FASD Research, Services and Prevention Act ; (2) an update to the national agenda described in subsection (c)(7), including any progress made in achieving the objectives outlined in such agenda, not later than 4 years after the date of enactment of such Act; and (3) a final report that provides a summary of advances described in paragraphs (3) and (6) of subsection (c), and an update to the national agenda described in subsection (c)(7), not later than September 30, 2027. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2027. . 5. Interagency coordinating committee on fetal alcohol spectrum disorders Subpart 14 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285n et seq. ) is amended by adding at the end the following: 464K. Interagency coordinating committee on fetal alcohol spectrum disorders (a) In general The Director of the Institute shall provide for the continuation of the Interagency Coordinating Committee on Fetal Alcohol Spectrum Disorders (referred to in this section as the Committee ) so that such Committee may— (1) coordinate activities conducted by the Federal Government on FASD, including convening meetings, establishing work groups, sharing information, and facilitating and promoting collaborative projects among Federal agencies, the National Advisory Council on FASD established under section 399H–1, and outside partners; (2) support organizations of appropriate medical and mental health professionals in their development and refinement of evidence-based clinical diagnostic guidelines and criteria for all fetal alcohol spectrum disorders in collaboration with other Federal and outside partners, and (3) develop priority areas considering recommendations from the National Advisory Council on FASD. (b) Membership Members of the Committee shall include representatives of the following Federal agencies: (1) The National Institute on Alcohol Abuse and Alcoholism. (2) The Centers for Disease Control and Prevention. (3) The Health Resources and Services Administration. (4) The Office of the Assistant Secretary for Planning and Evaluation. (5) The Office of Juvenile Justice and Delinquency Prevention. (6) Office of Justice Programs of the Department of Justice. (7) The Substance Abuse and Mental Health Services Administration. (8) The Office of Special Education and Rehabilitation Services. (9) The National Institute on Drug Abuse. (10) The National Institute of Mental Health. (11) The Indian Health Service. (12) The Eunice Kennedy Shriver National Institute of Child Health and Human Development. (13) Other Federal agencies with responsibilities related to FASD prevention or treatment or that interact with individuals with FASD, including education and correctional systems, alcohol and substance use disorder prevention and treatment programs, maternal health, the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act, child health and welfare, rehabilitative services, and labor and housing grant or entitlement programs. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2027. . 6. FASD center for excellence (a) In general Part O of title III of the Public Health Service Act ( 42 U.S.C. 280f et seq. ), as amended by section 4, is further amended by inserting after section 339H–2 the following: 399H–2. FASD center for excellence (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, and in consultation with the Assistant Secretary for Mental Health and Substance Use, the Director of the Centers for Disease Control, and the Chair of the Interagency Coordinating Committee on Fetal Alcohol Spectrum Disorders, shall award up to 4 grants, cooperative agreements, or contracts to public or nonprofit entities with demonstrated expertise in FASD prevention, identification, and intervention services and other adverse conditions related to prenatal substance exposure. Such awards shall be for the purposes of establishing a FASD Center for Excellence to build local, Tribal, State, and national capacities to prevent the occurrence of FASD and other adverse conditions related to exposure to substances, and to respond to the needs of individuals with FASD and their families by carrying out the programs described in subsection (b). (b) Programs An entity receiving an award under subsection (a) may use such award for any of the following programs: (1) Increasing FASD diagnostic capacity Initiating or expanding diagnostic capacity of FASD by increasing screening, assessment, identification, and diagnosis in settings such as clinical practices, educational settings, child welfare, and juvenile out-of-home placement facilities and adult correctional systems. (2) Public awareness Developing and supporting national public awareness and outreach activities, including the use of all types of media and public outreach, and the formation of a diverse speakers bureau to raise public awareness of the risks associated with alcohol consumption during pregnancy with the purpose of reducing the prevalence of FASD and improving the quality of life for those living with FASD and their families. (3) Resources and training (A) Clearinghouse Acting as a clearinghouse for resources on FASD prevention, identification, and culturally-aware best practices, including the maintenance of a national data-based directory on FASD-specific services in States, Indian Tribes, and local communities. (B) Internet-based center Providing an internet-based center that disseminates ongoing research and resource development on FASD in administering systems of care for individuals with FASD across their lifespan. (C) Intervention services and best practices Increasing awareness and understanding of efficacious FASD screening tools and culturally-appropriate intervention services and best practices by— (i) maintaining a diverse national speakers bureau; and (ii) conducting national, regional, State, Tribal, or peer cross-State webinars, workshops, or conferences for training community leaders, medical and mental health and substance abuse professionals, education and disability professionals, families, law enforcement personnel, judges, individuals working in financial assistance programs, social service personnel, child welfare professionals, and other service providers. (D) Building capacity Building capacity for State, Tribal, and local affiliates dedicated to FASD awareness, prevention, and identification and family and individual support programs and services. (4) Technical assistance Providing technical assistance to— (A) communities for replicating and adapting exemplary comprehensive systems of care for individuals with FASD developed under section 399H(d) and for replicating and adapting culturally-appropriate best or model projects of care developed under section 399H(f); (B) States and Indian Tribes in developing statewide or Tribal FASD strategic plans, establishing or expanding statewide programs of surveillance, screening and diagnosis, prevention, and clinical intervention, and support for individuals with FASD and their families under section 399H(d); and (C) Indian Tribes and Tribal organizations in engaging in tribal consultation to ensure that such Tribes and Tribal organizations are able to develop culturally-appropriate services and interventions for individuals with FASD and other conditions related to prenatal substance exposure and their families. (5) Other functions Carrying out other functions, to the extent authorized by the Secretary, after consideration of recommendations of the National Advisory Council on FASD. (c) Application To be eligible for a grant, contract, or cooperative agreement under this section, 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 specific credentials relating to FASD expertise and experience relevant to the application’s proposed activity, including development of FASD public awareness activities and resources; FASD resource development, dissemination, and training; coordination of FASD-informed services, technical assistance, administration of FASD partner networks, and other FASD-specific expertise. (d) Subcontracting A public or private nonprofit may carry out the activities under subsection (a) through contracts or cooperative agreements with other public and private nonprofit entities with demonstrated expertise in— (1) FASD prevention activities; (2) FASD screening and identification; (3) FASD resource, development, dissemination, training and technical assistance, administration and support of FASD partner networks; and (4) intervention services. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2022 through 2027. . 7. Department of Education and Department of Justice programs (a) Prevention, identification, intervention, and services in the education system (1) General rule The Secretary of Education shall address education-related issues with respect to children with FASD, in accordance with this subsection. (2) Specific responsibilities The Secretary of Education shall direct the Office of Special Education and Rehabilitative Services to— (A) support the development, collection, and dissemination (through the internet website of the Department of Education, at teacher-to-teacher workshops, through in-service trainings, and through other means) of culturally appropriate best practices that are FASD-informed in the education and support of children with FASD (including any special techniques on how to assist these children in both special and traditional educational settings, and including such practices that incorporate information concerning the identification, behavioral supports, teaching, and learning associated with FASD) to— (i) education groups such as the National Association of School Boards, the National Education Association, the American Federation of Teachers, the National Association of Elementary School Principals, the National Association of Secondary School Principals and national groups of special education teachers; (ii) recipients of a grant under the 21st Century Community Learning Center program established under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ) and other after school program personnel; and (iii) parent teacher associations, parent information and training centers, and other appropriate parent education organizations; (B) ensure that, in administering the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), parents, educators, and advocates for children with disabilities are aware that children with FASD have the right to access general curriculum under the least restrictive environment; (C) collaborate with other Federal agencies to include information or activities relating to prenatal alcohol and other harmful substance exposure in programs related to maternal health and health education; and (D) support efforts by peer advisory networks of adolescents in schools to discourage the use of alcohol and other harmful substances while pregnant or when considering getting pregnant. (3) Definition For purposes of this subsection, the term FASD has the meaning given such term in section 399H(a) of the Public Health Service Act, as added by section 3. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2027. (b) Prevention, identification, intervention and services in the justice system (1) In general The Attorney General shall address justice-related issues with respect to youth and adults with FASD and other neurodevelopmental conditions as a result of prenatal substance exposure, in accordance with this subsection. (2) Requirements The Attorney General, acting through the Office of Juvenile Justice and Delinquency Prevention and the Bureau of Justice Initiatives, shall— (A) develop screening and assessment procedures and conduct trainings on demonstration FASD surveillance projects in adult and juvenile correction facilities in collaboration with the National Center on Birth Defects and Developmental Disabilities and assistance from appropriate medical and mental health professionals; (B) provide culturally appropriate support and technical assistance to justice systems professionals in developing training curricula on how to most effectively identify and interact with individuals with FASD or similar neurodevelopmental disorders in the adult and juvenile justice systems, and such support may include providing information about the prevention, assessment, identification and treatment of these disorders into justice professionals’ credentialing or continuing education requirements; (C) provide culturally appropriate technical assistance to adult and juvenile systems in addressing the integration of prenatal alcohol and substance exposure history into existing validated screening and assessment instruments; (D) provide culturally appropriate technical assistance and support on the education of justice system professionals, including judges, attorneys, probation officers, child advocates, law enforcement officers, prison wardens and other incarceration officials, medical and mental health professionals, and administrators of developmental disability, mental health and alternative incarceration facilities on how to screen, assess, identify, treat, respond and support individuals with FASD and other conditions as a result of substance exposure within the justice systems, including— (i) programs designed specifically for the identification, assessment, treatment, and education of those with FASD; (ii) curricula development and credentialing of teachers, administrators, and social workers who implement such programs; and (iii) how FASD and other neurodevelopmental disorders impact an individual’s interaction with law enforcement and whether diversionary sentencing options are more appropriate for such individuals; (E) conduct a study on the practices and procedures within the criminal justice system for identifying and treatment of juvenile and adult offenders with neurodevelopmental disabilities, such as FASD, the impact of FASD on offenders’ cognitive skills and adaptive functioning, and identify alternative culturally appropriate methods of treatment and incarceration that have been demonstrated to be more effective for such offenders; and (F) collaborate with professionals with FASD expertise and implement FASD-informed transition programs for adults and juveniles with FASD who are released from adult and juvenile correctional facilities. (3) Access for BOP inmates The Attorney General shall direct the Reentry Services Division at the Bureau of Prisons to ensure that each inmate with FASD or a similar neurodevelopmental disorder who is in the custody of the Bureau of Prisons have access to FASD-informed culturally appropriate services upon re-entry, including programs, resources, and activities for adults with FASD, to facilitate the successful reintegration into their communities upon release. (4) Authorization of appropriations For the purpose of carrying out this subsection, there are authorized to be appropriated $2,000,000 for each of fiscal years 2022 through 2027. (c) Definition For purposes of this section, the term FASD has the meaning given such term in section 399H(a) of the Public Health Service Act, as amended by section 3. | https://www.govinfo.gov/content/pkg/BILLS-117s2238is/xml/BILLS-117s2238is.xml |
117-s-2239 | II 117th CONGRESS 1st Session S. 2239 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Scott of Florida (for himself, Mr. Tillis , Mr. Cotton , Mr. Risch , Mr. Marshall , Mr. Crapo , Mr. Hawley , Mr. Hagerty , Mr. Daines , Mr. Johnson , Mr. Lankford , Mr. Braun , Mr. Cruz , Ms. Ernst , Mr. Wicker , Mr. Cornyn , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To consolidate or repeal unnecessary agency major rules, and for other purposes.
1. Short title This Act may be cited as the Unnecessary Agency Regulations Reduction Act of 2021 . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs; (2) the term agency has the meaning given the term in section 551 of title 5, United States Code; (3) the term burdensome , with respect to a major rule or set of major rules of an agency, means that the major rule or set of major rules— (A) can be consolidated or repealed, in whole or in part, to eliminate or reduce excessive compliance costs or user fees; or (B) imposes unfunded mandates due to the agency failing to adequately comply with section 205 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1535 ); (4) the term duplicative , with respect to a major rule or set of major rules of an agency, means that the major rule or set of major rules overlaps, duplicates, or conflicts with other Federal regulations; (5) the term joint resolution means only a joint resolution that contains legislative language to consolidate or repeal, in whole or in part, agency major rules; (6) the term major rule has the meaning given the term in section 804 of title 5, United States Code; (7) the term outdated , with respect to a major rule or set of major rules of an agency or a portion of a major rule of an agency means that the major rule, set of major rules, or the portion of the major rule has not been modified in the 10-year period preceding the date on which the Administrator submits the most recent list required under section 3(a)(3)(A)(ii); (8) the term regulation has the meaning given the term rule in section 551 of title 5, United States Code; and (9) the term set of major rules means not less than 2 major rules that collectively implement a regulatory authority of an agency. 3. Review and identification of unnecessary regulations (a) Review (1) In general Not later than 2 years after the date of enactment of this Act and each year thereafter, the Administrator, in consultation with each agency, shall— (A) compile a list that identifies all planned agency major rules or sets of major rules for the period covered by the submission; and (B) identify agency major rules or sets of major rules described in subparagraph (A) that are duplicative, burdensome, or outdated. (2) Consideration of GAO duplication report (A) In general The Comptroller General of the United States shall— (i) on an annual basis, provide to the Administrator a copy of the annual report prepared pursuant to section 21 of the Statutory Pay-As-You-Go Act of 2010 ( 31 U.S.C. 712 note); and (ii) in the report provided under clause (i), identify any major rules or sets of major rules associated with the programs, agencies, offices, and initiatives identified in the report as having duplicative goals or activities, as defined by the Comptroller General. (B) Review Upon receipt of the report under subparagraph (A), the Administrator shall— (i) review any major rules or sets of major rules associated with the programs, agencies, offices, and initiatives identified in the report as having duplicative goals or activities; (ii) determine, in consultation with the relevant agencies, whether any of the major rules or sets of major rules identified in clause (i) are potentially duplicative, burdensome, or outdated; and (iii) determine whether any of the major rules or sets of major rules identified in clause (ii) should be consolidated or repealed, in whole or in part. (3) Identification of major rules or sets of major rules (A) In general The Administrator shall, on an annual basis— (i) compile a list of major rules or sets of major rules that the Administrator determines are duplicative, burdensome, or outdated; and (ii) submit to Congress and include in each Unified Agenda of Federal Regulatory and Deregulatory Actions a list of major rules or sets of major rules that the Administrator has identified under paragraph (1)(B), which may include recommendations as to whether any of those major rules or sets of major rules should be consolidated or repealed, in whole or in part. (B) Requirement for list The list of major rules or sets of major rules identified as duplicative, burdensome, or outdated under subparagraph (A)(i) shall be derived from the major rules and sets of major rules identified under paragraphs (1)(B) and (2)(B)(ii). (4) Existing report The requirement described in paragraph (1)(A) may be satisfied by any existing annual report, such as the Unified Agenda of Federal Regulatory and Deregulatory Actions, that is compiled by the Administrator and includes the information described in paragraph (1)(A). (b) Criteria for review In identifying major rules or sets of major rules that are duplicative, burdensome, or outdated under subsection (a), the Administrator may consider— (1) whether the original purpose of the major rule or set of major rules was achieved, and the major rule or set of major rules could be repealed, in whole or in part, without significant recurrence of adverse effects or conduct that the major rule or set of major rules was intended to prevent or reduce; (2) whether the implementation, compliance, administration, enforcement, imposition of unfunded mandates, or other costs of the major rule or set of major rules to the economy are not justified by the benefits to society within the United States produced by the expenditure of those costs; (3) whether the major rule or set of major rules has been rendered unnecessary or obsolete, taking into consideration the length of time since the major rule or set of major rules was made and the degree to which technology, economic conditions, market practices, or other relevant factors have changed in the subject area affected by the major rule or set of major rules; (4) whether the major rule or set of major rules has become unjustified or unnecessary as a result of changed circumstances; (5) whether the major rule or set of major rules is compatible with other regulations and not duplicative or inappropriately burdensome in the aggregate; (6) whether the major rule or set of major rules is ineffective at achieving the purposes of the major rule or set of major rules; (7) whether the major rule or set of major rules is duplicative of other Federal regulations; (8) whether the major rule or set of major rules has excessive compliance costs, user fees, imposes unfunded mandates, or is otherwise excessively burdensome, as compared to alternatives that— (A) specify performance objectives rather than conduct or manners of compliance; (B) establish economic incentives to encourage desired behavior; (C) provide information upon which choices can be made by the public; (D) incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance; or (E) could in other ways substantially lower costs without significantly undermining effectiveness; (9) whether the major rule or set of major rules inhibits innovation in or growth of the United States economy, such as by impeding the introduction or use of safer or equally safe technology that is newer or more efficient than technology required by or permissible under the major rule or set of major rules; (10) whether or not the major rule or set of major rules harms competition within the United States economy or the international economic competitiveness of enterprises or entities based in the United States; (11) whether or not the major rule or set of major rules limits or prevents an agency from applying new or emerging technologies to improve efficiency and effectiveness of government; (12) whether the major rule or set of major rules harms wage growth, including wage growth for minimum wage and part-time workers; (13) whether the major rule or set of major rules is outdated; (14) whether the major rule or set of major rules is in full compliance with the requirements of section 801(a)(1)(A) of title 5, United States Code; (15) whether, and the extent to which, the repeal, in whole or in part, of the major rule or set of major rules would impact public health; (16) the review of the report submitted by the Comptroller General of the United States under subsection (a)(2); and (17) such other criteria as the Administrator determines to identify major rules or sets of major rules that can be repealed, in whole or in part, to eliminate or reduce unnecessarily burdensome costs to the United States economy. (c) Consideration by Congress Not later than 30 days after the date on which the Administrator submits a list of major rules or sets of major rules to Congress under subsection (a)(3)(A)(ii), each appropriate congressional committee shall— (1) review each such major rule or set of major rules that is within the jurisdiction of the committee to determine if the major rule or set of major rules should be consolidated or repealed, in whole or in part; and (2) issue a recommendation to consolidate or repeal, in whole or in part, the major rule or set of major rules in a joint resolution. 4. Expedited procedures for consideration of joint resolution (a) Introduction of joint resolution (1) In general Any joint resolution— (A) shall be introduced in the Senate (by request) by the Majority Leader or Minority Leader of the Senate or by a Member of the Senate designated by the Majority Leader or Minority Leader of the Senate not later than 60 days after the date on which the date on which each appropriate congressional committee has issued the recommendation required under section 3(c); and (B) shall be introduced in the House of Representatives (by request) by the Speaker of the House of Representatives or the Minority Leader of the House of Representatives or by a Member of the House of Representatives designated by the Speaker of the House of Representatives or the Minority Leader of the House of Representatives not later than 60 days after the date on which the date on which each appropriate congressional committee has issued the recommendation required under section 3(c). (2) Reintroduction Any joint resolution shall be reintroduced as described in paragraph (1) not later than 60 days after the first day of a Congress if— (A) the joint resolution was introduced during the previous Congress after the date that was 210 days before the date of the sine die adjournment of such previous Congress; and (B) there was not a vote in either House of Congress on passage of the joint resolution introduced under subparagraph (A) during the previous Congress by which the joint resolution was not agreed to. (b) Expedited consideration in Senate (1) Placement on calendar Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 210 days after the date on which the joint resolution is introduced or reintroduced in the Senate under subsection (a) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of a joint resolution. (B) Procedure For a motion to proceed to the consideration of a joint resolution— (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration (A) In general If the Senate proceeds to consideration of a joint resolution— (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage The vote on passage shall occur immediately following the conclusion of the consideration of a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of this paragraph or the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (c) Expedited consideration in House of Representatives (1) Reporting and discharge Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives not later than 180 days after the date on which the joint resolution is introduced or reintroduced in the House of Representatives under subsection (a). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (2) Proceeding to consideration (A) In general After each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than 210 days after the date on which the joint resolution is introduced or reintroduced in the House of Representatives under subsection (a), to move to proceed to consider the joint resolution in the House of Representatives. (B) Procedure For a motion to proceed to consideration of a joint resolution— (i) all points of order against the motion are waived; (ii) such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution; (iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; (iv) the motion shall not be debatable; and (v) a motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration If the House of Representatives proceeds to consideration of a joint resolution— (A) the joint resolution shall be considered as read; (B) all points of order against the joint resolution and against its consideration are waived; (C) the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent; (D) an amendment to the joint resolution shall not be in order; and (E) a motion to reconsider the vote on passage of the joint resolution shall not be in order. (d) Rules relating to Senate and House of Representatives (1) Coordination with action by other house If, before the passage by one House of a joint resolution of that House, that House receives from the other House a joint resolution— (A) the joint resolution of the other House shall not be referred to a committee; and (B) with respect to a joint resolution of the House receiving the resolution— (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; and (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house If one House fails to introduce or consider a joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures If, following passage of a joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Consideration after passage If the President vetoes the joint resolution, consideration of a veto message in the Senate under this paragraph shall be not more than 10 hours equally divided between the majority and minority leaders or their designees. (e) Rules of Senate and House of Representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and to supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. | https://www.govinfo.gov/content/pkg/BILLS-117s2239is/xml/BILLS-117s2239is.xml |
117-s-2240 | II 117th CONGRESS 1st Session S. 2240 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Young (for himself 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 establish a national and community service pay for results program.
1. Short title This Act may be cited as the Volunteer Innovation Act . 2. National Service Pay for Results Pilot Program Subtitle H of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12653 et seq. ) is amended— (1) by redesignating parts IV and V as parts V and VI, respectively; and (2) by inserting after part III the following: IV National Service Pay for Results Program 198L. Definitions In this part: (1) B Corps entity The term B Corps entity means a private for-profit entity that— (A) has social sustainability or environmental performance standards; (B) has accountability standards; and (C) is transparent in reporting the entity's social or environmental performance. (2) B Corps partnership The term B Corps partnership means a partnership between a B Corps entity and one or more community-based entities (as such term is defined in section 101). (3) Eligible entity The term eligible entity means— (A) a B Corps partnership; or (B) a community-based entity (as defined in section 101). (4) Intervention The term intervention means a specific service delivered to achieve an impact through a national service pay for results project. (5) National service pay for results model The term national service pay for results model means a method of financing national service programs in which— (A) Federal funds are awarded to a eligible entity, only if the eligible entity achieves certain outcomes agreed on by the entity and the Corporation; (B) the eligible entity coordinates with the Chief Executive Officer and investors to identify— (i) an intervention expected to produce the outcome; and (ii) investors to fund the delivery of the intervention; and (C) the eligible entity implements the intervention through the use of participants. (6) National service pay for results project The term national service pay for results project means a project that finances national service programs using a national service pay for results model. (7) Participant The term participant has the meaning given the term in section 101. 198M. National Service Pay for Results Pilot Program (a) Planning period Not later than 15 days after the date of enactment of this section, the Corporation shall begin a planning and consultation period in order to assess appropriate outreach needed to potential applicants. The Corporation shall conduct an internal review and assessment to plan appropriate allocation of staff and other resources needed to ensure successful implementation of the program under this section. (b) Notice (1) In General Not later than 12 months after the date of enactment of this part, the Chief Executive Officer shall publish in the Federal Register a request for proposals from eligible entities for national service pay for results projects in accordance with this section. (2) Manner of notice The Corporation shall provide advance notice to potential eligible entity applicants of any national service priorities to be in effect for a fiscal year, in the same manner as such notice is provided under section 122(f)(2). (c) Required outcomes for National Service Pay for Results project To qualify as a national service pay for results project under this part, a project must effectively utilize participants to produce 1 or more measurable, clearly defined outcomes that result in Federal savings and social benefit through any of the activities described in subparagraphs (B) of paragraphs (1) through (5) of section 122(a). (d) Application required The notice described in subsection (b) shall require a eligible entity to submit, not later than 6 months after the date of publication in the Federal Register under subsection (b), an application for the national service pay for results project that addresses each of the following: (1) The outcome goals of the project. (2) The anticipated number of participants needed to implement the project. (3) The criteria used to determine the eligibility of a participant for the project, including how the potential participants will be identified, how such participants will be recruited for the project, and how such participants will be trained for their roles in the project. (4) A description of each intervention in the project and anticipated outcomes of the intervention. (5) A plan for implementing each intervention through the use of participants. (6) Rigorous evidence demonstrating that the intervention can be expected to produce the desired outcomes. (7) The target population that will be served by the project. (8) The expected social benefits to individuals who receive the intervention, the participants working on the project, and others who may be impacted. (9) The projected cost to the eligible entity to carry out the project, and any costs to the Federal, State, or local government associated with the project. (10) Projected Federal, State, and local government savings and other savings, including an estimate of the savings to the Federal Government, on a program-by-program basis and in the aggregate, if the project is implemented and the outcomes are achieved as a result of the intervention. (11) If savings resulting from the successful completion of the project are estimated to accrue to a State or local government, the likelihood of the State or local government to realize those savings. (12) A description of the expertise of the eligible entity, including a summary of the experience of the eligible entity in delivering the proposed intervention or a similar intervention, or demonstrating that the eligible entity has the expertise necessary to deliver the proposed intervention. (13) An explanation of the experience of the eligible entity in raising private and philanthropic capital to fund social service investments. (14) A description of the expertise of investors that the eligible entity intends to partner with, to the extent that the eligible entity may have identified those investors by the time the application is submitted. (15) A summary of the unmet need in the area where the intervention will be delivered or among the target population who will receive the intervention. (16) The proposed payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (17) The project budget. (18) The project timeline, provided that, notwithstanding section 187, all projects shall be limited to a duration of 5 years. (19) The criteria used to determine the eligibility of an individual to be served by the project, including how selected populations will be identified, how they will be referred to the project, and how they will be enrolled in the project. (20) The evaluation design. (21) The metrics that will be used in the evaluation to determine whether the outcomes have been achieved as a result of the intervention and how the metrics will be measured. (22) An explanation of how the metrics used in the evaluation to determine whether the outcomes achieved as a result of the intervention are independent, objective indicators of impact and are not subject to manipulation by the eligible entity or investor. (23) A summary explaining the independence of the evaluator from the other entities involved in the project and the evaluator's experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions. (24) Any potential payment disputes related to the outcomes of the evaluation. (25) The capacity of the eligible entity to deliver the intervention to the number of participants the eligible entity proposes to serve in the project. (26) The assurances described in sections 131(e) and 132(a), except that such assurances shall apply to the project carried out using assistance provided under this part. (e) Prohibited activities and ineligible organizations (1) Community-based entity Section 132A shall apply to community-based entities carrying out a national service pay for results project under this part and to participants in those projects. (2) B corps entity For purposes of section 132(a)(1) and section 132A(a)(8)(A), a B Corps entity shall not be considered a business organized for profit. 198N. Awarding National Service Pay for Results Pilot Program funds (a) Timeline in awarding agreement (1) In General Not later than 3 months after the deadline for applications in accordance with section 198M has expired, the Chief Executive Officer shall select not less than 4 and not more than 6 community-based entities or eligible entities to participate in national service pay for results projects. (2) Fewer applicants Notwithstanding paragraph (1), if fewer than 4 community-based entities or eligible entities meet the requirements of this part, the Chief Executive Officer may select fewer than 4 entities or partnerships. (b) Considerations in awarding agreement In determining whether to enter into an agreement for a national service pay for results project (the application for which was submitted under section 198M) the Chief Executive Officer shall— (1) seek to ensure geographic diversity in selected entities, including by selecting not less than 1 eligible entity that plans to serve a rural community and not less than 1 eligible entity that plans to serve an urban community; and (2) consider— (A) the anticipated utilization of participants, and whether the eligible entity plans to utilize participants who come from a high-risk background; (B) the value to the Federal Government of the outcomes expected to be achieved if the outcomes specified in the agreement are achieved as a result of the intervention; (C) the likelihood, based on evidence provided in the application and other evidence, that the eligible entity will achieve those outcomes; (D) the savings to the Federal Government if the outcomes specified in the agreement are achieved as a result of the intervention; (E) the savings to State and local governments if the outcomes specified in the agreement are achieved as a result of the intervention; and (F) the expected quality of the evaluation that would be conducted with respect to the agreement. (c) Agreement authority (1) Agreement requirements The Chief Executive Officer may enter into an agreement for a national service pay for results project with an eligible entity selected under this part if the Chief Executive Officer determines that each of the following requirements are met: (A) The eligible entity agrees to achieve 1 or more outcomes as a result of the intervention, as specified in the agreement and validated by independent evaluation, in order to receive payment. (B) The Federal payment to the eligible entity for each specified outcome achieved as a result of the intervention is less than or equal to the value of the outcome to the Federal Government over a period not to exceed 10 years, as determined by the Chief Executive Officer, in consultation with the entity. (C) The project will begin not more than 12 months after the eligible entity has been selected. (D) Notwithstanding section 187, the duration of the project does not exceed 5 years. (E) The eligible entity has demonstrated, through the application submitted under section 198M, that, based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the intervention can be expected to achieve each outcome specified in the agreement. (F) The eligible entity has experience raising private or philanthropic capital to fund social service investments. To the extent the eligible entity does not have such experience or is unable to secure private or philanthropic capital prior to its application submission, the Corporation may assist selected programs in attaining such funding. (G) The eligible entity applying for the program has shown that it has experience delivering the intervention, a similar intervention, or has otherwise demonstrated the expertise necessary to deliver the intervention. (H) The project will utilize participants to implement the intervention. (2) Ability to finance project (A) Plan On the date that is 6 months after the date of an agreement under this subsection— (i) the eligible entity shall provide the Chief Executive Officer with a plan demonstrating that the entity has the capability to fully fund the up-front costs of the project and will have such funds available and reserved for the project not later than 1 year after the date of such agreement; and (ii) if the Chief Executive Officer finds that the eligible entity is not likely to have the capability to fully fund the up front costs of the project, the Chief Executive Officer may terminate such agreement. (B) Funds reserved On the date that is 6 months after the date of an agreement under this subsection, if the eligible entity does not have the funds available and reserved to fully fund the up-front costs of the project, the Chief Executive Officer may terminate the agreement under this subsection. (3) Impact of selection Subject to paragraph (2), for purposes of applying provisions of subtitles C, D, and F under this part, if the Corporation enters into an agreement with an entity for a project under this section— (A) the project shall be considered to be a national service program under section 122(a); and (B) the entity shall be considered to be a grant recipient under subtitle C. (4) Payment (A) In General The eligible entity selected under this part shall pay the entire up-front costs of the project under this part. (B) Outcome payment The Corporation shall pay the selected eligible entity, after completion of the project, only if the independent evaluator described in section 198N–1(b) determines that the national service pay for results project has met the requirements specified in the agreement and achieved an outcome as a result of the intervention, as specified in the agreement and validated by independent evaluation. (C) Amount of payment The Corporation shall have discretion in determining the amount of funds awarded for each pay for results project under this part, except that such amount shall be specified as part of the agreement with each entity under this section and shall be consistent with the requirements of part III of subtitle C, and subtitle D. (D) Applicability of limitation on program grant costs Section 189 shall not apply to a pay for results project under this part. (d) National service members (1) In General For purposes of applying subtitles C, D, and F under this part, the Corporation shall consider a participant in a pay for results project under this part to be a participant in a national service program in the same manner as, and under the same conditions as, a participant in a program under subtitle C. Unless otherwise specified in this part, the terms and conditions applicable to a participant under subtitle C, including the terms and conditions described under part III of that subtitle, shall apply in the same manner to a participant who participates in a pay for results program under this part. (2) eligible entity responsibility Each selected eligible entity will be responsible for recruiting, selecting, and training the participants participating in projects carried out by that eligible entity under this part, consistent with part III of that subtitle. The entity shall carry out the responsibilities and authorities described in part III of that subtitle for a grant recipient. (3) Eligibility for educational award Participants in a pay for results project under this part shall be eligible for a national service educational award described in section 146 in the same manner as, and under the same conditions as, individuals who participate in other approved national service positions. 198N–1. Evaluations (a) Authority To enter into agreements For each eligible entity awarded a national service pay for results project approved by the Chief Executive Officer under this part, the Corporation shall enter into an agreement with such eligible entity to pay for all or part of the independent evaluation to determine whether the entity’s project has achieved a specific outcome as a result of the intervention in order for the selected entity to receive outcome payments under this part. (b) Evaluator qualifications The Corporation may not enter into an agreement with an entity under this section unless the Corporation determines that— (1) the evaluator is independent of the other parties to the agreement; and (2) the evaluator has demonstrated substantial experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well-implemented randomized controlled trials on the intervention or similar interventions. (c) Methodologies To be used The evaluation used to determine whether a eligible entity will receive outcome payments under this part shall use experimental designs using random assignment, or other reliable, evidence-based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. (d) Progress report (1) Submission of report The eligible entity shall ensure that the independent evaluator will— (A) not later than 2 years after a project has been approved by the Chief Executive Officer and annually thereafter until the project is concluded, submit to the Chief Executive Officer a written report summarizing the progress that has been made in achieving each outcome specified in the agreement; and (B) before the scheduled time of the first outcome payment and before the scheduled time of each subsequent payment, submit to the Chief Executive Officer a written report that includes the results of the evaluation conducted to determine whether an outcome payment should be made along with information on the unique factors that contributed to achieving or failing to achieve the outcome, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to the CEO and Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Chief Executive Officer shall submit the report to each of the authorizing committees. (e) Final report (1) Submission of report The eligible entity shall ensure that the independent evaluator will, not later than 6 months after the national service pay for results project is completed— (A) evaluate the effects of the activities undertaken pursuant to the agreement with regard to each outcome specified in the agreement; and (B) submit to the Chief Executive Officer a written report that includes the results of the evaluation and the conclusion of the evaluator as to whether the eligible entity has fulfilled each obligation of the agreement, along with information on the unique factors that contributed to the success or failure of the project, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to the CEO and Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Chief Executive Officer shall submit the report to each authorizing committees. (f) Limitation on cost of evaluations Of the amounts appropriated to carry out this part, the Chief Executive Officer may not obligate more than 15 percent to evaluate the implementation and outcomes of the projects under this part. (g) Applicability of other evaluation provisions Section 179 shall not apply with respect to a national service pay for results project that is evaluated in accordance with this section. 198N–2. Funding (a) Prohibition on Federal funding for credit enhancements No amount appropriated to carry out this part may be used to provide any insurance, guarantee, or other credit enhancement to an eligible entity under which a Federal payment would be made to an eligible entity, as the result of such entity failing to achieve an outcome specified in an agreement. (b) Matching funds requirements not applicable An eligible entity awarded an agreement under this part shall not be subject to the matching funds requirement in section 121(e) or any other matching funds requirements that are applicable to activities funded under this Act. . 3. Conforming amendments (a) Types of national service positions Section 123 of the National and Community Service Act of 1990 ( 42 U.S.C. 12573 ) is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following: (8) A position for a participant in a national service pay for results project that is selected under part IV of subtitle H. . (b) Provision of approved national service positions Section 129 of such Act ( 42 U.S.C. 12581 ) is amended— (1) in the first sentence of subsection (c)— (A) by striking or as and inserting , as ; and (B) by striking shall receive and inserting or as a national service member in a national service pay for results project that is selected under part IV of subtitle H shall receive ; and (2) in subsections (j)(1) and (k)(3), by striking 501(a)(2) and inserting 501(a)(2)(A) . (c) Approval process for approved positions Section 149 of such Act ( 42 U.S.C. 12606 ) is amended— (1) in subsection (a)(1)(A)(ii), by inserting after section 123 the following: or enters into an agreement with an entity to carry out a national service pay for results project under part IV of subtitle H ; and (2) in subsection (b)(1)(B)(ii), by striking E of this title, and inserting E of this title, part IV of subtitle H of this title, . (d) Limitation on program grant costs Section 189(c) is amended by striking the period at the end and inserting , and shall not apply to a pay for results project under part IV of subtitle H of title I. . (e) Authorization of appropriations Section 501(a)(2) of such Act ( 42 U.S.C. 12681(a)(2) ) is amended to read as follows: (2) Subtitles c and d (A) In general There are authorized to be appropriated, for each fiscal year, such sums as may be necessary to provide financial assistance under subtitle C of title I and to provide national service educational awards under subtitle D of title I for the number of participants described in section 121(f)(1) for that fiscal year, subject to subparagraph (B). (B) Part iv of subtitle H The Corporation shall transfer such sums as may be necessary from the funds appropriated under subparagraph (A) for that fiscal year to part IV of subtitle H of title I, and use the funds to provide national service educational awards under subtitle D of title I for participants in national service pay for results projects. (C) Funds available until expended Funds obligated under subparagraph (B) shall remain available until expended, and any funds deobligated from a pay for results project under part IV of subtitle H shall immediately become available for activities authorized under subtitle C. . 4. VISTA Title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ) is amended by inserting after part C the following: D National Service Pay for Results Program 131. Definitions In this part: (1) B Corps entity The term B Corps entity means a private for-profit entity that— (A) has social sustainability or environmental performance standards; (B) has accountability standards; and (C) is transparent in reporting the entity's social or environmental performance. (2) B Corps partnership The term B Corps partnership means a partnership between a B Corps entity and one or more community-based entities. (3) Community-based entity The term community-based entity means a public or private nonprofit organization that— (A) has experience with meeting unmet human, educational, environmental, or public safety needs; and (B) meets other such criteria as the Director may establish. (4) Eligible entity The term eligible entity means— (A) a B Corps partnership; or (B) a community-based entity. (5) Intervention The term intervention means a specific service delivered to achieve an impact through a national service pay for results project. (6) National service pay for results model The term national service pay for results model means a method of financing national service programs in which— (A) Federal funds are awarded to an eligible entity, only if the entity achieves certain outcomes agreed on by the entity and the Director; (B) the eligible entity coordinates with the Director and investors to identify— (i) an intervention expected to produce the outcome; and (ii) investors to fund the delivery of the intervention; and (C) the eligible entity implements the intervention through the use of volunteers. (7) National service pay for results project The term national service pay for results project means a project that finances national service programs using a national service pay for results model. 132. National Service Pay for Results Pilot Program (a) Notice Not later than 3 months after the date of enactment of this part, the Director shall publish in the Federal Register a request for proposals from eligible entities for national service pay for results projects in accordance with this section. (b) Required outcomes for National Service Pay for Results project To qualify as a national service pay for results project under this part, a project must effectively utilize volunteers to produce 1 or more measurable, clearly defined outcomes that result in Federal savings and social benefit through any of the activities described in subparagraphs (B) of paragraphs (1) through (5) of section 122(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(a) ) or described in section 103(a). (c) Application required The notice described in subsection (b) shall require an eligible entity to submit, not later than 6 months after the date of publication in the Federal Register under subsection (a), an application for the national service pay for results project that addresses each of the following: (1) The outcome goals of the project. (2) The anticipated number of volunteers needed to implement the project. (3) The criteria used to determine the eligibility of a volunteer for the project, including how the potential volunteers will be identified, how such volunteers will be recruited for the project, and how such volunteers will be trained for their roles in the project. (4) A description of each intervention in the project and anticipated outcomes of the intervention. (5) A plan for implementing each intervention through the use of volunteers. (6) Rigorous evidence demonstrating that the intervention can be expected to produce the desired outcomes. (7) The target population that will be served by the project. (8) The expected social benefits to individuals who receive the intervention, the volunteers working on the project, and others who may be impacted. (9) The projected cost to the eligible entity to carry out the project, and any costs to the Federal, State, or local government associated with the project. (10) Projected Federal, State, and local government savings and other savings, including an estimate of the savings to the Federal Government, on a program-by-program basis and in the aggregate, if the project is implemented and the outcomes are achieved as a result of the intervention. (11) If savings resulting from the successful completion of the project are estimated to accrue to a State or local government, the likelihood of the State or local government to realize those savings. (12) A description of the expertise of the eligible entity, including a summary of the experience of the entity in delivering the proposed intervention or a similar intervention, or demonstrating that the entity has the expertise necessary to deliver the proposed intervention. (13) An explanation of the experience of the eligible entity in raising private and philanthropic capital to fund social service investments. (14) A description of the expertise of investors that the eligible entity intends to partner with, to the extent that the eligible entity may have identified those investors by the time the application is submitted. (15) A summary of the unmet need in the area where the intervention will be delivered or among the target population who will receive the intervention. (16) The proposed payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (17) The project budget. (18) The project timeline, provided that all projects shall be limited to a duration of 5 years. (19) The criteria used to determine the eligibility of an individual to be served by the project, including how selected populations will be identified, how they will be referred to the project, and how they will be enrolled in the project. (20) The evaluation design. (21) The metrics that will be used in the evaluation to determine whether the outcomes have been achieved as a result of the intervention and how the metrics will be measured. (22) An explanation of how the metrics used in the evaluation to determine whether the outcomes achieved as a result of the intervention are independent, objective indicators of impact and are not subject to manipulation by the eligible entity or investor. (23) A summary explaining the independence of the evaluator from the other entities involved in the project and the evaluator's experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions. (24) Any potential payment disputes related to the outcomes of the evaluation. (25) The capacity of the eligible entity to deliver the intervention to the number of volunteers the eligible entity proposes to serve in the project. 133. Awarding National Service Pay for Results Pilot Program funds (a) Timeline in awarding agreement (1) In General Not later than 3 months after the deadline for applications in accordance with section 132 has expired, the Director shall select not less than 4 and not more than 6 eligible entities to participate in national service pay for results projects. (2) Fewer applicants Notwithstanding paragraph (1), if fewer than 4 eligible entities meet the requirements of this part, the Director may select fewer than 4 entities. (b) Considerations in awarding agreement In determining whether to enter into an agreement for a national service pay for results project (the application for which was submitted under section 132) the Director shall— (1) seek to ensure geographic diversity in selected entities, including by selecting not less than 1 eligible entity that plans to serve a rural community and not less than 1 eligible entity that plans to serve an urban community; and (2) consider— (A) the anticipated utilization of volunteers, and whether the eligible entity plans to utilize volunteers who come from a high-risk background; (B) the value to the Federal Government of the outcomes expected to be achieved if the outcomes specified in the agreement are achieved as a result of the intervention; (C) the likelihood, based on evidence provided in the application and other evidence, that the eligible entity will achieve those outcomes; (D) the savings to the Federal Government if the outcomes specified in the agreement are achieved as a result of the intervention; (E) the savings to State and local governments if the outcomes specified in the agreement are achieved as a result of the intervention; and (F) the expected quality of the evaluation that would be conducted with respect to the agreement. (c) Agreement authority (1) Agreement requirements The Director may enter into an agreement for a national service pay for results project with an eligible entity selected under this part if the Director determines that each of the following requirements are met: (A) The eligible entity agrees to achieve 1 or more outcomes as a result of the intervention, as specified in the agreement and validated by independent evaluation, in order to receive payment. (B) The Federal payment to the eligible entity for each specified outcome achieved as a result of the intervention is less than or equal to the value of the outcome to the Federal Government over a period not to exceed 10 years, as determined by the Director, in consultation with the entity. (C) The project will begin not more than 12 months after the eligible entity has been selected. (D) The duration of the project does not exceed 5 years. (E) The eligible entity has demonstrated, through the application submitted under section 132, that, based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the intervention can be expected to achieve each outcome specified in the agreement. (F) The eligible entity has experience raising private or philanthropic capital to fund social service investments. To the extent the eligible entity does not have such experience or is unable to secure private or philanthropic capital prior to its application submission, the Director may assist selected programs in attaining such funding. (G) The eligible entity applying for the program has shown that it has experience delivering the intervention, a similar intervention, or has otherwise demonstrated the expertise necessary to deliver the intervention. (H) The project will utilize volunteers to implement the intervention. (2) Ability to finance project (A) Plan On the date that is 6 months after the date of an agreement under this subsection— (i) the eligible entity shall provide the Director with a plan demonstrating that the entity has the capability to fully fund the up-front costs of the project and will have such funds available and reserved for the project not later than 1 year after the date of such agreement; and (ii) if the Director finds that the eligible entity is not likely to have the capability to fully fund the up front costs of the project, the Director may terminate such agreement. (B) Funds reserved On the date that is 6 months after the date of an agreement under this subsection, if the eligible entity does not have the funds available and reserved to fully fund the up-front costs of the project, the Director may terminate the agreement under this subsection. (3) Impact of selection Subject to paragraph (2), for purposes of applying provisions of part A and part C, if the Director enters into an agreement with an entity for a project under this section— (A) except with respect to provisions that are otherwise specified in this part, the entity shall be considered a sponsoring organization of VISTA; and (B) subject to subsection (d) and except with respect to provisions that are otherwise specified in this part, the volunteers participating in that project shall be considered VISTA volunteers. (4) Payment (A) In General The eligible entity selected under this part shall pay the entire up-front costs of the project under this part. (B) Outcome payment The Director shall pay the selected eligible entity, after completion of the project, only if the independent evaluator described in section 134(b) determines that the national service pay for results project has met the requirements specified in the agreement and achieved an outcome as a result of the intervention, as specified in the agreement and validated by independent evaluation. (C) Amount of payment The Director shall have discretion in determining the amount of funds awarded for each pay for results project under this part, except that such amount shall be specified as part of the agreement with each entity under this section. (d) Volunteers The assignment of volunteers under this part, and the provision of support for such volunteers, including any subsistence allowances and stipends, shall be on such terms and conditions as the Director shall determine to be appropriate, but shall not exceed the level of support provided under section 105. Projects using volunteers who do not receive stipends may also be supported under this part. 134. Evaluations (a) Authority To enter into agreements For each eligible entity awarded a national service pay for results project approved by the Director under this part, the Director shall enter into an agreement with such eligible entity to pay for all or part of the independent evaluation to determine whether the entity’s project has achieved a specific outcome as a result of the intervention in order for the selected entity to receive outcome payments under this part. (b) Evaluator qualifications The Director may not enter into an agreement with an entity under this section unless the Director determines that— (1) the evaluator is independent of the other parties to the agreement; and (2) the evaluator has demonstrated substantial experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well-implemented randomized controlled trials on the intervention or similar interventions. (c) Methodologies To be used The evaluation used to determine whether an eligible entity will receive outcome payments under this part shall use experimental designs using random assignment, or other reliable, evidence-based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. (d) Progress report (1) Submission of report The eligible entity shall ensure that the independent evaluator will— (A) not later than 2 years after a project has been approved by the Director and annually thereafter until the project is concluded, submit to the Director a written report summarizing the progress that has been made in achieving each outcome specified in the agreement; and (B) before the scheduled time of the first outcome payment and before the scheduled time of each subsequent payment, submit to the Director a written report that includes the results of the evaluation conducted to determine whether an outcome payment should be made along with information on the unique factors that contributed to achieving or failing to achieve the outcome, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to the CEO and Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Director shall submit the report to each of the authorizing committees. (e) Final report (1) Submission of report The eligible entity shall ensure that the independent evaluator will, not later than 6 months after the national service pay for results project is completed— (A) evaluate the effects of the activities undertaken pursuant to the agreement with regard to each outcome specified in the agreement; and (B) submit to the Director a written report that includes the results of the evaluation and the conclusion of the evaluator as to whether the eligible entity has fulfilled each obligation of the agreement, along with information on the unique factors that contributed to the success or failure of the project, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to the CEO and Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Director shall submit the report to each authorizing committees. (f) Limitation on cost of evaluations Of the amounts appropriated to carry out this part, the Director may not obligate more than 15 percent to evaluate the implementation and outcomes of the projects under this part. 135. Funding (a) Prohibition on Federal funding for credit enhancements No amount appropriated to carry out this part may be used to provide any insurance, guarantee, or other credit enhancement to an eligible entity under which a Federal payment would be made to an eligible entity, as the result of such entity failing to achieve an outcome specified in an agreement. (b) Matching funds requirements not applicable An entity awarded an agreement under this part shall not be subject to a matching funds requirement. . 5. Authorization of appropriations There are authorized to be appropriated a total of $5,000,000— (1) to carry out part IV of subtitle H of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12653 et seq. ), as amended by sections 2 and 3 of this Act; and (2) to carry out part D of title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s2240is/xml/BILLS-117s2240is.xml |
117-s-2241 | II 117th CONGRESS 1st Session S. 2241 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hickenlooper (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Public Utility Regulatory Policies Act of 1978 to require States to consider measures to promote greater electrification of the transportation sector, and for other purposes.
1. Short title This Act may be cited as the Responsibly and Equitably Change How Auto-charging Rates Get Evaluated Act or the RECHARGE Act . 2. Consideration of measures to promote greater electrification of the transportation sector (a) In general Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: (20) Electric vehicle charging programs Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that— (A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure; (B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles; (C) accelerate both third-party investment and investments by electric utilities in electric vehicle charging stations for light-, medium-, and heavy-duty vehicles; and (D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure. . (b) Compliance (1) Time limitation Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (7) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). (B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d). . (2) Failure to comply Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding at the end the following: In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph. . (3) Prior State actions (A) In general Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended by adding at the end the following: (g) Prior State actions Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); (2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or (3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment. . (B) Cross-reference Section 124 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2634 ) is amended— (i) by striking this subsection each place it appears and inserting this section ; and (ii) by adding at the end the following: In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s2241is/xml/BILLS-117s2241is.xml |
117-s-2242 | II 117th CONGRESS 1st Session S. 2242 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Murray (for herself, Mr. Booker , Ms. Baldwin , Mr. Bennet , Mr. Blumenthal , Mr. Brown , Ms. Cantwell , Mr. Carper , Mr. Casey , Ms. Cortez Masto , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , Mrs. Gillibrand , Ms. Hirono , Mr. Kaine , Mr. King , Ms. Klobuchar , Mr. Markey , Mr. Menendez , Mr. Merkley , Mr. Murphy , Mr. Padilla , Mr. Reed , Ms. Rosen , Mr. Sanders , Mr. Schatz , Mrs. Shaheen , Ms. Sinema , Ms. Smith , Ms. Stabenow , Mr. Van Hollen , Ms. Warren , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit commercial sexual orientation conversion therapy, and for other purposes.
1. Short title This Act may be cited as the Therapeutic Fraud Prevention Act of 2021 . 2. Findings Congress makes the following findings: (1) Being lesbian, gay, bisexual, transgender, or gender nonconforming is not a disorder, disease, illness, deficiency, or shortcoming. (2) The national community of professionals in education, social work, health, mental health, and counseling has determined that there is no scientifically valid evidence that supports the practice of attempting to prevent a person from being lesbian, gay, bisexual, transgender, or gender nonconforming. (3) Such professionals have determined that there is no evidence that conversion therapy is effective or that an individual’s sexual orientation or gender identity can be changed by conversion therapy. (4) Such professionals have also determined that the potential risks of conversion therapy are not only that it is ineffective, but also that it is substantially dangerous to an individual’s mental and physical health, and has been shown to contribute to depression, self-harm, low self-esteem, family rejection, and suicide. (5) It is in the interest of the Nation to prevent lesbian, gay, bisexual, transgender, and gender nonconforming people and their families from being defrauded by persons seeking to profit by offering this harmful and wholly ineffective therapy. 3. Definitions In this Act: (1) Conversion therapy The term conversion therapy — (A) means any practice or treatment by any person that seeks to change another individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person— (i) receives monetary compensation in exchange for such practice or treatment; or (ii) instead of, or in addition to, receiving monetary compensation in exchange for such practice or treatment directly, receives monetary compensation in exchange for a product or service that is integral to the provision of such practice or treatment by such person, unless such product or service is protected by the First Amendment to the Constitution; and (B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that— (i) provides assistance to an individual undergoing a gender transition; or (ii) provides acceptance, support, and understanding of a client or facilitation of a client’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. (2) Gender identity The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3) Person The term person means any individual, partnership, corporation, cooperative, association, or any other entity. (4) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. 4. Unlawful conduct related to conversion therapy (a) In general It shall be unlawful for any person— (1) to provide conversion therapy to any individual; or (2) to advertise for the provision of conversion therapy and claim in such advertising— (A) to change another individual’s sexual orientation or gender identity; (B) to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender; or (C) that such efforts are harmless or without risk to individuals receiving such therapy. (b) Enforcement by Federal Trade Commission (1) Violation of rule A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates subsection (a) 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) Regulations The Federal Trade Commission may promulgate, in accordance with section 553 of title 5, United States Code, such regulations as the Commission considers appropriate to carry out this section. (c) Enforcement by Attorney General The Attorney General may bring a civil action in the courts of the United States against a person who engages in a violation of subsection (a), for appropriate relief. (d) Enforcement by States (1) In general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates subsection (a), the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission (A) Notice to federal trade commission (i) In general Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Federal Trade Commission that the attorney general intends to bring such civil action. (ii) Contents The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which— (i) the defendant is an inhabitant, may be found, or transacts business; or (ii) venue is proper under section 1391 of title 28, United States Code. (6) Actions by other state officials (A) In general In addition to a civil action brought by an attorney general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 5. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and its application to any person or circumstance shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s2242is/xml/BILLS-117s2242is.xml |
117-s-2243 | II 117th CONGRESS 1st Session S. 2243 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Smith (for herself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to improve the Rural Energy for America Program, and for other purposes.
1. Short title This Act may be cited as the Rural Energy for America Program (REAP) Improvement Act of 2021 . 2. Rural Energy for America Program (a) In general Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) in the matter preceding subparagraph (A) (as so redesignated), by striking The Secretary and inserting the following: (1) In general The Secretary ; (C) in paragraph (1) (as so designated), in the matter preceding subparagraph (A) (as so redesignated), by inserting (referred to in this section as the Program ) after Program ; and (D) by adding at the end the following: (2) Climate benefits In carrying out the Program, the Secretary shall promote the reduction of greenhouse gas emissions in projects funded by grants and other financial assistance under the Program. ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (D), by striking and at the end; (ii) by redesignating subparagraph (E) as subparagraph (G); and (iii) by inserting after subparagraph (D) the following: (E) a producer cooperative; (F) a nongovernmental organization; and ; and (B) in paragraph (3)— (i) in subparagraph (E), by striking and at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (G) the potential of the proposed program to reduce greenhouse gas emissions and provide other climate benefits. ; (3) in subsection (c)— (A) in paragraph (1)(A)— (i) in clause (i), in the matter preceding subclause (I), by striking producers and inserting producers, producer cooperatives, electric cooperatives, ; and (ii) in clause (ii), in the matter preceding subclause (I), by striking producers and inserting producers, producer cooperatives, and electric cooperatives ; (B) in paragraph (2)— (i) in subparagraph (F), by striking and at the end; (ii) by redesignating subparagraph (G) as subparagraph (H); and (iii) by inserting after subparagraph (F) the following: (G) the potential of the renewable energy system to reduce greenhouse gas emissions and result in other climate benefits; and ; and (C) in paragraph (3)(A), by striking 25 percent and inserting 50 percent ; (4) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (i), respectively; (5) by inserting after subsection (c) the following: (d) Streamlined application process The Office of Rural Development shall develop a streamlined application process, including within each tier described in subsection (c)(4), under which an entity may apply for a grant under subsection (b), financial assistance under subsection (c), or both. ; (6) in subsection (e) (as so redesignated)— (A) in the subsection heading, by striking Outreach and inserting Outreach, technical assistance, and education ; (B) by striking that adequate and inserting the following: that— (1) adequate ; (C) in paragraph (1) (as so designated), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (2) outreach, technical assistance, and education is provided to recipients of grants and other financial assistance under the Program relating to integrating renewable energy projects on land shared with crops or livestock. ; (7) by inserting after subsection (f) (as so redesignated) the following: (g) Study (1) Definition of dual-use energy system In this subsection, the term dual-use energy system means a system under which renewable energy production and agricultural production, including crop or animal production, occur together on the same piece of land. (2) Study The Secretary shall carry out a study on dual-use energy systems. (3) Report Not later than 2 years after the date of enactment of the Rural Energy for America Program (REAP) Improvement Act of 2021 , the Secretary shall submit to Congress a report on the results of the study carried out under paragraph (2), which shall include a recommendation as to whether the scope of grants and other financial assistance under the Program should be expanded to cover projects that generate more energy without significantly impacting farm operations or leading to the conversion of existing farm land. (h) Energy generated There shall not be any restriction imposed on the quantity of energy that is generated under a project funded by a grant or other financial assistance provided under the Program for the benefit of the recipient of the grant or other financial assistance. ; and (8) in subsection (i) (as so redesignated)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking expended— and all that follows through the period at the end of subparagraph (E) and inserting expended, $150,000,000 for each of fiscal years 2021 through 2030. ; (ii) by striking Of the funds and inserting the following: (A) In general Of the funds ; and (iii) by adding at the end the following: (B) Additional funds In addition to amounts made available under subparagraph (A), there is appropriated to the Secretary to carry out this section, out of funds in the Treasury not otherwise appropriated, $1,000,000,000, to remain available until expended. ; (B) in paragraph (2)(A), by striking paragraph (1) and inserting paragraph (1)(A) ; and (C) by adding at the end the following: (4) Reserve fund (A) In general There is established a reserve fund for the purpose of providing grants and other financial assistance under the Program relating to underused renewable energy technologies. (B) Funds For each fiscal year, not less than 15 percent of the funds made available under paragraphs (1)(A) and (3) to carry out this section for that fiscal year shall be transferred to the reserve fund established by subparagraph (A). . (b) Conforming amendments Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended by striking subsection (f) each place it appears and inserting subsection (i) . | https://www.govinfo.gov/content/pkg/BILLS-117s2243is/xml/BILLS-117s2243is.xml |
117-s-2244 | II 117th CONGRESS 1st Session S. 2244 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Kaine (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 provide for teacher and school leader quality enhancement and to enhance institutional aid.
1. Short title This Act may be cited as the Preparing and Retaining Education Professionals Act of 2021 or the PREP Act of 2021 . 2. Teacher and school leader quality enhancement Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended to read as follows: II Teacher and school leader quality enhancement 200. Definitions In this title: (1) 2+2 program The term 2+2 program means a partnership between a junior or community college, as defined in section 312, and a 4-year degree-granting institution of higher education in which teacher candidates can begin teacher preparation in the junior or community college and fully transfer their credits to the 4-year institution of higher education, where the students complete their teacher preparation. (2) Arts and sciences The term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. (3) Children from low-income families The term children from low-income families means children described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. (4) Comprehensive literacy instruction The term comprehensive literacy instruction has the meaning given the term in section 2221(b)(1) of the Elementary and Secondary Education Act of 1965. (5) Core academic subjects The term core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, career and technical education, and geography. (6) Early childhood educator The term early childhood educator means an individual with primary responsibility for teaching children in an early childhood education program. (7) Educational service agency The term educational service agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (8) Effective early childhood educator The term effective childhood educator means an educator— (A) with specialized education, credentials, and preparation in development and education of young children from birth until entry into kindergarten; (B) with— (i) a baccalaureate degree with coursework in early childhood education; or (ii) an associate’s degree in a related educational area; and (C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas, as determined by the State and which may be based on coursework or credit requirements, or passage of an assessment associated with quality early childhood education. (9) Eligible partnership The term eligible partnership means an entity that— (A) shall include— (i) a State educational agency; (ii) a high-need local educational agency, a high-need school or a consortium of high need schools served by a high-need local educational agency, or, as applicable, a high-need early childhood education program; and (iii) a partner institution, which may include a school, department, or program of education within such partner institution, including in a graduate level program, that is State-accredited and is eligible to receive Federal funds under title IV, which may include an existing teacher or school leader preparation program with proven outcomes within a 4-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title; and (B) may include any of the following: (i) A school or department of arts and sciences within the partner institution. (ii) The Governor of the State. (iii) The State board of education. (iv) The State agency for higher education. (v) A business. (vi) A public or private nonprofit educational organization. (vii) An educational service agency. (viii) A teacher or school leader organization. (ix) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership. (x) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965). (xi) A school or department within the partner institution that focuses on psychology and human development. (xii) A school or department within the partner institution that focuses on comprehensive literacy instruction including child or adolescent literacy. (xiii) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development. (xiv) A State accredited nonprofit entity that is eligible to receive funding under title IV operating a program that provides alternative routes to State certification of teachers or school leaders. (10) English learner The term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (11) Evidence-based The term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (12) High-need early childhood education program The term high-need early childhood education program means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency. (13) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) (i) for which not less than 40 percent of the children served by the agency are children from low-income families; (ii) that serves not fewer than 10,000 children from low-income families; (iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 5211(b) of the Elementary and Secondary Education Act of 1965; or (iv) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 5221(b) of the Elementary and Secondary Education Act of 1965; and (B) (i) for which there is a high percentage of teachers not teaching in the academic subject areas or grade levels in which the teachers were prepared or fully certified to teach; (ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure; (iii) for which there is a high percentage of positions in State-identified areas of teacher or school leader shortage, including in special education, English language instruction, science, technology, engineering, mathematics, and career and technical education; or (iv) for which a majority of schools are identified for comprehensive support and improvement under section 1111(c)(4)(D) of the Elementary and Secondary Education Act of 1965, targeted support and improvement under section 1111(d)(2) of the Elementary and Secondary Education Act of 1965, or additional targeted support under section 1111(d)(2)(C) of the Elementary and Secondary Education Act of 1965. (14) High-need school The term high-need school means a school that, based on the most recent data available, is— (A) an elementary school in which not less than 50 percent of the enrolled students are from low-income families; (B) a secondary school in which not less than 40 percent of the enrolled students are from low-income families; or (C) identified for comprehensive support and improvement under section 1111(c)(4)(D) of the Elementary and Secondary Education Act of 1965, targeted support and improvement under section 1111(d)(2) of the Elementary and Secondary Education Act of 1965, or additional targeted support under section 1111(d)(2)(C) of the Elementary and Secondary Education Act of 1965. (15) Induction program The term induction program means a formalized program for new teachers or school leaders during not less than the teachers’ or school leaders’ first 2 years of, respectively, teaching or leading, that is designed to provide support for, and improve the professional performance and advance the retention in the teaching or leading field of, beginning teachers or school leaders. Such program shall promote effective teaching and leadership skills and shall include the following components: (A) High-quality and structured teacher or school leader mentoring led by a trained and expert mentor who has demonstrated high skill and effectiveness and who teaches or leads, or has taught or led, in the same or similar field, grade, or subject as the mentee. (B) Periodic, structured time for collaboration with teachers or leaders in the same department or field, including mentor teachers or leaders, as well as time for information-sharing among teachers, principals, administrators, other appropriate instructional staff, and participating faculty in the partner institution. (C) The application of evidence-based practice and research on instructional practices. (D) Opportunities for new teachers or school leaders to draw directly on the expertise of teacher or leader mentors, faculty, and researchers, including through mentor observation and feedback, to support the integration of evidence-based research and practice. (E) The development of evidence-based skills in instructional and behavioral supports and interventions, including alignment with State standards on teaching and school leadership. (F) Faculty or program staff who— (i) model the integration of research and practice in the classroom; (ii) model personalized instruction; and (iii) assist new teachers with the effective use and integration of technology in the classroom or school to support instruction. (G) Interdisciplinary collaboration among exemplary teachers, school leaders, faculty, researchers, and other staff who prepare new teachers or school leaders with respect to the learning process and the assessment of learning, including the development, analysis, and use of formative, interim, and summative assessments. (H) The development skills to implement and support evidence-based practices that create a positive school culture and climate. (I) Assistance with the understanding of data, particularly student achievement and classroom engagement data (such as attendance and discipline rates and other measures of school climate), and the applicability of such data in classroom and school instruction and design. (J) Regular and structured observation and assessment of new teachers and school leaders by multiple assessors, using valid and reliable measures of teaching and leadership skills in order to inform efforts to support new teachers and school leaders and improve their practice. (16) Parent The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (17) Partner institution The term partner institution means a public or nonprofit institution of higher education eligible to receive Federal funds under title IV, which may include a 2-year State- or regionally accredited institution of higher education offering a dual program with a 4-year State-accredited institution of higher education, participating in an eligible partnership that has a State-accredited teacher, or, where relevant, school leader, preparation program— (A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers, or school leaders, through— (i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching or leading have passed all of the applicable State qualification assessments for new teachers or leaders, which shall include an assessment of each prospective teacher’s subject matter knowledge and pedagogical skills in the content area in which the teacher intends to teach, or leadership skills; or (ii) being ranked among the highest-performing teacher or leader preparation programs in the State, as determined by the State— (I) based on the requirements for the State report card under section 205(b) before the first publication of such report card; and (II) using the State report card on teacher preparation required under section 205(b), after the first publication of such report card and for every year thereafter; and (B) that requires— (i) each student in the program to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience; (ii) each student in the program to develop teaching skills, as described in paragraph (23), or school leadership skills, as described in paragraph (19); and (iii) each student in the program preparing to become an early childhood educator to meet degree requirements, as established by the State, and become highly competent. (18) Professional development The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (19) Rural area The term rural area has the meaning given the term in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ). (20) Rural school district The term rural school district means a school district that serves one or more schools located in a rural area. (21) School leader The term school leader has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (22) School leadership skills The term school leadership skills means skills that enable a school leader to— (A) develop and effectively implement a shared mission across a school that supports a rigorous and coherent system of curriculum, instruction, and assessment; (B) develop the professional capacity and practice of school personnel, including through the fostering of a professional community of teachers and other professional staff, in an effort to increase student learning and achievement; (C) create an inclusive and positive school environment, including through the implementation of culturally responsive and linguistically inclusive practices; (D) effectively communicate and work with parents to support student achievement; (E) effectively manage school operations and resources; and (F) support a system of continuous improvement. (23) Scientifically valid research The term scientifically valid research includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research. (24) Teacher or school leader mentoring The term teacher or school leader mentoring means the mentoring of new or prospective teachers or school leaders through a program that— (A) includes clear criteria for the selection of teacher or school leader mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher or school leader effectiveness; (B) provides high-quality training for such mentors, including instructional strategies for comprehensive literacy instruction and creating inclusive and supportive classroom environments (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports, including trauma-informed care and social and emotional learning); (C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching or leadership methods in classroom and school settings during the day in a high need school in the high-need local educational agency in the eligible partnership; (D) provides paid release time for mentors, as applicable; (E) for teachers, provides mentoring to each mentee by a colleague who teaches, or has taught, in the same field, grade, or subject as the mentee; (F) promotes empirically based practice of, and evidence-based research on, where applicable— (i) teaching and learning; (ii) assessment of student learning; (iii) the development of teaching skills through the use of instructional and behavioral interventions; and (iv) the improvement of the mentees’ capacity to measurably advance student learning; and (G) includes— (i) common planning time or regularly scheduled collaboration for the mentor and mentee; and (ii) joint professional development opportunities. (25) Teaching or school leadership residency program The term teaching or school leadership residency program means a school-based teacher or school leader preparation program based upon models of effective teaching and leadership residencies in which a prospective teacher or school leader— (A) for not less than 1 academic year, teaches or leads alongside an expert mentor teacher who is the teacher of record or school leader; (B) receives concurrent, aligned, and rigorous graduate-level instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, and in the case of teachers, is in the teaching of the content area in which the teacher will become certified or licensed; (C) acquires effective teaching or school leadership skills through the integration of pedagogy, classroom or school practice, and teacher or leadership mentoring; and (D) prior to completion of the program, earns a master’s degree, attains full State teacher or school leader certification or licensure, and demonstrates the prerequisite skills to advance student learning, which may be measured by a teacher or school leader performance assessment. (26) Teaching skills The term teaching skills means skills that enable a teacher to— (A) increase student learning, achievement, and the ability to apply knowledge; (B) effectively convey, explain, and provide opportunities for students to develop the skills aligned with the full depth and breadth of the State challenging academic standards, including the application of academic subject matter; (C) effectively teach higher-order analytical, critical thinking, evaluation, problem-solving, and communication skills; (D) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on empirically based practice and evidence-based research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; and (iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs; (E) design and conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation) and use this information to inform and personalize instruction; (F) support the social, emotional, and academic achievement of all students, including effectively creating an inclusive classroom environment, including the ability to implement positive behavioral interventions, trauma-informed care, and other support strategies; (G) are culturally responsive and linguistically inclusive; (H) communicate and work with parents, and involve parents in their children’s education; and (I) use age-appropriate and developmentally appropriate strategies and practices for students in early childhood education programs and elementary schools and secondary schools. (27) Trauma-informed care The term trauma-informed care means the evidence-based practices identified in section 4108(5)(B)(ii)(II)(aa) of the Elementary and Secondary Education Act of 1965. 201. Purposes The purposes of this title are to— (1) improve student achievement; (2) improve the skills and effectiveness of prospective and new teachers and school leaders by improving the preparation of prospective teachers and school leaders and enhancing professional development activities for new teachers and school leaders; (3) hold teacher and school leader preparation programs accountable for preparing teachers with teaching skills, as described in section 200(23), and school leaders with school leadership skills, as described in section 200(19); and (4) recruit well-prepared individuals, including individuals from underrepresented populations and individuals from other occupations, into the teaching and school leadership force with an emphasis on areas of State-identified teacher shortage, and where available, school leader shortage. 202. Partnership grants (a) Program authorized From amounts made available under section 210, excluding amounts reserved under subsection (k), the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c). (b) Application Each eligible partnership 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. Each such application shall contain— (1) a needs assessment of the partners in the eligible partnership with respect to the preparation, ongoing professional development, and retention of general education, English language, and special education teachers, principals, and other school leaders, and, as applicable, early childhood educators, including any information provided by the State or local educational agency regarding teacher and school leader shortage areas, including in special education, English language, science, technology, engineering, mathematics, and career and technical education, and areas of inequitable distribution of certified, experienced, and effective teachers and school leaders; (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with effective teaching skills or prepare prospective and new school leaders with strong school leadership skills; (3) a description of how such program will prepare prospective and new teachers or school leaders to understand and use research and data to modify and improve classroom or schoolwide instruction and student engagement; (4) a description of— (A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher or school leader preparation or professional development programs, including programs funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation; (B) how the activities of the partnership will be consistent with and support State, local, and other education reform activities that promote teacher and school leader effectiveness and student academic achievement; (C) how the eligible partnership will support the development and assessment of all teaching candidates in effectively teaching subject matter and supporting the academic achievement and nonacademic needs of all students, such as— (i) effectively managing a classroom to create a positive and inclusive classroom environment; (ii) developing interpersonal and intrapersonal skills that contribute to academic success; (iii) designing and conducting ongoing assessments of student learning, which may include the use of formative, performance-based, project-based, or portfolio assessments that measure higher order thinking skills; (iv) learning how to use this information to inform and personalize instruction and differentiate instruction, including working with students with special needs; (v) effectively using and integrating technology in the classroom to support evidence-based instruction; and (vi) where appropriate, the skills necessary to implement advanced coursework programs, such as dual or concurrent enrollment programs, early college high school, Advanced Placement, International Baccalaureate, and talented and gifted; (D) how the eligible partnership will develop and implement a competitive and comprehensive selection and screening process intended to recruit high-ability, diverse candidates; and (E) how the eligible partnership will develop strong local educational agency-institution partnerships (which may include collaboration with teacher and school leader representatives within the local educational agency) that co-design the coursework and residency or clinical-placement program to ensure candidates develop an understanding of the students and families in the communities in which they will be teaching, prepare candidates to teach in those communities, and understand school contexts to address needs in the local educational agency; (5) an assessment that describes the resources available to the eligible partnership, including— (A) the integration of funds from other related sources; (B) the intended use of the grant funds; and (C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty participation, and time commitments, and to the continuation of the activities when the grant ends; (6) a description of— (A) how the eligible partnership will meet the purposes of this title; (B) how the partnership will carry out the activities required under subsection (d) or (e), based on the needs identified in paragraph (1), with the goal of improving student academic achievement and closing achievement gaps in student performance across subgroups of students, as described in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965; (C) if the partnership chooses to use funds under this section for a project or activities under subsection (f) or (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement and closing achievement gaps in student performance across subgroups of students, as described in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965; (D) the partnership’s evaluation plan under section 204(a); (E) how the partnership will align the teacher or school leader preparation program under subsection (c) with the— (i) as applicable, State early learning standards for early childhood education programs, as appropriate, and with the relevant domains of early childhood development; (ii) student academic achievement standards and academic content standards under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located; and (iii) professional development activities identified under section 2101 and section 2103 of the Elementary and Secondary Education Act of 1965 and where applicable, the school improvement activities identified under section 1111(d) of the Elementary and Secondary Education Act of 1965; (F) for a teacher preparation program, how the partnership will prepare general education teachers to teach students with disabilities, including preparation related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act and for a school leadership preparation program, how the partnership will prepare prospective school leaders to ensure that students with disabilities receive special education and related services, consistent with the requirements of the Individuals with Disabilities Education Act, that are needed for those students to meet the challenging State academic standards; (G) how the partnership will prepare general education and special education teachers to teach students who are English learners, including how to ensure that students who are English learners receive the services needed to meet the challenging State academic standards; (H) how faculty at the partner institution will work, during the term of the grant, with effective teachers in the classrooms of high-need schools served by the high-need local educational agency in the partnership to— (i) provide high-quality, evidence-based professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and (ii) develop other classroom teachers, and other educators as appropriate, to implement the elements of comprehensive literacy instruction; (I) how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice residency or clinical program component; (J) how the partnership will support in-service professional development strategies and activities; and (K) how the partnership will collect, analyze, and use data on the retention of all teachers, school leaders, and early childhood educators, including where available, data on working conditions and school climate, in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and educator support system; and (7) with respect to the induction program required as part of the activities carried out under this section— (A) a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, including in creating inclusive and culturally responsive learning environments, as appropriate; (B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and involvement of faculty in, the use of evidence-based practice and scientifically valid research on teaching and learning; (C) a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first 2 years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers; and (D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation. (c) Use of grant funds An eligible partnership that receives a grant under this section shall use grant funds to carry out programs identified under subsections (d) through (g), or a combination of such programs. (d) Partnership grants for pre-Baccalaureate preparation of teachers An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following: (1) Reforms (A) In general Implementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood educator programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— (i) preparing— (I) new or prospective teachers to develop teaching skills, as described in section 200(23), including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are English learners who may also teach multiple subjects; (II) such teachers and, as applicable, early childhood educators, to understand empirically based practice and scientifically valid research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement and engagement; and (III) as applicable, early childhood educators to be highly effective; and (ii) promoting effective teaching skills and techniques to improve children’s cognitive, social, emotional, and physical development. (B) Required reforms The reforms described in subparagraph (A) shall include— (i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills and are prepared to provide classroom instruction aligned to the full depth and breadth of the State’s challenging academic standards; (ii) using empirically based practice and evidence-based research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators— (I) understand and can implement research based teaching practices in classroom instruction; (II) have knowledge of student learning methods; (III) possess skills to analyze student academic achievement and engagement data and other measures of student learning, and use such data and measures to improve classroom instruction and engagement; (IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to— (aa) meet the specific learning needs of all students, including students with disabilities, with a focus on the skills necessary to support students with high-incidence disabilities such as attention deficit/hyperactivity disorder, dyslexia, and dyscalculia/dysgraphia, students who are English learners, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs and students who are significantly overage and high school credit deficient; and (bb) differentiate instruction for such students; (V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; (VI) possess the skills to meet the academic, social, and emotional needs of students and create inclusive and culturally responsive learning environments; and (VII) can successfully employ effective strategies for comprehensive literacy instruction; (iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that prospective teachers receive preparation in both teaching and relevant content areas in order to develop teaching skills, as described in section 200(23), and become fully certified in the grade and content areas in which they will be teaching, which may include preparation in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals with Disabilities Education Act; (iv) developing and implementing an induction program; (v) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and (vi) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully. (2) Clinical experience and interaction Developing and improving a sustained and high-quality preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following: (A) Incorporate year-long opportunities for enrichment, including— (i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and (ii) closely supervised interaction between prospective teachers and assigned faculty, experienced and effective teachers, principals, other administrators, and school leaders at early childhood education programs, elementary schools, or secondary schools, and providing support for such interaction. (B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas. (C) Provide high-quality teacher mentoring. (D) Be offered over the course of a program of teacher preparation. (E) Be tightly aligned with coursework (and may be developed as a fifth year of a teacher preparation program). (F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency. (G) As applicable, provide preparation and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities. (H) Provide support and preparation for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual’s experience. Such support may include— (i) with respect to a prospective teacher or a mentor, release time for such individual’s participation; (ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and (iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor’s extra skills and responsibilities. (3) Induction programs for new teachers Creating an induction program for new teachers or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators. (4) Support and preparation for participants in early childhood education programs In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education. (5) Teacher or school leader recruitment Developing and implementing effective mechanisms (which may include State-accredited alternative routes to full State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals with teaching skills, as described in section 200(23), or school leadership skills, as described in section 200(19), through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching or school leadership profession— (A) individuals from under represented populations; (B) individuals to teach or lead in rural communities in school leader or teacher shortage areas, including mathematics, science, special education, and the instruction of students who are English learners; and (C) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction. (6) Comprehensive literacy training Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers to provide the elements of comprehensive literacy instruction. (e) Partnership grants for the establishment of teaching residency programs (1) In general An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program as follows: (A) The effective teaching residency program shall include all of the following activities: (i) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership in which the teacher resident teaches alongside an effective teacher of record for at least 1 academic year while engaging in initial preparation coursework. (ii) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school. (iii) Ensuring that teaching residents who participate in the teaching residency program receive— (I) effective preservice preparation as described in paragraph (2), with an emphasis on— (aa) developing instructional strategies in the teaching of the content area in which the teacher will become certified to teach; (bb) planning, curriculum development, and assessment; (cc) child and adolescent learning and development; (dd) creating an inclusive and supportive classroom environment; (ee) supports for language development; (ff) supports for serving students with disabilities; and (gg) developing professional responsibilities, including interaction with families and colleagues; (II) teacher mentoring; (III) the opportunity to meet the requirements to earn an initial teaching credential; and (IV) the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2). (B) The effective teaching residency program may include implementing an induction program as the teaching residents enter the classroom as new teachers, including tuition assistance and a living stipend. (2) Teaching residency programs (A) Establishment and design A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs: (i) The integration of pedagogy, classroom practice, and teacher mentoring. (ii) Engagement of teaching residents in rigorous graduate-level course work to earn a master’s degree while undertaking a guided teaching apprenticeship. (iii) Experience and learning opportunities alongside a well-prepared and experienced mentor teacher— (I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework; (II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and (III) who may be relieved from teaching duties as a result of such additional responsibilities. (iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observations of the following: (I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning. (II) Appropriate instruction that engages students with different learning styles. (III) Collaboration with colleagues to improve instruction. (IV) Analysis of gains in student learning, based on multiple measures that are valid and reliable and that, when feasible, may include valid, reliable, and objective measures of the influence of teachers on the rate of student academic progress. (V) In the case of mentor candidates who will be mentoring new or prospective literacy and mathematics coaches or instructors, appropriate skills in the elements of comprehensive literacy instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate. (v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents. (vi) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and (II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession. (vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first two years of teaching. (B) Selection of individuals as teacher residents (i) Eligible individual In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall— (I) be a recent graduate of a 2-year or enrolled in a 4-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and (II) submit an application to the teaching residency program. (ii) Selection criteria An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests. (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. (C) Stipends or salaries; applications; agreements; repayments (i) Stipends or salaries A teaching residency program under this subsection shall provide a 1-year living stipend or salary to teaching residents during the 1-year teaching residency program, which may include the use of additional funding provided under an AmeriCorps position assisted by the Corporation for National and Community Service towards such stipends or salaries. (ii) Applications for stipends or salaries Each teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (iii) Agreements to serve Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— (I) serve as a full-time teacher for a total of not less than 3 academic years immediately after successfully completing the 1-year teaching residency program; (II) fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership; (III) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service; (IV) meet the requirements to be a fully State-certified teacher, when the applicant begins to fulfill the service obligation under this clause; and (V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause. (iv) Repayments (I) In general A grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (II) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident’s service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (III) Use of repayments An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection. (f) Partnership grants for the establishment of Grow Your Own programs (1) In general An eligible partnership that receives a grant under this section may carry out an effective Grow Your Own program to address subject or geographic areas of teacher or school leader shortages or increase the diversity of the teacher or school leader workforce. (2) Elements of a Grow Your Own program A Grow Your Own program carried out under this subsection shall— (A) integrate career-focused courses on education topics with school-based learning experience; (B) provide opportunities for candidates to practice and develop the skills and dispositions described in paragraphs (19) and (23) of section 200; (C) support candidates as they complete their associate, baccalaureate, or master’s degree and earn their teaching or school leadership credential and may include a 2+2 program; and (D) offer financial aid, in addition to financial assistance that may be received under title IV, to candidates and work in partnership with members of the eligible partnership to provide academic, counseling, and programmatic supports. (3) Establishment and design To create and enhance multiple pathways to enter the educator and leadership workforce, an eligible partnership carrying out a Grow Your Own program under this subsection, in collaboration with organizations representing educators and leaders and additional stakeholders shall— (A) establish an advisory group to review barriers impacting underrepresented populations entering the teaching and school leadership profession, identify local teacher and leader workforce needs, develop policies on the creation or expansion of Grow Your Own programs, and provide guidance and oversight on the implementation of such programs; (B) track and evaluate the effectiveness of the program, including, at a minimum, using the data required under section 204(a)(1); (C) require candidates to complete all State requirements to become fully certified; (D) provide academic and testing supports, including advising and financial assistance, to candidates for admission and completion of education preparation programs as well as State licensure assessments; (E) include efforts, to the extent feasible, to recruit current paraprofessionals, as defined under section 8101 of the Elementary and Secondary Education Act of 1965, instructional assistants, district employees not certified to teach or lead (such as long-term substitute teachers), after school and summer program staff, parent school volunteers, retired military personnel, and other career changers with experience in hard to staff areas who are not currently certified to teach or lead with a specific focus on recruiting individuals who are reflective of the race, ethnicity, and native language of the existing community’s student population; and (F) provide a year-long clinical experience or teaching or school leadership residency with a stipend to cover living expenses. (g) Partnership grants for the development of school leadership programs (1) In general An eligible partnership that receives a grant under this section may carry out an effective school leadership program that shall include all of the following activities: (A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as superintendents, principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader). (B) Using a research-based curriculum that is aligned with developing leadership skills and, as applicable, techniques for school leaders to effectively— (i) provide instructional leadership, including by creating and maintaining a data-driven, professional learning community within the leader’s school where teachers, early childhood educators, staff, and students engage in continual learning and improvement; (ii) provide a climate conducive to the professional development of teachers and early childhood educators, with a focus on improving student academic achievement and engagement and the development of effective instructional leadership skills, including coaching, providing constructive feedback and support, and opportunities for teacher leadership; (iii) understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher and early childhood educator instruction and drive teacher, early childhood educator, and student learning, including how to use data and collective inquiry to identify problems and address needs, in collaboration with staff, parents, and community organizations; (iv) manage resources, including staffing, and school time to improve student academic achievement and engagement and ensure the school environment is safe and inclusive; (v) engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; (vi) understand how students learn and develop in order to create a positive and inclusive learning environment and increase academic achievement for all students; and (vii) understand how to support a curriculum aligned with the full breadth and depth of the State’s challenging academic standards and lead continuous school improvement efforts. (C) Ensuring that individuals who participate in the school leadership program receive— (i) effective preservice preparation as described in subparagraph (D); (ii) mentoring that provides ongoing and consistent feedback and support; (iii) structured learning and courses carried out in collaboration with a small group of peers, including opportunities to participate in professional learning communities; and (iv) if applicable, full State certification or licensure to become a school leader. (D) Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following: (i) Incorporate year-long opportunities for enrichment, including— (I) clinical learning in high-need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; and (II) closely supervised interaction and opportunities for feedback between prospective school leaders and faculty, new and experienced teachers, and new and experienced school leaders, in such high-need schools. (ii) Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable. (iii) Use context-specific problems to connect coursework and practice to enrich new school leaders’ skill development. (iv) Provide for mentoring of new school leaders. (E) Creating an induction program for new school leaders. (F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which may include an emphasis on recruiting into school leadership professions— (i) individuals from underrepresented populations; (ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader shortage areas; and (iii) individuals from the communities in which they plan to serve. (2) Selection of individuals for the leadership program In order to be eligible for the school leadership program under this subsection, an individual shall be enrolled in or preparing to enroll in an institution of higher education, and shall— (A) be a— (i) recent graduate of an institution of higher education; (ii) mid-career professional from outside the field of education with strong content knowledge or a record of professional accomplishment; (iii) current teacher who is interested in becoming a school leader; or (iv) school leader who is interested in becoming a superintendent; and (B) submit an application to the leadership program. (h) Evaluation and reporting The Secretary shall— (1) evaluate the programs assisted under this section; and (2) make publicly available a report detailing the Secretary’s evaluation of each such program. (i) Consultation (1) In general Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section. (2) Regular communication To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section. (3) Written consent The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent of such changes signed by all members of the eligible partnership. (j) Construction Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education. (k) State administrative and leadership activities (1) Reservation The Secretary shall reserve 10 percent of the amount appropriated under section 210 for a fiscal year for State leadership and administrative activities. (2) Allocation From the funds reserved under paragraph (1) for a fiscal year, the Secretary shall provide each State educational agency with an allocation. Such allocation shall be the same for each State educational agency. (3) Uses of funds Funds allocated to each State educational agency under paragraph (2) shall be used for— (A) administrative expenses required under this title, including expenses related to administering sections 205, 207, and 208; and (B) State leadership activities that are consistent with the purposes of this title, such as— (i) increasing the diversity of teachers and school leaders being prepared by institutions and programs in the State; (ii) ensuring that all graduates of teacher and school leader preparation programs in the State are well prepared to provide and support classroom instruction; (iii) identifying and addressing teacher and school leader shortages in the State; and (iv) other activities identified by the State educational agency that advance and improve teacher and school leader preparation. (l) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. 203. Administrative provisions (a) Duration; number of awards; payments (1) Duration A grant awarded under this title shall be awarded for a period of 5 years. (2) Number of awards An eligible partnership may not receive more than one grant during a 5-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. (b) Peer review (1) Panel The Secretary shall provide the applications submitted under this title to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority The Secretary, in funding applications under this title, shall— (A) give priority to eligible partnerships that— (i) support a State-accredited teacher or school leader preparation program that has a rigorous selection process and demonstrated success in having a diverse set of candidates complete the program, and entering and remaining in the profession; (ii) provide a 1-year preservice clinical or residency experience that includes the integration of coursework and clinical practice and offers cohorts of candidates the opportunity to learn to teach or lead in partner schools or teaching academies; and (iii) address rural teacher and leader shortages or increase the diversity of the teacher and leader workforce (including through supporting Grow Your Own models and partnerships between community colleges and 4-year institutions of higher education); and (B) provide for an equitable geographic distribution of grants among rural and urban areas. (3) Secretarial selection The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this title and the types of activities proposed to be carried out by the eligible partnership. (c) Matching requirements (1) In general Each eligible partnership receiving a grant under this title shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this title. (d) Limitation on administrative expenses An eligible partnership that receives a grant under this title may use not more than 2 percent of the funds provided to administer the grant. 204. Accountability and evaluation (a) Eligible partnership evaluation Each eligible partnership submitting an application for a grant under this title shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing— (1) achievement for all prospective and new teachers and school leaders, as measured by the eligible partnership, which includes at a minimum— (A) teacher or school leader retention in the first 3 years and the first 5 years of a teacher’s or school leader’s career after completion of the program and attainment of State certification; (B) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers or school leaders, including performance on a teacher or school leader performance assessment where applicable; (2) the percentage of teachers hired by the high-need local educational agency who are fully certified in the grade and content area in which they are assigned, or school leaders hired, where applicable— (A) participating in the eligible partnership; (B) who are members of underrepresented groups; (C) who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages); (D) who teach in high-need areas (including special education, language instruction educational programs for English learners, and early childhood education); and (E) who teach or lead in high-need schools, disaggregated by the elementary school and secondary school levels; (3) where available, data on teacher or school leader effectiveness, as defined by the State in which the teacher or school leader is placed; (4) where available, data from the high-need local education agency, consortium, or early childhood program obtained through mechanisms such as a survey and other district-level data, including data related to satisfaction with the partner institution, including strengths and weaknesses of teacher or school leader candidates, that would inform improvements in the partner institution’s program; and (5) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent. (b) Information An eligible partnership receiving a grant under this title shall ensure that teachers, principals, school superintendents, and other school leaders, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this title. (c) Revised application If the Secretary determines that an eligible partnership receiving a grant under this title is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this title, then the Secretary— (1) shall cancel the grant; and (2) may use any funds returned or available because of such cancellation under paragraph (1) to— (A) increase other grant awards under this title; or (B) award new grants to other eligible partnerships under this title. (d) Evaluation and dissemination The Secretary shall evaluate the activities funded under this title and report the findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate— (1) successful practices developed by eligible partnerships under this title; and (2) information regarding such practices that were found to be ineffective. 205. Accountability for programs that prepare teachers and school leaders (a) Institutional and program report cards on the quality of teacher and school leader preparation (1) Report card Each institution of higher education that conducts a traditional teacher or school leader preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following: (A) Goals and assurances (i) For the most recent year for which the information is available for the institution— (I) whether the goals set under section 206 have been met; and (II) a description of the activities the institution implemented to achieve such goals. (ii) A description of the steps the institution is taking to improve its performance in meeting the annual goals set under section 206. (iii) A description of the activities the institution has implemented to meet the assurances provided under section 206. (B) Pass rates and scaled scores For the most recent year for which the information is available for those students who took the assessments used for teacher or school leader certification or licensure by the State in which the program is located and are enrolled in the traditional teacher or school leader preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher or school leader preparation program or alternative routes to State certification or licensure program during the 2-year period preceding such year, for each of such assessments (disaggregated by race, ethnicity, and gender)— (i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment; (ii) the percentage of all students who passed such assessment, including the percentage of students who passed the assessment after taking the assessment for the first time; (iii) the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher or school leader preparation program or alternative routes to State certification or licensure program, as applicable; (iv) the average scaled score for all students who took such assessment; (v) a comparison of the program’s pass rates with the average pass rates for programs in the State; and (vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State. (C) Program information A description of— (i) the criteria for admission into the program; (ii) the number of students in the program (disaggregated by race, ethnicity, and gender); (iii) the range and average number of hours of supervised clinical experience required for those in the program; (iv) the number of full-time equivalent faculty and students in the supervised clinical experience; (v) the percentage and total number of program entrants who have completed the program (disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); (vi) the percentage and total number of program completers who have been certified or licensed as teachers or school leaders (disaggregated by subject and area of certification or licensure and by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); and (vii) the 3- and 5-year teacher or school leader retention rates, including, at a minimum, in the same school and local educational agency, and within the profession (disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student). (D) Statement In States that require approval or accreditation of teacher or school leader preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (E) Designation as low-performing Whether the program has been designated as low-performing by the State under section 207(a) and the years for which it has received that designation. (F) Use of technology A description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement. (G) Teacher preparation A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training on high-incidence disabilities, related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach students who are English learners. (2) Report Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this title and the objectives and measures described in section 204(a). (3) Fines The Secretary may impose a fine not to exceed $27,500 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner. (4) Special rule In the case of an institution of higher education that conducts a traditional teacher or school leader preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher or school leader certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period. (b) State report card on the quality of teacher and school leader preparation (1) In general Each State that receives funds under this Act shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher and school leader preparation in the State, both for traditional teacher and school leader preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following: (A) A description of the reliability and validity of the teacher or school leader certification and licensure assessments, and any other certification and licensure requirements, including whether a teacher or school leader performance assessment is used by the State. (B) The standards and criteria that prospective teachers or school leaders must meet to attain initial teacher or school leader certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades or lead within the State. (C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and, as applicable, State early learning standards for early childhood education programs. (D) For each of the assessments used by the State for teacher or school leader certification or licensure (disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student)— (i) for each institution of higher education located in the State and each entity located in the State, including those that offer an alternative route for teacher or school leader certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment; (ii) the percentage of all such students at all such institutions and entities who have taken the assessment who pass such assessment; (iii) the percentage of students who have taken the assessment who enrolled in and completed a teacher or school leader preparation program; and (iv) the average scaled score of individuals participating in such a program, or who have completed such a program during the 2-year period preceding the first year for which the annual State report card is provided, who took each such assessment. (E) A description of alternative routes to teacher or school leader certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education and whether such entities are nonprofit and State-accredited), if any, including, for each of the assessments used by the State for teacher or school leader certification or licensure (disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student)— (i) the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date for which the determination is made, who passed each such assessment; and (ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the first year for which the annual State report card is provided, who took each such assessment. (F) A description of the State’s criteria for assessing the performance of teacher or school leader preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs and the items identified in subparagraph (D) and relevant school leadership skills. (G) For each teacher and school leader preparation program in the State— (i) the criteria for admission into the program; (ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); (iii) the range and average number of hours of supervised clinical experience required for those in the program; (iv) whether the program is designated as low performing under section 207(a) and for which years; and (v) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience. (H) For the State as a whole, and for each teacher and school leader preparation program in the State, the number of teachers and school leaders prepared, in the aggregate and disaggregate by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student), and reported separately by— (i) area of certification or licensure; (ii) academic major; (iii) for teachers, subject area for which the teacher has been prepared to teach; (iv) placement in a teaching or school leadership position within six months of program completion; and (v) rates of 3- and 5-year teacher or school leadership retention including, at a minimum, in the same school and local educational agency, and within the profession. (I) Information on State-identified areas of teacher or school leader shortage, including a description of the extent to which teacher or school leader preparation programs are addressing such shortages and a lack of student access to experienced, fully certified, and effective teachers and school leaders. (J) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to teach students with disabilities effectively, including training on high-incidence disabilities and related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act. (K) A description of the activities that prepare teachers to— (i) integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; and (ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement. (L) The extent to which teacher preparation programs prepare teachers, including general education and special education teachers, to effectively teach students who are English learners. (2) Prohibition against additional reporting requirements Nothing in paragraph (1) shall be construed as authorizing, requiring, or allowing any additional reporting requirements to be requested by the Secretary under this title unless explicitly authorized under this Act. (3) Prohibition against creating a national list The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection. (c) Data quality The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. (d) Report of the Secretary on the quality of teacher and school leader preparation (1) Report card The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher and school leader qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (L) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this title. (2) Report to Congress The Secretary shall prepare and submit a report to the authorizing committees that contains the following: (A) A comparison of States’ efforts to improve the quality of the current and future teaching and school leadership force. (B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future teaching and school leadership force. (C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher or school leader certification or licensure. (3) Special rule In the case of a teacher or school leader preparation program with fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period. (e) Coordination The Secretary, to the extent practicable, shall coordinate the information collected and published under this title among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. 206. Teacher and school leader development (a) Annual goals Each institution of higher education that conducts a traditional teacher or school leader preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this Act, shall set annual quantifiable goals for increasing the number of prospective teachers prepared in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of English learners and any shortages in school leaders. (b) Assurances Each institution described in subsection (a) shall provide assurances to the Secretary that— (1) preparation provided to prospective teachers or school leaders responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach or lead, based on past hiring and recruitment trends and State-identified shortage areas; (2) preparation provided to prospective teachers or school leaders is aligned with the needs of schools and the instructional decisions new teachers or school leaders face in the classroom and which may be informed by data included in the statewide accountability system under section 1111(c) of the Elementary and Secondary Education Act of 1965, including a focus on addressing the data identifying low performance or gaps in student subgroup performance; (3) prospective special education teachers receive course work in core academic subjects and receive preparation in providing instruction in core academic subjects; (4) general education teachers and school leaders receive preparation in providing culturally responsive instruction and climate to diverse populations, including children with disabilities, English learners, and children from low-income families; and (5) prospective teachers or school leaders receive preparation on how to effectively teach or lead in urban and rural schools, as applicable. (c) Rule of construction Nothing in this section shall be construed to require an institution to create a new teacher or school leader preparation area of concentration or degree program or adopt a specific curriculum in complying with this section. 207. State functions (a) State assessment In order to receive funds under this Act, a State shall conduct an assessment to identify low-performing teacher and school leader preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with, and make publicly available, an annual list of low-performing teacher and school leader preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 205(b). Levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this title, including progress in meeting the goals of— (1) increasing the percentage of effective teachers or school leaders in the State, including increasing professional development opportunities; (2) improving student academic achievement for elementary and secondary students; and (3) raising the standards for entry into the teaching profession. (b) Termination of eligibility Any teacher or school leader preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department; (2) shall notify enrolled students and students submitting an application for enrollment of such status; (3) may not be permitted to accept or enroll any student who receives aid under title IV in the institution’s teacher or school leader preparation program; (4) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and (5) shall be reinstated upon demonstration of improved performance, as determined by the State. (c) Negotiated rulemaking If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations. (d) Application of the requirements The requirements of this section shall apply to both traditional teacher and school leader preparation programs and alternative routes to State certification and licensure programs. (e) Prohibition against requiring a specific methodology Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a State uses to identify low-performing teacher and school leader preparation programs. 208. General provisions (a) Methods In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information. (b) Release of information to teacher and school leader preparation programs (1) In general For the purpose of improving teacher and school leader preparation programs, a State that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher or school leader preparation program, upon the request of the teacher or school leader preparation program, any and all pertinent education related information that— (A) may enable the teacher or school leader preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and (B) is possessed, controlled, or accessible by the State. (2) Content of information The information described in paragraph (1)— (A) shall include an identification of specific individuals who graduated from the teacher or school leader preparation program to enable the teacher or school leader preparation program to evaluate the information provided to the program from the State with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and (B) may include— (i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; (ii) teacher or school leader effectiveness evaluations for graduates of the preparation program; and (iii) survey data on program quality as it relates to the preparedness on different aspects of teaching or school leadership from preparation program completers and principals in schools or superintendents in local educational agencies where completers are placed. 209. Honorable Augustus F. Hawkins Centers of Excellence (a) Eligible institution In this section, the term eligible institution means— (1) a public or nonprofit institution of higher education that has a State-accredited teacher or school leader preparation program and that is— (A) a part B institution (as defined in section 322); (B) a Hispanic-serving institution (as defined in section 502); (C) a Tribal College or University (as defined in section 316); (D) an Alaska Native-serving institution (as defined in section 317(b)); (E) a Native Hawaiian-serving institution (as defined in section 317(b)); (F) a Predominantly Black Institution (as defined in section 318); (G) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or (H) a Native American-serving, nontribal institution (as defined in section 319); (2) a consortium of institutions described in paragraph (1); or (3) an institution described in paragraph (1), or a consortium described in paragraph (2), in partnership with any other institution of higher education (as defined in section 101(a)), but only if the center of excellence established under subsection (b) is located at an institution described in paragraph (1). (b) Program authorized From the amounts appropriated to carry out this section for a fiscal year, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. (c) Use of funds Grants provided by the Secretary under this section shall be used to ensure that current and future teachers and school leaders develop the skills described in paragraphs (19) and (23) of section 200 by carrying out one or more of the following activities: (1) Implementing evidence-based reforms within teacher or school leader preparation programs to ensure that such programs are preparing teachers and school leaders to develop the skills described in paragraphs (19) and (23) of section 200, are able to understand and use evidence-based research, and are able to use or support advanced technology effectively in the classroom, including use of, or support of, instructional techniques to improve student academic achievement, by— (A) recruiting and preparing new and experienced faculty; and (B) designing (or redesigning) teacher or school leader preparation programs that— (i) prepare teachers or school leaders to serve in low-performing schools and close student achievement gaps, and that are based on rigorous academic content, evidence-based research, and challenging State academic content standards and student academic achievement standards; and (ii) promote effective teaching or school leadership skills. (2) Providing sustained and high-quality preservice clinical or residency experience, including the mentoring of prospective teachers or school leaders by effective teachers or school leaders, substantially increasing interaction between faculty at institutions of higher education and effective teachers, principals, and other school leaders at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. (3) Developing and implementing initiatives to promote retention of effective teachers and principals, including teachers and principals from underrepresented populations, including programs that provide— (A) teacher or principal mentoring from effective teachers or principals, respectively; or (B) induction and support for teachers and principals during their first 3 years of employment as teachers or principals, respectively. (4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, licensing, books, and other expenses of completing a teacher preparation program, not to exceed the cost of attendance. (5) Disseminating information on evidence-based effective practices for teacher preparation and successful teacher certification and licensure assessment preparation strategies. (6) Activities authorized under section 202. (d) Application Any eligible institution desiring a grant under this section shall submit an application to the Secretary at such a time, in such a manner, and accompanied by such information as the Secretary may require. (e) Minimum grant amount The minimum amount of each grant under this section shall be $500,000. (f) Limitation on administrative expenses An eligible institution that receives a grant under this section may use not more than 2 percent of the funds provided to administer the grant. (g) Report Each eligible institution that receives a grant under this section and is a partner in an eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this title and the objectives and measures described in section 204(a). (h) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this section. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. 210. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this title, except section 209, $300,000,000 for each fiscal year. (b) Increase in grant awards If the amount appropriated to carry out this title, except section 209, for a fiscal year is equal to or more than $100,000,000, the Secretary is authorized to significantly increase from a year when there was less amounts appropriated the award amounts under this title to support the scaling up of effective practices. . 3. Institutional aid (a) Strengthening institutions Section 311(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1057(c) ) is amended— (1) by redesignating paragraph (13) as paragraph (14); and (2) by inserting after paragraph (12) the following: (13) Establishing or enhancing a program of teacher or school leader education that— (A) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (B) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (C) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . (b) American Indian Tribally Controlled Colleges and Universities Section 316(c)(2)(K) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(c)(2)(K) ) is amended to read as follows: (K) establishing or enhancing a program of teacher or school leader education, with a particular emphasis on teaching Indian and children and youth, that— (i) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (ii) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (iii) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . (c) Alaska Native-Serving institutions and Native Hawaiian-Serving institutions Section 317(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(c)(2) ) is amended— (1) in subparagraph (H), by striking and after the semicolon; (2) in subparagraph (I), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (J) establishing or enhancing a program of teacher or school leader education that— (i) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (ii) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (iii) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . (d) Predominantly Black Institutions Section 318 of the Higher Education Act of 1965 ( 20 U.S.C. 1059e ) is amended— (1) in subsection (b)(1)(E), by striking training and inserting preparation ; and (2) in subsection (d)(2)— (A) in subparagraph (A), by striking The activities described in paragraphs (1) through (12) of section 311(c). and inserting The activities described in paragraphs (1) through (13) of section 311(c). ; and (B) by striking subparagraph (C) and inserting the following: (C) Establishing or enhancing a program of teacher or school leader education that— (i) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (ii) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (iii) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . (e) Native American-Serving, nontribal institutions Section 319(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059f(c)(2) ) is amended— (1) in subparagraph (H), by striking and after the semicolon; (2) by redesignating subparagraph (I) as subparagraph (J); and (3) by inserting after subparagraph (H) the following: (I) establishing or enhancing a program of teacher and school leader education that— (i) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (ii) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (iii) shall include, as part of such program, preparation for teacher or school leader certification or licensure; and . (f) Asian American and Native American Pacific Islander-Serving institutions Section 320(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1059g(c)(2) ) is amended— (1) in subparagraph (M), by striking and after the semicolon; (2) in subparagraph (N), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (O) establishing or enhancing a program of teacher and school leader education that— (i) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (ii) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (iii) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . (g) Historically Black colleges and universities Section 323(a)(10) of the Higher Education Act of 1965 ( 20 U.S.C. 1062(a)(10) ) is amended to read as follows: (10) Establishing or enhancing a program of teacher and school leader education that— (A) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (B) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (C) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . (h) Strengthening historically Black colleges and universities and other minority-Serving institutions Section 371(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b) ) is amended— (1) in paragraph (1)(A), by striking $255,000,000 for fiscal year 2020 and each fiscal year thereafter. and inserting $265,000,000 for each fiscal year. ; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (i), by striking $100,000,000 and inserting $103,921,569 ; (ii) in clause (ii), by striking $100,000,000 and inserting $103,921,569 ; and (iii) in clause (iii), by striking $55,000,000 and inserting $57,156,863 ; (B) in subparagraph (C)(ii), by striking $600,000 and inserting $623,529 ; and (C) in subparagraph (D)— (i) in clause (i), by striking $30,000,000 each place it appears and inserting $31,176,471 ; (ii) in clause (ii), by striking $15,000,000 each place it appears and inserting $15,588,235 ; (iii) in clause (iii), by striking $5,000,000 and inserting $5,196,078 ; and (iv) in clause (iv), by striking $5,000,000 and inserting $5,196,078 . (i) Minority Science and Engineering Improvement programs Section 399(a)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1068h(a)(5) ) is amended to read as follows: (5) Part E There are authorized to be appropriated to carry out part E, $30,000,000 for each fiscal year. . (j) Hispanic-Serving institutions Section 503(b)(12) of the Higher Education Act of 1965 ( 20 U.S.C. 1101b(b)(12) ) is amended to read as follows: (12) Establishing or enhancing a program of teacher and school leader education that— (A) is aligned with the elements identified under clauses (i) through (vi) of section 202(b)(4)(C) and subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of section 202(d)(1); (B) is designed to develop teaching skills, as defined in section 200, to qualify students to teach or lead in elementary schools and secondary schools; and (C) shall include, as part of such program, preparation for teacher or school leader certification or licensure. . | https://www.govinfo.gov/content/pkg/BILLS-117s2244is/xml/BILLS-117s2244is.xml |
117-s-2245 | II 117th CONGRESS 1st Session S. 2245 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Young (for himself, Ms. Klobuchar , and Mr. Booker ) 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 enhance the Office of Credit Risk Management, to require the Administrator of the Small Business Administration to issue rules relating to environmental obligations of certified development companies, and for other purposes.
1. Short title This Act may be cited as the 504 Credit Risk Management Improvement Act of 2021 . 2. Enhancements to the Office of Credit Risk Management Section 47 of the Small Business Act ( 15 U.S.C. 657t ) is amended— (1) by striking subsection (b) and inserting the following: (b) Duties The Office— (1) shall be responsible for— (A) supervising— (i) any lender making loans under section 7(a) (in this section referred to as a 7(a) lender ); (ii) any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; (iii) any small business lending company or a non-Federally regulated lender without regard to the requirements of section 23; and (iv) any certified development company described under the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) (referred to in this section as a certified development company ), as provided in subsection (k); and (B) conducting file reviews with respect to loan closings under the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ), as provided in subsection (j); and (2) may— (A) take formal and informal enforcement actions against a certified development company, as provided in subsection (l); and (B) charge a certified development company a fee, as provided in subsection (m). ; and (2) by adding at the end the following: (j) Loan closing file reviews With respect to a loan closing under the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ), the Office shall be responsible for the following: (1) Conducting a complete file review of a random selection of all loan closings, the number, frequency, and conduct of which shall be at the discretion of the Office, to ensure program integrity, including a review of the items listed on the Checklist for Complete File Review contained in the appropriate form of the Administration. (2) Not later than 60 days after the date on which each complete file review conducted under paragraph (1) is completed, preparing a written report documenting the results of that review, which the Office shall send to— (A) the applicable certified development company; (B) the designated attorney that closed the loan for the certified development company; and (C) the Commercial Loan Service Center. (3) If a complete file review conducted under paragraph (1) reveals a deficiency that could result in a loss to the Administration, requiring the applicable certified development company or the designated attorney to promptly correct the deficiency. (k) Supervision of certified development companies With respect to the supervision of certified development companies— (1) an employee of the Office shall— (A) be present for, and supervise, the review of any such company that is conducted by a contractor of the Office on the premises of the company; and (B) supervise the review of any such company that is conducted by a contractor of the Office that is not conducted on the premises of the company; and (2) the Administrator shall— (A) develop a timeline for the review by the Office of certified development companies and the submission of reports regarding those reviews, under which the Administrator shall— (i) submit to a certified development company a written report of any review of the company not later than 90 days after the date on which the review is concluded; or (ii) if the Administrator expects to submit the report after the end of the 90-day period described in clause (i), notify the company of the expected date of submission of the report and the reason for the delay; and (B) if a response by a certified development company is requested in a report submitted under subparagraph (A)(i), require the company to submit responses to the Administrator not later than 45 business days after the date on which the company receives the report. (l) Enforcement authority against certified development companies (1) Informal enforcement authority The Director may take an informal enforcement action against a certified development company if the Director finds that the company has violated a statutory or regulatory requirement or any requirement in a Standard Operating Procedures Manual or Policy Notice relating to a program or function of the Office of Capital Access. (2) Formal enforcement authority (A) In general With the approval of the Lender Oversight Committee established under section 48, the Director may take a formal enforcement action against any certified development company if the Director finds that the company has violated— (i) a statutory or regulatory requirement, including a requirement relating to the necessary funds for making loans when those funds are not made available to the company from private sources on reasonable terms; or (ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice relating to a program or function of the Office of Capital Access. (B) Enforcement actions The decision to take an enforcement action against a certified development company under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the company in an amount that is not greater than $250,000. (3) Failure to submit annual report With respect to a certified development company that, as of the date that is 30 days after the date on which the company is required to submit any report, fails to submit that report, the Director may— (A) suspend the company from participating in the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) for a period that is not longer than 30 days; or (B) impose a penalty on the company in an amount to be determined by the Director, except that the amount of the penalty shall be not more than $10,000. (m) Fee authority regarding certified development companies (1) In general On and after the date that is 1 year after the date of enactment of this subsection, the Office may collect from each certified development company a fee, the amount of which— (A) shall be determined on a graduated scale according to the size of the portfolio of the certified development company with respect to the program carried out under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ); and (B) shall not exceed the amount that is 1 basis point with respect to the value of the portfolio described in subparagraph (A). (2) Payment A certified development company on which a fee is imposed under paragraph (1) shall pay the fee from the servicing fees collected by the development company pursuant to regulation. . 3. Rules relating to obligations of certified development companies under the National Environmental Policy Act (a) Eligible certified development company defined In this section, the term eligible certified development company means a certified development company defined under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) that receives assistance pursuant to that title. (b) Requirement To issue rules Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue rules to clarify the procedures necessary for an eligible certified development company to comply with the applicable requirements under National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Rule of construction Nothing in this section shall be construed to modify the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s2245is/xml/BILLS-117s2245is.xml |
117-s-2246 | II 117th CONGRESS 1st Session S. 2246 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide grants to support the hiring of law enforcement officers.
1. Purpose The purpose of this Act to increase the number of law enforcement officers in the United States by 100,000 to protect families living in the United States 2. Law enforcement agency funding program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP Hiring Additional Law Enforcement Personnel Following the COVID-19 Pandemic 3061. Grant program (a) In general The Attorney General may award grants to State and local law enforcement agencies to provide additional funding to support the hiring and retention of law enforcement personnel and augment wages paid to law enforcement personnel. (b) Limitation on eligibility (1) In general A state or local law enforcement agency shall not be eligible for a grant under this part unless the agency certifies that the agency will hire additional law enforcement personnel to increase the number of law enforcement personnel by 12.5 percent during the 1-year period after receipt of the grant. (2) Failure to comply with certification In the case of a State or local law enforcement agency that receives a grant under this part, and fails to achieve a not less than 12.5 percent increase in law enforcement personnel by the end of the 1-year period described in paragraph (1), the State or local law enforcement agency may not be eligible for additional grant awards under this part. 3062. Use of funds A State or local law enforcement agency that receives a grant under this part shall use the grant to hire or retain law enforcement personnel. 3063. Application A State or local law enforcement agency seeking a grant under this part shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require, including— (1) the number of law enforcement personnel employed by the agency at the time of the grant application; (2) a written certification, as described in section 3061(b)(1), that the agency will hire additional law enforcement personnel to increase the number of law enforcement personnel by 12.5 percent during the 1-year period after receipt of the grant; (3) a description of how the agency plans to recruit, hire, and fund the salaries of the law enforcement personnel hired under paragraph (2); (4) a written certification that the agency shall report to the Attorney General on the date that is 1 year after the date on which the agency receives a grant under this part the number of law enforcement personnel hired during such 1-year period; and (5) a written certification that the agency shall provide to the Attorney General and the Comptroller General of the United States, upon request, access to any records relating to the receipt and use of a grant under this part. 3064. Authorization of appropriations There are authorized to be appropriated to the Attorney General $5,000,000,000 for each of fiscal years 2022 through 2025 to carry out this part. . | https://www.govinfo.gov/content/pkg/BILLS-117s2246is/xml/BILLS-117s2246is.xml |
117-s-2247 | II 117th CONGRESS 1st Session S. 2247 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect Federal judges, Federal prosecutors, and Federal law enforcement officers from violence and doxing.
1. Protecting Federal judges, Federal prosecutors, and Federal law enforcement officers from violence and doxing (a) Definitions In this section: (1) Federal law enforcement officer The term Federal law enforcement officer has the meaning given the term in section 115 of title 18, United States Code. (2) Personal protected information The term personal protected information has the meaning given the term means of identification in section 1028 of title 18, United States Code. (b) Authorization To list post office boxes Section 926B of title 18, United States Code, is amended by adding at the end the following: (g) Authorization To list post office boxes Notwithstanding any other provision of Federal or State law, a Federal judge, Federal prosecutor, or Federal law enforcement officer may list a post office box in lieu of a home address for any Federal, State, or other governmental purpose, if there is a risk that the address may be made public. . (c) Guidance The Attorney General, in coordination with the Secretary of the Department of Homeland Security, shall— (1) promulgate regulations and issue guidance to implement subsection (g) of section 926B of title 18, United States Code, as added by subsection (b) of this section; (2) develop and implement programs to— (A) detect when the personal protected information of a Federal judge, Federal prosecutor, or Federal law enforcement officer is made public, including online; and (B) take remedial action to quickly remove the information from the public domain; and (3) develop and implement resources for a Federal judge, Federal prosecutor, or Federal law enforcement officer to— (A) report that the personal protected information of the judge, prosecutor, or officer has been made public, including online; and (B) ascertain what remedial action the Federal agencies have taken. (d) Appropriations There is authorized to be appropriated and is appropriated— (1) $15,000,000 to the Department of Justice to carry out this section; and (2) $25,000,000 to the Department of Homeland Security to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2247is/xml/BILLS-117s2247is.xml |
117-s-2248 | II 117th CONGRESS 1st Session S. 2248 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To increase the penalties for making personal information about a Federal law enforcement officer or other Federal officer available to the public.
1. Protecting Federal law enforcement officers from doxing Section 119(a) of title 18, United States Code, is amended, in the undesignated matter following paragraph (2), by striking 5 years and inserting 10 years . | https://www.govinfo.gov/content/pkg/BILLS-117s2248is/xml/BILLS-117s2248is.xml |
117-s-2249 | II 117th CONGRESS 1st Session S. 2249 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To increase the penalties for damage to Federal courthouses and unauthorized access to areas where Federal judges work, reside, or visit.
1. Protecting Federal courthouses and judges (a) Government property or contracts Section 1361 of title 18, United States Code, is amended— (1) in the second undesignated subsection by striking both. and inserting the following: both; if the damage or attempted damage is to a Federal courthouse, by a fine under this title or imprisonment for not more than 25 years, or both ; and (2) by adding at the end the following: For purposes of this section, defacing, painting, spraying, applying graffiti to, or drawing on Federal property, including Federal building and monuments located on Federal land, shall be presumed to result in damage exceeding the sum of $1,000. . (b) Restrict buildings or grounds Section 1752(c)(1) of title 18, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking and at the end; and (3) by adding at the end the following: (D) of a Federal courthouse or Federal building containing offices of Federal judges; or (E) of a building or grounds where a Federal judge or other Federal official protected by the United States Marshals Service resides, is temporarily visiting, or will be temporarily visiting; and . | https://www.govinfo.gov/content/pkg/BILLS-117s2249is/xml/BILLS-117s2249is.xml |
117-s-2250 | II 117th CONGRESS 1st Session S. 2250 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To extend concealed carry rights to Federal judges and prosecutors.
1. Promoting concealed carry rights for law enforcement officers (a) Amendments Section 926B of title 18, United States Code, is amended by adding at the end the following: (g) For purposes of this section, a Federal judge, a Federal magistrate judge, or a Federal prosecutor shall be considered to be qualified law enforcement officer if the judge, magistrate judge, or prosecutor meets the criteria described in paragraphs (5) and (6) of subsection (c). (h) The Attorney General, or any United States Attorney, may file a civil action against any State government, State agency, or State employee to enjoin any actions or practices that impede qualified law enforcement officers from carrying a concealed firearm under subsection (a). . (b) Regulations and guidance The Attorney General shall— (1) promulgate regulations and issue guidance to implement subsection (h) of section 926B of title 18, United States Code, as added by subsection (a) of this section; and (2) develop and implement programs for qualified law enforcement officers to report when they are impeded from carrying a concealed firearm under section 926B of title 18, United States Code, and to ascertain what remedial actions the Department of Justice has taken. (c) Authorization of appropriations There are authorized to be appropriated $10,000,000 to the Department of Justice to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2250is/xml/BILLS-117s2250is.xml |
117-s-2251 | II 117th CONGRESS 1st Session S. 2251 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To expand support for law enforcement officers.
1. Expanding support for law enforcement officer family services, stress reduction, and suicide prevention Section 1001(a)(21) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(21) ) is amended by striking $7,500,000 and inserting $12,500,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s2251is/xml/BILLS-117s2251is.xml |
117-s-2252 | II 117th CONGRESS 1st Session S. 2252 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To increase the penalties for ambushing a law enforcement officer.
1. Protecting law enforcement officers from ambush (a) Amendment Chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Crimes targeting law enforcement officers (a) Offense Whoever, in any circumstance described in subsection (b), knowingly causes bodily injury to any person, or attempts to do so, because of the actual or perceived status of the person as a law enforcement officer, by ambushing the person— (1) shall be imprisoned not more than 30 years, fined in accordance with this title, or both; and (2) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (A) death results from the offense; or (B) the offense includes kidnapping or an attempt to kidnap, or an attempt to kill. (b) Circumstances described For purposes of subsection (a), the circumstances described in this subsection are that— (1) the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim— (A) across a State line or national border; or (B) using a channel, facility, or instrumentality of interstate or foreign commerce; (2) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subsection (a); (3) in connection with the conduct described in subsection (a), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (4) the conduct described in subsection (a)— (A) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (B) otherwise affects interstate or foreign commerce. (c) Definitions In this section: (1) Law enforcement officer The term law enforcement officer means an employee of a governmental or public agency who is authorized by law— (A) to engage in or supervise the prevention, detention, investigation, or the incarceration of any person for any criminal violation of law; and (B) to apprehend or arrest a person for any criminal violation of law. (2) State The term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. . (b) Clerical amendment The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Crimes targeting law enforcement officers. . | https://www.govinfo.gov/content/pkg/BILLS-117s2252is/xml/BILLS-117s2252is.xml |
117-s-2253 | II 117th CONGRESS 1st Session S. 2253 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a separate criminal offense for targeting an individual based on their status as law enforcement officer.
1. Protecting law enforcement officers from targeting (a) Amendment Chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Crimes targeting law enforcement officers (a) Offense Whoever, in any circumstance described in subsection (b), knowingly causes bodily injury to any person, or attempts to do so, because of the actual or perceived status of the person as a law enforcement officer— (1) shall be imprisoned not more than 20 years, fined in accordance with this title, or both; and (2) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (A) death results from the offense; or (B) the offense includes kidnapping or an attempt to kidnap, or an attempt to kill. (b) Circumstances described For purposes of subsection (a), the circumstances described in this subsection are that— (1) the conduct described in subsection (a) occurs during the course of, or as the result of, the travel of the defendant or the victim— (A) across a State line or national border; or (B) using a channel, facility, or instrumentality of interstate or foreign commerce; (2) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subsection (a); (3) in connection with the conduct described in subsection (a), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or (4) the conduct described in subsection (a)— (A) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (B) otherwise affects interstate or foreign commerce. (c) Definitions In this section: (1) Law enforcement officer The term law enforcement officer means an employee of a governmental or public agency who is authorized by law— (A) to engage in or supervise the prevention, detention, investigation, or the incarceration of any person for any criminal violation of law; and (B) to apprehend or arrest a person for any criminal violation of law. (2) State The term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. . (b) Clerical amendment The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following: 120. Crimes targeting law enforcement officers. . | https://www.govinfo.gov/content/pkg/BILLS-117s2253is/xml/BILLS-117s2253is.xml |
117-s-2254 | II 117th CONGRESS 1st Session S. 2254 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes.
1. Short title This Act may be cited as the Montana Headwaters Legacy Act . 2. Findings; purpose (a) Findings Congress finds that— (1) the streams designated as components of the Wild and Scenic Rivers System by the amendment made by section 4(a) are cherished by the people of the State of Montana and visitors from across the United States and around the world for their clean water, abundant fish and wildlife, spectacular natural settings, and outstanding recreational opportunities; (2) Indian Tribes have used the streams referred to in paragraph (1) for hunting, fishing, gathering, and other cultural purposes since time immemorial; (3) recreational activities (including fishing, hunting, camping, paddling, hiking, swimming, rock climbing, horseback riding, and wildlife watching) on the streams referred to in paragraph (1) and the surrounding land generate billions of dollars annually for the economy of the State of Montana; (4) the multi-billion dollar agricultural industry in the State of Montana thrives on the availability of clean water that originates in headwaters streams on Federal public land; (5) the streams referred to in paragraph (1)— (A) are national treasures; (B) possess outstandingly remarkable values; and (C) merit the high level of protection afforded by the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) would recognize the importance of maintaining the values of each stream while— (A) preserving public access; (B) respecting private property rights; (C) allowing appropriate maintenance of existing infrastructure; and (D) allowing historical uses to continue. (b) Purpose The purpose of this Act is to designate certain segments and tributaries of the Missouri River and Yellowstone River Headwaters in the State of Montana as components of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary. 3. Definitions In this Act: (1) Covered segment The term covered segment means a river segment designated by paragraphs (231) through (250) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by section 4(a)). (2) 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 ). (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (4) State The term State means the State of Montana. 4. Designation of wild and scenic river segments (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) Smith river, montana The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. (232) Tenderfoot creek, montana The portion of Tenderfoot Creek consisting of the approximately 21-mile segment from the confluence with Iron Mines Creek downstream to the confluence with the Smith River, to be administered by the Secretary of Agriculture as a scenic river. (233) Gallatin river, montana The portion of the Gallatin River in the State of Montana consisting of the approximately 39-mile segment from the Yellowstone National Park boundary downstream to the confluence of Spanish Creek, to be administered by the Secretary of Agriculture as a recreational river. (234) Hyalite creek, montana The portion of Hyalite Creek consisting of the approximately 6-mile segment from the source in the Gallatin Range downstream to Hyalite Reservoir, to be administered by the Secretary of Agriculture as a scenic river. (235) Taylor creek, montana The portion of Taylor Creek consisting of— (A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. (236) Madison river, montana The portions of the Madison River in the State of Montana, consisting of— (A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; (B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. 10, approximately 1 mile north of the confluence of Cherry Creek, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a recreational river; (C) the approximately 7-mile segment from 800 feet downstream of Madison Dam Powerhouse downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of the Interior as a wild river; and (D) the approximately 7-mile segment from the Lee Metcalf Wilderness Boundary downstream to the Bureau of Land Management boundary at the Black’s Ford Fishing Access Site, to be administered by the Secretary of the Interior as a recreational river. (237) Bear creek, montana The portions of Bear Creek consisting of— (A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. (238) Boulder river, montana The portions of the Boulder River consisting of— (A) the approximately 3-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 30-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary downstream of Natural Bridge Falls, to be administered by the Secretary of Agriculture as a recreational river. (239) Hellroaring creek, montana The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. (240) Lake fork rock creek, montana The portions of Lake Fork Rock Creek consisting of— (A) the approximately 11-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 2-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with Rock Creek, to be administered by the Secretary of Agriculture as a recreational river. (241) Rock creek, montana The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. (242) Slough creek, montana The portion of Slough Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. (243) Stillwater river, montana The portions of the Stillwater River consisting of— (A) the approximately 26-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 3-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to Flume Creek, to be administered by the Secretary of Agriculture as a recreational river. (244) West boulder river, montana The portion of the West Boulder River consisting of the approximately 11-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. (245) West fork stillwater river, montana The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. (246) West fork of rock creek, montana The portions of West Fork of Rock Creek consisting of— (A) the approximately 9-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 11-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. (247) Yellowstone river, montana The portion of the Yellowstone River in the State of Montana, consisting of the approximately 19-mile segment from the Yellowstone National Park boundary in Gardiner, Montana, downstream to the confluence with Rock Creek at the Cabella Fishing Access Site, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a recreational river. (248) Cabin creek, Montana The portions of Cabin Creek in the State of Montana, consisting of— (A) the approximately 6.3-mile segment from the source in the Madison Range downstream to the fish barrier, to be administered by the Secretary of Agriculture as a wild river; and (B) the approximately 1-mile segment from the fish barrier downstream to the confluence with the Madison River, to be administered by the Secretary of Agriculture as a recreational river, subject to the condition that the designation of the segment shall not preclude maintenance or management of the fish barrier by cooperating Federal and State agencies. (249) Middle fork of cabin creek, Montana The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (250) Clarks fork of the yellowstone river, Montana The portions of the Clarks Fork of the Yellowstone River in the State of Montana, consisting of— (A) the approximately 0.5-mile segment from Broadwater River downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a scenic river; and (B) the approximately 2.1-mile segment from Absaroka-Beartooth Wilderness boundary downstream to the Montana-Wyoming State line, to be administered by the Secretary of Agriculture as a wild river. . (b) Consent of owner of land required No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. (c) Effect of designations Nothing in this Act or an amendment made by this Act affects valid existing rights, including— (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act). | https://www.govinfo.gov/content/pkg/BILLS-117s2254is/xml/BILLS-117s2254is.xml |
117-s-2255 | II 117th CONGRESS 1st Session S. 2255 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Brown introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To extend the trade adjustment assistance program for one month.
1. Short title This Act may be cited as the Trade Adjustment Assistance Extension Act of 2021 . 2. Extension of trade adjustment assistance program (a) Extension of termination provisions Section 285 of the Trade Act of 1974 ( 19 U.S.C. 2271 note) is amended by striking June 30, 2021 each place it appears and inserting July 23, 2021 . (b) Reemployment trade adjustment assistance Section 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) ) is amended by striking June 30, 2021 and inserting July 23, 2021 . (c) Trade adjustment assistance for workers Section 245(a) of the Trade Act of 1974 ( 19 U.S.C. 2317(a) ) is amended by striking June 30, 2021 and inserting July 23, 2021 . (d) Effective date The amendments made by this section take effect on the earlier of— (1) the date of the enactment of this Act; or (2) June 30, 2021. (e) Application of prior law Section 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 (title IV of Public Law 114–27 ; 129 Stat. 379; 19 U.S.C. 2271 note prec.) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking July 1, 2021 and inserting July 24, 2021 ; and (B) in paragraphs (5) and (6), by striking the 1-year period beginning on July 1, 2021 and inserting the period beginning on July 24, 2021, and ending on June 30, 2022 ; and (2) in subsection (b), by striking July 1, 2021 each place it appears and inserting July 24, 2021 . | https://www.govinfo.gov/content/pkg/BILLS-117s2255cps/xml/BILLS-117s2255cps.xml |
117-s-2256 | II 117th CONGRESS 1st Session S. 2256 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Daines (for himself, Ms. Stabenow , Mr. Wyden , and Mr. Grassley ) 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 limit the charitable deduction for certain qualified conservation contributions.
1. Short title This Act may be cited as the Charitable Conservation Easement Program Integrity Act of 2021 . 2. Limitation on deduction for qualified conservation contributions made by pass-through entities (a) In general Section 170(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Limitation on deduction for qualified conservation contributions made by pass-through entities (A) In general A contribution by a partnership (whether directly or as a distributive share of a contribution of another partnership) shall not be treated as a qualified conservation contribution for purposes of this section if the amount of such contribution exceeds 2.5 times the sum of each partner’s relevant basis in such partnership. (B) Relevant basis For purposes of this paragraph— (i) In general The term relevant basis means, with respect to any partner, the portion of such partner’s modified basis in the partnership which is allocable (under rules similar to the rules of section 755) to the portion of the real property with respect to which the contribution described in subparagraph (A) is made. (ii) Modified basis The term modified basis means, with respect to any partner, such partner’s adjusted basis in the partnership as determined— (I) immediately before the contribution described in subparagraph (A), (II) without regard to section 752, and (III) by the partnership after taking into account the adjustments described in subclauses (I) and (II) and such other adjustments as the Secretary may provide. (C) Exception for contributions outside 3-year holding period Subparagraph (A) shall not apply to any contribution which is made at least 3 years after the latest of— (i) the last date on which the partnership that made such contribution acquired any portion of the real property with respect to which such contribution is made, (ii) the last date on which any partner in the partnership that made such contribution acquired any interest in such partnership, and (iii) if the interest in the partnership that made such contribution is held through one or more partnerships— (I) the last date on which any such partnership acquired any interest in any other such partnership, and (II) the last date on which any partner in any such partnership acquired any interest in such partnership. (D) Exception for family partnerships (i) In general Subparagraph (A) shall not apply with respect to any contribution made by any partnership if substantially all of the partnership interests in such partnership are held, directly or indirectly, by an individual and members of the family of such individual. (ii) Members of the family For purposes of this subparagraph, the term members of the family means, with respect to any individual— (I) the spouse of such individual, and (II) any individual who bears a relationship to such individual which is described in subparagraphs (A) through (G) of section 152(d)(2). (E) Application to other pass-through entities Except as may be otherwise provided by the Secretary, the rules of this paragraph shall apply to S corporations and other pass-through entities in the same manner as such rules apply to partnerships. (F) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including regulations or other guidance— (i) to require reporting, including reporting related to tiered partnerships and the modified basis of partners, and (ii) to prevent the avoidance of the purposes of this paragraph. . (b) Application of accuracy-Related penalties (1) In general Section 6662(b) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (9) the following new paragraph: (10) Any disallowance of a deduction by reason of section 170(h)(7). . (2) Treatment as gross valuation misstatement Section 6662(h)(2) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) any disallowance of a deduction described in subsection (b)(10). . (3) No reasonable cause exception Section 6664(c)(2) of such Code is amended by inserting or to any disallowance of a deduction described in section 6662(b)(10) before the period at the end. (4) Approval of assessment not required Section 6751(b)(2)(A) of such Code is amended by striking subsection (b)(9) and inserting paragraph (9) or (10) of subsection (b) . (c) Application of statute of limitations on assessment and collection (1) Extension for certain adjustments made under prior law In the case of any disallowance of a deduction by reason of section 170(h)(7) of the Internal Revenue Code of 1986 (as added by this section) or any penalty imposed under section 6662 of such Code with respect to such disallowance, section 6229(d)(2) of such Code (as in effect before its repeal) shall be applied by substituting 2 years for 1 year . (2) Extension for listed transactions Any contribution described in section 170(h)(7)(A) of the Internal Revenue Code of 1986 (as added by this section) shall be treated for purpose of sections 6501(c)(10) and 6235(c)(6) of such Code as a transaction specifically identified by the Secretary on December 23, 2016, as a tax avoidance transaction for purposes of section 6011 of such Code. (d) Application to certain transactions disallowed under other provisions of law In the case of any disallowance of a deduction under section 170 of the Internal Revenue Code of 1986 with respect a transaction described in Internal Revenue Service Notice 2017-10 with respect to a taxable year ending before the date of the enactment of this Act, such disallowance shall be treated for purposes of section 6662(b)(10) of such Code (as added by this section) and subsection (c)(1) as being by reason of section 170(h)(7) of such Code (as added by this section). (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to contributions made after December 23, 2016, in taxable years ending after such date. (2) Certified historic structures In the case of contributions the conservation purpose (as defined in section 170(h)(4) of the Internal Revenue Code of 1986) of which is the preservation of a certified historic structure (as defined in section 170(h)(4)(C) of such Code), the amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2018. (3) No inference No inference is intended as to the appropriate treatment of contributions made in taxable years ending on or before the date specified in paragraph (1) or (2), whichever is applicable, or as to any activity not described in section 170(h)(7) of the Internal Revenue Code of 1986, as added by this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2256is/xml/BILLS-117s2256is.xml |
117-s-2257 | II 117th CONGRESS 1st Session S. 2257 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Rosen introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide Federal support for nonprofit generic and essential medicine and device manufacturers to increase the availability of drugs and devices in order to reduce drug or device shortages and drug and device costs.
1. Short title This Act may be cited as the Expanding Access to Affordable Prescription Drugs and Medical Devices Act . 2. Supporting nonprofit generic and essential medicines and device manufacturers (a) In general Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–7. Supporting nonprofit generic and essential medicines and device manufacturers (a) In general The Secretary shall award cooperative agreements and low interest revolving loans to, and waive user fees with respect to, nonprofit entities to support the manufacture and distribution within the United States of eligible drugs and eligible devices. (b) Terms of cooperative agreements and loans (1) Cooperative agreements (A) Initial awards Each cooperative agreement awarded under this section shall be for an initial period determined by the Secretary, not to exceed 5 years, and shall be in an amount determined by the Secretary, not to exceed $5,000,000. (B) Subsequent awards An entity receiving a cooperative agreement under this section may apply for additional awards with respect to other eligible drugs or eligible devices under this subsection. The Secretary may award additional cooperative agreements to such entities, for periods not to exceed 5 years, in amounts not to exceed $5,000,000. (C) Extensions The Secretary may extend the initial time period of a cooperative agreement awarded under subparagraph (A) or (B), but the total award amount of the original award plus any extension may not exceed $5,000,000. (2) Low interest revolving loans Each loan awarded under this section shall be for a period determined by the Secretary, with an interest rate not greater than the Federal Reserve benchmark interest rate plus 3 percent, and in an amount not greater than $5,000,000. (c) Applications (1) In general To be eligible to receive a cooperative agreement or loan under this section, an entity shall— (A) be an organization that— (i) manufactures, or facilitates the manufacture of, finished drug products or devices in the United States; (ii) is an organization described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (iii) is based in the United States; (B) demonstrate expertise in the process of drug or device manufacturing, and the ability to fully comply with all applicable State and Federal requirements; (C) agree to ensure that— (i) the highest total compensation offered to any employee of such entity is not more than 40 times greater than the total compensation offered to the lowest-compensated employee, including any self-employed independent contracted workers on an hourly wage, of such entity; (ii) among drugs that may be self-administered by patients and remaining after application of clause (iii), other than such drugs that are not required to be distributed through pharmacies— (I) the entity shall report to the Secretary on an annual basis any barriers faced in making the drug widely available through retail pharmacies; and (II) the entity shall, on an annual basis and in a manner prescribed by the Secretary, make publicly available complete information on the availability of the drug from retail pharmacies; and (iii) if the Secretary identifies a need to supplement the strategic national stockpile under section 319F–2, the Secretary has priority access to purchase, at the average cost price offered to other purchasers, a quantity of the drug or device equivalent to at least 25 percent of the entity’s production, or such percentage of such supply as the Secretary, in consultation with the entity, determines appropriate, consistent with public health needs, until the need has been met; (D) include a timeline for any drugs or devices manufactured by the entity that are expected to come to market within the duration of the cooperative agreement or loan, with at least one such drug or device expected to come to market within 5 years of starting the cooperative agreement or loan; and (E) submit an application at such time, in such manner, and containing such additional information as the Secretary may require. (2) Priority In awarding cooperative agreements and loans under this section, the Secretary shall give priority to applications from entities that are expected to manufacture and take to market eligible drugs or eligible devices at a price that is lower than existing treatments for the same disease or condition that such drug or device is intended to treat, or to entities that are expected to manufacture any eligible drug or eligible device identified as a public health priority by the Secretary. (3) Calculation of wages For purposes of paragraph (1)(C)(i) to calculate employee compensation with respect to part-time employees, the Secretary shall calculate the compensation such employees would receive if they were to work full-time at their existing hourly wages. (4) Report The Secretary shall report to Congress annually regarding barriers reported by entities regarding availability of drugs described in paragraph (1)(C)(ii) (other than such drugs that are not required to be distributed through pharmacies) through retail pharmacies and regulatory or legislative recommendations to improve public access to such drugs. (d) Definitions For purposes of this section— (1) the term eligible device means a device— (A) (i) that is approved under section 515 of the Federal Food, Drug, and Cosmetic Act, cleared under section 510(k) of such Act, or authorized under section 513(f)(2) of such Act; (ii) for which the device manufacturer applying for a cooperative agreement under subsection (a) or a low interest revolving loan under subsection (b) has submitted an application under section 515 of the Federal Food, Drug, and Cosmetic Act, or a notification under section 510(k) or 513(f)(2) of such Act; or (iii) that is urgently needed to meet a public health need, as determined by the Secretary, and for which the device manufacturer applying for a cooperative agreement under subsection (a) or a low interest revolving loan under subsection (b) has provided a timeline for submission of an application under section 515 of the Federal Food, Drug, and Cosmetic Act, or a notification under section 510(k) or 513(f)(2) of such Act; and (B) that the Secretary has deemed essential on the basis of— (i) there being 2 or fewer active manufacturers of the device or a substantially similar device; (ii) the device having been on the device shortage list under section 506J(g) of the Federal Food, Drug, and Cosmetic Act at any time in the past 5 years; (iii) similar devices have increased in cost more than the rate of inflation over the most recent 5-year period; (iv) the device meeting an otherwise unmet critical public health need; or (v) other factors, as determined by the Secretary; and (2) the term eligible drug means a drug— (A) (i) that is approved by the Food and Drug Administration under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of this Act; (ii) for which the drug manufacturer applying for a cooperative agreement under subsection (a) or a low interest revolving loan under subsection (b) has submitted an application under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or under section 351(k) of this Act; or (iii) that is urgently needed to meet a public health need, as determined by the Secretary, and for which the drug manufacturer applying for a cooperative agreement under subsection (a) or a low interest revolving loan under subsection (b) has provided a timeline for submission of an application under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or under subsection (a) or (k) of section 351 of this Act; and (B) that the Secretary has deemed essential on the basis of— (i) there being 2 or fewer active manufacturers of the drug; (ii) the drug having been on the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act at any time in the past 5 years; (iii) alternative treatments for the disease or condition the drug is intended to treat costing more than $50 per 1-month supply according to the public list price; (iv) the drug meeting an otherwise unmet critical public health need; or (v) other purposes, as determined by the Secretary. (e) Use of funds A recipient of an award under this section may use funds for start-up, research and development, or expansion costs associated with the manufacture of eligible drugs or eligible devices, in accordance with the terms of the applicable cooperative agreement or loan. (f) Report Not later than 3 years after the date of enactment of the Expanding Access to Affordable Prescription Drugs and Medical Devices Act and annually thereafter, the Secretary shall submit a report to Congress on, with respect to the applicable reporting period— (1) the number of grants and loans awarded under the program; (2) the drugs and devices that came to market with support from grants or loans under the program; (3) a cost-savings analysis for all federally-funded health programs, based on savings that were realized due to a drug or device whose manufacturer was supported by a grant under this section; and (4) a cost-savings analysis for consumer out-of-pocket and insurance premium spending, based on savings that were realized due to a drug or device whose manufacturer was supported by a grant under this section, and any impact on consumer access to the drug or device. (g) Waiver of user fees with respect to entities not receiving an award (1) In general With respect to an entity that is an organization described in paragraph (2), the Secretary shall waive the following fees that would otherwise be applicable during the period during which such entity is so exempt and is manufacturing such product: (A) Fees under paragraphs (1) and (2) of section 736(a) of the Federal Food, Drug, and Cosmetic Act. (B) Fees under paragraphs (2) and (3) of section 738(a) of the Federal Food, Drug, and Cosmetic Act. (C) Fees under paragraphs (3), (4), and (5) of section 744B(a) of the Federal Food, Drug, and Cosmetic Act. (D) Fees under paragraphs (1)(A), (1)(B), (2), and (3) of section 744H of the Federal Food, Drug, and Cosmetic Act. (2) Entity described An entity described in this paragraph is an entity that— (A) is described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (B) manufactures an eligible drug or eligible device; and (C) is not currently receiving a loan or cooperative agreement under this section. (h) Funding (1) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2031. (2) Loan repayments In addition to any amounts appropriated under paragraph (1), the Secretary of the Treasury shall transfer to the Secretary of Health and Human Services annually an amount equal to the amount received for the previous year in payments on loans awarded under this section for purposes of carrying out the program under this section with respect to loans. . (b) CBO report Not later than 1 year after the date of enactment of this Act, the Director of the Congressional Budget Office shall submit budget-neutral or cost-savings policy options to Congress showing ways to capture the savings from nonprofit drug and device manufacturers supported by the program under section 399V–7 of the Public Health Service Act, as added by subsection (a). Such options shall direct at least half of such savings to create a mandatory funding stream to support grants and low-interest loans similar to grants and loans offered under section 399V–7 of the Public Health Service Act, as added by subsection (a), and any remaining portion of such savings toward ensuring the solvency of the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) and reducing out-of-pocket and premium costs under such program. (c) Priority review (1) NDA s The Secretary of Health and Human Services may grant priority review, as described in the Manual of Policies and Procedures of the Food and Drug Administration and goals identified in the letters described in section 101(b) of the Prescription Drug User Fee Amendments of 2017, for any application that includes a commitment to a specific price that represents a significant cost reduction compared to similar treatments on the market, if the sponsor is a qualified drug or device manufacturing organization (as defined in section 501(s)(4) of the Internal Revenue Code of 1986). (2) ANDA s Section 505(j)(11)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(11)(A) ) is amended— (A) in clause (i), by striking ; or and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ; or ; and (C) by adding at the end the following: (iii) for which the sponsor is a qualified drug or device manufacturing organization (as defined in section 501(s)(4) of the Internal Revenue Code of 1986), and commits to a specific price that represents a significant cost reduction compared to similar treatments on the market. . (3) Biosimilar biological products The Secretary of Health and Human Services may grant priority review for any application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) that includes a commitment to a specific price that represents a significant cost reduction compared to similar treatments on the market, if the sponsor is a qualified drug or device manufacturing organization (as defined in section 501(s)(4) of the Internal Revenue Code of 1986). (4) Breakthrough devices Section 515B(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360e–3(b)(2) ) is amended— (A) in subparagraph (C), by striking ; or and inserting a semicolon; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) for which the sponsor is a qualified drug or device manufacturing organization (as defined in section 501(s)(4) of the Internal Revenue Code of 1986), and commits to a specific price that represents a significant cost reduction compared to similar treatments on the market; or . 3. Additional rules for tax-exempt status of certain drug and medical device manufacturers (a) In general Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Additional requirements for certain drug or medical device manufacturers (1) Treatment as charitable organization A qualified drug or medical device manufacturing organization shall be treated as an organization organized and operated exclusively for charitable purposes under subsection (c)(3) if— (A) such organization meets the requirements under paragraph (4), (B) no part of the net earnings of such organization inures to the benefit of any private shareholder or individual, (C) no substantial part of the activities of such organization is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and (D) such organization does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. (2) Treatment as social welfare organization A qualified drug or medical device organization shall be treated as an organization organized and operated primarily to promote social welfare under subsection (c)(4) if— (A) such organization meets the requirements under paragraph (4), and (B) no part of the net earnings of such organization inures to the benefit of any private shareholder or individual. (3) Qualified drug or medical device manufacturing organization For purposes of this section— (A) In general The term qualified drug or medical device manufacturing organization means an organization that is organized and operated exclusively for the production of drugs or devices. (B) Special rule An organization shall not fail to be treated as a qualified drug or medical device manufacturing organization solely because such organization provides public health education, conducts public health screenings, or conducts other related charitable activities. (4) Requirements The requirements of this paragraph are as follows: (A) Organization and operation The organization is organized as a nonprofit corporation under State law and is compliant with the laws of the State pertaining to operation as a pharmaceutical or medical device manufacturer. (B) Drugs and devices Each drug or device manufactured by the organization— (i) furthers a public health objective (as determined by the Secretary, in consultation with the Secretary of Health and Human Services), such as addressing barriers related to availability, shortage, or price, and (ii) meets such other requirements, as determined by the Secretary, in consultation with the Secretary of Health and Human Services. (C) List price (i) In general The organization establishes a public list price for each drug or device manufactured by the organization in accordance with clause (ii) and charges no more than such public list price. (ii) Maximum list price The amount of the public list price established under this clause with respect to any drug or device shall not be more than 120 percent of the sum of— (I) the production costs for the drug or device, (II) an amount calculated to recover up to the previous 5 years of qualified research expenses (as defined in section 41) attributable to the drug or device over a 5-year period, (III) the regulatory costs associated with developing and maintaining a marketed drug or device, (IV) the anticipated costs (not greater than the usual and customary rates) of storing, warehousing, and distributing the drug or device, plus (V) interest on loans directly financing the development or production of the drug or device. (D) Compensation (i) In general The organization meets the requirements of clauses (ii), (iii), and (iv). (ii) Compensation amount (I) In general The highest total remuneration offered to any employee of the organization or of an applicable independent contractor of the organization is not more than 40 times greater than the total remuneration offered to the lowest-compensated employee of the organization or of any applicable independent contractor of the organization. For purposes of this clause, the compensation provided to a part-time hourly employee shall be determined by applying such employee's hourly wage to the number of hours of a full-time employee. (II) Applicable independent contractor The term applicable independent contractor means, with respect to any organization, any independent contractor that has less than 2 employees and the contract for which specifies an hourly rate. (iii) Compensation of other independent contractors In the case of any independent contractor of the organization that is not an applicable independent contractor, the organization— (I) compensates any work done at a fair market rate, and (II) keeps such financial information as required by the Secretary with respect to amounts paid to such independent contractors. (iv) Prohibition on outside compensation The organization does not permit employees to be compensated from any other person for work related to the organization. (E) Board of directors The organization— (i) maintains an independent board of directors, and (ii) maintains a clear financial separation from— (I) entities with which the organization conducts business, and (II) entities from which the organization purchases goods or services. (5) Other definitions For purposes of this subsection— (A) Drug The term drug means any drug that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). (B) Device The term device means any device that is approved under section 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360e ), cleared under section 510(k) of such Act ( 21 U.S.C. 360(k) ), or authorized under section 513(f)(2) of such Act ( 21 U.S.C. 360c(f)(2) ). (6) Regulations The Secretary shall issue such regulations and guidance as may be necessary to carry out the provisions of this subsection, including guidance relating to determining acceptable methods for making the calculation under paragraph (4)(C)(ii). . (b) Treatment as a public charity Section 509(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting , and , and by inserting after paragraph (4) the following new paragraph: (5) an organization which meets the requirements of subparagraphs (A), (B), (C), and (D) of section 501(s)(1). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (d) Sense of the Senate It is the sense of the Senate that nothing in the amendments made by this section shall be construed to prevent an organization that manufactures drugs or medical devices and that is otherwise described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986 from being treated as an organization that is so described. | https://www.govinfo.gov/content/pkg/BILLS-117s2257is/xml/BILLS-117s2257is.xml |
117-s-2258 | II 117th CONGRESS 1st Session S. 2258 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hickenlooper (for himself, Mr. Padilla , Ms. Duckworth , Mr. Blumenthal , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization, and park development for communities impacted by COVID–19.
1. Short title This Act may be cited as the Parks, Jobs, and Equity Act . 2. Definitions In this Act: (1) Eligible entity The term eligible entity means— (A) a city or town of a State or territory of the United States, or an Indian Tribe, that— (i) represents or otherwise serves a qualifying urban area; or (ii) has a population of 30,000 or more in the most recent census; (B) a special purpose district serving— (i) a qualifying urban area; or (ii) a city or town with a population of 30,000 or more in the most recent census and managing open space for public recreation; and (C) the District of Columbia. (2) Indian Tribe The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Low-income community The term low-income community means any census block group in which 51 percent or more households have an annual income equal at or below 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development. (4) Parks, jobs and equity program The term Parks, Jobs, and Equity Program means the program established under section 3(a). (5) Poverty level The term poverty level means the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget. (6) Qualifying urban area The term qualifying urban area means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census. (7) Secretary The term Secretary means the Secretary of the Interior. 3. Grants authorized (a) In general The Secretary shall establish the Parks, Jobs, and Equity Program to support park development and delivery of recreation services, and in so doing, help create or preserve jobs, and provide economic stimulus in communities impacted by COVID–19. (b) Funding The Secretary, acting through the Parks, Jobs, and Equity Program, shall provide funding to States, territories, the District of Columbia, and Indian Tribes according to the following formula: (1) 49 percent divided equally among the States. For the purposes of this paragraph, the District of Columbia and the territories of the United States shall collectively be treated as a single State and shall receive shares of apportionment in proportion to qualifying urban areas. (2) 49 percent divided proportionally among States based on each State’s share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census. (3) 2 percent for competitive grants to be awarded by the Secretary to Indian Tribes that qualify as an eligible entity. 4. Allocation (a) Amounts to States, Territories, and the District of Columbia The Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows: (1) Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community. (2) Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000. (3) Not more than 2.5 percent of funds may be used for administrative expenses of the State, territory, or the District of Columbia. (4) Not more than 10 percent of funds provided to an eligible entity may be used for administrative expenses. (b) Amounts to Indian Tribes (1) Amount Grant amounts under this Act to an eligible Indian Tribe shall be not less than $50,000 and not more than $1,000,000. (2) Administrative expenses An Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses. (c) Timing (1) Distribution of funds The Secretary shall distribute funds made available to carry out this Act not more than 45 days after such funds are made available to the Secretary. (2) Application procedures The Governors or Executive Officers of States and territories and the governing body of each Indian Tribe shall— (A) devise accelerated application procedures by which eligible entities may apply for funds under this Act; (B) inform eligible entities and low-income communities about the opportunity to apply for funds under this Act, the application procedures by which eligible entities may apply for funds, and the eligible uses for funding; (C) distribute funds to eligible entities not later than 180 days after distribution from the Secretary; and (D) direct each eligible entity that receives funds under this Act to spend such funds not later than 2 years after the funds are made available to that eligible entity. (3) Extension Governors and Executive Officers of a State or territory and the governing body of an Indian Tribe may grant extensions of the deadlines in this subsection for not more than 180 additional days for good cause shown. 5. Eligible uses (a) In general A grant recipient may use a grant awarded under this Act— (1) to acquire land or water that will be used to provide outdoor recreation opportunities to the public; (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public; (3) to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and (4) to develop native event sites and cultural gathering spaces. (b) Priorities Priority shall be given to projects that— (1) create or significantly enhance park and recreational opportunities for a community in a qualifying urban area that lacks parks and/or outdoor recreation areas within one-half mile or a 10-minute walk; (2) improve outdoor recreation opportunities for high-need populations based on income, age, or other measures of vulnerability and need; (3) provide opportunities for employment or job training either in park construction or rehabilitation or delivery of recreation services; (4) engage and empower underserved communities and youth; and (5) take advantage of coordination among various levels of government. (c) Limitations on use A grant recipient may not use grant funds for— (1) maintenance activities; (2) facilities that support semiprofessional or professional athletics; (3) indoor facilities such as recreation centers or facilities that support primarily nonoutdoor purposes; (4) activities that are not in accordance with Comprehensive State Plans under section 200305 of title 54, United States Code; or (5) acquisition of land or interests in land that restrict access to specific persons. 6. Reporting (a) Requirement Each year that a State or Territory that receives a grant under this Act shall submit to the Secretary performance and financial reports that— (1) summarize the status of and activities conducted under each subgrant during the report period; and (2) provide a description of each subgrant project’s accomplishments and impact during the report period, such as new park access opportunities, new recreation opportunities (facilities and services), jobs created, and other community benefits. (b) Availability to Congress The Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources. 7. Authorization of appropriations There are authorized to be appropriated to the Secretary for the purposes of this Act, $500,000,000, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2258is/xml/BILLS-117s2258is.xml |
117-s-2259 | II 117th CONGRESS 1st Session S. 2259 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Education to establish a Climate Change Resilience Program, and for other purposes.
1. Short title This Act may be cited as the Resilient Schools Act of 2021 . 2. Findings Congress makes the following findings: (1) The climate crisis is a current and future danger, and will affect students’ learning opportunities if schools are not resilient to climate disasters. (2) In order to create a conducive learning environment, schools will need to be resilient to current and future climate disasters. (3) Students who live in communities that are most at risk to climate disasters are at higher risk of losing school days to those disasters. (4) Students need climate-disaster safe buildings to ensure that they are able to keep learning in the face of climate disasters. (5) School resiliency provides an opportunity to create broader climate resiliency in the surrounding community. (6) Public schools, more so than any other widely dispersed institution in the United States, lie within frontline communities, low-income communities, and communities of color. 3. Definitions In this Act: (1) Climate justice The term climate justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of policies and projects to ensure that each person enjoys the same degree of protection from the adverse effects of climate change. (2) Community resiliency center The term community resiliency center means a center that provides community resources and improves disaster preparedness, response, or recovery in the community and— (A) may conduct, or provide space for, targeted activities such as helping reach community members not well-served by existing resources or preparedness programs, and serving as a shelter or communications center in emergencies, distributing food, energy and other basic needs during or after a disaster, and enabling faster recovery through connecting community members with services; and (B) may distribute food, energy, or other basic needs on an ongoing basis. (3) Environmental justice The term environmental justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys— (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action on justice issues related to the environment in order to have a healthy environment in which to live, learn, work, and recreate. (4) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects as compared to other communities. (5) Local educational agency; state educational agency The terms local educational agency and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. (7) Secretary The term Secretary means the Secretary of Education. 4. Climate change resiliency program The Secretary shall establish a Climate Change Resiliency Program to— (1) increase the resiliency of the United States public school system during— (A) climate change-related events and natural disasters, including extreme weather events, droughts, hurricanes, coastal and inland flooding, sea level rise, increased storm surge, wildfires, mudslides, extreme temperatures, tornadoes, earthquakes, and volcanos; and (B) public health crises; (2) increase the ability of the United States public school system to advance climate justice and environmental justice by serving as community resiliency centers; (3) build partnerships among local businesses, labor unions, apprenticeship programs, nonprofit organizations, and educators to facilitate applied STEM and social science learning opportunities related to climate resiliency for students and create local jobs; and (4) prioritize public educational institutions as centers of innovation and pathways to green collar jobs through investments in vocational and technical education in public schools that connect to labor organization apprenticeships and other high-road jobs. 5. Grant program (a) In general As part of the Climate Change Resiliency Program established under section 4, the Secretary shall establish a program to make grants to State educational agencies, in partnership with local educational agencies and local nonprofit organizations, for the development and implementation of Statewide, regional, or local climate resiliency plans or climate resiliency projects for kindergarten through grade 12 public schools, with the aim of enabling public schools to serve as community resiliency centers. (b) Climate resiliency plans and projects Each climate resiliency plan or climate resiliency project under subsection (a) shall include 1 or more of the following depending on the needs of the schools and surrounding communities to be served: (1) Improvements to school buildings and grounds, including projects such as— (A) securing and insulating the school envelope, ensuring that the school building can maintain a habitable temperature, and avoid catastrophic damage during climate disasters and power outages; (B) improving air conditioning, monitoring, and purifying via installation of high-efficiency heat pumps that provide both cooling and heating, air purifiers, air filtration systems, and air quality monitoring systems integrated with energy systems and energy efficiency considerations in preparation for future natural hazards and public health crises such as wildfire, smog, extreme heat events, and pandemics; (C) providing integrated solutions that combine any measures related to efficiency, temperature control, air quality, toxic substance remediation, energy storage, and renewable energy; (D) installing on-site distributed generation that combines energy efficient devices, energy storage, and renewable energy to allow the school to access essential energy during power outages and optimize use of on-site and off-site energy sources for emissions reductions; (E) upgrading school kitchen facilities to support the preparation of scratch-cooked student meals that use whole ingredients and are rich in fruits, vegetables, legumes, and whole grains; (F) projects that generate and maintain publicly accessibly integrated sustainability data and building management platforms; (G) improving walkability and accessibility on school grounds and in school buildings; and (H) acquiring relevant disaster response equipment and carrying out disaster response training. (2) Green infrastructure projects and projects to increase food supply resiliency, such as— (A) wetlands, drainage ponds, and any other green infrastructure to protect schools from projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (B) green rooftops, walls, and indoor plantings, particularly those that can provide temperature management and air quality improvements; (C) tree plantings and green playgrounds that, at appropriate times, can act as a green space for the community; (D) community gardens that may be used by the school to provide healthy food for students or by the community to provide healthy food for community residents; (E) procurement of local, organic, and sustainably-produced food, including a focus on healthy, plant-based options; and (F) large scale food composting operations, and other projects to reduce single-use plastic and promote zero-waste options. (3) Projects to enable remote learning in the event that a school building is unusable due to a natural disaster, climate- or climate-change related event, severe weather, or infectious disease outbreaks. (4) Projects for climate resiliency education, including STEM and social science education and career preparation, such as projects that combine upgrades to school buildings and grounds with career and technical education opportunities. (5) Any other type of plan or project carried out by the State educational agency that the Secretary determines will increase the resiliency of a school or school infrastructure provided, operated, or owned by the State educational agency with respect to the events described in section 4(1). (c) Priority The Secretary shall develop metrics to evaluate grant applications and give priority to applications for climate resiliency plans or climate resiliency projects that focus on improving schools in neighborhoods that experience low air quality, lack green space and healthy food, bear higher cumulative pollution burdens, or are at high risk of experiencing the adverse effects of climate change. (d) Components The Secretary, directly or through partnerships with States and nonprofit organization, shall provide technical assistance to support grantees in developing and implementing climate resiliency plans or climate resiliency projects that— (1) provide hands-on education and applied STEM and social science learning opportunities to students; (2) demonstrate a commitment to provide job training, apprenticeship programs, and contracting opportunities to residents and small businesses owned by residents of the community that the school serves; (3) identify and further community priority actions and conduct robust community engagement; (4) utilize climate change data for a proactive solutions; (5) employ nature-based solutions that focus on protection, restoration, or management of ecological systems to safeguard public health, provide clean air and water, increase natural hazard resilience, and sequester carbon; (6) increase equitable outcomes for and support strong partnerships with environmental justice communities and climate vulnerable populations; (7) achieve broad and multiple community benefits; and (8) monitor project success and maintaining the project into the future. (e) Existing initiatives The Secretary may encourage and give priority to climate resiliency plans or climate resiliency projects that integrate with and inform existing sustainability initiatives, such as the Department of Education Green Ribbon Schools program. (f) Environmental health The Secretary may develop and encourage metrics to support consistent reporting of environmental health best practices and other outcomes. (g) Coordination with Environmental Protection Agency The Secretary shall coordinate with the Administrator of the Environmental Protection Agency to provide technical guidance or assistance to State educational agencies in designing and carrying out climate resiliency plans or climate resiliency projects funded by the grant program as they relate to healthy schools. (h) Coordination with department of energy The Secretary shall coordinate with the Secretary of Energy to develop metrics to evaluate grant applications and provide technical assistance to State and local educational agencies in designing and carrying out climate resiliency plans or climate resiliency projects. (i) Environmental justice communities The Secretary shall ensure that not less than 50 percent of funds awarded under this section are used for projects located in environmental justice communities. (j) Wage rate requirements (1) In general Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by a grant under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly 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. (k) Use of american iron, steel, and manufactured products (1) Definitions In this subsection: (A) Manufactured product The term manufactured product means any construction material or end product (as those terms are defined in part 25.003 of the Federal Acquisition Regulation) that is not an iron or steel product, including— (i) electrical components; and (ii) non-ferrous building materials, including aluminum, polyvinylchloride, glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. (B) Produced in the united states The term produced in the United States means the following: (i) When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of that product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product. (ii) When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for those iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include— (I) steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; or (II) steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin. (2) Requirements A State that receives funds under this section shall ensure that any iron, steel, and manufactured products used in a project carried out with those funds are produced in the United States. (3) Waiver authority (A) In general The Secretary may waive the requirement under paragraph (2) if the Secretary determines that— (i) applying the requirement would be inconsistent with the public interest; (ii) iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available quantity or are not of a satisfactory quality; or (iii) using iron, steel, and manufactured products produced in the United States will increase the cost of the applicable overall project by more than 25 percent. (B) Publication Before issuing a waiver under subparagraph (A), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination. (4) Consistency with international agreements This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. 6. Report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that evaluates the effectiveness of the activities carried out under this Act. 7. Authorization of appropriations (a) In general There is authorized to be appropriated to the Department of Education to carry out this Act $4,000,000,000 for each of fiscal years 2022 through 2032. (b) Limitation Not more than 5 percent of the funds appropriated to carry out this Act shall be used for projects described in section 5(b)(3). | https://www.govinfo.gov/content/pkg/BILLS-117s2259is/xml/BILLS-117s2259is.xml |
117-s-2260 | II 117th CONGRESS 1st Session S. 2260 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To increase the maximum penalties for assaulting Federal officers by 50 percent.
1. Protecting law enforcement officers in the line of duty Chapter 7 of title 18, United States Code, is amended— (1) in section 111(b), by striking 20 years and inserting 30 years ; and (2) in section 115(b)(1)(B)— (A) in clause (i), by striking 1 year and inserting 18 months ; (B) in clause (ii), by striking 10 years and inserting 15 years ; (C) in clause (iii), by striking 20 years and inserting 30 years ; and (D) in clause (iv), by striking 30 years and inserting 45 years . | https://www.govinfo.gov/content/pkg/BILLS-117s2260is/xml/BILLS-117s2260is.xml |
117-s-2261 | II 117th CONGRESS 1st Session S. 2261 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Duckworth (for herself, Mr. Durbin , Mr. Blumenthal , Mr. Wyden , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to allow certain alien veterans to be paroled into the United States to receive health care furnished by the Secretary of Veterans Affairs.
1. Short title This Act may be cited as the Healthcare Opportunities for Patriots in Exile Act or the HOPE Act . 2. Parole for certain veterans Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended— (1) in subparagraph (A), by striking subparagraph (B) or and inserting subparagraphs (B) and (C) and ; (2) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and (3) by adding at the end the following: (C) (i) The Secretary of Homeland Security may parole any alien qualified under clause (ii) into the United States— (I) at the discretion of the Secretary; (II) on a case-by-case basis; and (III) temporarily under such conditions as the Secretary may prescribe. (ii) To qualify for parole under clause (i) an alien applying for admission to the United States shall— (I) be a veteran (as defined in section 101 of title 38, United States Code); (II) seek parole to receive health care furnished by the Secretary of Veterans Affairs under chapter 17 of title 38, United States Code; and (III) be outside of the United States pursuant to having been ordered removed or voluntarily departed from the United States under section 240B. (iii) Parole of an alien under clause (i) shall not be regarded as an admission of the alien. (iv) If the Secretary of Homeland Security determines that the purposes of such parole have been served the alien shall forthwith return or be returned to the custody from which the alien was paroled. (v) Parole shall not be available under clause (i) for an alien who is inadmissible due to a criminal conviction— (I) (aa) for a crime of violence (as defined in section 16(a) of title 18, United States Code), excluding a purely political offense; or (bb) for a crime that endangers the national security of the United States; and (II) for which the alien has served a term of imprisonment of at least 5 years. . | https://www.govinfo.gov/content/pkg/BILLS-117s2261is/xml/BILLS-117s2261is.xml |
117-s-2262 | II 117th CONGRESS 1st Session S. 2262 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Klobuchar (for herself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish an income tax credit for the sale or blending of certain fuels containing ethanol.
1. Short title This Act may be cited as the Low Carbon Biofuel Credit Act . 2. Credit for sale or blending of ethanol fuels (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Credit for sale or blending of ethanol fuels (a) In general For purposes of section 38, the ethanol fuel credit determined under this section for any taxable year is an amount equal to— (1) in the case of an applicable taxpayer which is described in subsection (b)(1)(A)— (A) for each gallon of E15 blended by such taxpayer, 5 cents, and (B) for each gallon of fuel blended by such taxpayer which contains more than 15 volume percent ethanol, 10 cents, and (2) subject to subsection (c), in the case of an applicable taxpayer which is described in subsection (b)(1)(B)— (A) for each gallon of E15 sold by such taxpayer, 5 cents, and (B) for each gallon of fuel sold by such taxpayer which contains more than 15 volume percent ethanol, 10 cents. (b) Definitions For purposes of this section— (1) Applicable taxpayer The term applicable taxpayer means— (A) an oxygenate blender (as defined in section 1090.80 of title 40, Code of Federal Regulations), and (B) a retailer (as defined in paragraph (7) of section 101 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2801 )). (2) E 15 The term E15 means gasoline that contains more than 13 and no more than 15 volume percent ethanol. (c) Election (1) In general (A) Election by oxygenate blender Subsection (a)(1) shall apply with respect to any gallon of fuel described in such subsection only if the applicable taxpayer described in subsection (b)(1)(A) elects to have such subsection apply with respect to such gallon of fuel. (B) Notification The applicable taxpayer described in subparagraph (A) shall provide notice of their election with respect to any gallon of fuel described in such subparagraph to any applicable taxpayer described in subsection (b)(1)(B) to which such fuel is sold, with such notice to be provided on or before the date of such sale. (2) Credit for retailer available only if not claimed by oxygenate blender Subsection (a)(2) shall apply with respect to any gallon of fuel described in such subsection only if the applicable taxpayer described in subsection (b)(1)(A) has not elected (pursuant to paragraph (1)) to apply subsection (a)(1) with respect to such gallon of fuel. (d) Refundable credit for small retailers For purposes of this title, in the case of a retailer with not greater than 5 retail locations at the close of the taxable year, the credit allowed under subsection (a)(2) for such taxable year shall be treated as a credit allowable under subpart C (and not allowable under this subpart) for such taxable year. (e) Transfer of credit (1) In general Subject to such regulations or other guidance as the Secretary determines necessary or appropriate, if, with respect to the credit allowed under subsection (a) for any taxable year, the applicable taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible entity specified in such election, and not the applicable taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (2) Eligible entity For purposes of this subsection, the term eligible entity means any person within the supply chain for fuel described in such section (a). . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 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 credit for sale or blending of ethanol fuels under section 45U to which subsection (d) of such section does not apply. . (c) Conforming amendment The table of sections for 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 item: Sec. 45U. Credit for sale or blending of ethanol fuels. . (d) Effective date The amendments made by this section shall apply to fuel blended or sold after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2262is/xml/BILLS-117s2262is.xml |
117-s-2263 | II 117th CONGRESS 1st Session S. 2263 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Brown (for himself, Ms. Cantwell , Mr. Warnock , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a tax credit for sustainable aviation fuel, and for other purposes.
1. Short title This Act may be cited as the Sustainable Skies Act . 2. Sustainable aviation fuel credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: 40B. Sustainable aviation fuel credit (a) In general (1) Credit amount For purposes of section 38, the sustainable aviation fuel credit for the taxable year is, with respect to each gallon of sustainable aviation fuel which is used by the taxpayer in the production of a qualified mixture— (A) a base credit amount of $1.50, plus (B) the applicable supplementary credit amount. (2) Applicable supplementary credit amount (A) In general For purposes of paragraph (1), the applicable supplementary credit amount is $0.01 for every percentage point above 50 percent for which the sustainable aviation fuel is certified under subsection (f) to reduce emissions in comparison with petroleum-based jet fuel as described in subsections (d)(2)(A) or (d)(2)(B). (B) Maximum supplementary credit amount For purposes of subparagraph (A), the maximum applicable supplementary credit amount allowable is $0.50. (3) 40A Exception If the biodiesel fuels credit under section 40A is not in effect for a taxable year, paragraph (1)(A) shall by applied by substituting $1.15 for $1.50 . (b) Qualified mixture For purposes of this section, the term qualified mixture means a mixture of sustainable aviation fuel and kerosene, which— (1) is sold by the taxpayer producing such mixture for use in an aircraft that has fuel uplift in the United States, or (2) is used— (A) by the taxpayer producing such mixture, and (B) in an aircraft that has fuel uplift in the United States. (c) Sale or use must be in trade or business, etc Sustainable aviation fuel used in the production of a qualified mixture shall be taken into account— (1) only if the sale or use described in subsection (b) is in a trade or business of the taxpayer, and (2) for the taxable year in which such sale or use occurs. (d) Sustainable aviation fuel For purposes of this section, the term sustainable aviation fuel means liquid fuel— (1) that— (A) consists of synthesized hydrocarbons, (B) meets the requirements of— (i) ASTM International Standard D7566, or (ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, (C) is derived from biomass (as such term is defined in section 45K(c)(3)), waste streams, renewable energy sources, or gaseous carbon oxides, and (D) is not derived from palm fatty acid distillates, and (2) that achieves at least a 50 percent lifecycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel, as determined by a test that shows— (A) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle emissions and the positive induced land use change values under the lifecycle methodology for sustainable aviation fuels adopted by the International Civil Aviation Organization with the agreement of the United States, or (B) the fuel production pathway achieves at least a 50 percent reduction of the aggregate attributional core lifecycle greenhouse gas emissions values and the positive induced land use change values under another methodology that the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy working jointly, determines is— (i) reflective of the latest scientific understanding of lifecycle greenhouse gas emissions, and (ii) as stringent as the requirement under subparagraph (A). (e) Time limit for adoption of new sustainable aviation fuel emissions reduction test For purposes of subparagraph (B) of subsection (d)(2), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy working jointly, shall, within 24 months after the date of the enactment of this section, adopt at least one methodology for testing lifecycle greenhouse gas emissions that meets the requirements of such subparagraph. (f) Certification requirements (1) In general No credit shall be allowed under subsection (a) unless the taxpayer meets certification requirements demonstrating the sustainable aviation fuel conforms with one of the lifecycle greenhouse gas emissions reduction tests under subsection (d)(2). (2) Certification requirement for test in (d)(2)(A) For purposes of paragraph (1), with respect to certifications based on the test under subparagraph (A) of subsection (d)(2), the taxpayer shall obtain from the fuel producer a certification from a sustainability certification scheme approved by the International Civil Aviation Organization demonstrating that the fuel conforms with the Carbon Offsetting and Reduction Scheme for International Aviation’s sustainability criteria and the traceability and information transmission requirements approved by the International Civil Aviation Organization with the agreement of the United States. (3) Certification requirements for test in (d)(2)(B) For purposes of paragraph (1), with respect to certifications based on the test under subparagraph (B) of subsection (d)(2)— (A) the taxpayer shall obtain from the fuel producer a certification that the fuel has been determined by the Environmental Protection Agency to qualify under the requirements of such subparagraph, and (B) the taxpayer shall obtain from the fuel producer an additional certification that the fuel conforms with the sustainability criteria and the traceability and information transmission requirements that the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy working jointly, determines are equivalent with those necessary to claim emissions reductions from sustainable aviation fuel use under the Carbon Offsetting and Reduction Scheme for International Aviation adopted by the International Civil Aviation Organization with the agreement of the United States. (g) Termination This section shall not apply to any sale or use after December 31, 2031. . (b) Credit made part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by inserting after paragraph (33) the following new paragraph: (34) the sustainable aviation fuel credit determined under section 40B. . (c) Conforming amendment Section 40A(f) of such Code is amended by striking paragraph (4). (d) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2263is/xml/BILLS-117s2263is.xml |
117-s-2264 | II 117th CONGRESS 1st Session S. 2264 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Schatz (for himself, Ms. Murkowski , Mr. Hoeven , Mr. Tester , Ms. Smith , Ms. Cortez Masto , Mr. Luján , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996.
1. Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2021 . 2. Consolidation of environmental review requirements Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4115 ) is amended by adding at the end the following: (e) Consolidation of environmental review requirements (1) In general In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project. (2) Discharge The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project. (3) Certification An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)— (A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and (B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1). (4) Liability (A) In general An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review. (B) Remedies and sanctions Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with— (i) the regulations issued pursuant to section 106; or (ii) such regulations as are issued by the other head. (C) Statutory violation waivers If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency. . 3. Authorization of appropriations Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 ) is amended, in the first sentence, by striking 2009 through 2013 and inserting 2022 through 2032 . 4. Student housing assistance Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) ) is amended by inserting including education-related stipends, college housing assistance, and other education-related assistance for low-income college students, after self-sufficiency and other services, . 5. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(a)(2) ) is amended by inserting owned or operated by a recipient and after residing in a dwelling unit . 6. Program requirements Section 203(a) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(a) ) (as amended by section 5) is amended— (1) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: (2) Application of tribal policies Paragraph (3) shall not apply if— (A) the recipient has a written policy governing rents and homebuyer payments charged for dwelling units; and (B) that policy includes a provision governing maximum rents or homebuyer payments, including tenant protections. ; and (4) in paragraph (3) (as so redesignated), by striking In the case of and inserting In the absence of a written policy governing rents and homebuyer payments, in the case of . 7. De minimis exemption for procurement of goods and services Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(g) ) is amended by striking $5,000 and inserting $10,000 . 8. Homeownership or lease-to-own low-income requirement and income targeting Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4135 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and ; and (2) in subsection (c)— (A) by striking The provisions and inserting the following: (1) In general The provisions ; and (B) by adding at the end the following: (2) Applicability to improvements The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home. . 9. Lease requirements and tenant selection Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4137 ) is amended by adding at the end the following: (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . 10. Indian Health Service (a) In general Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131 et seq. ) is amended by adding at the end the following: 211. IHS sanitation facilities construction Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project. . (b) Clerical amendment The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( Public Law 104–330 ; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following: Sec. 211. IHS sanitation facilities construction. . 11. Statutory authority to suspend grant funds in emergencies Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4161(a)(4) ) is amended— (1) in subparagraph (A), by striking may take an action described in paragraph (1)(C) and inserting may immediately take an action described in paragraph (1)(C) ; and (2) by striking subparagraph (B) and inserting the following: (B) Procedural requirements (i) In general If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action. (ii) Notice requirements The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice. (iii) Hearing requirements A hearing requested under clause (ii) shall be conducted— (I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and (II) to the maximum extent practicable, on an expedited basis. (iv) Failure to conduct a hearing If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective. . 12. Reports to Congress Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4167 ) is amended— (1) in subsection (a), by striking Congress and inserting Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives ; and (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . 13. 99-year leasehold interest in trust or restricted lands for housing purposes Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4211 ) is amended— (1) in the section heading, by striking 50-year and inserting 99-year ; (2) in subsection (b), by striking 50 years and inserting 99 years ; and (3) in subsection (c)(2), by striking 50 years and inserting 99 years . 14. Amendments for block grants for affordable housing activities Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4222(e) ) is amended by— (1) by striking The Director and inserting the following: (1) In general The Director ; and (2) by adding at the end the following: (2) Subawards Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act. . 15. Reauthorization of Native Hawaiian homeownership provisions Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 ) is amended by striking such sums as may be necessary and all that follows through the period at the end and inserting such sums as may be necessary for each of fiscal years 2022 through 2032. . 16. Total development cost maximum project cost Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities. 17. Community-based development organizations Section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) is amended by adding at the end the following: (i) Indian tribes and tribally designated housing entities as community-Based development organizations (1) Definition In this subsection, the term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (2) Qualification An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1). . 18. Indian tribe eligibility for hud housing counseling grants Section 106(a)(4) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(4) ) is amended— (1) in subparagraph (A)— (A) by striking and and inserting a comma; and (B) by inserting before the period at the end the following: , Indian tribes, and tribally designated housing entities ; (2) in subparagraph (B), by inserting , Indian tribes, and tribally designated housing entities after organizations) ; (3) by redesignating subparagraph (F) as subparagraph (G); and (4) by inserting after subparagraph (E) the following: (F) Definitions In this paragraph, the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). . 19. Section 184 Indian Home Loan Guarantee program (a) In general Section 184(b)(4) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(4)) is amended by— (1) redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by striking The loan and inserting the following: (A) In general The loan ; (3) in subparagraph (A), as so designated, by adding at the end the following: (v) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (4) by adding at the end the following: (B) Direct guarantee process (i) Authorization The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section. (ii) Indemnification (I) In general If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (II) Fraud or misrepresentation If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid. (C) Review of mortgagees (i) In general The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. (ii) Requirements In conducting a review under clause (i), the Secretary— (I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee; (II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary; (iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and (I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)— (aa) based on a comparison of any of the factors set forth in this subparagraph; or (bb) by a determination that the mortgagee engaged in fraud or misrepresentation. . (b) Loan guarantees for Indian housing Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended— (1) in subparagraph (B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2022 through 2032. ; and (2) in subparagraph (C), by striking 2008 through 2012 and inserting 2022 through 2032 . 20. Loan guarantees for Native Hawaiian housing Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ) is amended— (1) in subsection (c)(4)(B)— (A) by redesignating clause (iv) as clause (v); and (B) by adding after clause (iii) the following: (iv) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (2) in subsection (j)(5)(B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2022 through 2032. . 21. Assistant secretary for Indian housing The Department of Housing and Urban Development Act ( 42 U.S.C. 3531 et seq. ) is amended— (1) in section 4 ( 42 U.S.C. 3533 )— (A) in subsection (a)(1), by striking 7 and inserting 8 ; and (B) in subsection (e)— (i) by redesignating paragraph (2) as paragraph (4); and (ii) by striking (e)(1)(A) There and all that follows through the end of paragraph (1) and inserting the following: (e) (1) There is established within the Department the Office of Native American Programs (in this subsection referred to as the Office ) to be headed by an Assistant Secretary for Native American Programs (in this subsection referred to as the Assistant Secretary ), who shall be 1 of the Assistant Secretaries in subsection (a)(1). (2) The Assistant Secretary shall be responsible for— (A) administering, in coordination with the relevant office in the Department, the provision of housing assistance to Indian tribes or Indian housing authorities under each program of the Department that provides for such assistance; (B) administering the community development block grant program for Indian tribes under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) and the provision of assistance to Indian tribes under such Act; (C) directing, coordinating, and assisting in managing any regional offices of the Department that administer Indian programs to the extent of such programs; and (D) coordinating all programs of the Department relating to Indian and Alaska Native housing and community development. (3) The Secretary shall include in the annual report under section 8 a description of the extent of the housing needs for Indian families and community development needs of Indian tribes in the United States and the activities of the Department, and extent of such activities, in meeting such needs. ; and (2) in section 8 ( 42 U.S.C. 3536 ), by striking section 4(e)(2) and inserting section 4(e)(4) . 22. Drug elimination program (a) Definitions In this section: (1) Controlled substance The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Drug-related crime The term drug-related crime means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. (3) Recipient The term recipient — (A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ); and (B) includes a recipient of funds under title VIII of that Act ( 25 U.S.C. 4221 et seq. ). (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment The Secretary may make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) for use in eliminating drug-related and violent crime. (c) Eligible activities Grants under this section may be used for— (1) the employment of security personnel; (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services; (3) physical improvements which are specifically designed to enhance security; (4) the employment of 1 or more individuals— (A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); and (B) to provide evidence relating to such crime in any administrative or judicial proceeding; (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials; (6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), including drug-abuse prevention, intervention, referral, and treatment programs; (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; (8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and (9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math. (d) Applications (1) In general To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by— (A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and (B) such additional information as the Secretary may reasonably require. (2) Criteria The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as— (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance; (B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; (C) the capability of the applicant to carry out the plan; and (D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application. (e) High intensity drug trafficking areas In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(b) ). (f) Reports (1) Grantee reports The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section. (2) HUD reports Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of— (A) the methodology used to distribute amounts made available under this section; and (B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2). (g) Notice of funding awards The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants. (h) Monitoring (1) In general The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section. (2) Prohibition of funding baseline services (A) In general Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs. (B) Description Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located. (3) Enforcement The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include— (A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2); (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each fiscal years 2022 through 2032 to carry out this section. 23. Rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following: (E) Indian veterans housing rental assistance program (i) Definitions In this subparagraph: (I) Eligible Indian veteran The term eligible Indian veteran means an Indian veteran who is— (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient The term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (III) Indian; Indian area The terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (IV) Indian veteran The term Indian veteran means an Indian who is a veteran. (V) Program The term Program means the Tribal HUD–VASH program carried out under clause (ii). (VI) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (ii) Program specifications The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program , in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. (iii) Model (I) In general Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions (aa) Secretary of Housing and Urban Development After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of Veterans Affairs After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria The Secretary shall award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that recipients shall— (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation (I) Grant recipients; tribal organizations The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian Health Service The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants The Secretary may— (I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting (I) In general Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. (II) Analysis of housing stock limitation The Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program. . 24. Leveraging All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) are spent in accordance with that Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2264is/xml/BILLS-117s2264is.xml |
117-s-2265 | II 117th CONGRESS 1st Session S. 2265 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Duckworth (for herself, Mr. Durbin , Mr. Blumenthal , Mr. Wyden , Ms. Hirono , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to establish a veterans visa program to permit veterans who have been removed from the United States to return as immigrants, and for other purposes.
1. Short title This Act may be cited as the Veterans Visa and Protection Act of 2021 . 2. Definitions In this Act: (1) Armed Forces The term Armed Forces has the meaning given the term armed forces in section 101 of title 10, United States Code. (2) Crime of violence The term crime of violence means an offense defined in section 16(a) of title 18, United States Code— (A) that is not a purely political offense; and (B) for which a noncitizen has served a term of imprisonment of at least 5 years. (3) Eligible veteran (A) In general The term eligible veteran means a veteran who— (i) is a noncitizen; and (ii) meets the criteria described in section 3(e). (B) Inclusion The term eligible veteran includes a veteran who— (i) was removed from the United States; or (ii) is abroad and is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (4) Noncitizen The term noncitizen means an individual who is not a citizen or national of the United States. (5) Secretary The term Secretary means the Secretary of Homeland Security. (6) Service member The term service member means an individual who is serving as a member of— (A) a regular or reserve component of the Armed Forces on active duty; or (B) a reserve component of the Armed Forces in an active status. (7) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. 3. Return of eligible veterans removed from the United States; adjustment of status (a) Program for admission and adjustment of status Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program and an application procedure that allows— (1) eligible veterans outside the United States to be admitted to the United States as aliens lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )); and (2) eligible veterans in the United States to adjust status to that of aliens lawfully admitted for permanent residence. (b) Veterans ordered removed (1) In general With respect to noncitizen veterans who are the subjects of final orders of removal, including noncitizen veterans who are outside the United States, not later than 180 days after the date of the enactment of this Act, the Attorney General shall— (A) reopen the removal proceedings of each such noncitizen veteran; and (B) make a determination with respect to whether each such noncitizen veteran is an eligible veteran. (2) Rescission of removal order In the case of a determination under paragraph (1)(B) that a noncitizen veteran is an eligible veteran, the Attorney General shall— (A) rescind the order of removal; (B) adjust the status of the eligible veteran to that of an alien lawfully admitted for permanent residence; and (C) terminate removal proceedings. (c) Veterans in removal proceedings (1) In general With respect to noncitizen veterans the removal proceedings of whom are pending as of the date of the enactment of this Act, not later than 180 days after the date of the enactment of this Act, the Attorney General shall make a determination with respect to whether each such noncitizen veteran is an eligible veteran. (2) Termination of proceedings In the case of a determination under paragraph (1) that a noncitizen veteran is an eligible veteran, the Attorney General shall— (A) adjust the status of the eligible veteran to that of an alien lawfully admitted for permanent residence; and (B) terminate removal proceedings. (d) No numerical limitations Nothing in this section or in any other provision of law may be construed to apply a numerical limitation to the number of veterans who may be eligible to receive a benefit under this section. (e) Eligibility (1) In general Notwithstanding any other provision of law, including sections 212 and 237 of the Immigration and Nationality Act (8 U.S.C. 1182 and 1227), a noncitizen veteran shall be eligible to participate in the program established under subsection (a) or for adjustment of status under subsection (b) or (c), as applicable, if the Secretary or the Attorney General, as applicable, determines that the noncitizen veteran— (A) was not removed or ordered removed from the United States based on a conviction for— (i) a crime of violence; or (ii) a crime that endangers the national security of the United States for which the noncitizen veteran has served a term of imprisonment of at least 5 years; and (B) is not inadmissible to, or deportable from, the United States based on a conviction for a crime described in subparagraph (A). (2) Waiver The Secretary may waive the application of paragraph (1)— (A) for humanitarian purposes; (B) to ensure family unity; (C) based on exceptional service in the Armed Forces; or (D) if a waiver is otherwise in the public interest. 4. Protecting veterans and service members from removal Notwithstanding any other provision of law, including section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ), a noncitizen who is a veteran or service member may not be removed from the United States unless the noncitizen has been convicted for a crime of violence. 5. Naturalization through service in the Armed Forces (a) In general Subject to subsection (b), a noncitizen who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section 3 shall be eligible for naturalization through service in the Armed Forces under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440). (b) Special rules (1) Good moral character In determining whether a noncitizen described in subsection (a) is a person of good moral character, the Secretary shall disregard the one or more grounds on which the noncitizen was— (A) removed or ordered removed from the United States; or (B) rendered inadmissible to, or deportable from, the United States. (2) Periods of absence The Secretary shall disregard any period of absence from the United States of a noncitizen described in subsection (a) due to the noncitizen having been removed from, or being inadmissible to, the United States if the noncitizen satisfies the applicable requirement relating to continuous residence or physical presence. 6. Access to military benefits A noncitizen who has obtained the status of an alien lawfully admitted for permanent residence pursuant to section 3 shall be eligible for all military and veterans benefits for which the noncitizen would have been eligible had the noncitizen not been ordered removed or removed from the United States, voluntarily departed the United States, or rendered inadmissible to, or deportable from, the United States, as applicable. 7. Implementation (a) Identification The Secretary shall identify noncitizen service members and veterans at risk of removal from the United States by— (1) before initiating a removal proceeding against a noncitizen, asking the noncitizen whether he or she is serving, or has served, as a member of— (A) a regular or reserve component of the Armed Forces on active duty; or (B) a reserve component of the Armed Forces in an active status; (2) requiring U.S. Immigration and Customs Enforcement personnel to seek supervisory approval before initiating a removal proceeding against a service member or veteran; and (3) keeping records of any service member or veteran who has been— (A) the subject of a removal proceeding; (B) detained by the Director of U.S. Immigration and Customs Enforcement; or (C) removed from the United States. (b) Record annotation (1) In general In the case of a noncitizen service member or veteran identified under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the noncitizen— (A) to reflect that the noncitizen is a service member or veteran; and (B) to afford an opportunity to track the outcomes for the noncitizen. (2) Contents of annotation Each annotation under paragraph (1) shall include— (A) the branch of military service in which the noncitizen is serving or has served; (B) whether the noncitizen is serving, or has served, during a period of military hostilities described in section 329 of the Immigration and Nationality Act ( 8 U.S.C. 1440 ); (C) the immigration status of the noncitizen on the date of enlistment; (D) whether the noncitizen is serving honorably or was separated under honorable conditions; (E) the ground on which removal of the noncitizen from the United States was sought; and (F) in the case of a noncitizen the removal proceedings of whom were initiated on the basis of a criminal conviction, the crime for which the noncitizen was convicted. 8. Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2265is/xml/BILLS-117s2265is.xml |
117-s-2266 | II 117th CONGRESS 1st Session S. 2266 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Cardin (for himself, Mr. Cassidy , Ms. Cantwell , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes.
1. Short title This Act may be cited as the Historic Tax Credit Growth and Opportunity Act of 2021 . 2. Increase in the rehabilitation credit for certain small projects (a) In general Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Special rule regarding certain small projects (1) In general In the case of any qualified rehabilitated building or portion thereof— (A) which is placed in service after the date of the enactment of this subsection, and (B) which is a small project, subsection (a)(2) shall be applied by substituting 30 percent for 20 percent . (2) Maximum credit The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. (3) Small project (A) In general For purposes of this subsection, the term small project means any certified historic structure or portion thereof if— (i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and (ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. (B) Progress expenditures Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii). . (b) Effective date The amendment made by this section shall apply to periods after the date of the enactment of this Act, 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). 3. Increasing the type of buildings eligible for rehabilitation (a) In general Section 47(c)(1)(B)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting 50 percent of before the adjusted basis . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2020. 4. Elimination of rehabilitation credit basis adjustment (a) In general Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Exception for rehabilitation credit In the case of the rehabilitation credit, paragraph (1) shall not apply. . (b) Treatment in case of credit allowed to lessee Section 50(d) of such Code is amended by adding at the end the following: In the case of the rehabilitation credit, paragraph (5)(B) of the section 48(d) referred to in paragraph (5) of this subsection shall not apply. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 5. Modifications regarding certain tax-exempt use property (a) In general Section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: (III) Disqualified lease rules to apply only in case of government entity For purposes of subclause (I), except in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), the determination of whether property is tax-exempt use property shall be made under section 168(h) without regard to whether the property is leased in a disqualified lease (as defined in section 168(h)(1)(B)(ii)). . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2266is/xml/BILLS-117s2266is.xml |
117-s-2267 | II 117th CONGRESS 1st Session S. 2267 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Klobuchar (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a tax credit for the production of flexible fuel vehicles, and to amend title 49, United States Code, to restore certain flexible fuel vehicle credits.
1. Short title This Act may be cited as the Clean Fuels Vehicle Act of 2021 . 2. Flexible fuel vehicle production tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Flexible fuel vehicle production credit (a) In general For purposes of section 38, in the case of a manufacturer, the flexible fuel vehicle production credit for any taxable year shall be an amount equal to the product of— (1) $200, and (2) the number of qualified flexible fuel vehicles— (A) produced by the taxpayer, and (B) sold by the taxpayer to an unrelated person in the United States during the taxable year. (b) Limitation The number of qualified flexible fuel vehicles taken into account for any taxable year shall not exceed 25 percent of the sum of— (1) the total number of light duty vehicles produced for model years ending in such taxable year, plus (2) the total number of light duty trucks produced for model years ending in such taxable year. (c) Qualified flexible fuel vehicle For purposes of this section— (1) In general The term qualified flexible fuel vehicle means a motor vehicle— (A) which is engineered and designed to be operated— (i) on a petroleum fuel and on a methanol or ethanol fuel, or (ii) on any mixture of the petroleum fuel and methanol or ethanol, and (B) which meets the requirements for a flexible fuel vehicle as are prescribed by the Administrator of the Environmental Protection Agency for purposes of title of the administration of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (2) Motor vehicle The term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels. (d) Other definitions and rules (1) Manufacturer; other terms The terms manufacturer , light duty vehicle , light duty truck , and model year have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (2) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling a vehicle to an unrelated person if such vehicle is sold to such a person by another member of such group. (e) Termination This section shall not apply to any flexible fuel vehicle produced for any model year ending after 2031. . (b) 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 flexible fuel vehicle production credit determined under section 45U(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45U. Flexible fuel vehicle production credit. . (d) Effective date The amendments made by this section shall apply to vehicles produced and sold after the date of the enactment of this Act, in taxable years ending after such date. 3. Restoration of certain flexible fuel vehicle credits (a) Restoration of manufacturing incentives for dual fueled automobiles Section 32905(b) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking in model years 1993 through 2019 . (b) Repeal of maximum fuel economy increase for alternative fuel automobiles (1) In general Section 32906 of title 49, United States Code, is repealed. (2) Clerical amendment The analysis for chapter 329 of part C of subtitle VI of title 49, United States Code, is amended by striking the item relating to section 32906. (c) Testing procedures under the Clean Air Act Section 206 of the Clean Air Act ( 42 U.S.C. 7525 ) is amended— (1) in subsection (h), by striking subsection (a) and (b) of this section and inserting subsections (a) and (b) ; and (2) by adding at the end the following: (i) Not later than 180 days after the date of enactment of this subsection, the Administrator shall review the regulations under subsections (a) and (b) relating to the testing of motor vehicles and motor vehicle engines to ensure such testing is in accordance with section 32905(b) of title 49, United States Code. . (d) Conforming amendments (1) Section 32901(c)(1) of title 49, United States Code, is amended, in the first sentence, by striking under sections 32905 and 32906 of this title and inserting under section 32905 . (2) Section 32905 of title 49, United States Code, is amended by striking subsection (g). (3) Section 32908(g)(3) of title 49, United States Code, is amended by striking the second sentence. | https://www.govinfo.gov/content/pkg/BILLS-117s2267is/xml/BILLS-117s2267is.xml |
117-s-2268 | II 117th CONGRESS 1st Session S. 2268 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Duckworth (for herself, Ms. Cortez Masto , Mr. Blumenthal , Mr. Durbin , Ms. Rosen , Mr. Wyden , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to identify each alien who is serving, or has served, in the Armed Forces of the United States on the application of any such alien for an immigration benefit or the placement of any such alien in an immigration enforcement proceeding, and for other purposes.
1. Short title This Act may be cited as the Immigrant Veterans Eligibility Tracking System Act or the I–VETS Act . 2. Identifying aliens connected to the Armed Forces (a) In general Upon the application by an alien for an immigration benefit or the placement of an alien in an immigration enforcement proceeding, the Secretary of Homeland Security shall— (1) determine whether the alien is serving, or has served, as a member of— (A) a regular or reserve component of the Armed Forces of the United States on active duty; or (B) a reserve component of the Armed Forces in an active status; and (2) with respect to the immigration and naturalization records of the Department of Homeland Security relating to an alien who is serving, or has served, as a member of the Armed Forces described in paragraph (1), annotate such records— (A) to reflect that membership; and (B) to afford an opportunity to track the outcomes for each such alien. (b) Prohibition on use of information for removal Information gathered under subsection (a) may not be used for the purpose of removing an alien from the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s2268is/xml/BILLS-117s2268is.xml |
117-s-2269 | II 117th CONGRESS 1st Session S. 2269 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Scott of Florida (for himself, Mr. Rubio , Mr. Marshall , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To secure the bulk-power system in the United States.
1. Short title This Act may be cited as the Protect American Power Infrastructure Act . 2. Securing the bulk-power system (a) Definitions In this section: (1) Bulk-power system (A) In general The term bulk-power system has the meaning given the term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (B) Inclusion The term bulk-power system includes transmission lines rated at 69,000 volts (69 kV) or higher. (2) Covered equipment The term covered equipment means items used in bulk-power system substations, control rooms, or power generating stations, including— (A) (i) power transformers with a low-side voltage rating of 69,000 volts (69 kV) or higher; and (ii) associated control and protection systems, such as load tap changers, cooling systems, and sudden pressure relays; (B) (i) generator step-up (GSU) transformers with a high-side voltage rating of 69,000 volts (69 kV) or higher; and (ii) associated control and protection systems, such as load tap changers, cooling systems, and sudden pressure relays; (C) circuit breakers operating at 69,000 volts (69 kV) or higher; (D) reactive power equipment rated at 69,000 volts (69 kV) or higher; and (E) microprocessing software and firmware that— (i) is installed in any equipment described in subparagraphs (A) through (D); or (ii) is used in the operation of any of the items described in those subparagraphs. (3) Critical defense facility (A) In general The term critical defense facility means a facility that— (i) is critical to the defense of the United States; and (ii) is vulnerable to a disruption of the supply of electric energy provided to that facility by an external provider. (B) Inclusion The term critical defense facility includes a facility designated as a critical defense facility by the Secretary of Energy under section 215A(c) of the Federal Power Act ( 16 U.S.C. 824o–1(c) ). (4) Critical electric infrastructure The term critical electric infrastructure has the meaning given the term in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) ). (5) Defense critical electric infrastructure The term defense critical electric infrastructure has the meaning given the term in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) ). (6) Entity The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (7) Foreign adversary The term foreign adversary means any foreign government or foreign nongovernment person engaged in a long‑term pattern or serious instances of conduct significantly adverse to— (A) the national security of— (i) the United States; or (ii) allies of the United States; or (B) the security and safety of United States persons. (8) Person The term person means an individual or entity. (9) Procurement The term procurement means the process of acquiring, through purchase, by contract and through the use of appropriated funds, supplies or services, including installation services, by and for the use of the Federal Government. (10) Transaction The term transaction means the acquisition, importation, transfer, or installation of any bulk-power system electric equipment by any person, or with respect to any property, subject to the jurisdiction of the United States. (11) United States person The term United States person means— (A) an individual who is— (i) a citizen of the United States; or (ii) an alien lawfully admitted for permanent residence in the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; and (C) any person in the United States. (b) Prohibition (1) In general Except as otherwise provided in this subsection, no person that is the owner or operator of defense critical electric infrastructure may engage in any transaction relating to that defense critical electric infrastructure that involves any covered equipment in which a foreign adversary has an ownership or any other interest, including through an interest in a contract for the provision of the covered equipment, over which a foreign adversary has control, or with respect to which a foreign adversary exercises influence, including any transaction that— (A) is initiated after the date of enactment of this Act; and (B) the Secretary of Energy, in coordination with the Director of the Office of Management and Budget and in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, determines— (i) involves covered equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and (ii) poses an undue risk of catastrophic effects on the security or resiliency of defense critical electric infrastructure in the United States. (2) Mitigation measures (A) In general The Secretary of Energy, in consultation with the heads of other Federal agencies, as appropriate, may— (i) in accordance with subparagraph (B), approve a transaction or class of transactions prohibited under paragraph (1); and (ii) design or negotiate measures to mitigate any concerns identified in making determinations under paragraph (1)(B) with respect to that transaction or class of transactions. (B) Precondition to approval of otherwise prohibited transaction The Secretary of Energy shall implement the measures described in subparagraph (A)(ii) before approving a transaction or class of transactions that would otherwise be prohibited under paragraph (1). (3) Application (A) In general The prohibition described in paragraph (1) shall apply to a transaction described in that paragraph regardless of whether— (i) a contract has been entered into with respect to that transaction before the date of enactment of this Act; or (ii) a license or permit has been issued or granted with respect to that transaction before the date of enactment of this Act. (B) Contrary law The prohibition described in paragraph (1) shall apply to each transaction described in that paragraph only to the extent not otherwise provided by— (i) another statute; or (ii) a regulation, order, directive, or license issued pursuant to this section. (4) Prequalification (A) In general The Secretary of Energy, in consultation with the heads of other Federal agencies, as appropriate, may— (i) establish and publish criteria for recognizing particular covered equipment and particular vendors in the market for covered equipment as prequalified for future transactions; and (ii) apply those criteria to establish and publish, and update, as necessary, a list of prequalified equipment and vendors. (B) Savings provision Nothing in this paragraph limits the authority of the Secretary of Energy under this subsection to prohibit or otherwise regulate any transaction involving prequalified equipment or vendors. (c) Implementation (1) Implementation by the Secretary of Energy The Secretary of Energy shall take such actions as the Secretary determines to be necessary to implement this section, including— (A) directing the timing and manner of the cessation of pending and future transactions prohibited under subsection (b)(1); (B) adopting appropriate rules and regulations; and (C) exercising any applicable power granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and delegated to the Secretary. (2) Required rulemaking (A) In general Not later than 150 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, shall issue rules or regulations to implement this section. (B) Authority A rule or regulation issued under subparagraph (A) may— (i) determine that particular countries or persons are foreign adversaries exclusively for the purposes of this section; (ii) identify persons owned by, controlled by, or subject to the jurisdiction or direction of, foreign adversaries exclusively for the purposes of this section; (iii) identify particular equipment or countries with respect to which transactions involving covered equipment warrant particular scrutiny under this section; and (iv) identify a mechanism and relevant factors for the negotiation of agreements to mitigate concerns identified in making determinations under subsection (b)(1)(B). (3) Identification of certain equipment As soon as practicable after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Director of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, shall— (A) identify existing covered equipment that— (i) is designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and (ii) poses an undue risk of catastrophic effects on the security or resiliency of critical electric infrastructure in the United States; and (B) develop recommendations on ways to identify, isolate, monitor, or replace any covered equipment identified under subparagraph (A) as soon as practicable. (4) Coordination and information sharing The Secretary of Energy shall work with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Director of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, to protect critical defense facilities from national security threats through— (A) the coordination of the procurement of energy infrastructure by the Federal Government; and (B) the sharing of risk information and risk management practices to inform that procurement. (5) Requirement This section shall be implemented— (A) in a manner that is consistent with all other applicable laws; and (B) subject to the availability of appropriations. (d) Reports to Congress The Secretary of Energy shall submit to Congress periodic reports describing any progress made in implementing, or otherwise relating to the implementation of, this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2269is/xml/BILLS-117s2269is.xml |
117-s-2270 | II 117th CONGRESS 1st Session S. 2270 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Blackburn (for herself, Mr. Lankford , Mr. Braun , Mr. Daines , Mr. Wicker , Mr. Tillis , Ms. Ernst , Mr. Rounds , Mr. Cramer , Mr. Tuberville , Mr. Inhofe , Mr. Scott of South Carolina , and 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 prohibit Federal funding to entities that do not certify the entities will not perform, or provide any funding to any other entity that performs, an abortion.
1. Short title This Act may be cited as the Protecting Life and Taxpayers Act of 2021 . 2. Prohibition on abortion (a) Prohibition No Federal funds may be provided (directly or indirectly, including through contract or subcontract) to an entity unless the entity certifies that, during the period for which such funds are provided, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. (b) Exception Subsection (a) does not apply with respect to an abortion where— (1) the pregnancy is the result of rape or incest; or (2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by, or arising from, the pregnancy itself. (c) Hospitals Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period for which funds described in subsection (a) are provided to such hospital, provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)). (d) Definitions In this section: (1) The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with, such entity. (2) The term hospital has the meaning given such term in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2270is/xml/BILLS-117s2270is.xml |
117-s-2271 | II 117th CONGRESS 1st Session S. 2271 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Klobuchar (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to provide grants for eligible entities for activities designed to expand the sales and use of biofuels derived from agricultural feedstocks produced in the United States, and for other purposes.
1. Short title This Act may be cited as the Biofuel Infrastructure and Agricultural Product Market Expansion Act of 2021 . 2. Grants for expanding domestic biofuel consumption (a) Findings Congress finds the following: (1) Biofuels are an immediately available path toward decarbonizing the transportation sector while driving rural economic development and growth, stabilizing feedstock prices, and providing additional markets for agricultural products. (2) United States farmers are producing record amounts of feedstock for renewable fuels, but market disruptions and fluctuations due to the COVID-19 pandemic have created uncertain times for United States feedstock producers. (3) Biofuels, which contribute to energy security, reduce air pollution, and support rural economic development, are an important market for United States feedstock producers. (4) According to the Alternative Fuels Data Center of the Department of Energy, 39 percent of the United States corn crop was refined into ethanol in 2019. (5) According to the Energy Information Administration, 30 percent of United States soybean oil was used for biodiesel production in 2019. (6) Higher blends of biofuels like E15 and B20 are dispensed using blender pumps or dedicated E15 and B20 pumps. (7) Infrastructure constraints and other barriers currently limit the market for biofuels and the feedstocks used to produce biofuels. (b) Biofuel infrastructure and agricultural product market expansion grant program Title IX of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 et seq. ) is amended by adding at the end the following: 9015. Biofuel infrastructure and agricultural product market expansion grant program (a) Definition of eligible entity In this section, the term eligible entity means— (1) a State or unit of local government; (2) a Tribal government; (3) an authority, agency, partnership, or instrumentality of an entity described in paragraph (1) or (2); and (4) a group of entities described in paragraphs (1) through (3). (b) Establishment Not later than 1 year after the date of enactment of this section, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in subsection (f). (c) Purpose The purposes of the grant program established under subsection (b) shall be— (1) to increase the use of domestic agricultural crops by expanding or aiding in the expansion of domestic biofuel markets; (2) to aid in the development of new and additional biofuel markets, marketing facilities, and uses for feedstock derived from agricultural crops and other biomass; (3) to stabilize prices in agricultural markets by increasing demand for feedstock derived from agricultural crops; (4) to boost domestic production and use of biofuels to promote rural economic development and job creation; and (5) to support farm income by increasing demand for feedstock use and production. (d) Applications An eligible entity desiring a grant under this section shall submit to the Secretary an application at the time, in the manner, and containing the information that the Secretary may require. (e) Eligibility criteria In selecting an eligible entity to receive a grant under this section, the Secretary shall consider the extent to which the application of the eligible entity proposes— (1) to convert existing pump infrastructure to deliver ethanol blends with greater than 10 percent ethanol; (2) to diversify the geographic area selling ethanol blends with greater than 10 percent ethanol; (3) to support existing or emerging biodiesel, bioheat, and sustainable aviation fuel markets that have existing incentives; (4) to increase the use of existing fuel delivery infrastructure; (5) to enable or accelerate the deployment of renewable fuel infrastructure that would be unlikely to be completed without Federal assistance; and (6) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities— (A) to blend biodiesel; and (B) to carry ethanol and biodiesel. (f) Eligible use An eligible entity that receives a grant under this section may use the grant funds— (1) to distribute to private or public entities for costs related to incentivizing deployment of renewable fuel infrastructure; (2) to convert existing pump infrastructure to deliver ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent; (3) to install fuel pumps and related infrastructure dedicated to the distribution of higher ethanol blends (including E15 and E85) and higher biodiesel blends up to B100 at fueling locations, including— (A) local fueling stations; (B) convenience stores; (C) hypermarket fueling stations; and (D) fleet facilities or similar entities; and (4) to build and retrofit traditional and pipeline biodiesel terminal operations (including rail lines) and home heating oil distribution centers or equivalent entities— (A) to blend biodiesel; and (B) to carry ethanol and biodiesel. (g) Certification requirement Any infrastructure used or installed with grant funds provided under this section shall be certified by the Underwriters Laboratory as infrastructure that distributes blends with an ethanol content of 25 percent or greater. (h) Funding (1) Federal share The Federal share of the total cost of carrying out a project awarded a grant under this section shall not exceed 75 percent. (2) Maximum percentage for certain activities An eligible entity receiving a grant under this section shall ensure that Federal funds do not exceed— (A) 75 percent of the per pump cost for— (i) pumps that can dispense a range of ethanol blends of E85 or lower (new pumps or retrofit of existing pumps); and (ii) dedicated E15 or E85 pumps (new pumps or retrofit of existing pumps); (B) 50 percent of the terminal cost for terminals with B100 capabilities; or (C) 40 percent of the per tank cost for new storage tanks and related equipment associated with new facilities or additional capacity other than replacement of existing storage tanks and related equipment associated with existing facilities. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2021 through 2030. . | https://www.govinfo.gov/content/pkg/BILLS-117s2271is/xml/BILLS-117s2271is.xml |
117-s-2272 | II 117th CONGRESS 1st Session S. 2272 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Padilla (for himself, Ms. Stabenow , Mr. Durbin , Mr. Booker , Mrs. Feinstein , Mrs. Gillibrand , Ms. Warren , Mr. Wyden , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Safe Drinking Water Act to increase funding for lead reduction projects, and for other purposes.
1. Short title This Act may be cited as the Lead-Free Drinking Water for All Act of 2021 . 2. Reducing lead in drinking water Section 1459B of the Safe Drinking Water Act ( 42 U.S.C. 300j–19b ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking subparagraph (D) and inserting the following: (D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and ; (B) in paragraph (2)(A)— (i) in clause (i), by striking publicly owned ; and (ii) by striking clause (iii) and inserting the following: (iii) providing assistance to eligible entities to inventory and replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low-income homeowners, and landlords or property owners providing housing to low-income renters. ; and (C) in paragraph (3), by striking an individual provided ; (2) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (A), by striking to provide assistance and all that follows through the period at the end and inserting to inventory and replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low-income homeowners, and landlords or property owners providing housing to low-income renters. ; and (ii) in subparagraph (B)— (I) by striking to a low-income homeowner ; (II) by striking privately owned portion of the ; and (III) by striking line and inserting lines ; (B) in paragraph (6)— (i) in subparagraph (A), by striking any publicly owned portion of ; and (ii) by striking subparagraphs (B) through (E) and inserting the following: (B) shall offer to replace the full lead service line at no cost to the property owner; and (C) shall notify relevant State and local authorities of any planned replacement of lead service lines under this subsection and coordinate, where practicable, with other relevant infrastructure projects. ; (C) by adding at the end the following: (7) Prevailing wages In carrying out lead service line replacement using amounts made available under this section, section 1452(a)(5) shall apply. (8) Timely completion of projects (A) In general An eligible entity that receives assistance under this section shall ensure that all lead service lines being serviced by the eligible entity are fully replaced not later than the date that is 10 years after the date on which the eligible entity first receives funding for a lead reduction project for which assistance is provided under this section after the date of enactment of this paragraph. (B) Plan required An eligible entity that receives assistance under this section shall submit to the Administrator a plan that describes how the eligible entity intends to meet the requirement under subparagraph (A). ; (3) in subsection (d)— (A) by inserting (except for subsection (e)) after this section ; and (B) by striking $60,000,000 for each of fiscal years 2017 through 2021 and inserting $4,500,000,000 for each of fiscal years 2022 through 2031 ; (4) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (5) by inserting after subsection (c) the following: (d) Delegation to and coordination with States (1) In general The Administrator— (A) shall, in carrying out this section, coordinate with each State that has established a State drinking water treatment revolving loan fund under section 1452; and (B) may delegate the implementation of this section to any State described in subparagraph (A). (2) Allotment of funds to delegated States (A) In general If the Administrator delegates implementation of this section to a State under paragraph (1)(B), the Administrator shall, for each fiscal year, allot to the State an amount equal to the product obtained by multiplying— (i) the total amount made available to carry out this section (except for subsection (e)) for the fiscal year; by (ii) (I) for fiscal years 2022 and 2023, the proportion that— (aa) the amount allotted to the State under section 1452(a)(1)(D) for the fiscal year; bears to (bb) the amount allotted to all States under section 1452(a)(1)(D) for the fiscal year; and (II) for each of fiscal years 2024 through 2031, the proportion that— (aa) the need for lead service line replacement within the State, as documented in the most recent needs assessment under section 1452(h)(2); bears to (bb) the need for lead service line replacement within all States, as documented in the most recent needs assessment under section 1452(h)(2). (B) Use of funds (i) In general Amounts allotted to a State under subparagraph (A) shall be used by the State only to make grants for inventorying or replacing lead service lines in accordance with this section. (ii) Limitation Of the amounts allotted to a State under subparagraph (A), not more than 4 percent may be used to pay the administrative costs of the State. (iii) No State contribution Notwithstanding any other provision of law, including section 1452(e), no State contribution requirement may be imposed on amounts allotted to a State under subparagraph (A). (e) Lead inventorying utilization grant pilot program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or suspected, to contain lead, based on available data, information, or resources, including existing lead inventorying. (B) Pilot program The term pilot program means the pilot program established under paragraph (2). (2) Establishment The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities. (3) Selection (A) Application To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (B) Prioritization In selecting recipients under the pilot program, the Administrator shall give priority to— (i) an eligible entity that meets the affordability criteria of the applicable State established under section 1452(d)(3); and (ii) an eligible entity that is located in an area other than a State that has established affordability criteria under section 1452(d)(3). (4) Report Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing— (A) the recipients of grants under the pilot program; (B) the existing lead inventorying that was available to recipients of grants under the pilot program; and (C) how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity. (5) Authorization of appropriations There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s2272is/xml/BILLS-117s2272is.xml |
117-s-2273 | II 117th CONGRESS 1st Session S. 2273 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Braun (for himself and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize Inspectors General to continue operations during a lapse in appropriations, and for other purposes.
1. Short title This Act may be cited as the Keep the Watchdogs Running Act . 2. Inspector General oversight during lapse in appropriations Section 6(g) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (4) Notwithstanding any other provision of law and in addition to any other authority, during a lapse in appropriations, an Inspector General may incur obligations in advance of appropriations— (A) for such amounts as may be necessary and at a rate for operations and under the authority and conditions as provided in the most recently enacted appropriations Acts; and (B) to perform the duties of the Office with respect to any program and operation of the establishment that continues during the lapse in appropriations. . | https://www.govinfo.gov/content/pkg/BILLS-117s2273is/xml/BILLS-117s2273is.xml |
117-s-2274 | II 117th CONGRESS 1st Session S. 2274 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Hassan (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes.
1. Short title This Act may be cited as the Federal Cybersecurity Workforce Expansion Act . 2. Findings Congress finds that— (1) the need for qualified cybersecurity personnel is greater than ever, as demonstrated by the recent SolarWinds breach and the growing spate of ransomware attacks on critical infrastructure entities and State and local governments; (2) the Federal Government is facing a shortage of qualified cybersecurity personnel, as noted in a March 2019 Government Accountability Office report on critical staffing needs in the Federal cybersecurity workforce; (3) there is a national shortage of qualified cybersecurity personnel, and according to CyberSeek, a project supported by the National Initiative for Cybersecurity Education within the National Institute of Standards and Technology, there are approximately 500,000 cybersecurity job openings around the United States; (4) in May 2021, the Department of Homeland Security announced that the Department was initiating a 60 day sprint to hire 200 cybersecurity personnel across the Department, with 100 of those hires for the Cybersecurity and Infrastructure Security Agency, to address a cybersecurity workforce shortage; and (5) the Federal Government needs to— (A) expand the cybersecurity workforce pipeline of the Federal Government to sustainably close a Federal cybersecurity workforce shortage; and (B) work cooperatively with the private sector and State and local government authorities to expand opportunities for new cybersecurity professionals. 3. Cybersecurity and infrastructure security apprenticeship program (a) In general Subtitle A of title XXII of the Homeland Security Act ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following: 2218. Apprenticeship program (a) Definitions In this section: (1) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (2) Community college The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including— (A) a 2-year Tribal College or University, as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ); and (B) a public 2-year State institution of higher education. (3) Cybersecurity work roles The term cybersecurity work roles means the work roles outlined in the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework (NIST Special Publication 800–181), or any successor framework. (4) Education and training provider The term education and training provider means— (A) an area career and technical education school; (B) an early college high school; (C) an educational service agency; (D) a high school; (E) a local educational agency or State educational agency; (F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; (G) a postsecondary educational institution; (H) a minority-serving institution; (I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ); (J) a local agency administering plans under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741); (K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; (L) a Job Corps center, as defined in section 142 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3192 ); or (M) a consortium of entities described in any of subparagraphs (A) through (L). (5) Eligible entity (A) In general The term eligible entity means— (i) a program sponsor; (ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; (iii) an education and training provider; (iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; (v) an Indian Tribe or Tribal organization; (vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; (vii) a Governor of a State; (viii) a labor organization or joint labor-management organization; or (ix) a qualified intermediary. (B) Sponsor requirement Not fewer than 1 entity described in subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. (6) 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 ). (7) Local educational agency; secondary school The terms local educational agency and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (8) Local workforce development board The term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (9) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (10) Provider of adult education The term provider of adult education has the meaning given the term eligible provider in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). (11) Related instruction The term related instruction means an organized and systematic form of instruction designed to provide an individual in an apprenticeship program with the knowledge of the technical subjects related to the intended occupation of the individual after completion of the program. (12) Sponsor The term sponsor means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered or approved. (13) State apprenticeship agency The term State apprenticeship agency has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any corresponding similar regulation or ruling. (14) State workforce development board The term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (15) WIOA terms The terms career planning , community-based organization , economic development agency , industry or sector partnership , on-the-job training , recognized postsecondary credential , and workplace learning advisor have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (16) Qualified intermediary (A) In general The term qualified intermediary means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by— (i) connecting employers to programs under the national apprenticeship system; (ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; (iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; (iv) providing professional development activities such as training to mentors; (v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; (vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; (vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or (viii) serving as a program sponsor. (B) Partnerships The term partnerships described in subparagraph (B) means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including— (i) industry or sector partnerships; (ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans service organizations in the State workforce development system; or (iii) partnerships among 1 or more of the entities described in clauses (i) and (ii). (b) Establishment of apprenticeship programs Not later than 2 years after the date of enactment of this section, the Director may establish 1 or more apprenticeship programs as described in subsection (c). (c) Apprenticeship programs described An apprenticeship program described in this subsection is an apprenticeship program that— (1) leads directly to employment in— (A) a cybersecurity work role with the Agency; or (B) a position with a company or other entity provided that the position is— (i) certified by the Director as contributing to the national cybersecurity of the United States; and (ii) funded at least in majority part through a contract, grant, or cooperative agreement with the Agency; (2) is focused on competencies and related learning necessary, as determined by the Director, to meet the immediate and ongoing needs of cybersecurity work roles at the Agency; and (3) is registered with and approved by the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency pursuant to the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 29 U.S.C. 50 et seq. ). (d) Coordination In the development of an apprenticeships program under this section, the Director shall consult with the Secretary of Labor, the Director of the National Institute of Standards and Technology, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the Office of Personnel Management to leverage existing resources, research, communities of practice, and frameworks for developing cybersecurity apprenticeship programs. (e) Optional use of grants or cooperative agreements An apprenticeship program under this section may include entering into a contract or cooperative agreement with or making a grant to an eligible entity if determined appropriate by the Director based on the eligible entity— (1) demonstrating experience in implementing and providing career planning and career pathways toward apprenticeship programs; (2) having knowledge of cybersecurity workforce development; (3) being eligible to enter into a contract or cooperative agreement with or receive grant funds from the Agency as described in this section; (4) providing students who complete the apprenticeship program with a recognized postsecondary credential; (5) using related instruction that is specifically aligned with the needs of the Agency and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and (6) demonstrating successful outcomes connecting graduates of the apprenticeship program to careers relevant to the program. (f) Applications If the Director enters into an arrangement as described in subsection (e), an eligible entity seeking a contract, cooperative agreement, or grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (g) Priority In selecting eligible entities to receive a contract, grant, or cooperative agreement under this section, the Director may prioritize an eligible entity that— (1) is a member of an industry or sector partnership; (2) provides related instruction for an apprenticeship program through— (A) a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an institution of higher education; or (B) an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (g); (3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship programs in a relevant sector; or (4) plans to use the grant to carry out the apprenticeship program with an entity that receives State funding or is operated by a State agency. (h) Technical assistance The Director shall provide technical assistance to eligible entities to leverage the existing job training and education programs of the Agency and other relevant programs at appropriate Federal agencies. (i) Excepted service Participants in the program may be entered into cybersecurity-specific excepted service positions as determined appropriate by the Director and authorized by section 2208. (j) Report (1) In general Not less than once every 2 years after the establishment of an apprenticeship program under this section, the Director shall submit to Congress a report on the program, including— (A) a description of— (i) any activity carried out by the Agency under this section; (ii) any entity that enters into a contract or agreement with or receives a grant from the Agency under subsection (e); (iii) any activity carried out using a contract, agreement, or grant under this section as described in subsection (e); and (iv) best practices used to leverage the investment of the Federal Government under this section; and (B) an assessment of the results achieved by the program, including the rate of continued employment at the Agency for participants after completing an apprenticeship program carried out under this section. (k) Performance reports Not later than 1 year after the establishment of an apprenticeship program under this section, and annually thereafter, the Director shall submit to Congress and the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ). (l) Authorization of appropriations There is authorized to be appropriated to the Agency such sums as necessary to carry out this section. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 2217 the following: Sec. 2218. Apprenticeship program. . 4. Pilot program on cyber training for veterans and members of the armed forces transitioning to civilian life (a) Definitions In this section: (1) Eligible individual The term eligible individual means an individual who is— (A) a member of the Armed Forces transitioning from service in the Armed Forces to civilian life; or (B) a veteran. (2) Portable credential The term portable credential — (A) means a documented award by a responsible and authorized entity that has determined that an individual has achieved specific learning outcomes relative to a given standard; and (B) includes a degree, diploma, license, certificate, badge, and professional or industry certification that— (i) has value locally and nationally in labor markets, educational systems, or other contexts; (ii) is defined publicly in such a way that allows educators, employers, and other individuals and entities to understand and verify the full set of skills represented by the credential; and (iii) enables a holder of the credential to move vertically and horizontally within and across training and education systems for the attainment of other credentials. (3) Veteran The term veteran has the meaning given the term in section 101 of title 31, United States Code. (4) Work-based learning The term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program under which the Secretary shall provide cyber-specific training for eligible individuals. (c) Elements The pilot program established under subsection (b) shall incorporate— (1) virtual platforms for coursework and training; (2) hands-on skills labs and assessments; (3) Federal work-based learning opportunities and programs; and (4) the provision of portable credentials to eligible individuals who graduate from the pilot program. (d) Alignment with NICE workforce framework for cybersecurity The pilot program established under subsection (b) shall align with the taxonomy, including work roles and associated tasks, knowledge, and skills, from the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity (NIST Special Publication 800–181), or any successor framework. (e) Coordination (1) Training, platforms, and frameworks In developing the pilot program under subsection (b), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, and the Director of the Office of Personnel Management to evaluate and, where possible, leverage existing training, platforms, and frameworks of the Federal Government for providing cyber education and training to prevent duplication of efforts. (2) Federal work-based learning opportunities and programs In developing the Federal work-based learning opportunities and programs required under subsection (c)(3), the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Labor, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies to identify or create interagency opportunities that will enable the pilot program established under subsection (b) to— (A) bridge the gap between knowledge acquisition and skills application for participants; and (B) give participants the experience necessary to pursue Federal employment. (f) Resources (1) In general In any case in which the pilot program established under subsection (b)— (A) uses a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to ensure that those programs, platforms, and frameworks are expanded and resourced to accommodate usage by eligible individuals participating in the pilot program; or (B) does not use a program of the Department of Veterans Affairs or platforms and frameworks described in subsection (e)(1), the Secretary of Veterans Affairs shall take such actions as may be necessary to develop or procure programs, platforms, and frameworks necessary to carry out the requirements of subsection (c) and accommodate the usage by eligible individuals participating in the pilot program. (2) Actions Actions described in paragraph (1) may include providing additional funding, staff, or other resources to— (A) provide administrative support for basic functions of the pilot program; (B) ensure the success and ongoing engagement of eligible individuals participating in the pilot program; (C) connect graduates of the pilot program to job opportunities within the Federal Government; and (D) allocate dedicated positions for term employment to enable Federal work-based learning opportunities and programs for participants to gain the experience necessary to pursue permanent Federal employment. 5. Federal workforce assessment extension Section 304(a) of the Federal Cybersecurity Workforce Assessment Act of 2015 ( 5 U.S.C. 301 note) is amended, in the matter preceding paragraph (1), by striking 2022 and inserting 2025 . | https://www.govinfo.gov/content/pkg/BILLS-117s2274is/xml/BILLS-117s2274is.xml |
117-s-2275 | II 117th CONGRESS 1st Session S. 2275 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Booker (for himself, Mr. Blumenthal , Mr. Casey , Ms. Warren , Mr. Wyden , Ms. Klobuchar , Mr. Murphy , Mr. Durbin , Mr. Padilla , Mr. Whitehouse , Ms. Duckworth , Mr. Van Hollen , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the Secretary of Health and Human Services to build safer, thriving communities, and save lives, by investing in effective community-based violence reduction initiatives, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Break the Cycle of Violence Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Title I—Department of Health and Human Services Sec. 101. Community-based violence intervention program grants. Sec. 102. Office of Community Violence Intervention. Sec. 103. Community Violence Intervention Advisory Committee. Sec. 104. Creation of a National Community Violence Response Center. Sec. 105. Sense of Congress regarding services for victims of violent crime. Sec. 106. Authorization of appropriations. Title II—Department of Labor Sec. 201. Improving approaches for communities to thrive (IMPACT) grants. 2. Findings The Congress finds the following: (1) Community violence is a significant public health, public safety, and community infrastructure concern nationwide and is a leading cause of death, injury, and trauma for people in the United States that disrupts employment and hinders a community’s social and economic development. (2) From 2010 to 2019, over 175,000 people were murdered in the United States. Hundreds of thousands more were hospitalized or treated in emergency departments after surviving life-changing gunshot injuries and other violent assaults. (3) In 2020, the Nation suffered the largest single-year spike in homicides on record, driven largely by record spikes in fatal shootings. Nationwide, 75 percent of all homicides are committed with a gun. (4) Communities across the Nation experience enormous disparities in safety that are driven by inequitable social and structural determinants of health. Interpersonal shootings are disproportionately concentrated in neighborhoods harmed by past and present racial discrimination, segregation, redlining, disinvestment, mass incarceration, and concentrated poverty, and this violence’s toll falls overwhelmingly on people of color, especially young Black and brown men and boys and their loved ones. From 2015 to 2019, Black children and teens were 14 times as likely to be shot to death as their White peers. Hispanic children and teens and Native American children and teens were both about 3 times as likely to be shot to death as their White peers. Over this period, 72 percent of children murdered before their 18th birthday were people of color, and 50 percent were Black. (5) Black boys and men make up less than 7 percent of the population in the United States, but account for more than 50 percent of all gun homicide victims each year. Violence is responsible for nearly half of all deaths among Black boys and young men, ages 15 through 24, meaning the parents of a Black son in this age group are as likely to lose their child to homicide as nearly every other cause of death combined. (6) This violence imposes enormous human, social, and economic costs. The Director of the Centers for Disease Control and Prevention’s Division of Violence Prevention presented research to Congress demonstrating that youth living in inner cities show a higher prevalence of post-traumatic stress disorder than soldiers in the Nation’s wartime military. While the vast majority of these young people resiliently persevere, people who have been victims of violence are at substantially higher risk of being violently re-attacked or killed. Additionally, both direct and indirect violence exposure have been associated with a host of poor health outcomes, including chronic illness, anxiety, depression, and substance misuse. (7) When properly implemented and consistently funded, coordinated, community-based strategies that utilize trauma-responsive care and interrupt cycles of violence can produce lifesaving and cost-saving results in a short period of time without contributing to mass incarceration. These strategies identify those at the highest risk, coordinate individualized wraparound resources, provide pathways to healing and stability, and monitor and support long-term success. Many cities have substantially reduced community violence in recent years by implementing various combinations of these strategies, which include the following: (A) Community outreach programs, which hire violence intervention and prevention specialists who have established relationships, relatable lived experiences, and credibility with individuals in their communities at high risk of violence and connect them with intensive counseling, mediation, peer support, and social services in order to reduce their risk. Evaluations have found that these programs, particularly when integrated into wider networks of supportive services, are frequently associated with significant reductions in gun violence. (B) Hospital-based violence intervention programs (referred to in this section as HVIP ), which work to break cycles of violence by leveraging credible violence intervention and prevention specialists to provide intensive counseling, peer support, case management, mediation, and social services to patients recovering from gunshot wounds and other violent injuries. Research has shown that violently injured patients are at high risk of retaliating with violence themselves or being revictimized by violence in the near future. Evaluations of HVIPs have found that patients who received HVIP services were often less likely to be convicted of a violent crime and less likely to be subsequently reinjured by violence than patients who did not receive HVIP services. (C) Group violence interventions provide tailored social services and support to group-involved individuals at highest risk for involvement in community violence. This intervention, which must be trauma informed, culturally responsive, and community driven to be most successful, includes a process for community members to voice a clear demand for the violence to stop and narrowly focused enforcement actions against those who continue to engage in acts of serious violence. The approach coordinates law enforcement, service providers, and community engagement efforts to reduce violence in ways that do not contribute to mass incarceration. (D) Violence interruption and crisis management, which respond to potentially violent incidents to mediate conflicts or to scenes where violence has occurred to offer trauma-informed services and community supports to survivors and others exposed to violence. These strategies help to prevent retaliatory violence and promote healing and well-being. Programs that include these components have reported deescalating dozens of disputes that were highly likely to end in lethal violence. (8) Access to job and entrepreneurship training, apprenticeship, and technological and digital literacy programs are effective tools in reducing community violence. A 2012 University of Pennsylvania study of 13 high-violence schools in the Chicago area found well-targeted, low-cost employment policies can make a substantial difference , and the city’s most violent neighborhoods saw a 43 percent drop in violent-crime arrests of participants in a youth job program. (9) Individualized wraparound services and opportunities include, but are not limited to, housing support, financial assistance, reentry services, legal assistance, therapeutic services, grief counseling or targeted victim services, and skill building based on the needs of survivors or individuals at the highest risk of community violence. Leveraging the relationships of violence intervention and prevention specialists, these services are used in the context of structured, person-centered peer mentorship that facilitates personal transformation by meeting people where they are and offering to help participants change the trajectories of their lives. (10) The past year has had a disproportionate impact on youth unemployment, with 2.9 million more unemployed youth in mid-2020 compared with pre-2020 levels. Simultaneously, the 2020 recession accelerated an already increasingly digital and automated workforce, and youth must attain the digital, technological, and other technical skills necessary to thrive in the future of work. While jobs in the customer service and food industry could fall by 4.3 million between 2018 and 2030, health care and STEM occupations could grow more now than ever. (11) Intentional and sustained investments in community-based violence reduction strategies can reverse recent increases in homicides, help to heal impacted communities, and reduce the enormous human and economic costs of community violence, without contributing to mass incarceration. 3. Definitions In this Act: (1) Community violence The term community violence — (A) means nonfatal firearm injuries, aggravated assaults, homicides, and other acts of life-threatening interpersonal violence committed outside the context of a familial or romantic relationship; and (B) does not include acts of violence motivated by political beliefs. (2) Eligible unit of local government The term eligible unit of local government means a municipality or other local government that— (A) for not less than 2 out of the 3 calendar years preceding the date on which an application for a grant is submitted under section 101— (i) experienced 35 or more homicides per year; or (ii) experienced 20 or more homicides per year and had a homicide rate that was not less than double the national average; or (B) has a compelling need to address community violence, as determined by the Secretary, based on high levels of homicide relative to other localities within the same State. (3) Opportunity youth The term opportunity youth means individuals who— (A) have attained 16 years of age but not yet attained 25 years of age; and (B) are not— (i) enrolled in education or training on a full-time or part-time basis; or (ii) employed on a full-time or part-time basis. I Department of Health and Human Services 101. Community-based violence intervention program grants (a) In general The Secretary of Health and Human Services (in this title referred to as the Secretary ) shall award grants to eligible entities to support, enhance, and replicate coordinated community violence intervention. (b) Eligibility To be eligible to seek a grant under this section, an entity shall be— (1) a community-based, nonprofit organization that— (A) serves the residents served by an eligible unit of local government; and (B) has a track record of providing community-related activities or support program innovation in communities of color; or (2) an eligible unit of local government. (c) Limitation Of the amount made available to carry out this title for a fiscal year, not more than 15 percent of such amount shall be made available to eligible units of local government. (d) Use of funds (1) In general A grant awarded under this section shall be used to implement coordinated community violence intervention initiatives, through coordinated, community-based strategies. (2) Requirements A community violence intervention initiative implemented using grant funds awarded under this section shall— (A) be primarily focused on providing culturally competent, community-based violence intervention services to the portion of a grantee’s community who are, regardless of age, identified as being at high risk of being victimized by, or engaging in, community violence; and (B) use strategies that— (i) are evidence-informed and have demonstrated promise at reducing community violence without contributing to mass incarceration; (ii) utilize trauma-responsive care and interrupt cycles of violence; (iii) expand economic opportunity through new jobs, educational opportunities, or training programs; and (iv) are primarily focused on individuals at high risk of being victimized by, or engaging in, community violence. (3) Community partnerships (A) Eligible units of local government Each eligible unit of local government awarded a grant under this section shall distribute not less than 75 percent of such grant funds to one or more of the following: (i) A community-based organization or nonprofit organization. (ii) A public agency or department that is primarily dedicated to the prevention of violence or to community safety, but is not a law enforcement agency. (B) Hospitals Each hospital awarded a grant under this section in the hospital’s capacity as a community-based, nonprofit organization described in subsection (b)(1) shall distribute not less than 90 percent of such grant funds to one or more of the following: (i) A community-based organization or nonprofit organization that provides direct services to individuals who have been victimized by community violence. (ii) Direct program staff. (iii) Individual subcontractors who provide direct program-related services. (e) Application requirements Each applicant for a grant under this section shall submit a grant proposal, which shall, at a minimum— (1) describe how the applicant proposes to use the grant to implement a coordinated community violence intervention initiative in accordance with this section; (2) describe how the applicant proposes to use the grant to promote or improve coordination between relevant agencies and community organizations in order to minimize duplication of services, complement other community violence intervention efforts, and achieve maximum impact; (3) provide evidence indicating that the proposed community violence intervention initiative would likely reduce community violence or address the trauma and collateral consequences for individuals at high risk of being victimized by, or engaging in, community violence; (4) describe how the applicant plans to ensure the community violence intervention initiative is implemented in a manner that is— (A) evidence-informed; and (B) coordinated with the programs and activities of other entities for addressing community violence; and (5) in the case of a unit of local government applicant, demonstrate strong support from community partners with experience engaging individuals at high risk of being victimized by, or engaging in, community violence, as demonstrated by— (A) the development of a community steering committee that— (i) provides advice and assistance to the locality in administering grants awarded under this section; and (ii) is composed of individuals who substantially reflect local populations impacted by community violence, including survivors of community violence and individuals with expertise in culturally competent and trauma-informed approaches to reducing community violence; and (B) letters of support from individuals, such as— (i) the mayor or chief executive officer of the unit of local government; and (ii) the director of one or more community-based organizations that provide services to individuals at high risk of being victimized by, or engaging in, community violence. (f) Prioritization In awarding grants under this section, the Secretary shall give preference to applicants whose grant proposals demonstrate the greatest likelihood of reducing community violence in the target area without contributing to mass incarceration. (g) Grant duration A grant awarded under this section shall be for a 4-year period. (h) Grant award The amount awarded to an applicant under this section shall be commensurate with— (1) the scope of the proposal; and (2) the demonstrated need for additional resources to effectively reduce community violence in the applicant’s community. (i) Matching funds required (1) In general Except as provided in paragraphs (2) and (3), the Federal share of each grant awarded under this section shall be 90 percent of the eligible costs incurred by the grant recipient. (2) Exemption from requirement Paragraph (1) shall not apply to a grant awarded to a community-based organization described in subsection (b)(1). (3) Waiver The Federal share of a grant awarded to a unit of local government (that is an eligible entity under subsection (b)(2)) may be up to 100 percent if the Secretary determines there is good cause to waive the Federal share requirement under paragraph (1) of this subsection. (j) Reports Not later than 1 year after the date on which the first 4-year grant period under this section ends, the Secretary shall publish a report identifying best practices for grantees under this section to implement community-based violence intervention initiatives. (k) Rewarding success (1) In general The Secretary may reserve not more than 10 percent of the funds appropriated for a fiscal year to carry out this title for supplemental incentive funds to be distributed to grantees outside the competitive grant process in accordance with paragraph (2). (2) Distribution of additional funds The Secretary may distribute amounts reserved under paragraph (1), in the discretion of the Secretary, to grantees under subsection (a) that have— (A) implemented the grant for not less than 2 years; (B) demonstrated exceptional commitment and progress toward implementing the grantee’s community violence reduction initiative; and (C) shown that the grantee would likely achieve more substantial reductions in community violence with additional Federal funding. (3) Federal share Subsection (i) shall not apply to any amounts distributed to a grantee under this subsection. (4) Explanation of distribution Upon distributing supplemental incentive funds to a grantee, the Secretary shall publish a statement on the website of the Department of Health and Human Services that clearly explains the basis for the decision to award such funds to a particular grantee. (l) Evaluation and intensive site implementation support The Secretary may reserve not more than 8 percent of the funds appropriated for a fiscal year to carry out this title for the purpose of— (1) contracting with or hiring intensive site implementation providers with experience implementing community violence intervention strategies; (2) providing grants to applicants under subsection (a) that provide training and certification to community violence intervention and prevention professionals in order to expand the field and build capacity of frontline workers and other providers; and (3) contracting with independent researchers to evaluate the implementation, performance, and impact of selected initiatives supported by the grants made under this section, which evaluations shall be made publicly available on the website of the Department of Health and Human Services. (m) Supplement, not supplant A grantee receiving a grant under this section shall use the grant to supplement, and not supplant, the amount of funds the grantee would otherwise dedicate to a community violence intervention initiative. 102. Office of Community Violence Intervention (a) Establishment The Secretary shall establish within the Department of Health and Human Services, the Office of Community Violence Intervention (in this title referred to as the Office ), to be headed by a director. (b) Duties The Secretary shall delegate to the Director of the Office responsibility for implementing the provisions of this title. (c) Reservation Of the amount made available to carry out this title for a fiscal year, the Secretary shall reserve not more than 5 percent for the administrative expenses of the Office. 103. Community Violence Intervention Advisory Committee (a) Establishment The Secretary shall establish a Community Violence Intervention Advisory Committee (in this title referred to as the Advisory Committee ) to provide advice and assistance to the Secretary and Office in carrying out this title, including— (1) development of grant solicitations; (2) raising awareness about grant solicitations among potentially eligible units of government and organizations; (3) selection of grant proposals; (4) selection of grantees to receive supplemental funds in accordance with section 101(l); and (5) formation of the National Community Violence Response Center under section 104. (b) Members In appointing members of the Advisory Committee, the Secretary shall— (1) appoint the members from among individuals with expertise implementing or evaluating community violence intervention initiatives; (2) include a representative with expertise in workforce development selected by the Secretary of Labor; (3) ensure the membership of the Advisory Committee reflects a commitment to culturally competent and trauma-informed approaches to preventing violence among individuals at high risk of violence; and (4) ensure that the members of the Advisory Committee include substantial representation of communities of color disproportionately impacted by community violence. 104. Creation of a National Community Violence Response Center (a) Establishment The Secretary shall establish and operate a National Community Violence Response Center (referred to in this section as the Center ). (b) Duties The Center shall have the following roles and responsibilities: (1) Assessment; technical assistance The Office and the Center, with the advice of the Advisory Committee, shall— (A) develop a four-tier taxonomy to assess the maturity of community violence infrastructure among grantees under section 101; and (B) provide technical assistance to grantees under section 101 in the implementation of coordinated community violence intervention funded through the grant. (2) Intensive site implementation support The Center shall— (A) develop intensive site implementation support for each of the four tiers to maximize the effectiveness of the development of community violence initiatives; (B) develop intensive site implementation support for each eligible unit of local government that is a grant recipient to assess the contours of the community violence within the jurisdiction and identify relevant community-based interventions that may be successful at preventing future community violence; and (C) provide ongoing support to community-based organizations to facilitate site infrastructure building, program implementation and operation, and quality improvement assistance. (3) Data Collection (A) Policies The Office and the Center shall develop data collection policies for grant recipients that measure safety, community health, opportunity youth engagement, economic development, and recidivism. (B) Assistance The Center shall assist grant recipients in establishing data collection systems and practices, and collect data from the grant recipients. (4) Research coordination (A) Establishment of advisory council The Center, in consultation with nonprofit, nongovernmental organizations and researchers whose primary expertise is in community violence, shall establish a Community Violence Research Advisory Council (in this paragraph referred to as the Research Advisory Council )— (i) to coordinate research on community violence; and (ii) to report to the Congress on any gaps on issues related to community violence. (B) Membership The Research Advisory Council shall include representatives from— (i) all Federal agencies that fund research on community violence; and (ii) the Bureau of Labor Statistics. (C) Duties The Research Advisory Council shall provide advice and assistance to the Center to— (i) develop a coordinated strategy to strengthen research focused on community violence education, prevention, and intervention strategies; (ii) track and report all Federal research and expenditures related to community violence; and (iii) identify gaps in community violence research, governmental expenditures on community violence issues, and promising strategies that have not yet been rigorously evaluated. (5) Conferral (A) In general The Center shall establish a biennial conference to include— (i) grantees and providers of intensive site implementation support in the community violence field that receive funding under this title or title II; and (ii) other key stakeholders. (B) Topics The topics to be addressed at the biennial conference shall include— (i) the administration of grants; (ii) challenges and gaps in community violence intervention initiatives; (iii) strategies for overcoming such challenges and gaps; (iv) promising practices in the field; and (v) emerging trends. (C) Report Not later than 90 days after the conclusion of each biennial conference, the Center shall publish a comprehensive report that— (i) summarizes the issues presented during the conference and what, if any, policies the Center intends to implement to address those issues; and (ii) is made available to the public on the Center’s website and submitted to the Congress. (6) Capacity building and fostering innovation The Center shall— (A) promote expansion and development of the field of community violence intervention and prevention, including fostering collaboration, information sharing, and dissemination of best practices among practitioners, providers of intensive site implementation support, and programs and individuals working in the same regions or States, including the identification and dissemination to the public of best practices for addressing community violence; (B) develop a plan for expanding providers of intensive site implementation support in the field of community violence intervention and prevention; (C) develop a plan for identifying innovative community violence intervention and prevention strategies that are in need of further research and evaluation; and (D) develop a plan for providing ongoing intensive site support to organizations implementing community violence intervention and prevention strategies. (7) Reporting The Center shall annually provide a report to the Congress addressing topics to include— (A) national trends in community violence statistics; (B) a summary of the activities of the Center and the Office under this title; and (C) recommendations for improving the national response to community violence. 105. Sense of Congress regarding services for victims of violent crime It is the sense of Congress that— (1) community-based violence intervention programs have shown effective results as a strategy in reducing the risk of reinjury of, or retaliation by, victims of community violence, and promoting victims’ recovery and well-being; (2) young men, boys, girls, and women of color are disproportionately victimized by community violence, but are frequently underserved by victim service providers; and (3) States and territories should consider using funding provided through the Crime Victims Fund to support community-based violence intervention initiatives that provide services for direct and secondary victims of community violence at high risk for reinjury and involvement in community violence. 106. Authorization of appropriations There is authorized to be appropriated to the Department of Health and Human Services to carry out this title, in addition to any amounts otherwise authorized to be appropriated or made available to the Department of Health and Human Services for such purpose— (1) $300,000,000 for fiscal year 2022; (2) $500,000,000 for fiscal year 2023; and (3) $700,000,000 for each of fiscal years 2024 through 2029. II Department of Labor 201. Improving approaches for communities to thrive (IMPACT) grants (a) In general The Secretary of Labor (in this section referred to as the Secretary ) shall award grants to eligible entities for year-round job training and workforce programs authorized under section 129(c)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(c) ), with the elements described in section 129(c)(2)(C) of such Act ( 29 U.S.C. 3164(c)(2)(C) ), for opportunity youth in communities disproportionately affected by gun violence for the purposes of connecting opportunity youth to in-demand occupations. (b) Eligibility To be eligible to seek a grant under subsection (a), an entity shall be— (1) a community-based, nonprofit organization that— (A) serves the residents served by an eligible unit of local government; (B) has a track record of providing community-related activities or support program innovation in communities of color; (C) focuses on training technical skills to prepare opportunity youth for in-demand occupations; and (D) provides— (i) training for opportunity youth who are basic skills deficient; and (ii) soft skills training that enables opportunity youth to engage successfully in work culture; (2) an Indian Tribe or an agency primarily serving Native Americans; (3) an entity that carries out activities authorized under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) that has a focus on opportunity youth; (4) a federally or State recognized apprenticeship program; (5) an accredited community college; or (6) an eligible unit of local government. (c) Reporting The Secretary shall require grantees under this section to report to the Secretary on primary measures funded under this section for— (1) entry into job training, education, apprenticeship, skilled trades training, or other paid and unpaid work experiences that have as a component academic and occupational education programs; and (2) changes in overall school enrollment, unemployment, or weekly earnings for opportunity youth participating in activities of the respective grantee. (d) Definitions In this section: (1) Basic skills deficient The term basic skills deficient means an individual who— (A) is a youth and has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society. (2) In-demand occupation The term in-demand occupation means an occupation described in section 3(23)(A)(ii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23)(A)(ii) ). (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $1,500,000,000 for fiscal year 2022, to remain available through fiscal year 2029. | https://www.govinfo.gov/content/pkg/BILLS-117s2275is/xml/BILLS-117s2275is.xml |
117-s-2276 | II 117th CONGRESS 1st Session S. 2276 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Shaheen (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To support empowerment, economic security, and educational opportunities for adolescent girls around the world, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Keeping Girls in School Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Appropriate congressional committees defined. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Secondary education for adolescent girls. Sec. 6. Global strategy requirement. Sec. 7. Transparency and reporting to Congress. 2. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 3. Findings Congress finds the following: (1) Adolescence is a critical period in a girl’s life, when significant physical, emotional, and social changes shape her future. (2) Adolescent girls are particularly vulnerable to HIV/AIDS, child, early and forced marriage, and other forms of violence which are detrimental to their futures, as evidenced by the following statistics: (A) Each year, 380,000 adolescent girls and young women become newly infected with HIV, more than 1,000 every day, and comprise the fastest-growing demographic for new infections in sub-Saharan Africa. (B) Each year, 12,000,000 adolescent girls around the world are married before their 18th birthday, and more than 650,000,000 women alive today were married as children. (C) Child marriages often interrupt schooling, limit opportunities, and impact the physical, psychological and social well-being of such girls. Significant levels of lockdown-related disruption and economic crisis due to the COVID–19 pandemic could lead to at least 4,000,000 more girls married before the age of 18 in the next two years. (D) One-quarter to one-half of girls in developing countries become mothers before the age of 18, and girls under 15 are five times more likely to die during childbirth than women in their 20s. As many as 1,000,000 girls across sub-Saharan Africa may be blocked from returning to school due to pregnancy during COVID–19 school closures. (3) Before the pandemic, approximately 130,000,000 girls around the world were not in school, and millions more failing to acquire basic reading, writing, and numeracy skills. With COVID–19 school closures affecting nearly 91 percent of the world’s student population, over 743,000,000 girls have had their education disrupted and will face tremendous barriers to returning to school when it is safe. (4) Girls between the ages of 10 and 19 are three times more likely than boys to be kept out of school, particularly in countries affected by conflict. (5) Due to discriminatory gender norms and expectations, disparities in access to safe and quality education manifest early in a girl’s life and continue to become more pronounced throughout adolescence. (6) Girls living with disabilities are less likely to start school and transition to secondary school than boys living with disabilities and other children, and just 1 percent of women with disabilities are literate globally. (7) While two-thirds of all countries have achieved gender parity in primary education, only 40 percent have achieved gender parity in secondary education. (8) Adolescent girls who remain in school are more likely to live longer, marry later, and have healthier children. (9) Investing in holistic programming that ensures all girls complete secondary education could lift gross domestic product (GDP) in developing economies by an average of 10 percent and every $1 spent on such programming would generate a $2.80 return—equivalent to billions of dollars in extra GDP. (10) Children born to women who completed secondary schooling or higher have 17.5 percent reduced odds of being off track for healthy development. (11) Since July 2015, more than 100 public-private partnerships have been formed between the United States Government and external partners to support innovative and community-led solutions in targeted countries, including Malawi and Tanzania, to ensure adolescent girls receive a quality education. (12) The United States Global Strategy to Empower Adolescent Girls, published in March 2016, has brought together the Department of State, the United States Agency for International Development, the Peace Corps, and the Millennium Challenge Corporation, as well as other agencies and programs such as the President’s Emergency Fund for AIDS Relief (PEPFAR), to address the range of challenges preventing adolescent girls from attaining an inclusive and equitable quality education leading to relevant learning outcomes. (13) Adopted in 2015, the 2030 Agenda for Sustainable Development renews the commitment to creating a world where all girls are healthy and protected, learning and have a fair chance to succeed. This agenda also states that empowering girls will require scaling up investments in holistic programming models to end gender-based violence, child marriage, and female genital mutilation (FGM) and adolescent girls’ education and skills are essential to address gender divides, particularly in secondary school. (14) PEPFAR, through its DREAMS (Determined, Resilient, Empowered, AIDS-free, Mentored, and Safe) Initiative, has worked to address a number of the specific barriers to education that adolescent girls face. 4. Sense of Congress It is the sense of Congress that— (1) every child, regardless of place of birth, deserves an equal opportunity to access quality education; (2) the United States has been a global leader in efforts to expand and improve access to quality basic education for all, particularly marginalized and vulnerable populations, including women and girls; (3) gains with respect to girls’ secondary education and empowerment have been proven to correlate strongly with progress in gender equality and women’s rights, a stated priority of United States foreign policy and national security; (4) achieving gender parity in both access to and quality of educational opportunity contributes significantly to economic growth and development, thereby lowering the risk for violence and instability; and (5) education is a lifesaving humanitarian intervention that protects the lives, futures, and well-being of girls. 5. Secondary education for adolescent girls (a) Authority The Administrator of the United States Agency for International Development shall enter into agreements, including agreements across sectors, to address the barriers described in subsection (b) that adolescent girls face in accessing a quality secondary education in countries where adolescent girls are significantly more likely to drop out of school than boys. Such activities shall— (1) seek to support the needs of adolescent girls holistically to achieve positive life and learning outcomes; (2) use existing United States Government strategies and frameworks relevant to international basic education and gender equality to— (A) integrate new technologies, digital learning enhancements and multi-sectoral approaches to girl’s education such as distance learning and accelerated education for out-of-school youth; (B) apply evidence-based approaches; (C) promote inclusive, equitable and sustainable educational achievement; and (D) support a responsible transition to education systems that are sustainably financed by domestic governments; and (3) ensure that schools provide safe and quality educational opportunities and create empowering environments, so that girls can enroll in and regularly attend school, successfully transition from primary to secondary school, and eventually graduate having achieved learning outcomes and positioned to make healthy transitions into adulthood. (b) Specific barriers The barriers described in this subsection are— (1) harmful social and cultural norms; (2) lack of safety at school or traveling to school and online, including harassment and other forms of physical, sexual, or psychological violence; (3) child, early, and forced marriage; (4) female genital mutilation; (5) distance from a secondary school; (6) cost of secondary schooling, including fees, clothing, and supplies; (7) inadequate sanitation facilities and products available at secondary schools; (8) prioritization of boys’ secondary education; (9) poor nutrition; (10) early pregnancy and motherhood; (11) HIV infection; (12) disability; (13) discrimination based on religious or ethnic identity; (14) heavy workload due to household tasks or care burdens; and (15) inequitable access to digital resources. (c) Coordination and oversight (1) In general The United States Agency for International Development Senior Coordinator for International Basic Education Assistance, in coordination with the United States Agency for International Development Senior Coordinator for Gender Equality and Women’s Empowerment and the Ambassador-at-Large for Global Women’s Issues at the Department of State, shall be responsible for the oversight and coordination of all activities of the United States Government carried out under this section. (2) Development of agreements In the development of agreements described in subsection (a), the Senior Coordinator for Gender Equality and Women’s Empowerment and the Senior Coordinator for International Basic Education Assistance at the United States Agency for International Development shall consult with representatives across Federal departments and agencies implementing the global strategy described in section 6. (3) Coordination with other strategies Activities carried out under this section shall also be carried out in coordination with— (A) the United States Global Strategy to Empower Adolescent Girls described in section 6; and (B) the United States Government Strategy on International Basic Education, including its objective to expand access to quality basic education for all, particularly marginalized and vulnerable populations. (d) Acceptance of solicitations for awards The Administrator of the United States Agency for International Development shall seek to accept solicitations for awards, pursuant to the authority in subsection (a), to conduct activities under this section beginning not later than 180 days after the date of the enactment of this Act. (e) Monitoring and evaluation The Administrator of the United States Agency for International Development shall seek to ensure that activities carried out under this section— (1) employ rigorous monitoring and evaluation methodologies to ensure that such activities demonstrably close the gap in gender parity for secondary education and improve the quality of education offered to adolescent girls; (2) disaggregate all data collected and reported by age, gender, marital and motherhood status, disability, and urbanity, to the extent practicable and appropriate; and (3) use, to the extent possible, indicators and methodologies identified by the Interagency Working Group for the Strategy on International Basic Education. 6. Global strategy requirement (a) In general Not later than 180 days after the date of the enactment of this Act, and every 5 years thereafter for not less than 10 years, the Ambassador-at-Large for Global Women’s Issues at the Department of State, in consultation with the Senior Coordinator for Gender Equality and Women’s Empowerment and the Senior Coordinator for International Basic Education Assistance at the United States Agency for International Development, shall— (1) review and update a United States global strategy to empower adolescent girls, which includes a focus on girl’s access to quality, inclusive secondary education, and subsequent agency implementation plans; (2) provide a meaningful opportunity for review and civil society consultation on the strategy and agency implementation plans; and (3) submit the updated strategy to the appropriate congressional committees. (b) Consultation required In reviewing and updating the strategy and implementation plans under subsection (a), the Ambassador-at-Large for Global Women’s Issues, the Senior Coordinator for Gender Equality and Women’s Empowerment, and the Senior Coordinator for International Basic Education Assistance shall consult with— (1) the heads of relevant Federal departments and agencies (or their designees); (2) the appropriate congressional committees; and (3) representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in empowering adolescent girls and promoting gender equality, including local civil society organizations, faith-based organizations, and program participants where possible. 7. Transparency and reporting to Congress (a) In general Not later than 1 year after the date of the enactment of this Act, and biennially thereafter for 10 years until each activity initiated pursuant to the authorities under this Act has concluded, the Administrator of the United States Agency for International Development, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report describing— (1) the activities initiated under the authorities provided in this Act; and (2) the manner and extent to which such activities are monitored and evaluated, in accordance with section 5(e). (b) Availability The report required by subsection (a) shall be made available on a text-based, searchable, and publicly available website of the United States Agency for International Development. | https://www.govinfo.gov/content/pkg/BILLS-117s2276is/xml/BILLS-117s2276is.xml |
117-s-2277 | II 117th CONGRESS 1st Session S. 2277 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Shaheen (for herself, Mr. Markey , Mr. Wyden , Mr. Blumenthal , Mr. Coons , Mr. Merkley , Mr. Portman , Mr. Murphy , Ms. Collins , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign persons responsible for violations of the human rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, and for other purposes.
1. Short title This Act may be cited as the Global Respect Act of 2021 . 2. Findings Congress makes the following findings: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental human rights. (3) An alarming trend of violence directed at lesbian, gay, bisexual, transgender, and intersex (commonly referred to as LGBTI ) individuals around the world continues. (4) Approximately one-third of all countries have laws criminalizing consensual same-sex relations, and many have enacted policies or laws that would further target LGBTI individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBTI individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBTI individuals. (8) In many instances, police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTI citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBTI individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBTI individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBTI individuals. 3. Definitions In this Act: (1) Admission; admitted The terms admission and admitted have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Foreign person The term foreign person means— (A) an individual who is a citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States), including leaders or officials of governmental entities of a foreign country; or (B) any entity not organized solely under the laws of the United States or existing solely in the United States, including governmental entities of a foreign country. 4. Identification of foreign persons responsible for violations of human rights of LGBTI individuals (a) List required (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information, on or after such date of enactment— (A) engages in, is responsible for, or is complicit in, conduct described in paragraph (2); (B) acts as an agent of or on behalf of a foreign person in a matter relating to conduct described in paragraph (2); or (C) is responsible for, or complicit in, inciting a foreign person to engage in conduct described in paragraph (2). (2) Conduct described Conduct described in this paragraph is any of the following, conducted with respect to an individual based on the actual or perceived sexual orientation, gender identity, or sex characteristics of the individual: (A) Cruel, inhuman, or degrading treatment or punishment of the individual. (B) Prolonged detention of the individual without charges or trial. (C) Causing the disappearance of the individual by the abduction and clandestine detention of the individual. (D) Other flagrant denial of the right to life, liberty, or the security of the individual. (3) Credible information For purposes of paragraph (1), credible information includes information obtained by other countries or nongovernmental organizations that monitor violations of human rights. (b) Updates The President shall submit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Removal A person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the person from the list that— (1) credible information exists that the person did not engage in the activity for which the person was added to the list; (2) the person has been prosecuted appropriately for the activity; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity, and has credibly committed to not engage in an activity described in subsection (a) in the future. (d) Form (1) In general The list required by subsection (a)— (A) shall, notwithstanding the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, be submitted in unclassified form and be published in the Federal Register; and (B) may include a classified annex only as provided in paragraph (2). (2) Use of classified annex The President may include a person on the list required by subsection (a) in a classified annex to the list if the President— (A) determines that— (i) it is vital for the national security interests of the United States to do so; and (ii) the use of the annex, and the inclusion of the person in the annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in activities described in subsection (a) in order to increase accountability for such conduct; and (B) not later than 15 days before including the person in the annex, submits to the appropriate congressional committees notice of, and a justification for, including or continuing to include the person in the classified annex despite the existence of any publicly available credible information indicating that the person engaged in an activity described in subsection (a). (e) Public submission of information The President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required by subsection (a) may be submitted to the Secretary of State for evaluation. (f) Requests from appropriate congressional committees (1) Consideration of information The President shall consider information provided by the chairperson or ranking member of any of the appropriate congressional committees in determining whether to include a foreign person on the list required by subsection (a). (2) Requests Not later than 120 days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson or ranking member, as the case may be, with respect to the determination of the President with respect to the person. (3) Removal If the President removes from the list required by subsection (a) a person that had been placed on the list pursuant to a request the chairperson or ranking member of one of the appropriate congressional committees under paragraph (2), the President shall provide to the chairperson or ranking member any information that contributed to the decision to remove the person from the list. (4) Form The President may submit a response required by paragraph (2) or (3) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. 5. Inadmissibility of individuals responsible for violations of human rights of LGBTI individuals (a) Ineligibility for visas and admission to the United States An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current visas revoked and removal from United States (1) In general The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of an individual on the list required by section 4(a), and the Secretary of Homeland Security shall remove any such individual from the United States. (2) Regulations required Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this subsection. (c) Waivers The President may waive the application of subsection (a) or (b) with respect to a foreign person if the President— (1) determines that such a waiver— (A) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States; or (B) is in the national security interests of the United States; and (2) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver. 6. Sense of Congress with respect to additional sanctions It is the sense of Congress that the President should use existing authorities to impose targeted sanctions (in addition to section 5) with respect to foreign persons on the list required by section 4(a) to push for accountability for flagrant denials of the right to life, liberty, or the security of the person. 7. Report to Congress Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including— (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding the report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) in each report after the first such report, an analysis that compares increases or decreases in the number of persons added to or removed from the list year-over-year and the reasons for such increases or decreases; and (2) any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this Act. 8. Discrimination related to sexual orientation or gender identity (a) Tracking violence or criminalization related to sexual orientation or gender identity The Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual country reports on human rights practices The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) )— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)— (i) in subparagraph (B), by striking and at the end; and (ii) in subparagraph (C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity. ; and (2) in section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting after the ninth sentence the following: Wherever applicable, each report under this section shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly of an individual in foreign countries that is based on actual or perceived sexual orientation, gender identity, or sex characteristics. . | https://www.govinfo.gov/content/pkg/BILLS-117s2277is/xml/BILLS-117s2277is.xml |
117-s-2278 | II 117th CONGRESS 1st Session S. 2278 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Portman introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve agency rulemaking, and for other purposes.
1. Short title This Act may be cited as the Regulatory Accountability Act . 2. Definitions Section 551 of title 5, United States Code, is amended— (1) in paragraph (5), by striking rule making and inserting rulemaking ; (2) in paragraph (6), by striking rule making and inserting rulemaking ; (3) in paragraph (13), by striking and at the end; (4) in paragraph (14), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (15) guidance means an agency statement of general applicability that— (A) is not intended to have the force and effect of law; and (B) sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; (16) high-impact rule means any rule that the Administrator determines is likely to cause an annual effect on the economy of $500,000,000 or more, adjusted once every 5 years to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor; (17) major guidance means guidance that the Administrator finds is likely to lead to— (A) an annual effect on the economy of $100,000,000 or more, adjusted once every 5 years to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or Tribal government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; (18) major rule means any rule that the Administrator determines is likely to cause— (A) an annual effect on the economy of $100,000,000 or more, adjusted once every 5 years to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or Tribal government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; (19) Office of Information and Regulatory Affairs means the office established under section 3503 of title 44 and any successor to that office; and (20) Administrator means the Administrator of the Office of Information and Regulatory Affairs. . 3. Rulemaking Section 553 of title 5, United States Code, is amended— (1) in the section heading, by striking Rule making and inserting Rulemaking ; (2) in subsection (a), by striking (a) This section applies and inserting the following: (a) Applicability This section applies ; and (3) by striking subsections (b) through (e) and inserting the following: (b) Rulemaking considerations In a rulemaking, an agency shall consider, in addition to other applicable considerations, the following: (1) The legal authority under which a rule may be proposed, including whether rulemaking is required by statute or is within the discretion of the agency. (2) The nature and significance of the problem the agency intends to address with a rule. (3) Whether existing Federal laws or rules have created or contributed to the problem the agency may address with a rule and, if so, whether those Federal laws or rules could be amended or rescinded to address the problem in whole or in part. (4) A reasonable number of alternatives for or to a new rule, with the consideration of 3 alternatives presumed to be reasonable, that— (A) meet the objectives of the statutory provision on which the rulemaking relies, including substantial alternatives or other responses identified by the agency or by interested persons; and (B) consider not only mandating particular conduct or manners of compliance, but also— (i) specifying performance objectives; (ii) establishing economic incentives, including marketable permits, to encourage desired behavior; (iii) establishing disclosure requirements that will provide information upon which choices can be made by the public; or (iv) adopting other means of meeting the objectives of the statutory provision on which the rulemaking relies without mandating particular conduct or manners of compliance. (5) For any major rule or high-impact rule, unless prohibited by law, the potential costs and benefits associated with potential alternative rules and other responses considered under paragraph (4), including quantitative and qualitative analyses of— (A) the direct costs and benefits; (B) the nature and degree of risks addressed by the rule and the countervailing risks that might be posed by agency action; and (C) to the extent practicable, the cumulative costs and benefits, and an analysis of the effects that the rule is anticipated to have on entities that purchase products or services from, sell products or services to, or otherwise conduct business with entities to which the rule will apply. (c) Notice of proposed rulemaking (1) In general If an agency determines that the objectives of the agency require the agency to issue a rule, the agency shall— (A) submit a notice of proposed rulemaking to the Administrator for review; (B) refrain from publishing the notice until the Administrator determines that review by the Administrator has concluded; and (C) at the conclusion of review by the Administrator, publish a notice of proposed rulemaking in the Federal Register, which shall include— (i) a statement of the time, place, and nature of any public rulemaking proceedings; (ii) a reference to the legal authority under which the rule is proposed, including the specific statutory provision on which the rulemaking relies; (iii) the text of the proposed rule; (iv) a summary of information known to the agency concerning the considerations described in subsection (b); and (v) where otherwise consistent with applicable law, for any major rule or high-impact rule— (I) a reasoned preliminary explanation regarding how— (aa) the proposed rule meets the objectives of the statutory provision on which the rulemaking relies; and (bb) the benefits of the proposed rule justify the costs; (II) a discussion of— (aa) the costs and benefits of alternatives considered by the agency under subsection (b)(4); (bb) whether the alternatives considered by the agency under subsection (b)(4) meet the objectives of the statutory provision on which the rulemaking relies; and (cc) the reasons why the agency did not propose an alternative considered by the agency under subsection (b)(4); and (III) a solicitation of public comment, including on all issues and alternatives discussed under subclauses (I) and (II) and subsection (l)(1)(A). (2) Accessibility (A) In general Not later than the date on which an agency publishes a notice of proposed rulemaking under paragraph (1), all studies, models, scientific literature, and other information developed or relied upon by the agency, and actions taken by the agency to obtain that information, in connection with the determination of the agency to propose the rule that is the subject of the rulemaking shall be placed in the docket for the proposed rule and made accessible to the public. (B) Information controlled by nongovernmental person With respect to any information to which a nongovernmental person holds a legal right to prohibit or limit reproduction, distribution, or public display, the information shall be— (i) placed in the docket through citation or incorporation by reference, including a specification of the identity of the nongovernmental person who holds a legal right to prohibit or limit reproduction, distribution, or public display of the information and the means by which a member of the public may request a full copy of the information from that holder; and (ii) considered made accessible to the public after a placement described in clause (i), provided that the nongovernmental person who holds a legal right to prohibit or limit reproduction, distribution, or public display of the information makes the information reasonably available upon request in a timely manner to any member of the public who requests a copy of the information. (C) Exception Subparagraphs (A) and (B) shall not apply with respect to information that is exempt from disclosure under section 552(b). (3) Information quality If an agency proposes a rule that rests upon scientific, technical, or economic information, the agency shall— (A) propose the rule on the basis of the best reasonably available scientific, technical, or economic information; and (B) to the maximum extent practicable, use that information in compliance with the guidelines issued under section 515 of the Treasury and General Government Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–154). (4) Public comment (A) In general After publishing a notice of proposed rulemaking under paragraph (1), an agency shall provide interested persons an opportunity to participate in the rulemaking through the submission of written material, data, views, or arguments with or without opportunity for oral presentation, except that— (i) if a public hearing is convened under subsection (e), reasonable opportunity for oral presentation shall be provided at the public hearing as provided in subsection (e); and (ii) when, other than as provided in subsection (e), a rule is required by statute to be made on the record after opportunity for an agency hearing— (I) sections 556 and 557 shall apply; and (II) the petition procedures of subsection (e) shall not apply. (B) Timeline (i) In general Subject to subparagraph (C), an agency shall provide not less than 60 days, or, with respect to a proposed major rule or a proposed high-impact rule, not less than 90 days, for interested persons to submit written material, data, views, or arguments under subparagraph (A). (ii) Adequate review period If a proposed rule relies on information placed in the docket through citation or incorporation by reference as described in paragraph (3)(B), the comment period required under clause (i) shall be adequate to allow interested persons to receive and review that information to inform their submission. (C) Responsive comment period for major and high-impact rules With respect to a proposed major rule or a proposed high-impact rule, an interested person who made a submission under subparagraph (A) during the comment period under subparagraph (B) with respect to the rule may, during the period beginning on the day after the date on which that comment period closes and ending on the date that is 30 days after that day, respond to any other submission made by any other interested person under subparagraph (A) during the initial comment period. (D) Accessibility All comments and responses submitted under this paragraph shall be promptly placed in the docket and made accessible to the public. (5) Change of classification after publication of notice If, after an agency submits for review and publishes the notice of proposed rulemaking required under paragraph (1), a proposed rule is determined to be a major rule or a high-impact rule, the agency shall— (A) publish a notice in the Federal Register with respect to the change of the classification of the rule; and (B) allow interested persons an additional opportunity of not less than 30 days to comment on— (i) the rule; and (ii) the change of the classification of the rule. (6) Prohibition on certain communications (A) In general Except as provided in subparagraph (B), after an agency publishes a notice of proposed rulemaking required under paragraph (1), or after an agency publishes a notice of initiation of rulemaking under subsection (d)(1)(B), the agency, and any individual acting in an official capacity on behalf of the agency, may not communicate, and a person who receives Federal funds from the agency may not use those funds to communicate, through written, oral, electronic, or other means, to the public with respect to the proposed rule in a manner that— (i) directly advocates, in support of or against the proposed rule, for the submission of information that will form part of the record for the proposed rule; (ii) appeals to the public, or solicits a third party, to undertake advocacy in support of or against the proposed rule; or (iii) is directly or indirectly for the purpose of publicity or propaganda within the United States in a manner that Congress has not authorized. (B) Exception The prohibition under subparagraph (A) shall not apply to a communication that requests comments on, or provides information regarding, a proposed rule in an impartial manner. (d) Initiation of rulemaking for major and high-Impact rules (1) Notice for major and high-impact rules When an agency determines to initiate a rulemaking that may result in a major rule or a high-impact rule, the agency shall— (A) establish an electronic docket for that rulemaking, which may have a physical counterpart; and (B) publish a notice of initiation of rulemaking in the Federal Register, which shall— (i) briefly describe the subject and objectives of, and the problem to be solved by, the rule; (ii) refer to the legal authority under which the rule would be proposed, including the specific statutory provision that authorizes the rulemaking; (iii) invite interested persons to propose alternatives and other ideas regarding how best to accomplish the objectives of the agency in the most effective manner; (iv) indicate how interested persons may submit written material for the docket; and (v) appear in the Federal Register not later than 90 days before the date on which the agency publishes a notice of proposed rulemaking for the rule. (2) Accessibility All information provided to the agency under paragraph (1) shall be promptly placed in the docket and made accessible to the public, unless the information— (A) is information to which the submitter does not hold a legal right to authorize disclosure; or (B) is exempt from disclosure under section 552(b). (3) Applicability With respect to the alternatives and other ideas proposed under paragraph (1)(B)(iii)— (A) the alternatives and other ideas are for the benefit of— (i) the agency receiving the alternatives and other ideas; and (ii) the public; and (B) the agency receiving the alternatives and other ideas may respond to the alternatives and other ideas. (4) Timetable (A) In general After considering any written material submitted by interested persons under paragraph (1), if an agency determines to proceed with a rulemaking for a major rule or a high-impact rule, the agency proposing the rule shall establish a timetable for the rulemaking that— (i) contains intermediate completion dates for actions of the agency, including— (I) the anticipated date on which the agency shall publish the notice required under subsection (c)(1) with respect to the rule; and (II) the duration of the comment period required under subsection (c)(4), including the date on which the comment period shall end; and (ii) includes a final completion date for actions by the agency. (B) Publication The timetable required under subparagraph (A) shall be published in the electronic docket established under paragraph (1)(A) with respect to the rulemaking. (C) Consideration of factors In establishing the timetable required under subparagraph (A), an agency shall consider relevant factors, including— (i) the size and complexity of the rulemaking; (ii) the resources available to the agency; (iii) the national significance of the rulemaking; and (iv) all statutory requirements that govern the timing of the rulemaking. (D) Report required (i) In general An agency that fails to meet an intermediate or final completion date for an action established under subparagraph (A) shall submit to Congress and the Director of the Office of Management and Budget a report regarding why the agency failed to meet the completion date. (ii) Contents; publication in federal register A report submitted under clause (i) shall— (I) include an amended timetable for the rulemaking; and (II) be published— (aa) in the Federal Register; and (bb) in the electronic docket established under paragraph (1)(A) with respect to the rulemaking. (E) Changes to intermediate dates published in electronic docket If an agency changes an intermediate completion date for an action of the agency established under subparagraph (A)(i), the agency shall publish in the electronic docket established under paragraph (1)(A)— (i) the updated completion date for the action; and (ii) a brief explanation regarding the reason for the change to the completion date. (5) Notice of determination of other agency course (A) In general If, after publishing the notice required under paragraph (1), an agency determines not to issue a major rule or a high-impact rule, the agency shall— (i) publish a notice of determination of other agency course; and (ii) if the agency intends to issue a rule, comply with the procedures required under subsection (c). (B) Contents A notice of determination of other agency course published under subparagraph (A)(i) shall include— (i) a description of the alternative response the agency has determined to adopt; and (ii) if the agency intends to issue a rule, any information required under subsection (c). (e) Public hearing for high-Impact rules (1) Petition for public hearing (A) In general Before the date on which the comment period closes with respect to a proposed high-impact rule, an interested person may petition the agency that proposed the rule to hold a public hearing in accordance with this subsection. (B) Granting and denial of petition (i) Granting of petition Not later than 30 days after the date on which an agency receives a petition submitted under subparagraph (A) with respect to a rule, the agency shall grant the petition, in whole or in part, if the petition shows that— (I) the proposed rule is based on conclusions with respect to 1 or more specific scientific, technical, economic, or other complex factual issues that are genuinely disputed; (II) with respect to a rule that the agency is required to reissue not less frequently than once every 3 years, the interested person submitting the petition could not have raised the disputed factual issues described in subclause (I) during the 5-year period preceding the date on which the petition is submitted; and (III) the resolution of the disputed factual issues described in subclause (I) would likely have an effect on— (aa) the costs and benefits of the proposed rule; or (bb) whether the proposed rule achieves relevant statutory objectives, including the objectives of the statutory provision on which the rulemaking relies. (ii) Denial of petition If an agency denies a petition submitted under subparagraph (A) in whole or in part, the agency shall include in the rulemaking record an explanation for the denial that is sufficient for judicial review, including— (I) findings by the agency that— (aa) there is no genuine dispute as to the factual issues raised by the petition; or (bb) with respect to a rule that the agency is required to reissue not less frequently than once every 3 years, the interested person submitting the petition could have raised the disputed factual issues in the petition during the 5-year period preceding the date on which the petition is submitted; and (II) a reasoned determination by the agency that the factual issues raised by the petition, even if subject to genuine dispute and not subject to subclause (I)(bb), will not have an effect on— (aa) the costs and benefits of the proposed rule; or (bb) whether the proposed rule achieves relevant statutory objectives, including the objectives of the statutory provision on which the rulemaking relies. (iii) Inclusion in the record A petition submitted under subparagraph (A) with respect to a high-impact rule and the decision of an agency with respect to the petition shall be included in the rulemaking record. (2) Notice of hearing Not later than 45 days before the date on which a hearing is held under this subsection, an agency shall publish in the Federal Register a notice specifying— (A) the proposed rule to be considered at the hearing; and (B) the factual issues to be considered at the hearing. (3) Hearing requirements (A) Limited nature of hearing A hearing held under this subsection shall be limited to— (i) the specific factual issues raised in a petition granted in whole or in part under paragraph (1); and (ii) any other factual issues the resolution of which an agency, in the discretion of the agency, determines will advance consideration by the agency of the proposed rule. (B) Procedures (i) Burden of proof Except as otherwise provided by statute, a proponent of a rule has the burden of proof in a hearing held under this subsection. (ii) Admission of evidence In a hearing held under this subsection, any documentary or oral evidence may be received, except that an agency, as a matter of policy, shall provide for the exclusion of immaterial or unduly repetitious evidence. (iii) Adoption of rules governing hearings To govern a hearing held under this subsection, each agency shall adopt rules that provide for— (I) the appointment of an agency official or administrative law judge to preside at the hearing; (II) the presentation by interested parties of relevant documentary or oral evidence, unless the evidence is immaterial or unduly repetitious; (III) a reasonable and adequate opportunity for cross-examination by interested parties concerning genuinely disputed factual issues raised by the petition, provided that, in the case of multiple interested parties with the same or similar interests, the agency may require the use of common counsel where the common counsel may adequately represent the interests that will be significantly affected by the proposed rule; and (IV) when appropriate, and to the extent practicable, the consolidation of proceedings with respect to multiple petitions submitted under this subsection into a single hearing. (C) Record of hearing A transcript of testimony and exhibits, together with all papers and requests filed in the hearing, shall constitute the exclusive record for decision of the factual issues addressed in a hearing held under this subsection. (4) Judicial review (A) In general Failure to petition for a hearing under this subsection shall not preclude judicial review of any claim that could have been raised in the hearing petition or at the hearing. (B) Timing of judicial review There shall be no judicial review of the disposition of a petition by an agency under this subsection until judicial review of the final action of the agency. (f) Final rules (1) Net benefits of major or high-impact rule (A) In general Except as provided in subparagraph (B), in a rulemaking for a major rule or a high-impact rule, an agency shall adopt the alternative considered under subsection (b)(5) that maximizes net benefits, taking into consideration only the costs and benefits that arise within the scope of the statutory provision that authorizes the rulemaking. (B) Exceptions In a rulemaking for a major rule or a high-impact rule, an agency may adopt an alternative other than as required under subparagraph (A) only if— (i) the Administrator approves the adoption by the agency of the alternative; and (ii) the alternative is adopted to— (I) account for costs or benefits that cannot be quantified, including costs or benefits related to constitutional or civil rights, provided that the agency identifies all such costs and benefits and explains why those costs and benefits justify the adoption of the alternative; or (II) achieve additional benefits or cost reductions, provided that the agency— (aa) identifies— (AA) all such additional benefits and the associated costs of those benefits; and (BB) all such cost reductions and the associated benefits of those cost reductions; and (bb) explains why— (AA) the additional benefits justify the additional costs; or (BB) the additional cost reductions justify any benefits foregone. (C) Rule of construction Nothing in subparagraph (A) may be construed to preclude an agency from including in an alternative adopted pursuant to such subparagraph changes made as a result of agency analysis or review performed under chapter 6 of this title. (2) Publication of notice of final rulemaking After submitting a final rule to the Administrator for review and obtaining a certification from the Administrator that the review has concluded, the agency shall publish a notice of final rulemaking in the Federal Register, which shall include— (A) a concise, general statement of the basis and purpose of the rule and a reference to the legal authority under which the rule is made, including the specific statutory provision on which the rulemaking relies; (B) a reasoned determination by the agency regarding the considerations described in subsection (b); (C) a response to each significant issue raised in the comments on the proposed rule; and (D) with respect to a major rule or a high-impact rule, a reasoned determination by the agency that— (i) the benefits of the rule advance the relevant objectives of the statutory provision on which the rulemaking relies and justify the costs of the rule; and (ii) (I) no other alternative considered would achieve the relevant objectives of the statutory provision on which the rulemaking relies in a manner that more greatly maximizes net benefits as required under paragraph (1)(A); or (II) the adoption by the agency of a more costly or less costly rule complies with paragraph (1)(B). (3) Information quality If an agency rulemaking rests upon scientific, technical, or economic information, the agency shall— (A) adopt a final rule on the basis of the best reasonably available scientific, technical, or economic information; and (B) to the maximum extent practicable, use that information in compliance with the guidelines issued under section 515 of the Treasury and General Government Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–154). (4) Accessibility (A) In general Not later than the date on which an agency publishes a notice of final rulemaking under paragraph (2), all studies, models, scientific literature, and other information developed or relied upon by the agency, and actions taken by the agency to obtain that information, in connection with the determination of the agency to finalize the rule that is the subject of the rulemaking shall be placed in the docket for the rule and made accessible to the public. (B) Information controlled by nongovernmental person With respect to any information to which a nongovernmental person holds a legal right to prohibit or limit reproduction, distribution, or public display, the information shall be— (i) placed in the docket through citation or incorporation by reference, including a specification of the identity of the nongovernmental person who holds a legal right to prohibit or limit reproduction, distribution, or public display of the information and the means by which a member of the public may request a full copy of the information from that holder; and (ii) considered made accessible to the public after a placement described in clause (i), provided that the nongovernmental person who holds a legal right to prohibit or limit reproduction, distribution, or public display of the information makes the information reasonably available upon request in a timely manner. (C) Exception Subparagraphs (A) and (B) shall not apply with respect to information that is exempt from disclosure under section 552(b). (5) Rules adopted at the end of a Presidential administration (A) In general During the 60-day period beginning on a transitional inauguration day (as defined in section 3349a), with respect to any final rule that had been placed on file for public inspection by the Office of the Federal Register or published in the Federal Register as of the date of the inauguration, but which had not become effective by the date of the inauguration, the agency issuing the rule may, by order, delay the effective date of the rule for not more than 90 days for the purpose of obtaining public comment on whether— (i) the rule should be amended or rescinded; or (ii) the effective date of the rule should be further delayed. (B) Opportunity for comment If an agency delays the effective date of a rule under subparagraph (A), the agency shall give the public not less than 30 days to submit comments. (g) Applicability (1) Primacy of certain rulemaking considerations and procedures in other federal laws (A) Considerations If a rulemaking is authorized under a Federal law that requires an agency to consider, or prohibits an agency from considering, a factor in a manner that is inconsistent with, or that conflicts with, the requirements under this section, for the purposes of this section, the requirement or prohibition, as applicable, in that other Federal law shall apply to the agency in the rulemaking. (B) Procedural requirements If a rulemaking is authorized under a Federal law that requires an agency to follow or use, or prohibits an agency from following or using, a procedure in a manner that is duplicative of, or that conflicts with, a procedural requirement under this section, for the purposes of this section, the requirement or prohibition, as applicable, in that other Federal law shall apply to the agency in the rulemaking. (2) Guidance and rules of organization Except as otherwise provided by law, this section shall not apply to guidance or rules of agency organization, procedure, or practice. (3) Exceptions for good cause (A) Finding of good cause (i) In general If an agency for good cause finds that compliance with subsection (c), (d), (e), or (f)(2)(B) before issuing a final rule is unnecessary, impracticable, or contrary to the public interest, that subsection shall not apply and the agency may issue the final rule or an interim final rule, as applicable, under subparagraph (B) or (C). (ii) Incorporation of good cause finding If an agency makes a finding under clause (i), the agency shall include that finding and a brief statement with respect to the reasons for that finding in the final rule or interim final rule, as applicable, issued by the agency. (B) Direct final rules (i) In general Except as provided in clause (ii), if an agency makes a finding under subparagraph (A)(i) that compliance with subsection (c), (d), (e), or (f)(2)(B) before issuing a final rule is unnecessary, the agency shall, before issuing the final rule— (I) publish in the Federal Register the text of the final rule, the brief statement required under subparagraph (A)(ii), and a notice of opportunity for public comment; (II) establish a comment period of not less than 30 days for any interested person to submit written material, data, views, or arguments with respect to the final rule; and (III) provide notice of the date on which the rule will take effect. (ii) Exception An agency that made a finding described in clause (i) may choose not to follow the requirements under that clause if the agency determines that following the requirements would not expedite the issuance of the final rule. (iii) Adverse comments If an agency receives significant adverse comments with respect to a rule during the comment period established under clause (i)(II), the agency shall— (I) withdraw the notice of final rulemaking published by the agency with respect to the rule; and (II) complete rulemaking in accordance with subsections (c) through (f), as applicable. (C) Interim final rules (i) In general If an agency for good cause finds that compliance with subsection (c), (d), (e), or (f)(2)(B) before issuing a final rule is impracticable or contrary to the public interest, the agency shall issue an interim final rule by— (I) publishing the interim final rule and a request for public comment in the portion of the Federal Register relating to final rules; and (II) providing a cross-reference in the portion of the Federal Register relating to proposed rules that requests public comment with respect to the rule not later than 60 days after the rule is published under subclause (I). (ii) Interim period (I) In general Not later than 180 days after the date on which an agency issues an interim final rule under clause (i), the agency shall— (aa) rescind the interim rule; (bb) initiate rulemaking in accordance with subsections (c) through (f); or (cc) take final action to adopt a final rule. (II) No force or effect If, as of the end of the 180-day period described in subclause (I), an agency fails to take an action described in item (aa), (bb), or (cc) of that subclause, the interim final rule issued by the agency shall have no force or effect. (4) Exemption for monetary policy This section shall not apply to a rulemaking or to guidance that concerns monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. (5) Rule of construction Nothing in this subsection shall be construed to modify, alter, or abridge exclusive rights held pursuant to title 17. (h) Date of publication A final rule, a direct final rule described in subsection (g)(3)(B), or an interim final rule described in subsection (g)(3)(C) shall be published not later than 30 days (or, in the case of a major rule or a high-impact rule, not later than 60 days) before the effective date of the rule, except— (1) for guidance; or (2) as otherwise provided by an agency for good cause and as published with the rule. (i) Right to petition and review of rules Each agency shall— (1) give interested persons the right to petition for the issuance, amendment, or repeal of a rule; and (2) on a continuing basis, invite interested persons to submit, by electronic means, suggestions for rules that warrant retrospective review and possible modification or repeal. (j) Rulemaking guidelines (1) Assessment of rules (A) In general The Administrator shall establish guidelines regarding rulemaking as follows: (i) Identification of need for rules Guidelines setting forth how needs for rulemaking should be identified, including— (I) whether rulemaking is made necessary by compelling public need, such as material failures of private markets or public institutions to protect or improve the health and safety of the public, the environment, or the well-being of the public; and (II) whether rulemaking needs could be lessened by reliance on potential State, local, Tribal, or regional regulatory action or other responses that could be taken in lieu of agency action. (ii) Assessment of rules Guidelines setting forth how the assessment, including the quantitative and qualitative assessment, of proposed and final rules should occur, including how to determine— (I) the costs and benefits of proposed and final rules and alternatives to them, including quantifiable and non-quantifiable costs and benefits; (II) whether proposed and final rules maximize net benefits; (III) estimated impacts on jobs, wages, competition, innovation, and low-income populations; (IV) other economic issues that are relevant to rulemaking under this section or other sections of this part; and (V) risk assessments that are relevant to rulemaking under this section and other sections of this part. (iii) Numbers of alternatives Guidelines regarding when it may be reasonable to consider in a rulemaking more alternatives than the number presumed to be reasonable under subsection (b)(4). (iv) Adoption of alternatives for major or high-impact rules Guidelines regarding when it may be appropriate, in a rulemaking for a major or high-impact rule, to adopt an alternative final rule under subsection (f)(1)(B). (v) Administrator review Guidelines regarding the efficient submission and review of proposed and final rules under subsections (c)(1) and (f)(2). (B) Agency analysis of rules (i) In general The rigor of the cost-benefit analysis required or recommended by the guidelines established under subparagraph (A) shall be commensurate, as determined by the Administrator, with the economic impact of a rule. (ii) Risk assessment guidelines Guidelines for a risk assessment described in subparagraph (A)(iv) shall include criteria for— (I) selecting studies and models; (II) evaluating and weighing evidence; and (III) conducting peer reviews. (C) Updating guidelines Not less frequently than once every 10 years, the Administrator shall update the guidelines established under subparagraph (A) to enable each agency to use the best available techniques to identify, quantify, and evaluate the need for rulemaking and present and future benefits, costs, other economic issues, and risks as objectively and accurately as practicable. (2) Simplification of rules (A) Issuance of guidelines The Administrator shall issue guidelines to promote coordination, simplification, and harmonization of agency rules during the rulemaking process. (B) Requirements The guidelines issued by the Administrator under subparagraph (A) shall advise each agency to— (i) avoid rules that are inconsistent or incompatible with, or duplicative of, other regulations of the agency and those of other agencies; and (ii) draft the rules of the agency to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty. (3) Consistency in rulemaking (A) In general To promote consistency in rulemaking, the Administrator shall— (i) issue guidelines to ensure that rulemaking conducted in whole or in part under procedures specified in provisions of law other than those under this section conform with the procedures set forth in this section to the fullest extent allowed by law; and (ii) issue guidelines for the adoption of rules under subsection (e)(3)(B)(iii), which shall provide a reasonable opportunity for cross-examination, as described in subsection (e)(3)(B)(iii)(III). (B) Agency adoption of regulations Each agency shall adopt regulations for the conduct of hearings consistent with the guidelines issued under this paragraph. (k) Agency guidance; procedures To issue major guidance; authority To issue guidelines for issuance of guidance (1) In general Agency guidance shall— (A) not be used by an agency to foreclose consideration of issues as to which the guidance expresses a conclusion; (B) state that the guidance is not legally binding; and (C) at the time the guidance is issued, or upon request, be made available by the issuing agency to interested persons and the public. (2) Procedures to issue major guidance Before issuing any major guidance, an agency shall make and document a reasoned determination that— (A) such guidance is understandable and complies with relevant statutory objectives and regulatory provisions; and (B) identifies the costs and benefits, including all costs and benefits to be considered during a rulemaking as required under subsection (b), of requiring conduct conforming to such guidance and assures that such benefits justify such costs. (3) Issuance of updated guidance (A) In general The Administrator shall issue updated guidelines for use by agencies in the issuance of guidance documents. (B) Requirements The guidelines issued by the Administrator under subparagraph (A) shall advise each agency— (i) not to issue guidance documents that are inconsistent or incompatible with, or duplicative of, other rules of the agency and those of other agencies; (ii) to draft the guidance documents of the agency to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from the uncertainty; and (iii) how to develop and implement a strategy to ensure the proper use of guidance by the agency. (l) Major rule and high-Impact rule frameworks (1) In general Beginning on the date that is 180 days after the date of enactment of this subsection, when an agency publishes in the Federal Register— (A) a proposed major rule or a proposed high-impact rule, the agency shall include a potential framework for assessing the rule, which shall include a general statement of how the agency intends to measure the effectiveness of the rule; or (B) a final major rule or a final high-impact rule, the agency shall include a framework for assessing the rule under paragraph (2), which shall include— (i) a clear statement of the regulatory objectives of the rule, including a summary of the benefit and cost of the rule; (ii) the methodology by which the agency plans to analyze the rule, including metrics by which the agency can measure— (I) the effectiveness and benefits of the rule in producing the regulatory objectives of the rule; and (II) the impacts, including any costs, of the rule on regulated and other impacted entities; (iii) a plan for gathering data regarding the metrics described in clause (ii) on an ongoing basis, or at periodic times, including a method by which the agency will invite the public to participate in the review process and seek input from other agencies; and (iv) a specific timeframe, as appropriate to the rule and not more than 10 years after the effective date of the rule, under which the agency shall conduct the assessment of the rule in accordance with paragraph (2)(A). (2) Assessment (A) In general Each agency shall assess the data collected under paragraph (1)(B)(iii), using the methodology set forth in paragraph (1)(B)(ii) or any other appropriate methodology developed after the issuance of a final major rule or a final high-impact rule to better determine whether the regulatory objective was achieved, with respect to the rule— (i) to analyze how the actual benefits and costs of the rule may have varied from those anticipated at the time the rule was issued; and (ii) to determine whether— (I) the rule is accomplishing the regulatory objective of the rule; (II) the rule has been rendered unnecessary, taking into consideration— (aa) changes in the subject area affected by the rule; and (bb) whether the rule overlaps, duplicates, or conflicts with— (AA) other rules; or (BB) to the extent feasible, State and local government regulations; (III) the rule needs to be modified in order to accomplish the regulatory objective; and (IV) other alternatives to the rule or modification of the rule could better achieve the regulatory objective while imposing a smaller burden on society or increase cost-effectiveness, taking into consideration any cost already incurred. (B) Different methodology If an agency uses a methodology other than the methodology under paragraph (1)(B)(ii) to assess data under subparagraph (A), the agency shall include as part of the notice required to be published under subparagraph (D) an explanation of the changes in circumstances that necessitated the use of that other methodology. (C) Subsequent assessments (i) In general Except as provided in clause (ii), if, after an assessment of a major rule or a high-impact rule under subparagraph (A), an agency determines that the rule will remain in effect with or without modification, the agency shall— (I) determine a specific time, as appropriate to the rule and not more than 10 years after the date on which the agency completes the assessment, under which the agency shall conduct another assessment of the rule in accordance with subparagraph (A); and (II) if the assessment conducted under subclause (I) does not result in a repeal of the rule, periodically assess the rule in accordance with subparagraph (A) to ensure that the rule continues to meet the regulatory objective. (ii) Exemption The Administrator may exempt an agency from conducting a subsequent assessment of a rule under clause (i) if the Administrator determines that there is a foreseeable and apparent need for the rule beyond the timeframe required under clause (i)(I). (D) Publication Not later than 180 days after the date on which an agency completes an assessment of a major rule or a high-impact rule under subparagraph (A), the agency shall publish a notice of availability of the results of the assessment in the Federal Register, including the specific time for any subsequent assessment of the rule under subparagraph (C)(i), if applicable. (3) OIRA oversight The Administrator shall— (A) issue guidance for agencies regarding the development of the framework under paragraph (1) and the conduct of the assessments under paragraph (2)(A); (B) oversee the timely compliance of agencies with this subsection; (C) ensure that the results of each assessment conducted under paragraph (2)(A) are— (i) published promptly on a centralized Federal website; and (ii) noticed in the Federal Register in accordance with paragraph (2)(D); (D) ensure that agencies streamline and coordinate the assessment of major rules or high-impact rules with similar or related regulatory objectives; (E) exempt an agency from including the framework required under paragraph (1)(B) when publishing a final major rule or a final high-impact rule if the Administrator determines that compliance with paragraph (1)(B) is unnecessary, impracticable, or contrary to the public interest, as described in subsection (g)(3)(A)(i); and (F) extend the deadline specified by an agency for an assessment of a major rule or a high-impact rule under paragraph (1)(B)(iv) or paragraph (2)(C)(i)(I) for a period of not more than 90 days if the agency justifies why the agency is unable to complete the assessment by that deadline. (4) Rule of construction Nothing in this subsection shall be construed to affect— (A) the authority of an agency to assess or modify a major rule or a high-impact rule of the agency earlier than the end of the timeframe specified for the rule under paragraph (1)(B)(iv); or (B) any other provision of law that requires an agency to conduct retrospective reviews of rules issued by the agency. (5) Applicability (A) In general This subsection shall not apply to— (i) a major rule or a high-impact rule of an agency— (I) that the Administrator reviewed before the date of enactment of this subsection; (II) for which the agency is required to conduct a retrospective review under any other provision of law that meets or exceeds the requirements of this subsection, as determined by the Administrator; or (III) for which the authorizing statute is subject to periodic reauthorization by Congress not less frequently than once every 10 years; (ii) guidance; (iii) routine and administrative rules; or (iv) a rule that is reviewed under section 2222 of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 ( 12 U.S.C. 3311 ). (B) Direct and interim final major rule or high-impact rule In the case of a major rule or a high-impact rule of an agency for which the agency is not required to issue a notice of proposed rulemaking in response to an emergency or a statutorily imposed deadline, the agency shall publish the framework required under paragraph (1)(B) in the Federal Register not later than 180 days after the date on which the agency publishes the rule. (6) Recommendations to Congress If, under an assessment conducted under paragraph (2), an agency determines that a major rule or a high-impact rule should be modified or repealed, the agency may submit to Congress recommendations for legislation to amend applicable provisions of law if the agency is prohibited from modifying or repealing the rule under another provision of law. (7) Judicial review (A) In general Judicial review of agency compliance with this subsection is limited to whether an agency— (i) published the framework for assessment of a major rule or a high-impact rule in accordance with paragraph (1); or (ii) completed and published the required assessment of a major rule or a high-impact rule in accordance with subparagraphs (A) and (D) of paragraph (2). (B) Remedy available In granting relief in an action brought under subparagraph (A), a court may only issue an order remanding the major rule or the high-impact rule, as applicable, to the agency to comply with paragraph (1) or subparagraph (A) or (D) of paragraph (2), as applicable. (C) Effective date of major or high-impact rule If, in an action brought under subparagraph (A)(i), a court determines that the agency did not comply, the major rule or the high-impact rule, as applicable, shall take effect notwithstanding any order issued by the court. (m) Rule of construction Nothing in this section shall be construed to limit the scope of the authority of the Office of Information and Regulatory Affairs under subchapter I of chapter 35 of title 44, section 515 of the Treasury and General Government Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–154), chapter 8 of this title, or any other law or Executive Order. . 4. Scope of review Section 706 of title 5, United States Code, is amended— (1) in the first sentence of the matter preceding paragraph (1), by striking To the extent necessary and inserting the following: (a) In general To the extent necessary ; and (2) in subsection (a), as so designated— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , or, when appropriate, remand a matter to an agency without setting aside, after set aside ; and (ii) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by striking the flush text following paragraph (2)(F) and inserting the following: (3) with respect to the review of a high-impact rule, as defined in section 551 of this title, determine whether the factual findings of the agency issuing the rule are supported by substantial evidence. (b) Review of entire record; prejudicial error In making a determination under subsection (a), the court shall review the whole record or those parts of the record cited by a party, and due account shall be taken of the rule of prejudicial error. (c) Preclusion of review (1) In general Any action or inaction of the Administrator under subchapter II of chapter 5, except sections 552 and 552a, shall not be subject to judicial review. (2) Rule of construction The preclusion of judicial review under this subsection shall not be construed or used to construe any other provision of law to provide any cause of action against the Administrator, except as explicitly provided by law. (d) Review of certain guidance Agency guidance that does not interpret a statute or rule may be reviewed only under subsection (a)(2)(D). (e) Agency interpretation of rules The weight that a reviewing court gives an interpretation by an agency of a rule of that agency shall depend on the thoroughness evident in the consideration of the rule by the agency, the validity of the reasoning of the agency, and the consistency of the interpretation with earlier and later pronouncements. . 5. Added definitions Section 701(b) of title 5, United States Code, is amended— (1) in paragraph (1)(H), by striking and at the end; (2) in paragraph (2)— (A) by inserting guidance , after relief , ; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of the record considered as a whole. . 6. Application The amendments made by this Act to sections 553, 701(b), and 706 of title 5, United States Code, shall not apply to any rulemaking, as defined in section 551 of title 5, United States Code, as amended by section 2 of this Act, that is pending or completed as of the date of enactment of this Act. 7. Rule of construction with respect to copyrights Nothing in this Act, or in the amendments made by this Act, may be construed as altering, modifying, or abridging an exclusive right granted under title 17, United States Code. 8. Technical and conforming amendments (a) Alaska national interest lands conservation act Section 1002(g)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3142(g)(2) ) is amended, in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (b) Antarctic marine living resources convention act of 1984 Section 308(c) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2437(c) ) is amended, in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (c) Congressional accountability act of 1995 Section 409 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1409 ) is amended, in the first sentence— (1) by striking section 706(2) and inserting section 706(a)(2) ; and (2) by striking section 706(2)(B) and inserting section 706(a)(2)(B) . (d) Consumer product safety act Section 9(i) of the Consumer Product Safety Act ( 15 U.S.C. 2058(i) ) is amended, in the first sentence, by striking section 553(e) and inserting section 553(i) . (e) Deep seabed hard mineral resources act Section 302(b) of the Deep Seabed Hard Mineral Resources Act ( 30 U.S.C. 1462(b) ) is amended, in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (f) Defense production act of 1950 Section 709(b)(1) of the Defense Production Act of 1950 ( 50 U.S.C. 4559(b)(1) ) is amended by striking for not less than 30 days, consistent with the requirements of section 553(b) and inserting in a manner consistent with the requirements of section 553(c) . (g) Endangered species act of 1973 Section 4(b)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3) ) is amended— (1) in subparagraph (A), in the first sentence, by striking section 553(e) and inserting section 553(i) ; and (2) in subparagraph (D)(i), in the first sentence, by striking section 553(e) and inserting section 553(i) . (h) Expedited funds availability act Section 609(a) of the Expedited Funds Availability Act ( 12 U.S.C. 4008(a) ) is amended, in the matter preceding paragraph (1), by striking section 553(c) and inserting section 553 . (i) Fastener quality act Section 6(b)(3) of the Fastener Quality Act ( 15 U.S.C. 5408(b)(3) ) is amended, in the second sentence, by striking section 706(2) and inserting section 706(a)(2) . (j) Federal food, drug, and cosmetic act Section 912(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387l(b) ) is amended, in the second sentence, by striking section 706(2)(A) and inserting section 706(a)(2)(A) . (k) Federal hazardous substances act Section 3 of the Federal Hazardous Substances Act ( 15 U.S.C. 1262 ) is amended— (1) in subsection (e)(1), in the first sentence, by striking (other than clause (B) of the last sentence of subsection (b) of such section) of title 5 of the United States Code and inserting of title 5, United States Code, other than subsection (g)(3) of such section, ; and (2) in subsection (j), in the first sentence, by striking section 553(e) and inserting section 553(i) . (l) Federal trade commission act Section 18(e) of the Federal Trade Commission Act ( 15 U.S.C. 57a(e) ) is amended— (1) in paragraph (3), in the second sentence of the matter preceding subparagraph (A), by striking section 706(2) and inserting section 706(a)(2) ; and (2) in paragraph (5)(C), in the second sentence, by striking Section 706(2)(E) and inserting Section 706(a)(2)(E) . (m) Flammable fabrics act The Flammable Fabrics Act ( 15 U.S.C. 1191 et seq. ) is amended— (1) in section 4(k) ( 15 U.S.C. 1193(k) ), in the first sentence, by striking section 553(e) and inserting section 553(i) ; and (2) in section 16(c)(2) ( 15 U.S.C. 1203(c)(2) ), by striking section 553(b) and inserting section 553(c) . (n) General education provisions act Section 411 of the General Education Provisions Act ( 20 U.S.C. 1221e–4 ) is amended, in the second sentence, by striking Notwithstanding the exception provided under section 553(b) of title 5, such and inserting Such . (o) High seas fishing compliance act of 1995 Section 108(d) of the High Seas Fishing Compliance Act of 1995 ( 16 U.S.C. 5507(d) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . (p) Housing and community development act of 1992 The Housing and Community Development Act of 1992 ( 12 U.S.C. 4501 et seq. ) is amended— (1) in section 643(b)(3) ( 42 U.S.C. 13603(b)(3) ), in the first sentence, by striking (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section) and inserting (notwithstanding subsections (a)(2), (g)(3), and (h)(2) of such section) ; and (2) in section 685 ( 42 U.S.C. 13643 ), in the second sentence, by striking (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section) and inserting (notwithstanding subsections (a)(2), (g)(3), and (h)(2) of such section) . (q) International banking act of 1978 Section 7(f)(2) of the International Banking Act of 1978 ( 12 U.S.C. 3105(f)(2) ) is amended by striking paragraph (2)(F) and inserting subsection (a)(2)(F) . (r) Magnuson-Stevens fishery conservation and management act Section 308(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858(b) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . (s) Marine mammal protection act of 1972 Section 109 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1379 ) is amended— (1) in subsection (c)(4), in the first sentence, by striking section 706(2) (A) through (E) of Title and inserting subparagraphs (A) through (E) of section 706(a)(2) of title ; and (2) in subsection (d)(2), in the second sentence— (A) by striking Title and inserting title ; and (B) by striking subsection (d) of such section 553 and inserting subsection (h) of such section 553 . (t) Mckinney-Vento homeless assistance act Section 433 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11387 ) is amended, in the second sentence, by striking (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section) and inserting (notwithstanding subsections (a)(2), (g)(3), and (h)(2) of such section) . (u) Migrant and seasonal agricultural worker protection act The Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ) is amended— (1) in section 103(c) ( 29 U.S.C. 1813(c) ), in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) ; and (2) in section 503(c) ( 29 U.S.C. 1853(c) ), in the third sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (v) Milwaukee railroad restructuring act The Milwaukee Railroad Restructuring Act ( 45 U.S.C. 901 et seq. ) is amended— (1) in section 5(b)(2) ( 45 U.S.C. 904(b)(2) ), in the second sentence, by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code and inserting subparagraphs (A), (B), (C), and (D) of section 706(a)(2) of title 5, United States Code ; and (2) in section 17(b)(2) ( 45 U.S.C. 915(b)(2) ), in the second sentence, by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 of the United States Code and inserting subparagraphs (A), (B), (C), and (D) of section 706(a)(2) of title 5, United States Code . (w) Native american programs act of 1974 Section 814 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992b–1 ) is amended— (1) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking Subparagraph (A) of the last sentence of section 553(b) of title 5, United States Code, shall not apply with respect to any interpretative rule or general statement of policy and inserting Section 553(c) of title 5, United States Code, shall apply with respect to guidance ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Subparagraph (B) of the last sentence of section 553(b) and inserting Section 553(g)(3) ; and (ii) by striking an interpretative rule or a general statement of policy and inserting guidance ; and (C) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking The first 2 sentences of section 553(b) and inserting Section 553(c) ; and (ii) by striking an interpretative rule, a general statement of policy, and inserting guidance ; (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking section 553(d) and inserting section 553(h) ; and (ii) by striking an interpretative rule) or general statement of policy and inserting guidance) ; and (B) in the flush text following paragraph (2), by striking the first 2 sentences of section 553(b) and inserting section 553(c) ; (3) in subsection (d), by striking an interpretative rule) and each general statement of policy and inserting guidance) ; (4) in subsection (e)— (A) by striking any interpretative rule) or a general statement of policy and inserting guidance) ; and (B) by striking or such general statement of policy ; (5) in subsection (f)— (A) by striking an interpretative rule) or a general statement of policy and inserting guidance) ; and (B) by striking or such general statement of policy ; and (6) by adding at the end the following: (g) In this section, the term guidance has the meaning given the term in section 551 of title 5, United States Code. . (x) Natural gas policy act of 1978 Section 502(b) of the Natural Gas Policy Act of 1978 ( 15 U.S.C. 3412(b) ) is amended, in the third sentence, by striking section 553(d)(3) and inserting section 553(h)(2) . (y) Noise control act of 1972 Section 6(c)(2) of the Noise Control Act of 1972 ( 42 U.S.C. 4905(c)(2) ) is amended by striking the first sentence of section 553(c) and inserting section 553(c)(4) . (z) Northeast rail service act of 1981 Section 1152(c) of the Northeast Rail Service Act of 1981 ( 45 U.S.C. 1105(c) ) is amended by striking paragraphs (2) (A), (B), (C), and (D) of section 706, title 5 and inserting subparagraphs (A) through (D) of section 706(a)(2) of title 5 . (aa) Northern pacific halibut act of 1982 Section 8(b) of the Northern Pacific Halibut Act of 1982 ( 16 U.S.C. 773f(b) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . (bb) Poison prevention packaging act of 1970 The Poison Prevention Packaging Act of 1970 ( 15 U.S.C. 1471 et seq. ) is amended— (1) in section 5 ( 15 U.S.C. 1474 )— (A) in subsection (a), in the first sentence, by striking (other than paragraph (3)(B) of the last sentence of subsection (b) of such section) of title 5 of the United States Code and inserting of title 5, United States Code, other than subsection (g)(3) of such section, ; and (B) in subsection (b)— (i) by striking of the United States Code each place that term appears and inserting , United States Code ; and (ii) in paragraph (3), in the first sentence, by striking paragraph (2) of section 706 and inserting section 706(a)(2) ; and (2) in section 7(c)(2) ( 15 U.S.C. 1476(c)(2) ), by striking section 553(b) and inserting section 553(c) . (cc) Poultry products inspection act Section 14(c) of the Poultry Products Inspection Act ( 21 U.S.C. 463(c) ) is amended by striking section 553(c) of title 5, United States Code and inserting section 553(c)(4) of title 5, United States Code, . (dd) Public health service act Section 2723(b)(2)(E)(iii) of the Public Health Service Act ( 42 U.S.C. 300gg–22(b)(2)(E)(iii) ) is amended by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (ee) Regional rail reorganization act of 1973 Section 216(c)(3) of the Regional Rail Reorganization Act of 1973 ( 45 U.S.C. 726(c)(3) ) is amended, in the fourth sentence, by striking section 706(2) and inserting section 706(a)(2) . (ff) Social security act The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended— (1) in section 221(j) ( 42 U.S.C. 421(j) ), in the flush text following paragraph (3), by striking in accordance with section 553(b)(A) of title 5, United States Code and all that follows through and statements and inserting in accordance with section 553(g)(2) of title 5, United States Code, of guidance or rules of agency organization, procedure, or practice relating to consultative examinations if such guidance and rules ; and (2) in section 1871(b)(2) ( 42 U.S.C. 1395hh(b)(2) ), by striking subparagraph (C) and inserting the following: (C) subsection (c) of section 553 of title 5, United States Code, does not apply pursuant to subsection (g)(3) of such section. . (gg) South pacific tuna act of 1988 Section 8(b) of the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973f(b) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . (hh) Tariff act of 1930 Section 777(f)(5) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(f)(5) ) is amended, in the third sentence, by striking section 706(2) and inserting section 706(a)(2) . (ii) Title 5, united states code Title 5, United States Code, is amended— (1) in section 556(d), in the sixth sentence, by striking rule making and inserting rulemaking ; (2) in section 557(b), in the fourth sentence of the matter preceding paragraph (1), by striking rule making and inserting rulemaking ; (3) in section 562(11), by striking means rule making as that term is defined in section 551(5) and inserting has the meaning given the term in section 551 ; (4) in section 601(2), by striking section 553(b) and inserting section 553(c) ; (5) in section 1103(b)(1), by striking section 553(b)(1), (2), and (3) and inserting section 553(c) ; and (6) in section 1105, by striking subsections (b), (c), and (d) and inserting subsections (b) through (h) and (j) . (jj) Title 11, united states code Section 1172(b) of title 11, United States Code, is amended, in the second sentence, by striking sections 706(2)(A), 706(2)(B), 706(2)(C), and 706(2)(D) of title 5 and inserting subparagraphs (A), (B), (C), and (D) of section 706(a)(2) of title 5 . (kk) Title 14, united states code Section 2507(b)(2)(A) of title 14, United States Code, is amended by striking section 706(1) and inserting section 706(a)(1) . (ll) Title 28, united states code Section 3902 of title 28, United States Code, is amended, in the first sentence, by striking section 706(2) and inserting section 706(a)(2) . (mm) Title 41, united states code Section 8503(a)(2) of title 41, United States Code, is amended by striking section 553(b) to (e) and inserting section 553 . (nn) Title 46, united states code Title 46, United States Code, is amended— (1) in section 14104(b), in the second sentence, by striking shall be considered to be an interpretive regulation for purposes of section 553 of title 5 and inserting shall be subject to section 553 of title 5 ; and (2) in section 70105(c)(3)(B), in the second sentence, by striking section 706(2)(E) and inserting section 706(a)(2)(E) . (oo) Toxic substances control act Section 19(c)(1)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2618(c)(1)(B) ) is amended— (1) in clause (i)— (A) in subclause (I), by striking paragraph (2)(E) and inserting subsection (a)(2)(E) ; and (B) in subclause (II), by striking paragraph (2)(E) and inserting subsection (a)(2)(E) ; and (2) in clause (ii), by striking section 553(c) and inserting section 553(f)(2) . (pp) Unfunded mandates reform act of 1995 Section 401(a)(2)(A) of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1571(a)(2)(A) ) is amended by striking section 706(1) and inserting section 706(a)(1) . (qq) United states warehouse act Section 13(d)(2) of the United States Warehouse Act ( 7 U.S.C. 252(d)(2) ) is amended by striking section 706(2) and inserting section 706(a)(2) . | https://www.govinfo.gov/content/pkg/BILLS-117s2278is/xml/BILLS-117s2278is.xml |
117-s-2279 | II 117th CONGRESS 1st Session S. 2279 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Portman (for himself, Mr. Lankford , Mr. Johnson , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, and for other purposes.
1. Short title This Act may be cited as the Independent Agency Regulatory Analysis Act . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs; (2) the term agency has the meaning given the term in section 3502(1) of title 44, United States Code; (3) the term economically significant rule means any rule that the Administrator determines is likely to— (A) have an annual effect on the economy of $100,000,000 or more; or (B) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (4) the term independent regulatory agency has the meaning given the term in section 3502(5) of title 44, United States Code; and (5) the term rule — (A) means a rule, as defined in section 551 of title 5, United States Code; and (B) does not include a rule of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee relating to monetary policy. 3. Regulatory analysis by independent agencies (a) In general The President may by Executive order require an independent regulatory agency to comply, to the extent permitted by law, with regulatory analysis requirements applicable to other agencies, including the requirements to— (1) identify the problem that the agency intends to address by a new rule (including, where applicable, the failures of private markets or public institutions that warrant new agency action) and assess the significance of that problem; (2) examine whether any existing rule (or other law) has created, or contributed to, the problem that a new rule is intended to correct and whether the existing rule (or other law) should be modified to achieve the intended goal of the new rule more effectively; (3) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, or providing information upon which choices can be made by the public; (4) consider to the extent reasonable in setting regulatory priorities, the degree and nature of the risks posed by various substances or activities within its jurisdiction; (5) design its rules in the most cost-effective manner to achieve the regulatory objective and, in doing so, consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the Federal Government, regulated entities, and the public), flexibility, distributive impacts, and equity; (6) assess the costs and the benefits of the intended rule and, recognizing some costs and benefits are difficult to quantify, propose or adopt a rule only upon a reasoned determination that the benefits of the rule justify its costs; (7) base its rulemaking decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended rule; (8) identify and assess alternative forms of regulation and, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; (9) seek the views of appropriate State, local, and Tribal officials before imposing regulatory requirements that might significantly or uniquely affect State, local, or Tribal governmental entities, whenever feasible; (10) avoid rules that are inconsistent or incompatible with, or duplicative of, other rules of the independent regulatory agency or other agencies; (11) tailor rules to impose the least burden on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with achieving the regulatory objectives, and taking into account, among other factors, and to the extent practicable, the cost of cumulative rules; (12) draft each rule to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from uncertainty; and (13) periodically review its existing economically significant rules to determine whether any such rules should be modified, streamlined, expanded, or repealed so as to make the regulatory program of the agency more effective or less burdensome in achieving the regulatory objectives. (b) Economically significant rules For any proposed or final rule identified by an independent regulatory agency as, or determined by the Administrator to be, an economically significant rule, the President may by Executive order require the independent regulatory agency to provide to the Administrator and publish with the proposed and final rule the following information, to the extent permitted by law: (1) An assessment, including the underlying analysis, of benefits anticipated from the rule together with, to the extent feasible, a quantification of those benefits. (2) An assessment, including the underlying analysis, of costs anticipated from the rule together with, to the extent feasible, a quantification of those costs. (3) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the rule, identified by the agencies or the public, including improving existing regulations and reasonably viable nonregulatory actions, and an explanation of why the planned regulatory action is preferable to the identified potential alternatives. (c) Review by office of information and regulatory affairs (1) Requirement to seek review The President may, by Executive order, require an independent regulatory agency to submit to the Administrator for review— (A) any proposed economically significant rule, either prior to publication of the notice of proposed rulemaking or, if the head of the independent regulatory agency elects, during the general public comment period; and (B) any final economically significant rule, prior to publication of the final rule. (2) Nonbinding assessment An Executive order issued under this Act may require that, not later than 90 days after the independent regulatory agency submits a proposed or final economically significant rule for review, the Administrator submit for inclusion in the rulemaking record the assessment of the Administrator of the extent to which the independent regulatory agency has complied with any of the regulatory analysis requirements made applicable by Executive order. (3) Determination and explanation by independent agency An Executive order issued under this Act may require that, if the Administrator concludes under paragraph (2) that the independent regulatory agency did not comply with 1 or more requirements of the Executive order with respect to a proposed or final economically significant rule, the head of the independent regulatory agency that issued the economically significant rule shall include with the final rule— (A) a determination that the rule complies with the specified requirement or requirements and an explanation of that determination; and (B) if applicable, an explanation why the independent regulatory agency did not comply with one or more of the specified requirements, based on the statutory provision authorizing the rule. 4. Limitation on judicial review (a) In general The compliance or noncompliance of an independent regulatory agency with the requirements of an Executive order issued under this Act shall not be subject to judicial review. (b) Agency record When an action for judicial review of a rule promulgated by an independent regulatory agency is instituted, any determination, analysis, or explanation produced by the independent regulatory agency, and any assessment produced by the Administrator, pursuant to an Executive order issued under this Act, shall constitute part of the whole record of agency action in connection with the review. (c) Rule of construction Nothing in this section shall be construed to bar judicial review of any other impact statement or similar analysis required by any other provision of law if judicial review of the statement or analysis is otherwise permitted by law. 5. Rule of construction Nothing in this Act shall be construed to limit the authority of the President with respect to independent regulatory agencies under any other applicable law. | https://www.govinfo.gov/content/pkg/BILLS-117s2279is/xml/BILLS-117s2279is.xml |
117-s-2280 | II 117th CONGRESS 1st Session S. 2280 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Young (for himself, Ms. Duckworth , Mr. Portman , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide PreCheck to certain severely injured or disabled veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans Expedited TSA Screening Safe Travel Act or the VETS Safe Travel Act . 2. Availability of PreCheck Program to certain severely injured or disabled veterans (a) In general Section 44927 of title 49, United States Code, is amended by adding at the end the following: (g) Availability of PreCheck Program to certain severely injured or disabled veterans (1) In general A veteran described in paragraph (2) is eligible for security screening under the PreCheck Program under section 44919 at no cost to the veteran if the veteran is able to meet the background check and other security requirements for participation in the program. (2) Veterans described A veteran described in this paragraph is a veteran who— (A) is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code; (B) has— (i) lost, or lost use of, a limb; (ii) become paralyzed or partially paralyzed; or (iii) incurred permanent blindness; and (C) as a result of a loss, paralyzation or partial paralyzation, or blindness described in subparagraph (B), requires the use of a wheelchair, prosthetic limb, or other assistive device to aid with mobility. . (b) Coordination on implementation The Administrator of the Transportation Security Administration and the Secretary of Veterans Affairs shall jointly— (1) develop and implement a process under which a veteran described in paragraph (2) of subsection (g) of section 44927 of title 49, United States Code, as added by subsection (a), can receive the benefits under such subsection by not later than one year after the date of the enactment of this Act; and (2) provide to Congress a briefing on the status of implementing the process required by paragraph (1) by not later than one year after the date of the enactment of this Act. 3. Outreach for disabled veterans on availability of Transportation Security Administration programs (a) Coordination The Secretary of Veterans Affairs and the Administrator of the Transportation Security Administration shall develop and implement a process under which the Secretary provides to disabled veterans effective outreach about Transportation Security Administration programs designed to improve the screening process for passengers with disabilities. (b) Further enhancements to ease air travel for wounded warriors and other disabled veterans Notwithstanding subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), or any other provision of law, the Secretary of Veterans Affairs, in coordination with the Administrator of the Transportation Security Administration, shall— (1) engage appropriate veterans service organizations and other relevant organizations, as appropriate, to assess the awareness of veterans of relevant Transportation Security Administration programs; and (2) examine the need and feasibility of other measures to improve travel security procedures for disabled veterans. (c) Briefing requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Administrator of Transportation Security Administration shall jointly provide to Congress a briefing on the status of the implementation of subsections (a) and (b). | https://www.govinfo.gov/content/pkg/BILLS-117s2280is/xml/BILLS-117s2280is.xml |
117-s-2281 | II 117th CONGRESS 1st Session S. 2281 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require all Federal contractors and grantees to enroll in, and maintain compliance with, the E-Verify Program.
1. Short titles This Act may be cited as the Secure and Fair Employment in federal Contracting Act or the SAFE Contracting Act . 2. Definitions (a) In general Subchapter I of chapter 1 of subtitle I of title 41, United States Code, is amended— (1) by inserting after section 105 the following: 105A. E-Verify Program The term E-Verify Program means the program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). ; and (2) in section 113— (A) in paragraph (6), by striking and at the end; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (8) is enrolled in, and maintains compliance with all statutes, regulations, and policies regarding, the E-Verify Program. . (b) Clerical amendment The chapter analysis for chapter 1 of subtitle I of title 41, United States Code, is amended by inserting after the item relating to section 105 the following: 105A. E-Verify Program. . 3. Contractors and subcontractors Section 1121(c) of title 41, United States Code, is amended by adding at the end the following: (4) E-verify enrollment and compliance (A) Contractors Executive agencies shall certify a contractor’s enrollment in, and compliance with all statutes, regulations, and policies regarding, the E-Verify Program. (B) Subcontractors Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall issue a regulation establishing procedures for ensuring that all subcontractors on a Federal contract enroll in, and maintain compliance with all statutes, regulations, and policies regarding, the E-Verify Program before receiving an award as a subcontractor on a Federal contract. . 4. E-Verify compliance requirement Section 1125 of title 41, United States Code, is amended by adding at the end the following: (c) E-Verify compliance (1) In general An entity may not receive a Federal grant or Federal assistance unless the entity certifies to the Administrator that the entity has enrolled in, and maintained compliance with all statutes, regulations, and policies regarding, the E-Verify Program. (2) Subcontractors Any entity that contracts with a recipient of a Federal grant or Federal assistance, and any entity that serves as a subcontractor to any such entity shall be enrolled in, and maintain compliance with all statutes, regulations, and policies regarding, the E-Verify Program. (3) Noncompliance Any entity described in paragraph (1) or (2) that does not enroll in, or maintain compliance with, the E-Verify Program shall be barred from receiving any Federal grant or Federal assistance, or otherwise qualifying for a Federal contract or serving as a subcontractor on a Federal contract until such entity restores and maintains compliance with all statutes, regulations, and policy guidance regarding the E-Verify Program. . 5. Consideration of contractor past performance Section 1126 of title 41, United States Code, is amended— (1) in subsection (a)(3)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) all offerors certify enrollment in, and compliance with all statutes, regulations, and policies regarding, the E-Verify Program before being considered as an offeror. ; and (2) by adding at the end the following: (c) E-Verify enrollment (1) In general All past contract performance of an offeror may not be evaluated unless, at the commencement of the evaluation, the offeror includes certification of enrollment in, and compliance with all statutes, regulations, and policies regarding, the E-Verify Program. (2) No past contract performance If there is no past contract performance available, the offeror shall be evaluated unfavorably unless the offeror provides certification of enrollment in, and compliance with all statutes, regulations, and policies regarding, the E-Verify Program. (3) Safe harbor No offeror shall be penalized for nonenrollment or noncompliance in the E-Verify Program that occurred before the date of the enactment of this subsection. . 6. Annual report Section 1131 of title 41, United States Code, is amended by adding at the end the following: The Administrator shall include in such assessment information regarding the compliance or noncompliance of executive agencies in awarding contracts, grants, and assistance to entities that are enrolled in, and maintain compliance with all statutes, regulations, and policies regarding, the E-Verify Program. . 7. Implementation (a) In general Except as provided in subsection (b), not later than 180 days after the date of the enactment of this Act, the Administrator of the Office of Federal Procurement Policy shall develop and implement all regulations, policies, and procedures necessary to implement the amendments made by this Act. (b) Limitations on regulations, policies, and procedures Regulations, policies, and procedures issued pursuant to subsection (a) may not reduce or limit, or authorize waivers for, any of the requirements under the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2281is/xml/BILLS-117s2281is.xml |
117-s-2282 | II 117th CONGRESS 1st Session S. 2282 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Reed (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish in the Executive Office of the President a Council on Military, National, and Public Service to promote and expand opportunities for military service, national service, and public service for all people of the United States, and for other purposes.
1. Short title This Act may be cited as the Unity through Service Act of 2021 . 2. Council on Military, National, and Public Service (a) Establishment (1) In general There is established in the Executive Office of the President a Council on Military, National, and Public Service (in this section referred to as the Council ). (2) Functions The Council shall— (A) advise the President with respect to promoting and expanding opportunities for military service, national service, and public service for all people of the United States; (B) coordinate policies and initiatives of the executive branch to promote and expand opportunities for military service, national service, and public service; and (C) coordinate policies and initiatives of the executive branch to foster an increased sense of service and civic responsibility among all people of the United States. (b) Composition (1) Director The President shall appoint, by and with the advice and consent of the Senate, an individual to serve as the Assistant to the President for Military, National, and Public Service and the Director of the Council, who shall serve at the pleasure of the President. The Assistant to the President for Military, National, and Public Service shall serve as the head of the Council. (2) Membership In addition to the Director, the Council shall be composed of— (A) the Secretary of State; (B) the Secretary of Defense; (C) the Attorney General; (D) the Secretary of the Interior; (E) the Secretary of Commerce; (F) the Secretary of Labor; (G) the Secretary of Health and Human Services; (H) the Secretary of Education; (I) the Secretary of Veterans Affairs; (J) the Secretary of Homeland Security; (K) the Director of the Office of Management and Budget; (L) the Director of National Intelligence; (M) the Director of the Office of Personnel Management; (N) the Director of the Peace Corps; (O) the Chief Executive Officer of the Corporation for National and Community Service; and (P) such other officers as the President may designate. (3) Meetings The Council shall meet on a quarterly basis, or more frequently as the Director of the Council may direct. (c) Responsibilities of the council The Council shall— (1) assist and advise the President and the heads of Executive agencies in the establishment of policies, goals, objectives, and priorities to promote service and civic responsibility among all people of the United States; (2) develop and recommend to the President and the heads of Executive agencies policies of common interest to Executive agencies for increasing the participation, and propensity of people of the United States to participate, in military service, national service, and public service in order to address national security and other current and future needs of the United States including policies for— (A) reevaluating benefits for the Federal public service and national service programs in order to increase awareness of and remove barriers to entry into such programs; (B) ensuring that the participation in and leadership of the military, the Federal public service, and national service programs reflects the diversity of the United States including by race, gender, ethnicity, and disability status; and (C) developing pathways to service for high school graduates, college students, and recent college graduates; (3) serve as the interagency lead for identifying critical skills to address national security and other needs of the United States, with responsibility for coordinating governmentwide efforts to address gaps in critical skills and identifying methods to recruit and retain individuals possessing such critical skills; (4) serve as a forum for Federal officials responsible for military service, national service, and public service programs to coordinate and develop interagency, cross-service initiatives; (5) lead the effort of the Federal Government to develop joint awareness and recruitment, retention, and marketing initiatives involving military service, national service, and public service, including the sharing of marketing and recruiting research between and among service agencies; (6) consider approaches for assessing impacts of service on the needs of the United States and individuals participating in and benefitting from such service; (7) consult, as the Council considers advisable, with representatives of non-Federal entities, including State, local, and Tribal governments, State and local educational agencies, State Commissions, institutions of higher education, nonprofit organizations, philanthropic organizations, and the private sector, in order to promote and develop initiatives to foster and reward military service, national service, and public service; (8) oversee the response to and implementation of, as appropriate, the recommendations of the National Commission on Military, National, and Public Service established under section 553 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2132); (9) not later than 2 years after the date of enactment of this Act, and quadrennially thereafter, prepare and submit to the President and Congress a Quadrennial Military, National, and Public Service Strategy, which shall set forth— (A) a review of programs and initiatives of the Federal Government relating to the mandate of the Council; (B) notable initiatives by State, local, and Tribal governments and by nongovernmental entities to increase awareness of and participation in service programs; (C) current and foreseeable trends for service to address the needs of the United States; and (D) a program for addressing any deficiencies identified by the Council, together with recommendations for legislation; (10) not later than 4 years after the date of enactment of this Act, and quadrennially thereafter, prepare and submit to the President and Congress a Quadrennial Report on Cross-Service Participation on the basis of the activities carried out under the strategy submitted under paragraph (9); (11) prepare, for inclusion in the annual budget submission by the President to Congress under section 1105 of title 31, United States Code, a detailed, separate analysis by budget function, by agency, and by initiative area for the preceding fiscal year, the current fiscal year, and the fiscal years for which the budget is submitted, identifying the amounts of gross and net appropriations or obligational authority and outlays for initiatives, consistent with the priorities of the President, under the Quadrennial Military, National, and Public Service Strategy, with separate displays for mandatory and discretionary amounts; (12) develop a joint national service messaging strategy that incorporates domestic and international service that both the Corporation for National and Community Service and the Peace Corps would promote; and (13) perform such other functions as the President may direct. (d) Responsibilities of the director of the council In addition to duties relating to the responsibilities of the Council described in subsection (c), the Director of the Council shall— (1) coordinate with the Assistant to the President for National Security Affairs for any matter that may affect national security; (2) at the discretion of the President, serve as spokesperson of the executive branch on issues related to military service, national service, and public service; (3) upon request by a committee or subcommittee of the Senate or of the House of Representatives, appear before any such committee or subcommittee to represent the position of the executive branch on matters within the scope of the responsibilities of the Council; and (4) perform such other functions as the President may direct. (e) Organizational matters (1) Assistant to the president for military, national, and public service The Assistant to the President for Military, National, and Public Service shall be compensated at the rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (2) Staff The Council may employ officers and employees as necessary to carry out of the functions of the Council. Such officers and employees of the Council shall be compensated at a rate not more than the rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (3) Experts and consultants The Council may, as necessary to carry out of the functions of the Council, procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code, at rates for individuals that 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 that title. (4) Advisory committees The Council may, in carrying out the functions of the Council, direct a member of the Council to establish advisory committees composed of representatives from outside the Federal Government. (5) Authority to accept gifts The Council may accept, use, and dispose of gifts or donations of services, goods, and property, except for cash, from non-Federal entities for the purposes of aiding and facilitating the work of the Council. (6) Authority to accept voluntary services Notwithstanding section 1342 of title 31, United States Code, the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (g) Conforming amendment Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) a separate statement of the amount of appropriations requested for the Council on Military, National, and Public Service in the Executive Office of the President. (41) a detailed, separate analysis by budget function, by agency, and by initiative area for the preceding fiscal year, the current fiscal year, and the fiscal years for which the budget is submitted, identifying the amounts of gross and net appropriations or obligational authority and outlays for initiatives, consistent with the priorities of the President, under the Quadrennial Military, National, and Public Service Strategy required by section 2(c)(9) of the Unity through Service Act of 2021 , with separate displays for mandatory and discretionary amounts. . 3. Internet-based service platform (a) Declaration of policy It is the policy of the United States, in promoting a culture of service in the United States and meeting the recruiting needs for military service, national service, and public service programs, to provide a comprehensive, interactive, and integrated internet-based platform to enable the people of the United States to learn about and connect with service organizations and opportunities and assist in the recruiting needs of service organizations. (b) Definitions In this section: (1) Director The term Director means the Director of the Council on Military, National, and Public Service. (2) Member The term member means an individual who is a member of the Service Platform under this section. (3) Service mission The term service mission means the objectives of a service organization or a service opportunity. (4) Service opportunity The term service opportunity means any paid, volunteer, or other position with a service organization. (5) Service organization The term service organization means any military service, national service, or public service organization that participates in the Service Platform. (6) Service platform The term Service Platform means the comprehensive, interactive, and integrated internet-based platform established under this section. (7) Service type The term service type means the period and form of service with a service organization, including part-time, full-time, term limited, sabbatical, temporary, episodic, or emergency options for paid, volunteer, or stipend-based service. (8) State The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (9) Uniformed services The term uniformed services has the meaning given such term in subsection (a)(5) of section 101 of title 10, United States Code. (c) Establishment of the service platform The Director, in coordination with the Director of the Office of Management and Budget, shall establish, maintain, and promote the Service Platform to serve as a centralized resource and database for the people of the United States to learn about and connect with organizations and opportunities related to military service, national service, or public service and for such organizations to identify people of the United States with the skills necessary to address the needs of such organizations. (d) Operation of service platform (1) Public accessibility The Director, in coordination with the Director of the Office of Management and Budget, shall determine, and make accessible to the public, information about service organizations and service opportunities, without any requirement that an individual seeking such access become a member. (2) Members (A) In general Any individual meeting criteria established by the Director by regulation may register as a member under subparagraph (B). (B) Registration (i) In general An individual that registers under this subparagraph as a member shall be entitled to access information about service organizations and service opportunities available through the Service Platform. (ii) Information and consent from individual An individual meeting the criteria established under subparagraph (A) and seeking to become a member— (I) shall provide to the Director such information as the Director may determine necessary to facilitate the functionality of the Service Platform; (II) shall, unless specifically electing not to, consent to share any information entered into the Service Platform with, and to be contacted by, any public service or national service organization that participates in the Service Platform; (III) may consent to share any information entered into the Service Platform with, and to be contacted by, any uniformed service that participates in the Service Platform; (IV) may consent to be contacted for potential service with any national service or public service organization in the event of a national emergency; and (V) may consent to be contacted to join the uniformed services on a voluntary basis during an emergency requiring national mobilization. (iii) Verification Upon receipt of the information and, as relevant, consent from an individual under clause (ii), the Director shall— (I) verify that the individual has not previously registered as a member; and (II) if such individual has not previously registered as a member, register such individual as a member and by written notice (including by electronic communication), notify such member of such registration. (3) Use of service platform (A) Additional information The Service Platform shall enable a member to provide additional information to improve the functionality of the Service Platform, as determined relevant by the Director, including information regarding the member's— (i) educational background; (ii) employment background; (iii) professional skills, training, licenses, and certifications; (iv) service organization preferences; (v) service type preferences; (vi) service mission preferences; and (vii) geographic preferences. (B) Updates A member may, at any time, update the personal and other information of the member available on the Service Platform. (C) Renewal of consent regarding military service The Director shall send to a member who consents to serve under paragraph (2)(B)(ii)(V) an annual request to confirm the continued consent to serve by the member. (4) Withdrawal of members A member may withdraw as a member by submitting to the Director a request to withdraw. Not later than 30 days after the date of such request to withdraw, all records regarding such member shall be removed from the Service Platform and any other data storage locations the Director may use relating to the Service Platform, notwithstanding any obligations under chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950 ). (e) Service organizations (1) Executive agencies and military departments All Executive agencies and military departments shall participate in the Service Platform as service organizations. (2) Non-federal service organizations State, local, and Tribal government agencies, and nongovernmental organizations that undertake national service programs, may participate in the Service Platform, subject to subsection (h). (3) Information on service organizations Each service organization participating in the Service Platform shall make available on the Service Platform— (A) information sufficient for a member to identify and understand the service opportunities and service mission of such service organization; (B) information on the availability of service opportunities by service type; (C) internet links to the hiring and recruiting websites of such service organization; and (D) such additional information as the Director may require. (4) Additional platforms not precluded Nothing in this subsection shall prevent any service organization from establishing or maintaining a separate internet-based system or platform to recruit individuals for employment or for volunteer or other service opportunities. (f) Minimum design requirements The Service Platform shall— (1) provide the public with access to information on service organizations and service opportunities through an internet-based system that is user-friendly, interactive, accessible, and fully functional through mobile applications and other widely used communications media, without a requirement that any person seeking such access register as a member; (2) provide an individual with the ability to register as a member in order to customize their experience in accordance with subsection (d)(3)(A), including providing mechanisms to— (A) connect such member with service organizations and service opportunities that match the interests of the member; and (B) ensure robust search capabilities to facilitate the ability of the member to explore service organizations and service opportunities; (3) include mechanisms to enable a service organization to connect with members who have consented to be contacted and meet the needs of such service organization; (4) incorporate, to the extent permitted by law and regulation, the ability of a member to securely upload information on education, employment, and skills related to the service organizations and service opportunities from internet-based professional, recruiting, and social media systems, consistent with security requirements; (5) ensure compatibility with relevant information systems of Executive agencies and military departments; (6) use state-of-the-art technology and analytical tools to facilitate the efficacy of the Service Platform in connecting members with service opportunities and service organizations; and (7) retain all personal information in a manner that protects the privacy of members in accordance with section 552a of title 5, United States Code, and other applicable law, provide access to information relating to a member only in accordance with the consent of the member or as required by applicable law, and incorporate data security and control policies that are adequate to ensure the confidentiality and security of information provided and maintained on the Service Platform. (g) Development of service platform plan (1) Implementation plan Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Director of the Office of Management and Budget, shall develop a detailed plan to implement the Service Platform that complies with all the requirements of this section. (2) Consultation required In developing the plan under this subsection, the Director shall consult with the Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, the Director of the Office of Personnel Management, the head of the United States Digital Service and, as needed, the heads of other Executive agencies. Such consultation may include seeking assistance in the design, development, and creation of the Service Platform. (3) Technical advice permitted (A) In general In developing the plan under this subsection, the Director may— (i) seek and receive technical advice from experts outside of the Federal Government; and (ii) form a committee of such experts to assist in the design and development of the Service Platform. (B) Volunteer service Notwithstanding section 1342 of title 31, United States Code, the Director may accept the voluntary services of such experts under this paragraph. (C) Federal Advisory Committee Act A committee of the experts formed under this paragraph shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (4) Information collection authorized (A) In general In developing the plan under this subsection, the Director may collect information from the public through focus groups, surveys, and other mechanisms. (B) Paperwork reduction act The requirements under subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ) shall not apply to activities authorized under this paragraph. (h) Regulations Not later than 12 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue regulations to carry out this section including— (1) procedures that enable State, local, and Tribal government agencies to participate in the Service Platform as service organizations; (2) procedures that enable nongovernmental organizations that undertake national service programs to participate in the Service Platform as service organizations; and (3) a timeline to implement the procedures described in subparagraphs (A) and (B). (i) Reports to congress Not later than 12 months after the date of enactment of this Act and annually thereafter, the Director, in coordination with the Director of the Office of Management and Budget, shall provide a report to Congress on the Service Platform. Such report shall include the following: (1) Details on the status of implementation of the Service Platform and plans for further development of the Service Platform. (2) Participation rates of service organizations and members. (3) The number of individuals visiting the Service Platform, the number of service organizations participating in the platform, and the number of service opportunities available in the preceding 12-month period. (4) Information on any cybersecurity or privacy concerns. (5) The results of any surveys or studies undertaken to increase the use and efficacy of the Service Platform. (6) Any additional information the Director or the President considers appropriate. (j) Authorization of appropriations There are authorized to be appropriated to the Director for each fiscal year such funds as may be necessary to carry out this section. (k) Selective service system Section 10 of the Military Selective Service Act ( 50 U.S.C. 3809 ) is amended by adding at the end the following: (i) Service platform The Director of Selective Service shall provide to all registrants, on the website of the Selective Service System and in communications with registrants relating to registration, information about the Service Platform established under section 3 of the Unity through Service Act of 2021 . The Director of Selective Service shall provide to each registrant, at the time of registration, an option to transfer to the Service Platform the information the registrant has provided to the Selective Service System. The Director of Selective Service shall consult with the Director of the Council on Military, National, and Public Service to ensure that information provided by the Selective Service System is compatible with the information requirements of the Service Platform. . 4. Pilot program to coordinate military, national, and public service recruitment (a) Pilot program authorized The Director of the Council on Military, National, and Public Service may carry out a pilot program in coordination with departments and agencies responsible for recruiting individuals for military service, national service, and public service, to focus on recruiting individuals from underserved markets and demographic populations, such as those defined by gender, geography, socioeconomic status, and critical skills, as determined by each participating department or agency, to better reflect the demographics of the United States while ensuring that recruiting needs are met. (b) Consultation In developing a pilot program under this section, the Director of the Council on Military, National, and Public Service shall consult with the Secretary of Defense, the Secretary of Homeland Security, the secretaries of the military departments, the Commandant of the United States Coast Guard, the Chief Executive Officer of the Corporation for National and Community Service, the Director of the Peace Corps, and the Director of the Office of Personnel Management. (c) Duration The pilot program under this section shall terminate not earlier than 2 years after the date of commencement of such pilot program. (d) Status reports Not later than 12 months after the date of commencement of the pilot program authorized under this section, and not later than 12 months thereafter, the Director of the Council on Military, National, and Public Service shall submit to Congress reports evaluating the pilot program carried out under this section. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 5. Joint market research and recruiting program to advance military and national service (a) Program authorized The Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps may carry out a joint market research, market studies, recruiting, and advertising program to complement the existing programs of the military departments, the national service programs administered by the Corporation, and the Peace Corps. (b) Information sharing permitted Section 503 of title 10, United States Code, shall not be construed to prohibit sharing of information among, or joint marketing efforts of, the Department of Defense, the Corporation for National and Community Service, and the Peace Corps to carry out this section. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for carrying out this section. 6. Information sharing to advance military and national service (a) Establishment of plan The Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps shall establish a joint plan to provide an applicant who is ineligible, or otherwise not selected, for service in the Armed Forces, in a national service program administered by the Corporation for National and Community Service, or in the Peace Corps, with information about the forms of service for which such applicant has not applied. (b) Report to congress Not later than 12 months after the date of enactment of this Act, the Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps shall submit to Congress a report on the plan established under subsection (a). 7. Transition opportunities for military servicemembers and national service participants (a) Employment assistance Section 1143(c)(1) of title 10, United States Code, is amended by inserting the Corporation for National and Community Service, after State employment agencies, . (b) Employment assistance, job training assistance, and other transitional services: Department of Labor (1) In general Section 1144 of title 10, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking and the Secretary of Veterans Affairs, and inserting the Secretary of Veterans Affairs, and the Chief Executive Officer of the Corporation for National and Community Service, ; (ii) in paragraph (2), by striking and the Secretary of Veterans Affairs and inserting the Secretary of Veterans Affairs, and the Chief Executive Officer of the Corporation for National and Community Service ; and (iii) in paragraph (3), by inserting and the Chief Executive Officer after The Secretaries ; (B) in subsection (b), by adding at the end the following: (11) Provide information on public service opportunities, training on public service job recruiting, and the advantages of careers with the Federal Government. ; (C) in subsection (c)(2)(A), by striking and the Secretary of Veterans Affairs, and inserting , the Secretary of Veterans Affairs, and the Chief Executive Officer of the Corporation for National and Community Service, ; (D) in subsection (d), in the matter preceding paragraph (1), by inserting and the Chief Executive Officer of the Corporation for National and Community Service after the Secretaries ; and (E) by adding at the end the following new subsection: (g) Corporation for national and community service programs In establishing and carrying out a program under this section, the Chief Executive Officer of the Corporation for National and Community Service shall do the following: (1) Provide information concerning national service opportunities, including— (A) opportunities to acquire and enhance technical skills available through national service; (B) certifications and verifications of job skills and experience available through national service; (C) support services and benefits available during terms of national service; and (D) job analysis techniques, job search techniques, and job interview techniques specific to approved national service positions (as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )). (2) Inform members of the armed forces that the Department of Defense and the Department of Homeland Security are required, under section 1143(a) of this title, to provide proper certification or verification of job skills and experience acquired while on active duty that may have application to service in programs of the Corporation for National and Community Service. (3) Work with military and veterans' service organizations and other appropriate organizations in promoting and publicizing job fairs for such members. (4) Provide information about disability-related employment and education protections. . (2) Conforming and clerical amendments (A) Heading amendment The heading of section 1144 of such title is amended to read as follows: 1144. Employment assistance, job training assistance, and other transitional services: Department of Labor and the Corporation for National and Community Service . (B) Table of sections The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1144 and inserting the following new item: 1144. Employment assistance, job training assistance, and other transitional services: Department of Labor and the Corporation for National and Community Service. . (c) Authorities and duties of the Chief Executive Officer Section 193A(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12651d(b) ) is amended— (1) in paragraph (24), by striking and at the end; (2) in paragraph (25), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (26) ensure that individuals completing a partial or full term of service in a program under subtitle C or E or part A of title I of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4951 et seq. ) receive information about military and public service opportunities for which they may qualify or in which they may be interested. . 8. Joint report to Congress on initiatives to integrate military and national service (a) Reporting requirement Not later than 4 years after the date of enactment of this Act and quadrennially thereafter, the Director of the Council on Military, National, and Public Service established under section 2, in coordination with the Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps, shall submit to Congress a joint report on cross-service recruitment, including recommendations for increasing joint advertising and recruitment initiatives for the Armed Forces, programs administered by the Corporation for National and Community Service, and the Peace Corps. (b) Contents of report Each report under subsection (a) shall include the following: (1) The number of Peace Corps volunteers and participants in national service programs administered by the Corporation for National and Community Service, who previously served as a member of the Armed Forces. (2) The number of members of the Armed Forces who previously served in the Peace Corps or in a program administered by the Corporation for National and Community Service. (3) An assessment of existing (as of the date of the reports submission) joint recruitment and advertising initiatives undertaken by the Department of Defense, the Peace Corps, or the Corporation for National and Community Service. (4) An assessment of the feasibility and cost of expanding such existing initiatives. (5) An assessment of ways to improve the ability of the reporting agencies to recruit individuals from the other reporting agencies. (c) Consultation The Director of the Council on Military, National, and Public Service established under section 2, the Secretary of Defense, the Chief Executive Officer of the Corporation for National and Community Service, and the Director of the Peace Corps shall undertake studies of recruiting efforts that are necessary to carry out the provisions of this section. Such studies may be conducted using any funds appropriated to those entities under Federal law other than this Act. 9. Definitions In this Act: (1) Council on military, national, and public service The term Council on Military, National, and Public Service means the Council on Military, National, and Public Service established under section 2. (2) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, United States Code. (3) Military department The term military department means each of the military departments listed in section 102 of title 5, United States Code. (4) Military service The term military service means active service (as defined in subsection (d)(3) of section 101 of title 10, United States Code) or active status (as defined in subsection (d)(4) of such section) in one of the Armed Forces (as defined in subsection (a)(4) of such section). (5) National service The term national service means participation, other than military service or public service, in a program that— (A) is designed to enhance the common good and meet the needs of communities, the States, or the United States; (B) is funded or facilitated by— (i) 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; (ii) an institution of higher education as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (iii) the Federal Government or a State, Tribal, or local government; and (C) is a program— (i) authorized in— (I) the Peace Corps Act ( 22 U.S.C. 2501 et seq. ); (II) section 171 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3226 ) relating to the YouthBuild Program; (III) the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ); or (IV) the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ); or (ii) determined to be another relevant program by the Director of the Council on Military, National, and Public Service. (6) Public service The term public service means civilian employment in the Federal Government or a State, Tribal, or local government. (7) Service The term service means a personal commitment of time, energy, and talent to a mission that contributes to the public good by protecting the Nation and the citizens of the United States, strengthening communities, States, or the United States, or promoting the general social welfare. (8) State Commission The term State Commission means a State Commission on National and Community Service maintained by a State pursuant to section 178 of the National and Community Service Act of 1990 ( 42 U.S.C. 12638 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2282is/xml/BILLS-117s2282is.xml |
117-s-2283 | II 117th CONGRESS 1st Session S. 2283 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve the Veterans Crisis Line of the Department of Veterans Affairs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Revising and Expediting Actions for the Crisis Hotline for Veterans Act or the REACH for Veterans Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Veterans Crisis Line training and quality management Subtitle A—Staff training Sec. 101. Review of training for Veterans Crisis Line call responders. Sec. 102. Retraining guidelines for Veterans Crisis Line call responders. Subtitle B—Quality review and management Sec. 111. Monitoring of calls on Veterans Crisis Line. Sec. 112. Quality management processes for Veterans Crisis Line. Sec. 113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide. Subtitle C—Guidance for high-Risk callers Sec. 121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk. Sec. 122. Review and improvement of standards for emergency dispatch. Subtitle D—Oversight and clarification of staff roles and responsibilites Sec. 131. Oversight of training of social service assistants and clarification of job responsibilities. TITLE II—Pilot programs and research on Veterans Crisis Line Subtitle A—Pilot programs Sec. 201. Extended safety planning pilot program for Veterans Crisis Line. Sec. 202. Crisis line facilitation pilot program. Subtitle B—Research on effectiveness Sec. 211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line. TITLE III—Transition of crisis line number Sec. 301. Feedback on transition of crisis line number. 2. Definitions In this Act: (1) Department The term Department means the Department of Veterans Affairs. (2) Secretary The term Secretary means the Secretary of Veterans Affairs. (3) Veterans Crisis Line the term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. I Veterans Crisis Line training and quality management A Staff training 101. Review of training for Veterans Crisis Line call responders (a) In general The Secretary shall enter into an agreement with an organization outside the Department, such as the American Association of Suicidology, to review the training for Veterans Crisis Line call responders on assisting callers in crisis. (b) Completion of review The review conducted under subsection (a) shall be completed not later than one year after the date of the enactment of this Act. (c) Elements of review The review conducted under subsection (a) shall consist of a review of the training provided by the Department on subjects including risk assessment, lethal means assessment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory consultation, and emergency dispatch. (d) Update of training If any deficiencies in the training for Veterans Crisis Line call responders are found pursuant to the review under subsection (a), the Secretary shall update such training and associated standards of practice to correct those deficiencies not later than one year after the completion of the review. 102. Retraining guidelines for Veterans Crisis Line call responders (a) In general Not later than one year after the date of the enactment of this Act, the Secretary shall develop guidelines on retraining and quality management for when a Veterans Crisis Line call responder has an adverse event or when a quality review check by a supervisor of such a call responder denotes that the call responder needs improvement. (b) Elements of guidelines The guidelines developed under subsection (a) shall specify the subjects and quantity of retraining recommended and how supervisors should implement increased use of silent monitoring or other performance review mechanisms. B Quality review and management 111. Monitoring of calls on Veterans Crisis Line (a) In general The Secretary shall require that not fewer than two calls per month for each Veterans Crisis Line call responder be subject to supervisory silent monitoring, which is used to monitor the quality of conduct by such call responder during the call. (b) Benchmarks The Secretary shall establish benchmarks for requirements and performance of Veterans Crisis Line call responders on supervisory silent monitored calls. (c) Quarterly reports Not less frequently than quarterly, the Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occurrence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line. 112. Quality management processes for Veterans Crisis Line Not later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Department, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, including with respect to reporting of adverse events and close calls. 113. Annual common cause analysis for callers to Veterans Crisis Line who die by suicide (a) In general Not less frequently than annually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Crisis Line that died by suicide during the one-year period preceding the conduct of the analysis before the caller received contact with emergency services and in which the Veterans Crisis Line was the last point of contact. (b) Submittal of results The Secretary shall submit to the Office of Mental Health and Suicide Prevention of the Department the results of each analysis conducted under subsection (a). (c) Application of themes or lessons The Secretary shall apply any themes or lessons learned under an analysis under subsection (a) to updating training and standards of practice for staff of the Veterans Crisis Line. C Guidance for high-Risk callers 121. Development of enhanced guidance and procedures for response to calls related to substance use and overdose risk Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with national experts within the Department on substance use disorder and overdose, shall— (1) develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line related to substance use and overdose risk; (2) update training materials for staff of the Veterans Crisis Line in response to such enhanced guidance and procedures; and (3) update criteria for monitoring compliance with such enhanced guidance and procedures. 122. Review and improvement of standards for emergency dispatch (a) In general Not later than one year after the date of the enactment of this Act, the Secretary shall— (1) review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communication regarding— (A) emergency dispatch for disconnected callers; and (B) the role of social service assistants in requesting emergency dispatch and recording such dispatches; and (2) update such procedure to include the additions identified under paragraph (1). (b) Training The Secretary shall ensure that all staff of the Veterans Crisis Line are trained on all updates made under subsection (a)(2) to the emergency dispatch standard operating procedure of the Veterans Crisis Line. D Oversight and clarification of staff roles and responsibilites 131. Oversight of training of social service assistants and clarification of job responsibilities Not later than one year after the date of the enactment of this Act, the Secretary shall— (1) establish oversight mechanisms to ensure that social service assistants and supervisory social service assistants working with the Veterans Crisis Line are appropriately trained and implementing guidance of the Department regarding the Veterans Crisis Line; and (2) refine standard operating procedures to delineate roles and responsibilities for all levels of supervisory social service assistants working with the Veterans Crisis Line. II Pilot programs and research on Veterans Crisis Line A Pilot programs 201. Extended safety planning pilot program for Veterans Crisis Line (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a pilot program to determine whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line. (b) Briefing Not later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program. 202. Crisis line facilitation pilot program (a) In general Commencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilitation to increase use of the Veterans Crisis Line among high-risk veterans. (b) Briefing Not later than two years after the date of the enactment of this Act, the Secretary shall brief Congress on the findings of the Secretary under the pilot program under subsection (a), including such recommendations as the Secretary may have for continuation or discontinuation of the pilot program. (c) Definitions In this section: (1) Crisis line facilitation The term crisis line facilitation , with respect to a high-risk veteran, means the presentation by a therapist of psychoeducational information about the Veterans Crisis Line and a discussion of the perceived barriers and facilitators to future use of the Veterans Crisis Line for the veteran, which culminates in the veteran calling the Veterans Crisis Line with the therapist to provide firsthand experiences that may counter negative impressions of the Veterans Crisis Line. (2) High-risk veteran The term high-risk veteran means a veteran receiving inpatient mental health care following a suicidal crisis. B Research on effectiveness 211. Authorization of appropriations for research on effectiveness and opportunities for improvement of Veterans Crisis Line There is authorized to be appropriated to the Secretary $5,000,000 for the Mental Illness Research, Education, and Clinical Centers of the Department to conduct research on the effectiveness of the Veterans Crisis Line and areas for improvement for the Veterans Crisis Line. III Transition of crisis line number 301. Feedback on transition of crisis line number (a) In general The Secretary shall solicit feedback from veterans service organizations on how to conduct outreach to members of the Armed Forces, veterans, their family members, and other members of the military and veterans community on the move to 988 as the new, national three-digit suicide and mental health crisis hotline, which is expected to be implemented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis Line. (b) Nonapplication of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any feedback solicited under subsection (a). (c) Veterans service organization defined In this section, the term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2283is/xml/BILLS-117s2283is.xml |
117-s-2284 | II 117th CONGRESS 1st Session S. 2284 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Manchin (for himself, Mr. Portman , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize appropriations for the Appalachian development highway system, and for other purposes.
1. Short title This Act may be cited as the Finish the ADHS Act . 2. Appalachian development highway system (a) In general There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the Appalachian development highway system under subtitle IV of title 40, United States Code— (1) $250,000,000 for fiscal year 2022; (2) $300,000,000 for fiscal year 2023; (3) $350,000,000 for fiscal year 2024; (4) $400,000,000 for fiscal year 2025; and (5) $450,000,000 for fiscal year 2026. (b) Apportionment The Secretary shall apportion funds made available under subsection (a) for each of fiscal years 2022 through 2026 among the States with unfinished Appalachian development highway system corridors or unconverted Advance Construction amounts using the readiness apportionment methodology described in the report of the Appalachian Regional Commission entitled Appalachian Development Highway System Planned Construction for 2021 to 2030 Report , or a subsequent revised report, subject to the requirements that— (1) each such State receives an amount of not less than $20,000,000 for each fiscal year; and (2) a State shall not receive an apportionment that exceeds— (A) the remaining funds needed to complete the Appalachian development highway corridor or corridors in the State, as identified in the latest available cost to complete estimate for the system prepared by the Appalachian Regional Commission; or (B) 30 percent of the total amount made available under subsection (a) for the fiscal year. (c) Treatment Amounts made available under subsection (a) shall be available for obligation in the same manner as if apportioned under chapter 1 of title 23, United States Code, except that— (1) the Federal share of the cost of any project carried out with those amounts shall be determined in accordance with section 14501 of title 40, United States Code; and (2) the amounts— (A) shall be available to construct highways and access roads under section 14501 of title 40, United States Code; and (B) shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2284is/xml/BILLS-117s2284is.xml |
117-s-2285 | II 117th CONGRESS 1st Session S. 2285 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Sinema (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Agriculture to maintain the Urban Waters Federal Partnership Program, and for other purposes.
1. Short title This Act may be cited as the Urban Waters Federal Partnership Act of 2021 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Member agencies The term member agencies means each of— (A) the Environmental Protection Agency; (B) the Department of the Interior; (C) the Department of Agriculture; (D) the Corps of Engineers; (E) the National Oceanic and Atmospheric Administration; (F) the Economic Development Administration; (G) the Department of Housing and Urban Development; (H) the Department of Transportation; (I) the Department of Energy; (J) the Department of Education; (K) the National Institute for Environmental Health Sciences; (L) the Community Development Financial Institutions Fund; (M) the Federal Emergency Management Agency; (N) the Corporation for National and Community Service; and (O) such other agencies, departments, and bureaus that elect to participate in the Urban Waters program as the missions, authorities, and appropriated funding of those agencies, departments, and bureaus allow. (3) Secretaries The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture. (4) Urban Waters ambassador The term Urban Waters ambassador means a person who— (A) is locally based near the applicable Urban Waters partnership location; and (B) serves in a central coordinating role for the work carried out in the applicable Urban Waters partnership location with respect to the Urban Waters program. (5) Urban Waters nonpartnership location The term Urban Waters nonpartnership location means an urban or municipal site and the associated watershed or waterbody of the site— (A) that receives Federal support for activities that advance the purpose of the Urban Waters program; but (B) (i) that is not formally designated as an Urban Waters partnership location; and (ii) for which is not maintained— (I) an active partnership with an Urban Waters ambassador; or (II) an Urban Waters partnership location workplan. (6) Urban Waters partnership location The term Urban Waters partnership location means an urban or municipal site and the associated watershed or waterbody of the site for which— (A) the Administrator, in collaboration with the heads of the other member agencies, has formally designated as a partnership location under the Urban Waters program; and (B) an active partnership with an Urban Waters ambassador is maintained. (7) Urban Waters partnership location workplan The term Urban Waters partnership location workplan means the plan for projects and actions that is coordinated across an Urban Waters partnership location. (8) Urban Waters program The term Urban Waters program means the program established under section 3(a). 3. Urban Waters Federal Partnership program (a) Authorization There is authorized a program, to be known as the Urban Waters Federal Partnership Program , administered by the partnership of the member agencies— (1) to jointly support and execute the goals of the Urban Waters program through the independent authorities and appropriated funding of the member agencies; and (2) to advance the purpose described in subsection (b) within designated Urban Waters partnership locations and other urban and suburban communities in the United States. (b) Program purpose The purpose of the Urban Waters program is to reconnect urban communities, particularly urban communities that are overburdened or economically distressed, with associated waterways by improving coordination among Federal agencies. (c) Program requirements (1) In general Subject to the availability of appropriations, the Administrator, in coordination with the Secretaries and, as appropriate, the heads of the other member agencies, shall maintain the Urban Waters program in accordance with this subsection. (2) Urban Waters Federal Partnership Steering Committee (A) Establishment (i) In general The Administrator shall establish a steering committee for the Urban Waters program (referred to in this paragraph as the steering committee ). (ii) Chair The Administrator shall serve as chairperson of the steering committee. (iii) Vice-chairs The Secretaries shall serve as vice-chairpersons of the steering committee. (iv) Membership In addition to the Administrator and the Secretaries, the members of the steering committee shall be the senior officials (or their designees) from such member agencies as the Administrator shall designate. (B) Duties The steering committee shall provide general guidance to the member agencies with respect to the Urban Waters program, including guidance with respect to— (i) the identification of annual priority issues for special emphasis within Urban Waters partnership locations; and (ii) the identification of funding opportunities, which shall be communicated to all Urban Waters partnership locations. (C) Interagency financing Notwithstanding section 1346 of title 31, United States Code, section 708 of division E of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), or any other similar provision of law, member agencies may— (i) provide interagency financing to the steering committee; and (ii) directly transfer such amounts as are necessary to support the activities of the steering committee. (3) Authority (A) Partnership locations (i) Partnership locations The Administrator and the Secretaries shall maintain an active partnership program under the Urban Waters program at each Urban Waters partnership location, including each Urban Waters partnership location in existence on the date of enactment of this Act, by providing— (I) technical assistance for projects to be carried out within the Urban Waters partnership location; (II) funding for projects to be carried out within the Urban Waters partnership location; (III) funding for an Urban Waters ambassador for the Urban Waters partnership location; and (IV) coordination support with other member agencies with respect to activities carried out at the Urban Waters partnership location. (ii) New partnership locations (I) In general The Administrator and the Secretaries may, in consultation with the heads of other member agencies, establish new Urban Waters partnership locations. (II) Nonpartnership locations A community with an Urban Waters nonpartnership location may, at the discretion of the community, seek to have the Urban Waters nonpartnership location designated as an Urban Waters partnership location. (B) Authorized activities (i) Definition of eligible entity In this subparagraph, the term eligible entity means— (I) a State; (II) a territory or possession of the United States; (III) the District of Columbia; (IV) an Indian Tribe; (V) a unit of local government; (VI) a public or private institution of higher education; (VII) a public or private nonprofit institution; (VIII) an intertribal consortium; (IX) an interstate agency; and (X) any other entity determined to be appropriate by the Administrator. (ii) Activities In carrying out the Urban Waters program, a member agency may— (I) encourage, cooperate with, and render technical services to and provide financial assistance to support— (aa) Urban Water ambassadors to conduct activities with respect to the applicable Urban Waters partnership location, including— (AA) convening the appropriate Federal and non-Federal partners for the Urban Waters partnership location; (BB) developing and carrying out an Urban Waters partnership location workplan; (CC) leveraging available Federal and non-Federal resources for projects within the Urban Waters partnership location; and (DD) sharing information and best practices with the Urban Waters Learning Network established under subparagraph (C); and (bb) an eligible entity in carrying out— (AA) projects at Urban Water partnership locations that provide habitat or water quality improvements, increase river recreation, enhance community resiliency, install infrastructure, strengthen community engagement with and education with respect to water resources, or support planning, coordination, and execution of projects identified in the applicable Urban Waters partnership location workplan; and (BB) planning, research, experiments, demonstrations, surveys, studies, monitoring, training, and outreach to advance the purpose described in subsection (b) within Urban Waters partnership locations and in Urban Waters nonpartnership locations; and (II) transfer funds to or enter into interagency agreements with other member agencies as necessary to carry out the Urban Waters program. (C) Urban Waters learning network The Administrator and the Secretaries shall maintain an Urban Waters Learning Network— (i) to share information, resources, and tools between Urban Waters partnership locations and with other interested communities; and (ii) to carry out community-based capacity building that advances the goals of the Urban Waters program. (D) Workplan progress Progress in addressing the goals of the Urban Waters partnership location workplan of an Urban Waters partnership location shall be shared with the Urban Waters program at regular intervals, as determined by the Administrator and the Secretaries. (d) Reports to Congress The Administrator and the Secretaries shall annually submit to the appropriate committees of Congress a report describing the progress in carrying out the Urban Waters program, which shall include— (1) a description of the use of funds under the Urban Waters program; (2) a description of the progress made in carrying out Urban Waters partnership location workplans; and (3) any additional information that the Administrator and the Secretaries determine to be appropriate. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out the Urban Waters program $10,000,000 for each of fiscal years 2022 through 2026. (2) Use of funds Notwithstanding any other provision of law, activities carried out using amounts made available to the Administrator under paragraph (1) may be used in conjunction with amounts made available from— (A) other member agencies; and (B) non-Federal entities that participate in the Urban Waters program. | https://www.govinfo.gov/content/pkg/BILLS-117s2285is/xml/BILLS-117s2285is.xml |
117-s-2286 | II 117th CONGRESS 1st Session S. 2286 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to use designated funding to pay for construction of authorized rural water projects, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Western Water, Jobs, and Infrastructure Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Reclamation Rural Water Project Construction Fund Sec. 101. Definitions. Sec. 102. Establishment. Sec. 103. Deposits to Fund. Sec. 104. Expenditures from Fund. Sec. 105. Investments of amounts. TITLE II—Indian Water Rights Settlement Completion Fund Sec. 201. Indian Water Rights Settlement Completion Fund. TITLE III—Milk River Project Sec. 301. Definitions. Sec. 302. Milk River Project rehabilitation projects. I Reclamation Rural Water Project Construction Fund 101. Definitions In this title: (1) Authorized rural water project The term authorized rural water project means a project— (A) that is designed to provide domestic, industrial, municipal, or residential water to a small community or group of small communities, including Indian Tribes and Tribal organizations; and (B) (i) that is authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (ii) for which an Act of Congress after the date of enactment of this Act has authorized the construction of the project. (2) Fund The term Fund means the Reclamation Rural Water Project Construction Fund established by section 102. (3) 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 ). (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 102. Establishment There is established in the Treasury of the United States a fund, to be known as the Reclamation Rural Water Project Construction Fund , consisting of— (1) such amounts as are deposited in the Fund under section 103; and (2) any interest earned on investment of amounts in the Fund under section 105. 103. Deposits to Fund (a) In general There is appropriated to the Fund, out of money in the Treasury not otherwise appropriated, $200,000,000 for each of fiscal years 2022 through 2026, to remain available until September 30, 2036. (b) Availability of amounts Amounts deposited in the Fund under subsection (a) shall— (1) be made available in accordance with this title, without further appropriation; and (2) supplements, and not supplant, amounts appropriated for authorized rural water projects under any other provision of law. 104. Expenditures from Fund (a) In general Subject to subsection (b), for each of fiscal years 2022 through 2026, the Secretary may use not less than $200,000,000 of amounts available in the Fund to complete construction of authorized rural water projects. (b) Restrictions (1) No operation and maintenance costs The Secretary shall not use any amounts from the Fund to pay for operation and maintenance costs of an authorized rural water project authorized under subsection (a). (2) Conditions The Secretary shall not expend any amounts from the Fund to carry out this section until the date on which the Secretary develops— (A) programmatic goals to carry out this section that— (i) would enable the completion of construction of the authorized rural water projects as expeditiously as practicable; and (ii) reflect— (I) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (II) the goals of the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. ); and (B) funding prioritization criteria to serve as a methodology for distributing funds under this section that take into account— (i) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and Tribal communities; (ii) the status of the current stages of completion of the authorized rural water project; (iii) the financial needs of the affected rural and Tribal communities; (iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and Tribal communities; (v) the ability of the authorized rural water project to address regional- and watershed-level water supply needs; (vi) the ability of the authorized rural water project— (I) to minimize water and energy consumption; and (II) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (vii) the need for the authorized rural water project to address— (I) the needs of Indian Tribes and members of Indian Tribes; and (II) other community needs or interests; and (viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. 105. Investments of amounts (a) In general The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (b) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. II Indian Water Rights Settlement Completion Fund 201. Indian Water Rights Settlement Completion Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Indian Water Rights Settlement Completion Fund (referred to in this section as the Fund ). (b) Deposits (1) In general The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (2). (2) Mandatory funding On October 1, 2021, and on each October 1 thereafter through October 1, 2025, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fund $400,000,000, to remain available until September 30, 2036. (c) Uses Amounts deposited in the Fund under subsection (b) shall be used by the Secretary of the Interior to implement any Indian water rights settlement agreement approved by Congress, including any Indian water rights settlement agreement approved by Congress after the date of enactment of this Act, that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation or the Bureau of Indian Affairs to provide financial assistance for, or plan, design, and construct— (1) water supply infrastructure; or (2) a project— (A) to rehabilitate a water delivery system to conserve water; or (B) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on the date of enactment of this Act. III Milk River Project 301. Definitions In this title: (1) Milk river project (A) In general The term Milk River Project means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana. (B) Inclusions The term Milk River Project includes the St. Mary Unit. (2) St. mary unit (A) In general The term St. Mary Unit means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905. (B) Inclusions The term St. Mary Unit includes— (i) Sherburne Dam and Reservoir; (ii) Swift Current Creek Dike; (iii) Lower St. Mary Lake; (iv) St. Mary Canal Diversion Dam; and (v) St. Mary Canal and appurtenances. (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 302. Milk River Project rehabilitation projects (a) Authorization of rehabilitation projects The Secretary shall use amounts made available under subsection (d) to carry out projects to rehabilitate the Milk River Project, including projects— (1) to rehabilitate or replace aging or damaged infrastructure; (2) to improve the efficiency of the Milk River Project; (3) to protect fish and wildlife; and (4) to protect municipal, agricultural, and Tribal water supplies. (b) Federal share Notwithstanding any other provision of law and subject to subsection (c), the Federal share of the cost of a project carried out under subsection (a) shall be 100 percent. (c) Voluntarily contributions Notwithstanding subsection (b), a non-Federal partner may voluntarily contribute to the costs of a project carried out under this section. (d) Funding In addition to amounts otherwise made available, there is appropriated to the Secretary to carry out this section, out of any amounts in the Treasury not otherwise appropriated, $200,000,000 for fiscal year 2022, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2286is/xml/BILLS-117s2286is.xml |
117-s-2287 | II 117th CONGRESS 1st Session S. 2287 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Baldwin (for herself, Mr. Blumenthal , Ms. Cortez Masto , Mr. Markey , Ms. Hirono , Ms. Smith , Mr. Menendez , Mr. Merkley , Mr. Kaine , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve Federal population surveys by requiring the collection of voluntary, self-disclosed information on sexual orientation and gender identity in certain surveys, and for other purposes.
1. Short title This Act may be cited as the LGBTQ Data Inclusion Act . 2. Requirement to collect data on sexual orientation and gender identity (a) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Demographic data The term demographic data means information about the race or ethnicity, sex, and age of a survey participant or population. (3) Gender identity The term gender identity means an individual’s sense of being male, female, transgender, or another gender, as distinct from the individual’s sex assigned at birth. (4) Sexual orientation The term sexual orientation — (A) means how a person identifies in terms of their emotional, romantic, or sexual attractions; and (B) includes identification as straight, heterosexual, gay, lesbian, or bisexual, among other terms. (5) Survey The term survey — (A) means a data collection activity involving observation or questionnaires for a sample of a population; and (B) includes the decennial census. (b) Survey requirement Any agency that collects information through a survey that includes demographic data where subjects either self-report information or a knowledgeable proxy provides information about the subject or responds for all persons in a household shall, not later than 180 days after the date of enactment of this Act, establish data standards that require, with regard to such a survey, the following: (1) Review The review of existing data sets to determine in which data sets information about sexual orientation and gender identity is not included. (2) Methods An identification of appropriate methods to include questions on sexual orientation and gender identity in surveys that facilitate categorization, voluntary participation, and preserve privacy and confidentiality. (3) Data collection The use of the appropriate methods identified in paragraph (2) to gather data on sexual orientation and gender identity. (4) Assessment The implementation of a process to routinely assess needed changes in survey methods related to asking questions on sexual orientation and gender identity. (c) Data reports Any report published by an agency that relies on survey demographic data shall include information on sexual orientation and gender identity. (d) Confidentiality Any information collected relating to the sexual orientation or gender identity of a survey participant shall be maintained in accordance with the confidentiality and privacy standards and policies for the protection of individuals applicable to that survey. (e) Applicability (1) Construction Nothing in this Act shall be construed to require an individual to disclose their sexual orientation or gender identity to an agency. (2) Exemption from penalty An individual shall not be subject to any fine or other penalty for refusing to answer, or providing a false answer to, any survey question regarding gender identity or sexual orientation, including any fine or penalty under subchapter II of chapter 7 of title 13, United States Code. (f) Rule of construction Nothing in this section shall be construed to permit the use of information collected under this section in a manner that would adversely affect any individual. | https://www.govinfo.gov/content/pkg/BILLS-117s2287is/xml/BILLS-117s2287is.xml |
117-s-2288 | II 117th CONGRESS 1st Session S. 2288 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mrs. Feinstein (for herself, Mrs. Murray , Ms. Klobuchar , Mr. Leahy , Mr. Markey , Mr. Blumenthal , Mr. Wyden , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Ted Stevens Olympic and Amateur Sports Act to provide pay equity for amateur athletes and other personnel, and for other purposes.
1. Short title This Act may be cited as the Even Playing Field Act . 2. Pay equity for amateur athletes and other personnel (a) Purposes of the United States Olympic and Paralympic Committee (1) In general Section 220503(12) of title 36, United States Code, is amended by inserting , including by providing investment, promotional support, working conditions (including staff support and facilities and equipment for training and competition) and wages, stipends, and other compensation that are equal to that provided to amateur athletic activities for men before the semicolon. (2) Retroactive effective date The amendment made by paragraph (1) shall take effect on the date that is 2 years before the date of the enactment of this Act. (b) Eligibility requirements for amateur sports organizations as national governing bodies Section 220522(8) of title 36, United States Code, is amended— (1) by striking an equal opportunity and inserting and demonstrates equal opportunity, including in investment, promotional support, working conditions (including staff support and facilities and equipment for training and competition) and wages, stipends, and other compensation, ; and (2) by inserting and other activities after athletic competition . (c) General duties of national governing bodies Section 220524(a)(6) of title 36, United States Code, is amended by inserting , including in investment, promotional support, working conditions (including staff support and facilities and equipment for training and competition, and wages, stipends, and other compensation) before the semicolon. (d) Reports on pay equity (1) In general Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530A. Reports on pay equity (a) In general Each national governing body shall submit to Congress a report on the compensation of amateur athletes, coaches, trainers, managers, administrators, and officials in the sport governed by the national governing body for— (1) each of the 2 consecutive calendar years ending immediately before the date of the enactment of this section; and (2) each calendar year beginning after the date of the enactment of this section. (b) Matters To be included Each report required by subsection (a) shall include, with respect to the applicable sport, for the calendar year covered by the report— (1) the median compensation for amateur athletes, coaches, trainers, managers, administrators, and officials disaggregated by race, gender, and employment category; and (2) the minimum and maximum compensation paid to amateur athletes, coaches, trainers, managers, administrators, and officials, disaggregated by race, gender, and employment category. . (2) Conforming amendment The table of sections for chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530A. Reports on pay equity. . (e) Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s2288is/xml/BILLS-117s2288is.xml |
117-s-2289 | II 117th CONGRESS 1st Session S. 2289 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Menendez (for himself and Mr. Booker ) 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 direct-pay credit bonds in the case of certain bonds the proceeds of which are used for the replacement of lead drinking water service lines.
1. Short title This Act may be cited as the Lead-Free America Bonds Act of 2021 . 2. Credit to issuer for lead drinking water service line bonds (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6431. Credit allowed to issuer for lead drinking water service line bonds (a) In general In the case of a qualified lead drinking water service line bond, the issuer of such bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). (b) Payment of credit (1) In general The Secretary shall pay (contemporaneously with each date on which interest is so payable) to the issuer of such bond (or to any person who makes such interest payments on behalf of such issuer) an amount equal to so much of such interest that is payable at a rate not in excess of the applicable interest rate determined under paragraph (2). (2) Applicable interest rate (A) In general The applicable interest rate determined under this paragraph for any qualified lead drinking water service line bond shall be the rate which the Secretary estimates will permit the issuance of qualified lead drinking water service line bonds with a specified maturity or redemption date without discount and without additional interest cost. (B) Procedure for rate determinations (i) In general Such rate with respect to any qualified lead drinking water service line bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond. (ii) Method and frequency For purposes of this paragraph, the Secretary will determine and announce credit rates daily for qualified lead drinking water service line bonds based on the Secretary’s estimate of the yields on outstanding bonds from market sectors selected at the discretion of the Secretary that, for the business day immediately preceding the sale date of the bonds, have an investment grade rating of between A and BBB for bonds of a similar maturity and for which the interest would be included in gross income. (c) Qualified lead drinking water service line bond (1) In general For purposes of this section, the term qualified lead drinking water service line bond means any bond (other than a private activity bond) issued as part of an issue if— (A) 100 percent of the available project proceeds of such issue are to be used for replacing lead components of 1 or more eligible public water systems that are not lead free, including any publicly or privately owned portion of a lead service line of the eligible public water system, (B) the interest on such bond would (but for this section) be excludable from gross income under section 103, (C) the issue price has not more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond, and (D) prior to the issuance of such bond, the issuer makes an irrevocable election to have this section apply. Except upon approval by the Environmental Protection Agency for circumstances in which there are emergent public health risks, none of the available project proceeds of such issue shall be used for a partial lead service line replacement. (2) Applicable rules For purposes of applying paragraph (1)— (A) Not treated as federally guaranteed For purposes of section 149(b), a qualified lead drinking water service line bond shall not be treated as federally guaranteed by reason of the credit allowed under this section. (B) Application of arbitrage rules For purposes of section 148, the yield on a qualified lead drinking water service line bond shall be reduced by the credit allowed under this section. (d) Definition and special rules For purposes of this section— (1) Interest includible in gross income For purposes of this title, interest on any qualified lead drinking water service line bond shall be includible in gross income. (2) Eligible public water system (A) In general The term eligible public water system means, with respect to any bond— (i) in the case of a public water system with respect to which the owner or operator was, during the 6-year period preceding the date of enactment of the Lead-Free America Bonds Act of 2021 , required to give lead action level notice, such bond was issued during the 3-year period subsequent to the date of enactment of such Act, or (ii) in the case of a public water system with respect to which the owner or operator was, at any time subsequent to the date of enactment of the Lead-Free America Bonds Act of 2021 , required to give lead action level notice, such bond was issued during the 3-year period subsequent to such notice. (B) Public water system The term public water system has the meaning given such term in section 1401(4) of such Act ( 42 U.S.C. 300f(4) ). (C) Lead free The term lead free has the meaning given such term in section 1417(d) of such Act ( 42 U.S.C. 300g-6(d) ). (D) Lead service line The term lead service line has the meaning given such term in section 1459B(a)(4) of such Act (42 U.S.C. 300j-19b(a)(4)). (E) Lead action level notice The term lead action level notice means notice under section 1414(c)(1)(D) of the Safe Water Drinking Act (42 U.S.C. 300g- 3(c)(1)(D)) that the public water system exceeded the lead action level. (3) Failure to spend required amount of bond proceeds within 5 years (A) In general If at the close of the 5-year period beginning on the date of issuance less than 100 percent of the available project proceeds of the issue are expended for the purposes specified in subsection (c)(1)(A), the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (B) Extension of period Upon submission of a request prior to the expiration of the 5-year period under subparagraph (A), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within such period is due to reasonable cause and the expenditures for the purposes described in subsection (c)(1)(A) will continue to proceed with due diligence. (4) Available project proceeds The term available project proceeds means— (A) the excess of— (i) the proceeds from the sale of an issue, over (ii) the sum of— (I) issuance costs financed by the issue (the extent that such costs do not exceed 2 percent of such proceeds), and (II) amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue), and (B) the proceeds from any investment of the excess described in clause (i). (5) Current refundings allowed (A) In general In the case of a bond issued to refund a qualified lead drinking water service line bond, such refunding bond shall be treated as a qualified lead drinking water service line bond for purposes of this section if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. (B) Determination of average maturity For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). (6) Application of Davis-Bacon act requirements with respect to qualified lead drinking water service line bonds Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with the proceeds of qualified lead drinking water service line bonds (other than bonds issued to refund a bond originally issued before the date of the enactment of this Act). (e) Regulations The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. . (b) Payments made under section 6431 of the Internal Revenue Code of 1986 Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting: Payments made under section 6431 of the Internal Revenue Code of 1986 after the item related to Payment to Radiation Exposure Compensation Trust Fund. (c) Clerical amendment The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6431. Credit allowed to issuer for qualified lead drinking water service line bonds. . (d) Effective date The amendments made by this section shall apply to bonds issued more than 30 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2289is/xml/BILLS-117s2289is.xml |
117-s-2290 | II 117th CONGRESS 1st Session S. 2290 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Peters (for himself, Ms. Lummis , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for requirements for data brokers with respect to the acquisition, use, and protection of brokered personal information and to require that data brokers annually register with the Federal Trade Commission.
1. Short title This Act may be cited as the Data Broker List Act of 2021 . 2. Requirements for data brokers (a) Requirements with respect to the acquisition and use of brokered personal information A data broker shall not— (1) acquire brokered personal information through fraudulent means; (2) acquire or use brokered personal information for the purpose of— (A) stalking or harassing another person; (B) committing fraud, including identity theft, financial fraud, or e-mail fraud; or (C) engaging in unlawful discrimination, including unlawful discrimination in decisions regarding employment, housing, and credit eligibility; or (3) sell or transfer brokered personal information to a third party if the data broker knows or reasonably should know that the third party intends to engage in any conduct prohibited by this Act. (b) Duty To protect brokered personal information (1) In general A data broker shall develop, implement, and maintain a comprehensive information security program in order to protect from security breaches or other inadvertent or improper disclosure the brokered personal information acquired by the data broker. (2) Notification of change of ownership If a data broker is purchased or otherwise acquired by another entity, such other entity shall provide notification of such purchase or acquisition to any consumer with respect to which— (A) the data broker collected, processed, analyzed, stored or used brokered personal information; and (B) such other entity plans to continue to collect, process, analyze, store or use such information. (3) Program requirements The comprehensive information security program required under paragraph (1) shall— (A) be written in one or more readily accessible parts; and (B) contain administrative, technical, and physical safeguards that are appropriate to— (i) the size, scope, and type of business of the data broker; (ii) the amount of resources available to the data broker; (iii) the amount of stored data of the data broker; (iv) the nature and sensitivity of the brokered personal information stored by the data broker; and (v) the need for security and confidentiality of brokered personal information. (c) Annual registration (1) In general Annually, on or before January 31, a data broker shall— (A) register with the Commission; and (B) provide the following information with such registration: (i) The name and primary physical, e-mail, and internet addresses of the data broker. (ii) If the data broker permits a consumer to opt out of the data broker’s collection of brokered personal information, opt out of its databases, or opt out of certain sales of data— (I) the method for requesting an opt-out; (II) if the opt-out applies to only certain activities or sales, which ones; and (III) whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf. (iii) A statement specifying the data collection, databases, or sales activities from which a consumer may not opt out, and why an opportunity to opt out is not available. (iv) A statement specifying the types of information being collected, as determined by the Commission, to the extent practicable. (v) A statement as to whether the data broker implements a purchaser credentialing process and, if so, a description of that process. (vi) The number of security breaches that the data broker experienced during the previous year, and if known, the total number of consumers whose personal information was accessed, downloaded, viewed, or otherwise affected in a breach. (vii) Where the data broker has actual knowledge that it possesses the brokered personal information of minors, a separate statement detailing the data collection practices, databases, sales activities, and opt-out policies that are applicable to the brokered personal information of minors. (viii) Any additional information or explanation concerning its data collection practices. (2) Exception The requirements under paragraph (1) shall not apply to a data broker that is already required to comply with such requirements with respect to another Federal agency. (3) Public availability The Commission shall make the information described in paragraph (1) available on the internet website of the Commission, except as necessary to protect the integrity of ongoing investigations or to protect the privacy of consumers, or if it is in the interest of public safety or welfare. 3. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall begin enforcement of such violations by not later than 1 year after the date of the enactment of this Act. (b) Powers of Commission (1) In general The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any data broker who violates section 2 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) Civil penalty A data broker that fails to register as required under section 2(c) shall be liable for a civil penalty in an amount determined by the Commission through the rulemaking authority under subsection (c). (4) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Rulemaking authority for the Commission The Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations the Commission determines to be necessary to carry out the provisions of this Act. 4. FTC annual review and report (a) Annual review The Commission shall conduct an annual review of the implementation of the provisions of this Act. Such study shall include an analysis of— (1) compliance by data brokers with the requirements under section 2; (2) enforcement actions taken by the Commission with respect to violations of such requirements; and (3) other areas determined appropriate by the Commission. (b) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter the Commission shall submit to Congress a report on the review conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate. 5. Definitions In this section: (1) Brokered personal information The term brokered personal information means any personal information that is categorized or organized for sale, license, or trade, or is otherwise disclosed for compensation, to a third party. (2) Business (A) In general The term business means a commercial entity, including a sole proprietorship, partnership, corporation, association, limited liability company, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the laws of a State, the United States, or any other country, or the parent, affiliate, or subsidiary of a financial institution. (B) Exclusion The term business does not include a State, a State agency, any political subdivision of a State, or a vendor acting solely on behalf of, and at the direction of, a State. (3) Commission The term Commission means the Federal Trade Commission. (4) Consumer The term consumer means an individual residing in the United States acting in a personal, family, or household capacity. (5) Data broker (A) In general The term data broker means a business that knowingly collects or obtains the personal information of a consumer with whom the business does not have a direct relationship and then sells, licenses, trades, provides for consideration, or is otherwise compensated for disclosing that information to a third party. (B) Direct relationship For purposes of subparagraph (A), a direct relationship with a business exists if the consumer— (i) is a current customer; (ii) obtained a good or service from the business within the prior 18 months; or (iii) made an inquiry about the products or services of the business within the prior 90 days. (C) Exclusion The following activities conducted by a business, and the collection and sale or licensing of brokered personal information incidental to conducting these activities, do not qualify the business as a data broker: (i) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier. (ii) Providing a consumer's publicly available information if the information is being used by the recipient as it relates to that consumer's business or profession. (iii) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes. (iv) Providing or using information in a manner that is regulated under another Federal or State law, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the Health Insurance Portability and Accountability Act. (v) Providing data to a third party at the direction of the consumer and with the consumer’s affirmative express consent. (vi) Providing or using information for assessing, verifying, or authenticating a person’s identity, or for investigating or preventing actual or potential fraud. (D) Exclusion from sale For purposes of this paragraph, the term sells does not include a one-time or occasional sale of assets of a business as part of a transfer of control of those assets that is not part of the ordinary conduct of the business. (6) Data broker security breach (A) In general The term data broker security breach means an unauthorized acquisition or a reasonable belief of an unauthorized acquisition of more than one element of brokered personal information maintained by a data broker when the brokered personal information is not encrypted, redacted, or protected by another method that renders the information unreadable or unusable by an unauthorized person or entity. (B) Exclusion The term data broker security breach does not include good faith but unauthorized acquisition of brokered personal information by an employee or agent of the data broker for a legitimate purpose of the data broker, provided that the brokered personal information is not used for a purpose unrelated to the data broker’s business or subject to further unauthorized disclosure. (C) Application In determining whether brokered personal information has been acquired or is reasonably believed to have been acquired without valid authorization, a data broker may consider the following factors, among others: (i) Indications that the brokered personal information is in the physical possession and control of a person or entity without valid authorization, such as a lost or stolen computer or other device containing brokered personal information. (ii) Indications that the brokered personal information has been downloaded or copied. (iii) Indications that the brokered personal information was used by an unauthorized person or entity, such as fraudulent accounts opened or instances of identity theft reported. (iv) That the brokered personal information has been made public. (7) Personal information The term personal information means information which is related to any identified or identifiable person. (8) State The term State means any State of the United 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. | https://www.govinfo.gov/content/pkg/BILLS-117s2290is/xml/BILLS-117s2290is.xml |
117-s-2291 | II 117th CONGRESS 1st Session S. 2291 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Cardin (for himself, Mr. Manchin , Mr. Carper , Mr. Whitehouse , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a tax credit for production of electricity using nuclear power.
1. Short title This Act may be cited as the Zero-Emission Nuclear Power Production Credit Act of 2021 . 2. Zero-emission nuclear power production credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Zero-emission nuclear power production credit (a) Amount of credit For purposes of section 38, the zero-emission nuclear power production credit for any taxable year is an amount equal to the amount by which— (1) the product of— (A) 1.5 cents, multiplied by (B) the kilowatt hours of electricity— (i) produced by the taxpayer at a qualified nuclear power facility, and (ii) sold by the taxpayer to an unrelated person during the taxable year, exceeds (2) the reduction amount for such taxable year. (b) Definitions (1) Qualified nuclear power facility For purposes of this section, the term qualified nuclear power facility means any nuclear facility— (A) which is owned by the taxpayer and which uses nuclear energy to produce electricity, (B) which is not described in section 168(i)(10), and (C) which is not an advanced nuclear power facility, as defined in subsection (d)(1) of section 45J, or which has not received an allocation under subsection (b) of such section. (2) Reduction amount (A) In general For purposes of this section, the term reduction amount means, with respect to any qualified nuclear power facility for any taxable year, the amount equal to the lesser of— (i) the amount determined under subsection (a)(1), or (ii) the amount equal to 80 percent of the excess of— (I) subject to subparagraph (B), the gross receipts from any electricity produced by such facility and sold to an unrelated person during such taxable year, over (II) the amount equal to the product of— (aa) 2.5 cents, multiplied by (bb) the amount determined under subsection (a)(1)(B). (B) Treatment of certain receipts (i) In general The amount determined under subparagraph (A)(ii)(I) shall include any amount received by the taxpayer during the taxable year with respect to the qualified nuclear power facility from a zero-emission credit program unless the amount received by the taxpayer is subject to reduction— (I) by the full amount of the credit determined under this section, or (II) by any lesser amount if such amount entirely offsets the amount received from a zero-emission credit program. (ii) Zero-emission credit program For purposes of this subparagraph, the term zero-emission credit program means any State or local government program that provides payments to a qualified nuclear power facility for, in whole or in part, the zero-emission, zero-carbon, or air quality attributes of any portion of the electricity produced by such facility. (3) Electricity For purposes of this section (with the exception of subsection (d)(3)), the term electricity means the energy produced by a qualified nuclear power facility from the conversion of nuclear fuel into electric power. (c) Election for direct payment (1) In general In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any portion of the credit which would (without regard to this subsection) be determined under subsection (a) with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to the amount of such portion. (2) Timing The payment described in paragraph (1) shall be treated as made on the later of the due date of the return of tax for the taxable year or the date on which such return is filed. (3) Exclusion from gross income Gross income of the taxpayer shall be determined without regard to this subsection. (4) Denial of double benefit Solely for purposes of section 38, in the case of a taxpayer making an election under this subsection, the credit determined under subsection (a) shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election. (5) Exclusion of tax-exempt entities This subsection shall not apply to any entity described in section 168(h)(2). (d) Other rules (1) Inflation adjustment In the case of calendar years beginning after 2021, the 1.5 cent amount in subsection (a)(1)(A) and the 2.5 cent amount in subsection (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), as applied by substituting calendar year 2020 for calendar year 1992 in subparagraph (B) thereof) for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (2) Special rules Rules similar to the rules of paragraphs (1), (3), (4), and (5) of section 45(e) shall apply for purposes of this section. (3) Phaseout of credit If the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from electricity production in the United States for a calendar year are equal to or less than 50 percent of the annual greenhouse gas emissions from electricity production in the United States for calendar year 2020, the amount of the credit determined under the subsection (a) shall be reduced by an amount equal to the product of— (A) the amount of credit determined under the subsection (a), as determined before application of this paragraph, multiplied by (B) an amount (expressed as a percentage) equal to twice the percentage amount that the percentage determined by the Secretary pursuant to this paragraph exceeds 50 percent. (4) Ultimate purchaser For purposes of this section, electricity produced by the taxpayer will be treated as sold to an unrelated person if the ultimate purchaser of such electricity is unrelated to such taxpayer. (e) Recapture (1) In general The Secretary, in consultation with the Secretary of Energy and the Secretary of Labor, shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) for any taxable year if the Secretary determines that— (A) any contractor or subcontractor has failed to pay a laborer or mechanic employed by the contractor or subcontractor in the performance of any construction, repair, alteration, or maintenance with respect to the qualified nuclear power facility during such taxable year wages at rates not less than the rates prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, (B) any such contractor or subcontractor has failed to make the records required under paragraph (2) available to the Secretary for the purposes described in such paragraph, or (C) any contractor or subcontractor has failed to satisfy the requirements under subsection (f) during such taxable year. (2) Investigation Upon receipt of a complaint or its own initiative, the Secretary, in consultation with the Secretary of Energy and the Secretary of Labor, shall request and review the payroll records of contractors and subcontractors engaged in the performance of any construction, repair, alteration, or maintenance with respect to a qualified nuclear power facility, and interview individuals employed by such contractors and subcontractors, to determine whether the requirements of paragraph (1)(A) and (1)(C) have been met. (3) Administration and enforcement With respect to the administration and enforcement of the standards in paragraph (1)(A) and (1)(C), 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. (f) Use of qualified apprentices (1) In general All contractors and subcontractors engaged in the performance of construction, repair, alteration, or maintenance with respect to the qualified nuclear power facility shall, subject to paragraph (2), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices. (2) Apprentice-to-journeyworker ratio The requirement under paragraph (1) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. (3) Participation Each contractor and subcontractor who employs 4 or more individuals to perform construction, repair, alteration, or maintenance with respect to the qualified nuclear power facility shall employ 1 or more qualified apprentices to perform such work. (4) Exception Notwithstanding any other provision in this subsection, this section shall not apply in the case of a taxpayer who— (A) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, repair, alteration, or maintenance; and (B) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subsection. (5) Definitions In this subsection: (A) Labor hours The term labor hours — (i) means the total number of hours devoted to the performance of construction, repair, alteration, or maintenance by employees of the contractor or subcontractor; and (ii) excludes any hours worked by— (I) foremen; (II) superintendents; (III) owners; or (IV) persons employed in a bona fide executive, administrative, or professional capacity (within the meaning of those terms in part 541 of title 29, Code of Federal Regulations). (B) Qualified apprentice The term qualified apprentice means an individual who is an employee of the contractor or subcontractor and who is participating in a registered apprenticeship program, as defined in section 3131(e)(3)(B). (g) Termination This section shall not apply to taxable years beginning after December 31, 2031. . (b) Conforming amendments (1) Section 38(b) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (32), by striking plus at the end, (B) in paragraph (33), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (34) the zero-emission nuclear power production credit determined under section 45U(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45U. Zero-emission nuclear power production credit. . (c) Report Not later than January 1, 2025, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allowed for qualified nuclear power facilities under section 45U of the Internal Revenue Code of 1986 (as added by subsection (a)), which shall include— (1) an evaluation of the effectiveness of the credits allowed under such section in regards to ensuring grid reliability while avoiding emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants; (2) a quantification of the ratepayer savings achieved as a result of the credits allowed under such section; and (3) any recommendations to renew or expand the credits allowed under such section. (d) Effective date This section shall apply to electricity produced and sold after December 31, 2021, in taxable years beginning after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s2291is/xml/BILLS-117s2291is.xml |
117-s-2292 | II 117th CONGRESS 1st Session S. 2292 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Daines (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of Homeland Security to study the potential consequences and benefits of amending the Computer Fraud and Abuse Act to allow private companies to take proportional actions in response to an unlawful network breach.
1. Short title This Act may be cited as the Study on Cyber-Attack Response Options Act . 2. Study relating to consequences and benefits of amending the CFAA (a) Study The Secretary of Homeland Security, in consultation with other Federal agencies as appropriate, shall conduct a study on the potential benefits and risks of amending section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act ), to allow private entities to take proportional actions in response to an unlawful network breach, subject to oversight and regulation by a designated Federal agency. (b) Report (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report on the findings of the study conducted under subsection (a), including any recommendations, to Congress. (2) Required contents The report required under paragraph (1) shall— (A) address any impact on national security and foreign affairs; and (B) include recommendations for— (i) which Federal agency or agencies may authorize proportional actions by private entities; (ii) what level of certainty regarding the identity of the attacker is needed before such actions would be authorized; (iii) which entities would be allowed to take such actions and under what circumstances; (iv) what actions would be permissible; and (v) what safeguards should be in place. | https://www.govinfo.gov/content/pkg/BILLS-117s2292is/xml/BILLS-117s2292is.xml |
117-s-2293 | II 117th CONGRESS 1st Session S. 2293 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide certain employment rights to reservists of the Federal Emergency Management Agency, and for other purposes.
1. Short title This Act may be cited as the Civilian Reservist Emergency Workforce Act of 2021 or the CREW Act . 2. Personnel performing service responding to presidentially declared major disasters and emergencies Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5149 ) is amended by adding at the end the following: (d) Personnel performing service responding to disasters and emergencies (1) USERRA Employment and Reemployment Rights The Administrator shall, in a manner similar to the program described in chapter 43 of title 38, United States Code, afford protections, rights, benefits, and obligations to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service. (2) Notice of absence from position of employment Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service shall be considered preclusion by military necessity for purposes the protections, rights, benefits, and obligations afforded under paragraph (1) pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding. . | https://www.govinfo.gov/content/pkg/BILLS-117s2293is/xml/BILLS-117s2293is.xml |
117-s-2294 | II 117th CONGRESS 1st Session S. 2294 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Sullivan (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require an independent assessment with respect to the Arctic region and establishment of Arctic Security Initiative, and for other purposes.
1. Short title This Act may be cited as the Arctic Security Initiative Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) the security, stability, and prosperity of the Arctic region are vital to the national interests of the United States; (2) the United States should posture a military capability in the region that is able to project power, deter acts of aggression, and respond, if necessary, to threats within and arising from the Arctic region; (3) the defense of the United States and its allies from the People's Republic of China, the Russian Federation, the Democratic People's Republic of Korea, and any other aggressor remains a top priority; (4) persistent efforts by the Department of Defense to realign United States forces in the Arctic region, and commit additional assets to and increase investments in the Arctic region, are necessary to maintain a robust United States commitment to the Arctic region; (5) the United States commitment to freedom of navigation and ensuring free access to sea lanes and overflights for the Navy and the Air Force remains a core security interest; and (6) the United States should continue to engage in the Arctic region by— (A) strengthening alliances and partnerships; (B) supporting regional institutions and bodies such as the Arctic Council; (C) building cooperative security arrangements; (D) addressing shared challenges; and (E) reinforcing the role of international law, including respect for human rights. 3. Independent assessment (a) In general Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with the Commanders of the United States European Command and the United States Indo-Pacific Command, the military departments, and defense agencies, shall conduct an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (1) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (2) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (3) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (4) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (b) Elements The assessment required by subsection (a) shall include the following: (1) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in subsection (a), which shall be informed by— (A) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— (i) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (ii) use of near-time, mid-time, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; and (iii) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (B) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (C) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and (D) any other matter the Commander of the United States Northern Command determines to be appropriate. (2) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (3) An assessment of capabilities requirements to achieve such objectives. (4) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (5) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (6) An assessment of security cooperation activities or resources required to achieve such objectives. (7) An assessment and recommended changes to the leadership, organization, and management of Arctic policy, strategy, and operations among the combatant commands and military services. (c) Report (1) In general Not later than February 15, 2022, the Commander of United States Northern Command, in consultation and coordination with the Commanders of the United States European Command and the United States Indo-Pacific Command, shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the assessment required by subsection (a). (2) Form The report required by paragraph (1) may be submitted in classified form, but shall include an unclassified summary. (3) Availability Not later than February 15, 2022, the Commander of the United States Northern Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. 4. Arctic Security Initiative (a) In general The Secretary of Defense shall carry out a program of activities to enhance security in the Arctic region, which shall be known as the Arctic Security Initiative (referred to in this section as the Initiative ). (b) Objectives The Initiative’s development and subsequent implementation shall be— (1) consistent with the objectives described in section 3(a); and (2) informed by the assessment required by that section. (c) Activities The Initiative shall carry out the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (1) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (2) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (3) Carry out a program of exercises, wargames, education, training, experimentation, and innovation for the joint force. (4) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (5) Build the defense and security capabilities, capacity, and cooperation of allies and partners. (6) Strengthen Arctic consultative mechanisms and collaborative planning. (d) Five-Year plan for the Initiative (1) In general Not later than April 15, 2022, and each February 15 thereafter, the Secretary of Defense, in consultation with the Commanders of the United States Northern Command, the United States European Command, and the United States Indo-Pacific Command shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (A) A description of the activities and resources for the first fiscal year beginning after the date of on which the report required by section 3(c) is submitted and the plan for not fewer than the four following fiscal years, organized by the activities described in subsection (c). (B) A summary of progress made towards achieving the objectives described in section 3(a). (C) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including through investments in— (i) active and passive defenses against— (I) manned aircraft, surface vessels, and submarines; (II) unmanned naval systems; (III) unmanned aerial systems; and (IV) theater cruise, ballistic, and hypersonic missiles; (ii) advanced long-range precision strike systems; (iii) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (iv) training and test range capacity, capability, and coordination; (v) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (vi) advanced critical munitions; (vii) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (viii) distributed logistics and maintenance capabilities; (ix) strategic mobility assets, including icebreakers; (x) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; (xi) information operations capabilities; (xii) bilateral and multilateral military exercises and training with allies and partners; and (xiii) use of security cooperation authorities to further build partner capacity. (D) A detailed timeline for achieving the requirements identified under subparagraph (C). (E) A detailed explanation of any significant modification to such requirements, as compared to the Commander of the United States Northern Command’s initial independent assessment for the first fiscal year and to plans previously submitted for each subsequent fiscal year. (F) Any other matter the Secretary of Defense considers necessary. (2) Form The plan required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (3) Inclusion in budget materials The Secretary of Defense shall include such plan in the budget materials submitted by the Secretary in support of the budget of the President for fiscal year 2023 (submitted pursuant to section 1105 of title 31, United States Code). 5. General transfer authority Funds may be made available to carry out this Act through the transfer authority provided to the Department of Defense. | https://www.govinfo.gov/content/pkg/BILLS-117s2294is/xml/BILLS-117s2294is.xml |
117-s-2295 | II 117th CONGRESS 1st Session S. 2295 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Crapo (for himself, Mr. Warner , Ms. Collins , Ms. Baldwin , Mr. Daines , Mr. Bennet , Mr. Moran , Mr. Blumenthal , Mr. Toomey , Mr. Booker , Mr. Brown , Ms. Cantwell , Mr. Cardin , Mr. Carper , Mr. Casey , Mr. Coons , Ms. Cortez Masto , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , Mrs. Gillibrand , Ms. Hassan , Mr. Hickenlooper , Ms. Hirono , Mr. Kaine , Ms. Klobuchar , Mr. Leahy , Mr. Luján , Mr. Markey , Mr. Menendez , Mr. Merkley , Mr. Murphy , Mr. Padilla , Mr. Peters , Mr. Reed , Ms. Rosen , Mr. Sanders , Mr. Schatz , Mr. Schumer , Mrs. Shaheen , Ms. Sinema , Ms. Smith , Ms. Stabenow , Mr. Van Hollen , Mr. Warnock , Ms. Warren , Mr. Whitehouse , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes.
1. Short title This Act may be cited as the Prevent All Soring Tactics Act of 2021 or the PAST Act of 2021 . 2. Increased enforcement under Horse Protection Act (a) Definitions Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 ) is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) (A) The term action device means any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can— (i) rotate around the leg or slide up and down the leg, so as to cause friction; or (ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. (B) Such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices. ; and (3) by adding at the end the following new paragraph: (6) (A) The term participate means engaging in any activity with respect to a horse show, horse exhibition, or horse sale or auction, including— (i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; (ii) personally giving instructions to an exhibitor; or (iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. (B) Such term does not include spectating. . (b) Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 ) is amended— (1) in paragraph (3)— (A) by inserting and soring horses for such purposes after horses in intrastate commerce ; and (B) by inserting in many ways, including by creating unfair competition, by deceiving the spectating public and horse buyers, and by negatively impacting horse sales before the semicolon; (2) in paragraph (4), by striking and at the end; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; (7) historically, Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses have been subjected to soring; and (8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act continue to be prevalent in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse breeds. . (c) Horse shows and exhibitions Section 4 of the Horse Protection Act ( 15 U.S.C. 1823 ) is amended— (1) in subsection (a)— (A) by striking appointed and inserting licensed ; and (B) by adding at the end the following new sentences: In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. In the second instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than one year. In the third instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than three years. ; (2) in subsection (b) by striking appointed and inserting licensed ; (3) by striking subsection (c) and inserting the following new subsection: (c) (1) (A) The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. (B) No person shall be issued a license under this subsection unless such person is free from conflicts of interest, as defined by the Secretary in the regulations issued under subparagraph (A). (C) If the Secretary determines that the performance of a person licensed in accordance with subparagraph (A) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to such person. (D) In issuing licenses under this subsection, the Secretary shall give a preference to persons who are licensed or accredited veterinarians. (E) Licensure of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary’s representative) under subsection (e). (2) (A) Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of such show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire a person or persons licensed under this subsection and assigned by the Secretary to conduct inspections at such show, exhibition, or sale or auction. (B) After such notification, the Secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. (3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation. ; and (4) by adding at the end the following new subsection: (f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act. . (d) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 ) is amended— (1) in paragraph (2)— (A) by striking or (C) respecting and inserting (C), or (D) respecting ; and (B) by striking and (D) and inserting (D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E) ; (2) in paragraph (3), by striking appoint and inserting hire ; (3) in paragraph (4)— (A) by striking appoint and inserting hire ; and (B) by striking qualified ; (4) in paragraph (5), by striking appointed and inserting hired ; (5) in paragraph (6)— (A) by striking appointed and inserting hired ; and (B) by inserting that the horse is sore after the Secretary ; and (6) by adding at the end the following new paragraphs: (12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. (13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that— (A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; (B) is constructed to artificially alter the gait of such a horse; and (C) is not strictly protective or therapeutic in nature. . (e) Violations and penalties Section 6 of the Horse Protection Act ( 15 U.S.C. 1825 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5 and inserting Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e) ; and (ii) by striking more than $3,000, or imprisoned for not more than one year, or both. and inserting more than $5,000, or imprisoned for not more than three years, or both, for each such violation. ; (B) in paragraph (2)— (i) by striking subparagraph (A); (ii) by striking (2) ; and (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: (4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking section 5 of this Act and inserting section 5 or the regulations issued under such section ; and (ii) by striking $2,000 and inserting $4,000 ; and (B) by adding at the end the following new paragraph: (5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation. ; and (3) in subsection (c)— (A) in the first sentence— (i) by inserting , or otherwise participating in any horse show, horse exhibition, or horse sale or auction before for a period of not less than one year ; and (ii) by striking any subsequent and inserting the second ; (B) by inserting before Any person who knowingly fails the following: For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction). ; and (C) by striking $3,000 each place it appears and inserting $5,000 . (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act ( 15 U.S.C. 1823(c) ), as amended by subsection (c)(3). (g) Severability If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s2295is/xml/BILLS-117s2295is.xml |
117-s-2296 | II 117th CONGRESS 1st Session S. 2296 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Warner (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Northern Neck National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Northern Neck National Heritage Area Act . 2. Definitions In this Act: (1) Heritage area The term Heritage Area means the Northern Neck National Heritage Area established by section 3(a). (2) Local coordinating entity The term Local Coordinating Entity means the local coordinating entity for the Heritage Area designated by section 3(c). (3) Management plan The term management plan means the management plan for the Heritage Area prepared under section 5(a). (4) Map The term map means the map entitled Northern Neck National Heritage Area Feasibility Study , as included on page 87 of the feasibility study prepared by the National Park Service entitled Northern Neck National Heritage Area Feasibility Study and dated June 2020. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Virginia. 3. Establishment of Northern Neck National Heritage Area (a) In general There is established in the State the Northern Neck National Heritage Area, as depicted on the map, to be administered in accordance with this Act. (b) Boundaries The Heritage Area shall include land between the Potomac River and Rappahannock River of the eastern coastal region of the State, including King George, Lancaster, Northumberland, Richmond, and Westmoreland Counties, the boundaries of which are depicted on the map. (c) Local coordinating entity The Northern Neck Tourism Commission, a working committee of the Northern Neck Planning District Commission, shall serve as the local coordinating entity for the Heritage Area. 4. Administration (a) Authorities For purposes of carrying out the management plan, the Secretary (acting through the Local Coordinating Entity) may use amounts made available under section 9— (1) to make grants to the State, political subdivisions of the State, Indian Tribes, nonprofit organizations, and other entities; (2) to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, Indian Tribes, nonprofit organizations, and other interested persons; (3) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection and heritage programming; (4) to obtain money or services from any source, including any money or services that are provided under any other Federal law or program; (5) to contract for goods or services; and (6) to undertake any other activity that— (A) furthers the purposes of the Heritage Area; and (B) is consistent with the approved management plan. (b) Duties The Local Coordinating Entity shall— (1) assist Federal agencies, the State, political subdivisions of the State, Indian Tribes, regional planning organizations, nonprofit organizations, and other interested persons in carrying out the approved management plan by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among the Federal Government, State, Tribal, and local governments, organizations, and individuals to further the purposes of the Heritage Area; (2) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (3) conduct meetings open to the public not less frequently than semiannually regarding the development and implementation of the management plan; (4) for any year that Federal funds have been received under this subsection— (A) submit to the Secretary an annual report that describes the activities, expenses, and income of the Local Coordinating Entity (including grants to any other entities during the period covered by the report); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (5) encourage, by appropriate means and consistent with the purposes of the Heritage Area, the economic viability of the Heritage Area. (c) Prohibition on the acquisition of real property The Local Coordinating Entity shall not use Federal funds made available under section 9 to acquire real property or any interest in real property. 5. Management plan (a) In general Not later than 3 years after the date on which funds are first made available to carry out this Act, the Local Coordinating Entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan shall— (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration other applicable Federal, State, local, and Tribal plans and treaty rights; (3) include— (A) an inventory of— (i) the resources located in the Heritage Area; and (ii) any other property in the Heritage Area that— (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (C) a description of activities that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to carry out to protect the natural, historical, cultural, scenic, and recreational resources of the Heritage Area; (D) a program of implementation for the management plan by the Local Coordinating Entity that includes a description of— (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the Local Coordinating Entity or any unit of government, organization, or individual for the first 5 years of operation of the Heritage Area; (E) the identification of sources of funding to implement the management plan; (F) analysis and recommendations for means by which Federal, State, local, and Tribal programs (including the role of the National Park Service in the Heritage Area) may carry out the purposes of this Act; (G) an interpretive plan for the Heritage Area; and (H) recommended policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the Local Coordinating Entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary approves the management plan. (d) Approval or disapproval of management plan (1) In general Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan. (2) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (A) the Local Coordinating Entity is representative of the diverse interests of the Heritage Area, including the Federal Government, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the Local Coordinating Entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval If the Secretary disapproves the management plan under paragraph (1), the Secretary shall— (A) advise the Local Coordinating Entity in writing of the reasons for the disapproval; (B) make recommendations to the Local Coordinating Entity for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the Local Coordinating Entity, approve or disapprove the proposed revision. (4) Amendments (A) In general The Secretary shall approve or disapprove each amendment of the management plan that the Secretary determines makes a substantial change to the management plan. (B) Use of funds The Local Coordinating Entity shall not use Federal funds authorized under section 9 to carry out any amendment to the management plan until the date on which the Secretary has approved the amendment. 6. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the Local Coordinating Entity to the maximum extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 7. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner— (A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or (B) to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency; (4) conveys any land use or other regulatory authority to the Local Coordinating Entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) enlarges or diminishes the treaty rights of any Indian Tribe within the Heritage Area; (7) diminishes— (A) the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting, within the Heritage Area; or (B) the authority of Indian Tribes to regulate members of Indian Tribes with respect to fishing, hunting, and gathering in the exercise of treaty rights; or (8) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 8. Evaluation and report (a) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the Local Coordinating Entity with respect to— (A) accomplishing the purposes of the Heritage Area; and (B) achieving the goals and objectives of the approved management plan; (2) analyze the investments of the Federal Government, State, Tribal, and local governments, and private entities in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. 9. Authorization of appropriations (a) In general There is authorized to be appropriated for the Heritage Area to carry out the purposes of this Act $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year. (b) Availability Amounts made available under subsection (a) shall remain available until expended. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of any activity under this Act shall be not more than 50 percent. (2) Form The non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of goods or services fairly valued. (d) Termination of authority The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2296is/xml/BILLS-117s2296is.xml |
117-s-2297 | II 117th CONGRESS 1st Session S. 2297 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Risch (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To improve global health, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the International Pandemic Preparedness and COVID–19 Response Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Purpose. TITLE I—Enhancing the United States international response to COVID–19 and future pandemics Sec. 101. Statement of policy regarding international cooperation to end the COVID–19 pandemic. Sec. 102. Oversight of United States foreign assistance to end the COVID–19 pandemic. Sec. 103. United States contributions to the Global Fund to Fight AIDS, Tuberculosis, and Malaria COVID–19 response mechanism. Sec. 104. Global COVID–19 vaccine distribution and delivery. Sec. 105. Leveraging United States bilateral global health programs for the international COVID–19 response. Sec. 106. Report on humanitarian response to the COVID–19 pandemic. Sec. 107. Safeguarding democracy and human rights during the COVID–19 pandemic. Sec. 108. Public diplomacy and combating disinformation and misinformation about COVID–19. Sec. 109. Findings and sense of Congress regarding the United States International Development Finance Corporation. Sec. 110. Sense of Congress regarding international cooperation to prevent and respond to future pandemics. Sec. 111. Roles of the Department of State, the United States Agency for International Development, and the Centers for Disease Control and Prevention in pandemic response. Sec. 112. USAID disaster surge capacity. Sec. 113. Statement of policy on humanitarian assistance to countries affected by pandemics. TITLE II—International pandemic prevention and preparedness Sec. 201. Partner country defined. Sec. 202. Global health security strategy and report. Sec. 203. Committee on Global Health Security and Pandemic and Biological Threats. Sec. 204. United States overseas global health security and diplomacy coordination and strategy. Sec. 205. Resilience. Sec. 206. Strengthening health systems. Sec. 207. Additional authorities. Sec. 208. Authorization for United States participation in the Coalition for Epidemic Preparedness Innovations. Sec. 209. National intelligence estimate and briefing regarding novel diseases and pandemic threats. Sec. 210. Pandemic early warning network. Sec. 211. International emergency operations. TITLE III—Financing mechanism for global health security and pandemic prevention and preparedness Sec. 301. Eligible partner country defined. Sec. 302. Establishment of Fund for Global Health Security and Pandemic Prevention and Preparedness. Sec. 303. Authorities. Sec. 304. Administration. Sec. 305. Advisory Board. Sec. 306. Reports to Congress. Sec. 307. United States contributions. Sec. 308. Compliance with the Foreign Aid Transparency and Accountability Act of 2016. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Appropriations of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Appropriations of the House of Representatives . (2) Global health security agenda; GHSA The terms Global Health Security Agenda and GHSA mean the multi-sectoral initiative launched in 2014 and renewed in 2017 that brings together countries, regions, international organizations, nongovernmental organizations, and the private sector to elevate global health security as a national-level priority, to share best practices, and to facilitate national capacity to comply with and adhere to— (A) the International Health Regulations (2005); (B) the World Organisation for Animal Health international standards and guidelines; (C) United Nations Security Council Resolution 1540 (2004); (D) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow, April 10, 1972 (commonly referred to as the Biological Weapons Convention ); (E) the Global Health Security Agenda 2024 Framework; and (F) other relevant frameworks that contribute to global health security. (3) Global health security index The term Global Health Security Index means the comprehensive assessment and benchmarking of health security and related capabilities across the countries that make up the States Parties to the International Health Regulations (2005). (4) Global health security initiative The term Global Health Security Initiative means the informal network of countries and organizations that came together in 2001 to undertake concerted global action to strengthen public health preparedness and response to chemical, biological, radiological, and nuclear threats, as well as pandemic influenza. (5) Joint external evaluation The term Joint External Evaluation means the World Health Organization-facilitated, voluntary, collaborative, multi-sectoral process to assess country capacity to prevent, detect, and rapidly respond to public health risks occurring naturally or due to deliberate or accidental events, assess progress in achieving the targets under the International Health Regulations (2005), and recommend priority actions. (6) Key stakeholders The term key stakeholders means actors engaged in efforts to advance global health security programs and objectives, including— (A) national and local governments in partner countries; (B) other bilateral donors; (C) international, regional, and local organizations, including private, voluntary, nongovernmental, and civil society organizations; (D) international, regional, and local financial institutions; (E) representatives of historically marginalized groups, including women, youth, and indigenous peoples; (F) the private sector, including medical device, technology, pharmaceutical, manufacturing, logistics, and other relevant companies; and (G) public and private research and academic institutions. (7) One health approach The term One Health approach means the collaborative, multi-sectoral, and transdisciplinary approach toward achieving optimal health outcomes in a manner that recognizes the interconnection between people, animals, plants, and their shared environment. (8) Relevant federal departments and agencies The term relevant Federal departments and agencies means any Federal department or agency implementing United States policies and programs relevant to the advancement of United States global health security and diplomacy overseas, which may include— (A) the Department of State; (B) the United States Agency for International Development; (C) the Department of Health and Human Services; (D) the Centers for Disease Control and Prevention; (E) the National Institutes of Health; (F) the Department of the Treasury; (G) the Department of Agriculture; (H) the Department of Defense; (I) the Defense Threat Reduction Agency; (J) the Millennium Challenge Corporation; (K) the Development Finance Corporation; (L) the Peace Corps; and (M) any other department or agency that the President determines to be relevant for these purposes. (9) Resilience The term resilience means the ability of people, households, communities, systems, institutions, countries, and regions to reduce, mitigate, withstand, adapt to, and quickly recover from stresses and shocks in a manner that reduces chronic vulnerability and facilitates inclusive growth. 3. Purpose The purpose of this Act is to accelerate and enhance the United States international response to pandemics, including the COVID–19 pandemic, and to operationalize lessons learned from current and prior emergency responses in a manner that— (1) advances the global health security and diplomacy objectives of the United States; (2) improves coordination among the relevant Federal departments and agencies implementing United States foreign assistance for global health security; and (3) more effectively enables partner countries to strengthen and sustain resilient health systems and supply chains with the resources, capacity, and personnel required to prevent, prepare for, detect, and respond to infectious disease threats before they become pandemics. I Enhancing the United States international response to COVID–19 and future pandemics 101. Statement of policy regarding international cooperation to end the COVID–19 pandemic It shall be the policy of the United States to lead and implement a comprehensive and coordinated international response to end the COVID–19 pandemic in a manner that recognizes the critical role that multilateral and regional organizations can and should play in pandemic response, including by— (1) seeking adoption of a United Nations Security Council resolution that— (A) declares pandemics, including the COVID–19 pandemic, to be a threat to international peace and security; and (B) urges member states to address this threat by aligning their health preparedness plans with international best practices and those established by the Global Health Security Agenda to improve country capacity to prevent, detect, and respond to infectious disease threats; (2) advancing efforts to reform the World Health Organization so that it serves as an effective normative and capable coordinating body empowered to align member countries around a single strategic operating plan to detect, contain, treat, and deter the further spread of COVID–19; (3) providing timely, appropriate levels of financial support to United Nations agencies responding to the COVID–19 pandemic; (4) prioritizing United States foreign assistance for the COVID–19 response in the most vulnerable countries and regions; (5) encouraging other donor governments to similarly increase contributions to the United Nations agencies responding to the COVID–19 pandemic in the world’s poorest and most vulnerable countries; (6) working with key stakeholders to accelerate progress toward meeting and exceeding, as practicable, the global COVID–19 vaccination goals jointly proposed by the International Monetary Fund, the World Health Organization, the World Bank, and the World Trade Organization, whereby— (A) at least 40 percent of the population in all countries is vaccinated by the end of 2021; and (B) at least 60 percent of the population in all countries is vaccinated by the first half of 2022; (7) engaging with key stakeholders, including through multilateral facilities such as the COVID–19 Vaccines Global Access initiative (referred to in this title as COVAX ) and the Access to COVID–19 Tools (ACT) Accelerator initiative, and expanding bilateral efforts, including through the International Development Finance Corporation, to accelerate the development, manufacturing, local production, and efficient and equitable distribution of— (A) vaccines and related raw materials to meet or exceed the vaccination goals under paragraph (6); and (B) global health commodities, including personal protective equipment, test kits, medicines and therapeutics, and other essential supplies to combat COVID–19; (8) supporting global COVID–19 vaccine distribution strategies that strengthen underlying health systems and ensure that people living in vulnerable and marginalized communities, including women, do not face undue barriers to vaccination; (9) working with key stakeholders, including through the World Bank Group, the International Monetary Fund, the World Trade Organization, the International Finance Corporation, and other relevant regional and bilateral financial institutions, to address the economic and financial implications of the COVID–19 pandemic, while taking into account the differentiated needs of disproportionately affected, vulnerable, and marginalized populations; (10) establishing clear timelines, benchmarks, and goals for COVID–19 response strategies and activities under this section; and (11) generating commitments of resources in support of the goals referred to in paragraph (10). 102. Oversight of United States foreign assistance to end the COVID–19 pandemic (a) Reporting requirements Not later than 60 days after the date of the enactment of this Act, the Secretary of State and the Administrator for the United States Agency for International Development shall jointly submit to the appropriate congressional committees— (1) an unclassified report containing a description of funds already obligated and expended under title X of the American Rescue Plan Act of 2021 ( Public Law 117–2 ); and (2) a plan that describes the objectives and timeline for the obligation and expenditure of all remaining funds appropriated under the American Rescue Plan Act of 2021 , which shall be submitted in an unclassified form, and should include a description of steps taken pursuant to each objective specified in the plan. (b) Congressional consultation Not less frequently than once every 60 days, until the completion or termination of the implementation plan required under subsection (a)(2), and upon the request from one or more of the appropriate congressional committees, the Secretary of State and the Administrator for the United States Agency for International Development shall provide a briefing to the appropriate congressional committees regarding the report required under subsection (a)(1) and the status of the implementation of the plan required under subsection (a)(2). (c) Branding In providing assistance under this title, the Secretary of State and the Administrator of the United States Agency for International Development, with due consideration for the safety and security of implementing partners and beneficiaries, and pursuant to current branding and marking regulations and procedures shall prescribe the use of logos or other insignia, which may include the flag of the United States, to appropriately identify such assistance as being from the people of the United States. 103. United States contributions to the Global Fund to Fight AIDS, Tuberculosis, and Malaria COVID–19 response mechanism (a) United States contributions to the Global Fund To Fight AIDS, Tuberculosis, and Malaria COVID–19 response mechanism United States contributions to the Global Fund to Fight AIDS, Tuberculosis, and Malaria COVID–19 Response Mechanism under section 10003(a)(2) of the American Rescue Plan Act of 2021 ( Public Law 107–2 )— (1) shall be meaningfully leveraged in a manner that incentivizes other public and private donor contributions; and (2) shall be subject to the reporting and withholding requirements under subsections (c), (d)(4)(A)(ii), (d)(4)(C), (d)(5), (d)(6), (f), and (g) of section 202 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7622 ). 104. Global COVID–19 vaccine distribution and delivery (a) Accelerating global vaccine distribution strategy The Secretary of State, in consultation with the Secretary of Health and Human Services, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the heads of other relevant Federal departments and agencies, as determined by the President, shall develop a strategy to expand access to, and accelerate the global distribution of, COVID–19 vaccines to other countries, which shall— (1) identify the countries that have the highest infection and death rates due to COVID–19, the lowest COVID–19 vaccination rates, and face the most difficult, political, logistical, and financial challenges to obtaining and delivering COVID–19 vaccines, and describe the basis and metrics used to make such determinations; (2) identify which countries and regions will be prioritized and targeted for COVID–19 vaccine delivery, and the rationale for such prioritization; (3) describe efforts that the United States is making to increase COVID–19 vaccine manufacturing capacity, including through the provision of development finance, and estimate when, how many, and which types of vaccines will be provided by the United States Government bilaterally and through COVAX; (4) describe efforts to encourage international partners to take actions similar to the efforts referred to in paragraph (3); (5) describe how the United States Government will ensure efficient delivery of COVID–19 vaccines to intended recipients, including United States citizens residing overseas, and identify complementary United States foreign assistance that will facilitate vaccine readiness, distribution, delivery, monitoring, and administration activities; (6) describe the roles, responsibilities, tasks, and, as appropriate, the authorities of the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, the Chief Executive Officer of the United States International Development Finance Corporation, and the heads of other relevant Federal departments and agencies with respect to the implementation of such strategy; and (7) summarize the United States public diplomacy strategies for branding and addressing vaccine misinformation and hesitancy. (b) Submission of strategy Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit the strategy described in subsection (a) to the appropriate congressional committees. 105. Leveraging United States bilateral global health programs for the international COVID–19 response (a) Authorization for leveraging bilateral program activities Amounts authorized to be appropriated or otherwise made available to carry out section 104 of the Foreign Assistance Act ( 22 U.S.C. 2151b ) may be used in countries receiving United States foreign assistance— (1) to combat the COVID–19 pandemic, including through the sharing of COVID–19 vaccines; and (2) to support related activities, including— (A) strengthening vaccine readiness; (B) reducing vaccine hesitancy and misinformation; (C) delivering and administering COVID–19 vaccines; (D) strengthening health systems and supply chains; (E) supporting health care workforce planning, training, and management; (F) enhancing transparency, quality, and reliability of health data; (G) increasing bidirectional testing; and (H) building lab capacity. (b) Adjustment of targets and goals The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit an annual report to the appropriate congressional committees that identifies— (1) any adjustments to original program targets and goals that result from the use of funds for the purposes authorized under subsection (a); and (2) the amounts needed in the following fiscal year to meet the original program goals. 106. Report on humanitarian response to the COVID–19 pandemic (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees that— (1) assesses the global humanitarian response to COVID–19; and (2) outlines specific elements of the United States Government’s country-level response to the COVID–19 pandemic. (b) Elements The report required under subsection (a) shall include— (1) for countries receiving United States assistance, a description of humanitarian and health-worker access to crisis-affected areas, including— (A) legal and bureaucratic restrictions on the entry of humanitarian workers from abroad, to include visa authorizations that do not allow adequate time for humanitarian workers to quarantine upon arrival in-line with host country regulations, conduct needs assessments, and subsequently implement multilateral and United States-funded programming in an efficient, effective, and unrestricted manner; (B) restrictions on travel by humanitarian workers within such country to reach the areas of operation where vulnerable and marginalized populations reside; (C) access to medical evacuation in the event of a health emergency; (D) access to personal protective equipment for United States Government implementing partners; and (E) efforts to support access to COVID–19 vaccines for humanitarian and health-workers and crisis-affected communities; (2) an analysis and description of countries (regardless of whether such countries have received direct United States assistance) that have expressly prevented vulnerable populations from accessing necessary assistance related to COVID–19, including— (A) the omission of vulnerable populations from national response plans; (B) laws, policies, or practices that restrict or preclude treatment of vulnerable populations at public hospitals and health facilities; and (C) exclusion of, or discrimination against, vulnerable populations in law, policy, or practice that prevents equal access to food, shelter, and other basic assistance; (3) a description of United States Government efforts to facilitate greater humanitarian access, including— (A) advocacy and diplomatic efforts with relevant foreign governments and multilateral institutions to ensure that vulnerable and marginalized populations are included in national response plans and other relevant plans developed in response to the COVID–19 pandemic; and (B) advocacy and diplomatic efforts with relevant foreign governments to ensure that appropriate visas, work permits, and domestic travel exemptions are issued for humanitarian and health workers responding to the COVID–19 pandemic; and (4) a description of United States Government plans and efforts to address the second-order impacts of the COVID–19 pandemic and an assessment of the resources required to implement such plans, including efforts to address— (A) famine and acute food insecurity; (B) gender-based violence; (C) mental health and psychosocial support needs; (D) child protection needs; (E) health, education, and livelihoods; (F) shelter; and (G) attempts to close civil society space, including through bureaucratic, administrative, and health or security related impediments. 107. Safeguarding democracy and human rights during the COVID–19 pandemic (a) Sense of Congress It is the sense of Congress that— (1) governments may be required to take appropriate extraordinary measures during public health emergencies to halt the spread of disease, including closing businesses and public events, limiting access to public spaces, and restricting the movement of people; (2) certain foreign governments have taken measures in response to COVID–19 that violate the human rights of their citizens without clear public health justification, oversight measures, or sunset provisions; (3) governments using the COVID–19 pandemic as a pretext for repression have undermined democratic institutions, debilitated institutions for transparency and public integrity, quashed legitimate dissent, and attacked journalists, civil society organizations, activists, independent voices, and vulnerable and marginalized populations, including refugees and migrants, with far-reaching consequences that will extend beyond the current crisis; (4) COVID–19 threatens to roll back decades of progress for women and girls, disproportionately affecting women economically, educationally, and with respect to health, while also leading to alarming rises in gender based violence; and (5) during and after the pandemic, the Department of State and the United States Agency for International Development should directly, and through nongovernmental organizations or international organizations, provide assistance and implement programs that support democratic institutions, civil society, free media, and the advancement of internationally recognized human rights. (b) Funding for civil society and human rights defenders (1) Program priorities Amounts made available for each of the fiscal years 2022 through 2026 to carry out the purposes of sections 101 and 102 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and 2151–1), including programs to support democratic institutions, human rights defenders, civil society, and freedom of the press, should be targeted, to the extent feasible, toward civil society organizations in countries in which emergency government measures taken in response to the COVID–19 pandemic have violated internationally recognized human rights. (2) Eligible organizations Civil society organizations operating in countries in which emergency government measures taken in response to the COVID–19 pandemic violated internationally recognized human rights shall be eligible to receive funds made available to carry out the purposes of sections 101 and 102 of the Foreign Assistance Act of 1961 for each of the fiscal years 2022 through 2026, for— (A) programs designed to strengthen and support civil society, human rights defenders, freedom of association, and the freedom of the press; (B) programs to restore democratic institutions; and (C) peacebuilding and conflict prevention to address the impacts of COVID–19 on social cohesion, public trust, and conflict dynamics by adapting existing programs or investing in new ones. (3) Final report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that— (A) lists the countries whose emergency measures limiting internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation remain in place; (B) describes such countries’ emergency measures, including— (i) how such procedures violate internationally recognized human rights; and (ii) an analysis of the impact of such measures on access to health and efforts to control the COVID–19 pandemic within the country; (C) describes— (i) security and intelligence surveillance measures implemented by countries during the COVID–19 pandemic; (ii) the extent to which such measures have been, or have not been, rolled back; and (iii) whether and how such measures impact internationally recognized human rights; and (D) includes a strategic plan by the Department of State and the United States Agency for International Development that addresses, through multilateral and bilateral diplomacy and foreign assistance, the persistent issues related to the restriction of internationally recognized human rights in the COVID–19 response. 108. Public diplomacy and combating disinformation and misinformation about COVID–19 (a) United States Agency for Global Media (1) Finding Congress finds that the United States Agency for Global Media (referred to in this section as USAGM ) broadcasting entities and grantees have proven valuable in providing timely and accurate information, particularly in countries in which the free press is under threat. (2) Sense of congress It is the sense of Congress that— (A) accurate, investigative, and scientific journalism is critical for societies to effectively combat global health threats; and (B) Congress supports— (i) accurate and objective investigative and scientific reporting by USAGM networks and grantees regarding COVID–19; and (ii) platforms that help dispel and combat misinformation about the COVID–19 pandemic. (3) Voice of america It is the sense of Congress that amounts authorized to be appropriated or otherwise made available to Voice of America should be used— (A) to expand programs such as POLYGRAPH.info; (B) to provide critical tools for combating propaganda associated with COVID–19; and (C) to assist journalists in providing accurate information to local media outlets. (4) Office of cuba broadcasting It is the sense of Congress that Radio Televisión Martí and Digital Martí should continue to broadcast programs that detect, highlight, and dispel disinformation. (5) Radio free europe/radio liberty (A) Finding Congress finds that Radio Free Europe/Radio Liberty (referred to in this section as RFE/RL ) operate in media markets in which authoritarian state and nonstate actors, including Russia, heavily invest in misinformation and disinformation campaigns designed to promote confusion and mistrust. (B) Sense of congress It is the sense of Congress that RFE/RL should— (i) increase investigative reporting regarding the impacts of COVID–19, the political and social responses governments are taking in response to COVID–19, and the lasting impacts such actions will have on key political freedoms; and (ii) expand its digital first strategy. (6) Radio free asia (A) Finding Congress finds that Radio Free Asia (RFA) operates in a media market dominated by powerful state-run media that have invested heavily in media distortion and disinformation, including about COVID–19. (B) Sense of congress It is the sense of Congress that RFA should— (i) commission technical experts to bolster efforts to counter social media tools, including bots used by some countries to promote misinformation; (ii) expand digital programming and local coverage to expose China’s media manipulation techniques; and (iii) increase English language content to help counter China’s propaganda directed toward English-speaking audiences. (7) Middle east broadcasting networks (A) Finding Congress finds that the Middle East Broadcasting Networks operate largely in closed media markets in which malign state and nonstate actors remain active. (B) Sense of congress It is the sense of Congress that the Middle East Broadcasting Networks should— (i) continue plans to expand an investigative news unit; and (ii) work to ensure that reporting continues amidst operational challenges on the ground. (8) Open technology fund (A) Finding Congress finds that the Open Technology Fund works to advance internet freedom in repressive environments by supporting technologies that— (i) provide secure and uncensored access to USAGM’s content and the broader internet; and (ii) counter attempts by authoritarian governments to control the internet and restrict freedom online. (B) Sense of congress It is the sense of Congress that the Open Technology Fund should— (i) support a broad range of technologies to respond to increasingly aggressive and sophisticated censorship and surveillance threats and provide more comprehensive and tailored support to USAGM’s networks; and (ii) provide direct assistance to USAGM’s networks to improve the digital security of reporting operations and journalists. (b) Department of state public diplomacy programs (1) Findings Congress finds the following: (A) The Department of State’s public diplomacy programs build global networks that can address shared challenges, such as the COVID–19 pandemic, including through exchanges of researchers, public health experts, and scientists. (B) The programs referred to in subparagraph (A) play a critical role in creating open and resilient information environments where democracies can thrive, as articulated in the 2020 Public Diplomacy Strategic Plan, including by— (i) improving media quality with journalist training and reporting tours; (ii) conducting media literacy programs; and (iii) supporting media access activities. (C) The International Visitor Leadership Program and Digital Communications Network engaged journalists around the world to combat COVID–19 disinformation, promote unbiased reporting, and strengthen media literacy. (D) More than 12,000 physicians holding J–1 visas from 130 countries— (i) are engaged in residency or fellowship training at approximately 750 hospitals throughout the United States, the majority of whom are serving in States that have been the hardest hit by COVID–19; and (ii) throughout the pandemic, have served on the front lines of the medical workforce and in United States university labs researching ways to detect and treat the virus. (2) Visa processing briefing Not later than 30 days after the date of the enactment of this Act, the Assistant Secretary for Consular Affairs shall brief the appropriate congressional committees by providing— (A) a timeline for increasing visa processing capacities at embassies around the world, notably where there are— (i) many American citizens, including dual nationals; and (ii) many visa applicants for educational and cultural exchange programs that promote United States foreign policy objectives and economic stability to small businesses, universities, and communities across the United States; and (B) a detailed plan for using existing authorities to waive in-person appointments and interviews. (3) Global engagement center (A) Finding Congress finds that since the beginning of the COVID–19 pandemic, publications, websites, and platforms associated with China, Russia, and Iran have sponsored disinformation campaigns related to the COVID–19 pandemic, including falsely blaming the United States for the disease. (B) Sense of congress It is the sense of Congress that the Global Engagement Center should continue its efforts to expose and counter state and non-state-sponsored disinformation related to COVID–19, the origins of COVID–19, and COVID–19 vaccinations. 109. Findings and sense of Congress regarding the United States International Development Finance Corporation (a) Findings Congress finds the following: (1) The COVID–19 pandemic is causing a global economic recession, as evidenced by the global economic indicators described in paragraphs (2) through (4). (2) The United Nations Conference on Trade and Development determined that the COVID–19 pandemic pushed the global economy into recession in 2020 on a scale that has not been witnessed since the 1930s. (3) Developed countries are expected to experience a relatively more significant rebound in gross domestic product growth during 2021 than is expected to be experienced in developing countries, leading to concerns about a further expansion in the gap between rich and poor countries, particularly if this trend continues into 2022. (4) Global markets have suffered losses ranging between 5 percent and over 10 percent since the beginning of the pandemic. While markets are recovering in 2021, global job losses and unemployment rates remain high, with— (A) approximately 33,000,000 labor hours have been lost globally (13 per cent of the total hours lost) due to outright unemployment; and (B) an estimated additional 81,000,000 labor hours have been lost due to inactivity or underemployment. (5) Given the prolonged nature of the COVID–19 pandemic, African finance ministers have requested continued efforts to provide— (A) additional liquidity; (B) better market access; (C) more concessional resources; and (D) an extension in the Debt Service Suspension Initiative established by the Group of 20. (b) Sense of Congress It is the sense of Congress that— (1) even when markets begin to recover in the future, it is likely that access to capital will be especially challenging for developing countries, which still will be struggling with the containment of, and the recovery from, the COVID–19 pandemic; (2) economic uncertainty and the inability of individuals and households to generate income are major drivers of political instability and social discord, which creates conditions for insecurity; (3) it is in the security and economic interests of the United States to assist in the economic recovery of developing countries that are made more vulnerable and unstable from the public health and economic impacts of the COVID–19 pandemic; (4) United States foreign assistance and development finance institutions should seek to blunt the impacts of a COVID–19 related economic recession by supporting investments in sectors critical to maintaining economic stability and resilience in low and middle income countries; (5) the need for the United States International Development Finance Corporation’s support for advancing development outcomes in less developed countries, as mandated by the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9601 et seq. ), is critical to ensuring lasting and resilient economic growth in light of the COVID–19 pandemic’s exacerbation of economic hardships and challenges; (6) the United States International Development Finance Corporation should adjust its view of risk versus return by taking smart risks that may produce a lower rate of financial return, but produce significant development outcomes in responding to the economic effects of COVID–19; and (7) to mitigate the economic impacts of the COVID–19 recession, the United States International Development Finance Corporation should use its resources and authorities, among other things— (A) to ensure loan support for small- and medium-sized enterprises; (B) to offer local currency loans to borrowers for working capital needs; (C) to create dedicated financing opportunities for new customers that are experiencing financial hardship due to the COVID–19 pandemic; and (D) to work with other development finance institutions to create co-financing facilities to support customers experiencing hardship due to the COVID–19 pandemic. 110. Sense of Congress regarding international cooperation to prevent and respond to future pandemics It is the sense of Congress that— (1) global pandemic preparedness and response requires international and regional cooperation and action; (2) the United States should lead efforts in multilateral fora, such as the Group of 7, the Group of 20, and the United Nations, by collaborating and cooperating with other countries and international and regional organizations, including the World Health Organization and other key stakeholders, to implement international strategies, tools, and agreements to better prevent, detect, and respond to future infectious disease threats before they become pandemics; and (3) the United States should enhance and expand coordination and collaboration among the relevant Federal departments and agencies, the Food and Agriculture Organization of the United Nations, the World Health Organization, and the World Organization for Animal Health, to advance a One Health approach toward preventing, detecting, and responding to zoonotic threats in the human-animal interface. 111. Roles of the Department of State, the United States Agency for International Development, and the Centers for Disease Control and Prevention in pandemic response (a) Designation of lead agencies for coordination of the United States response to infectious disease outbreaks with severe or pandemic potential In the event of an infectious disease outbreak outside of the United States with pandemic potential, the President should designate agencies to lead specific aspects of the response efforts, including— (1) designating the Department of State to serve as the lead for diplomatic engagement, and related foreign policy efforts, including— (A) enhanced coordination of engagement with multilateral organizations and countries, and mobilization of donor contributions; and (B) support for United States citizens abroad; (2) designating the United States Agency for International Development to serve as the key lead agency for design and implementation of the United States international response, relief, and recovery assistance associated with the potential pandemic outbreak by leading programmatic activities, as necessary and appropriate, including— (A) immediate health, disaster assistance, and humanitarian response needs and prevention and preparedness activities in neighboring at-risk countries; (B) testing, treatment, and assistance with preventative care units and community care facilities; (C) surveillance, case investigation, and rapid response capability; (D) providing supplies, such as personal protective, screening, and treatment equipment; (E) conducting community outreach and communication and mobilization efforts; (F) logistics support; and (G) serving as lead agency for disease outbreak response abroad; and (3) designating the Centers for Disease Control and Prevention to serve as the public health lead for the international response to the potential pandemic outbreak by conducting activities, such as— (A) infection prevention and control, contact tracing, and laboratory surveillance and training; (B) building up, in coordination with the United States Agency for International Development, emergency operation centers; (C) providing education and outreach; and (D) assessing the safety and efficacy of vaccine and treatment candidates in the conduct of clinical trials in affected countries. 112. USAID disaster surge capacity (a) Surge capacity Amounts authorized to be appropriated or otherwise made available to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), including funds made available for Assistance for Europe, Eurasia and Central Asia , may be used, in addition to amounts otherwise made available for such purposes, for the cost (including support costs) of individuals detailed to or employed by the United States Agency for International Development whose primary responsibility is to carry out programs in response to global health emergencies and natural or man-made disasters. (b) Notification Not later than 15 days before making funds available to address man-made disasters pursuant to subsection (a), the Secretary of State or the Administrator of the United States Agency for International Development shall notify the appropriate congressional committees of such action. 113. Statement of policy on humanitarian assistance to countries affected by pandemics (a) Statement of policy It shall be the policy of the United States— (1) to ensure that United States assistance to address pandemics, including the provision of vaccines, reaches vulnerable and marginalized populations, including racial and religious minorities, refugees, internally displaced persons, migrants, stateless persons, women, children, the elderly, and persons with disabilities; (2) to ensure that United States assistance, including development finance, addresses the second order effects of a pandemic, including acute food insecurity; and (3) to protect and support humanitarian actors who are essential workers in preventing, mitigating and responding to the spread of a pandemic among vulnerable and marginalized groups described in paragraph (1), including ensuring that such humanitarian actors— (A) are exempted from unreasonable travel restrictions to ensure that they can effectively provide life-saving assistance; and (B) are prioritized as frontline workers in country vaccine distribution plans. (b) Facilitating effective and safe humanitarian assistance The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should carry out actions that accomplish the policies set forth in subsection (a), including by— (1) taking steps to ensure that travel restrictions implemented to help contain the spread of a pandemic are not applied to individuals authorized by the United States Government to travel to, or reside in, a designated country to provide assistance related to, or otherwise impacted by, an outbreak; (2) approving the usage of foreign assistance funding for the procurement of personal protective equipment by United States Government implementing partners from businesses within or nearby the country receiving foreign assistance on an urgent basis and in a manner consistent with efforts to respond to the spread of a pandemic in the United States; and (3) waiving certain travel restrictions implemented to help contain the spread of a pandemic in order to facilitate the medical evacuation of United States Government implementing partners, regardless of nationality. II International pandemic prevention and preparedness 201. Partner country defined In this title, the term partner country means a foreign country in which the relevant Federal departments and agencies are implementing United States assistance for global health security and pandemic prevention and preparedness under this Act. 202. Global health security strategy and report (a) In general The President shall develop, update, maintain, and advance a comprehensive strategy for improving global health security and pandemic prevention, preparedness, and response that— (1) clearly articulates the policy goals related to pandemic prevention, preparedness, and response, and actions necessary to elevate and strengthen United States diplomatic leadership in global health security and pandemic preparedness, including by building the expertise of the diplomatic corps; (2) improves the effectiveness of United States foreign assistance to prevent, detect, and respond to infectious disease threats, through a One Health approach, including through the advancement of the Global Health Security Agenda, the International Health Regulations (2005), and other relevant frameworks and programs that contribute to global health security and pandemic preparedness; (3) establishes specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans for United States foreign policy and assistance for global health security that promote learning and adaptation and reflect international best practices relating to global health security, transparency, and accountability; (4) establishes transparent means to improve coordination and performance by the relevant Federal departments and agencies and sets out clear roles and responsibilities that reflect the unique capabilities and resources of each such department and agency; (5) establishes mechanisms to improve coordination and avoid duplication of effort among the relevant Federal departments and agencies, partner countries, donor countries, the private sector, multilateral organizations, and other key stakeholders, and ensures collaboration at the country level; (6) supports, and is aligned with, partner country-led, global health security policy and investment plans, developed with input from key stakeholders, as appropriate; (7) prioritizes working with partner countries with— (A) demonstrated need, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, national action plans for health security, Global Health Security Agenda Action Packages, other risk-based assessments, and other complementary or successor indicators of global health security and pandemic preparedness; and (B) demonstrated commitment to transparency, including budget and global health data transparency, complying with the International Health Regulations (2005), investing in domestic health systems, and achieving measurable results; (8) reduces long-term reliance upon United States foreign assistance for global health security by— (A) helping build and enhance community resilience to infectious disease emergencies and threats, such as COVID–19 and Ebola; (B) ensuring that United States global health assistance is strategically planned and coordinated in a manner that contributes to the strengthening of overall health systems and builds the capacity of local organizations and institutions; (C) promoting improved domestic resource mobilization, co-financing, and appropriate national budget allocations for strong health systems, global health security, and pandemic preparedness and response in partner countries; and (D) ensuring partner country ownership of global health security strategies, data, programs, and outcomes; (9) supports health budget and workforce planning in partner countries, including training in public financial management and budget data transparency; (10) works to ensure that— (A) partner countries have national action plans for health security that are developed with input from key stakeholders, including communities and the private sector; and (B) United States foreign assistance for global health security is aligned with existing national action plans for health security in partner countries, developed with input from key stakeholders, including communities and the private sector, to the greatest extent practicable and appropriate; (11) strengthens linkages between complementary bilateral and multilateral foreign assistance programs, including efforts of the World Bank, the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, Gavi, the Vaccine Alliance, and regional health organizations, that contribute to the development of more resilient health systems and supply chains in partner countries with the capacity, resources, and personnel required to prevent, detect, and respond to infectious disease threats; and (12) supports innovation and partnerships with the private sector, health organizations, civil society, nongovernmental organizations, and health research and academic institutions to improve pandemic preparedness and response, including for the prevention and detection of infectious disease, and the development and deployment of effective, accessible, and affordable infectious disease tracking tools, diagnostics, therapeutics, and vaccines. (b) Submission of strategy Not later than 120 days after the date of the enactment of this Act, the President shall submit the strategy required under subsection (a) to the appropriate congressional committees. (c) Annual report (1) In general Not later than 1 year after the submission of the strategy to the appropriate congressional committees under subsection (b), and not later than October 1 of each year thereafter for the following 4 fiscal years, the President shall submit a report to the appropriate congressional committees that describes— (A) the status of the implementation of the strategy required under subsection (a); (B) any necessary updates to the strategy; (C) the progress made in implementing the strategy, with specific information related to the progress toward improving countries’ ability to detect, respond and prevent the spread of infectious disease threats, such as COVID–19 and Ebola; and (D) details on the status of funds made available to carry out the purposes of this title. (2) Agency-specific plans The reports required under paragraph (1) shall include specific implementation plans from each relevant Federal department and agency that describe— (A) how updates to the strategy may have impacted the agency’s plan during the preceding calendar year; (B) the progress made in meeting the goals, objectives, and benchmarks under implementation plans during the preceding year; (C) the anticipated staffing plans and contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; (D) a transparent, open, and detailed accounting of obligations by each of the relevant Federal departments and agencies to implement the strategy, including— (i) the statutory source of obligated funds; (ii) the amounts obligated; (iii) implementing partners; (iv) targeted beneficiaries; and (v) activities supported; (E) the efforts of the relevant Federal department or agency to ensure that the activities and programs carried out pursuant to the strategy are designed to achieve maximum impact and enduring returns, including through specific activities to strengthen health systems, as appropriate; and (F) a plan for regularly reviewing and updating programs and partnerships, and for sharing lessons learned with a wide range of stakeholders in an open, transparent manner. (3) Form The reports required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. 203. Committee on Global Health Security and Pandemic and Biological Threats (a) Statement of policy It shall be the policy of the United States— (1) to promote global health security as a core national and security interest; and (2) to ensure effective coordination and collaboration between the relevant Federal departments and agencies engaged domestically and internationally in efforts to advance the global health security of the United States, in accordance with paragraph (1). (b) Coordination (1) Defined term In this subsection, the term pandemic threat means any infectious disease that— (A) has an aggregation of cases in a community that rises above what is normally expected in that population in that area; (B) has the potential to spread over several countries or continents; and (C) could, if not addressed, threaten the national security of the United States. (2) Committee on global health security and pandemic and biological threats There is authorized to be established, within the National Security Council, the Committee on Global Health Security and Pandemic and Biological Threats (referred to in this subsection as the Committee ), whose day to day operations should be led by the Special Advisor for Global Health Security. (3) Special advisor for global health security The Special Advisor for Global Health Security referred to in paragraph (2)— (A) should serve as part of the staff of the National Security Council; and (B) may also be the Senior Director for a Global Health Security and Biodefense Directorate within the Executive Office of the President, who reports to the Assistant to the President for National Security Affairs. (4) Composition The Committee should include the following members: (A) The Director of National Intelligence. (B) The Secretary of State. (C) The Secretary of Defense. (D) The Secretary of Health and Human Services. (E) The Administrator of the United States Agency for International Development. (F) The Secretary of Agriculture. (G) The Secretary of the Treasury. (H) The Attorney General. (I) The Secretary of Homeland Security. (J) The Office of Management and Budget. (K) The Administrator of the Environmental Protection Agency. (L) The Director of the Centers for Disease Control and Prevention. (M) The Director of the Office of Science and Technology Policy. (N) The Assistant to the President for National Security Affairs, who should serve as the chairperson of the Committee. (O) Such other members as the President may designate. (5) Functions (A) In general The functions of the Committee should be— (i) to provide strategic guidance for the development of a policy framework for activities of the United States Government relating to global health security, including pandemic prevention, preparedness and response; and (ii) to ensure policy coordination between United States Government agencies, especially coordination between— (I) agencies with a primarily domestic mandate; and (II) agencies with an international mandate relating to global health security and pandemic threats. (B) Activities In carrying out the functions described in subparagraph (A), the Committee should— (i) conduct, in coordination with the heads of relevant Federal agencies, a review of existing United States health security policies and strategies and develop recommendations for how the Federal Government may regularly update and harmonize such policies and strategies to ensure the timely development of a comprehensive coordinated strategy to enable the United States Government to respond to pandemic threats and to monitor the implementation of such strategies; (ii) develop a plan for— (I) establishing an interagency National Center for Epidemic Forecasting and Outbreak Analytics; and (II) modernizing global early warning and trigger systems for scaling action to prevent, detect, respond to, and recover from emerging biological threats; (iii) provide policy-level recommendations to participating agencies regarding the Global Health Security Agenda goals, objectives, and implementation, and other international efforts to strengthen pandemic prevention, preparedness and response; (iv) review the progress toward, and working to resolve challenges in, achieving United States commitments under the GHSA; (v) develop protocols for coordinating and deploying a global response to emerging high-consequence infectious disease threats that outline the respective roles for relevant Federal agencies in facilitating and supporting such response operations that should facilitate the operational work of Federal agencies, and of the Special Advisor for Global Health Security; (vi) make recommendations regarding appropriate responses to specific pandemic threats and ensure the coordination of domestic and international agencies regarding the Federal Government’s efforts to prevent, detect, respond to, and recover from biological events; and (vii) take steps to strengthen the global pandemic supply chain and address any barriers to the timely delivery of supplies in response to a pandemic, including through engagement with the private sector, as appropriate; (C) develop policies and procedures to ensure the effective sharing of information from domestic and international sources about pandemic threats among the relevant Federal departments and agencies, State and local governments, and international partners and organizations; and (D) develop guidelines to enhance and improve the operational coordination between State and local governments and Federal agencies with respect to pandemic threats. (6) Foreign affairs responsibilities The Committee should not assume any foreign affairs responsibilities of the Secretary of State, including the responsibility to oversee the implementation of programs and policies that advance global health security within foreign countries. (7) Specific roles and responsibilities (A) In general The heads of the agencies listed in paragraph (4) should— (i) make global health security and pandemic threat reduction a high priority within their respective agencies, and include global health security and pandemic threat reduction-related activities within their respective agencies’ strategic planning and budget processes; (ii) designate a senior-level official to be responsible for global health security and pandemic threat reduction at each of their respective agencies; (iii) designate, in accordance with paragraph (4), an appropriate representative at the Assistant Secretary level or higher to participate on the Committee in instances where the head of the agency cannot participate; (iv) keep the Committee apprised of Global Health Security and pandemic threat reduction-related activities undertaken within their respective agencies; (v) ensure interagency cooperation and collaboration and maintain responsibility for agency-related programmatic functions including, as applicable, in coordination with host governments, country teams, and global health security in-country teams; and (vi) keep the Committee apprised of GHSA-related activities undertaken within their respective agencies. (B) Additional roles and responsibilities In addition to the roles and responsibilities described in subparagraph (A), the heads of the agencies described in paragraph (4) should carry out their respective roles and responsibilities described in Executive Order 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats) and the National Security Memorandum-1 on United States Global Leadership to Strengthen the International COVID–19 Response and to Advance Global Health Security and Biological Preparedness, as in effect on the day before the date of the enactment of this Act. 204. United States overseas global health security and diplomacy coordination and strategy (a) Establishment There is established, within the Department of State, a Special Representative for United States International Activities to Advance Global Health Security and Diplomacy Overseas (referred to in this section as the Special Representative ). (b) Appointment; qualifications The Special Representative— (1) shall be appointed by the President, by and with the advice and consent of the Senate; (2) shall report to the Secretary of State; and (3) shall have— (A) demonstrated knowledge and experience in the fields of development and public health, epidemiology, or medicine; and (B) relevant diplomatic, policy, and political expertise. (c) Authorities The Special Representative is authorized— (1) to operate internationally to carry out the purposes of this title; (2) to lead in developing a global pandemic prevention, preparedness and response framework to support global pandemic prevention, preparedness, responses and recovery efforts, including through— (A) diplomatic engagement and related foreign policy efforts, such as multilateral and bilateral arrangements, enhanced coordination of engagement with multilateral organizations and countries, and the mobilization of donor contributions; and (B) support for United States citizens living abroad, including consular support; (3) to serve as the representative of the Secretary of the State on the Committee on Global Health Security and Pandemic and Biological Threats under section 202; (4) to represent the United States on the Fund for Global Health Security and Pandemic Prevention and Preparedness established pursuant to section 302(a); (5) to transfer and allocate United States foreign assistance funding authorized to be appropriated pursuant to subsection (f) to the relevant Federal departments and agencies implementing the strategy required under section 202, in coordination with the Office of Management and Budget, the United States Agency for International Development, the Department of Health and Human Services, and the Office of Foreign Assistance Resources in the Department of State; (6) to utilize detailees, on a reimbursable or nonreimbursable basis, from the relevant Federal departments and agencies and hire personal service contractors, who may operate domestically and internationally, to ensure that the Office of the Special Representative has access to the highest quality experts available to the United States Government to carry out the functions under this Act; and (7) to perform such other functions as the Secretary of State may assign. (d) Duties The Special Representative shall coordinate, manage, and oversee United States foreign policy, diplomatic efforts, and foreign assistance funded with amounts appropriated pursuant to subsection (f) to advance the United States Global Health Security and Diplomacy Strategy developed pursuant to section 202, including by— (1) developing and coordinating a global pandemic prevention, preparedness and response framework to support pandemic preparedness, responses and recovery efforts, and related foreign policy measures, such as multilateral and bilateral arrangements; (2) enhancing engagement with multilateral organizations and partner countries, including through the mobilization of donor support; (3) enhancing coordination of consular services for United States citizens abroad in the event of a global health emergency; (4) ensuring effective program coordination and implementation by the relevant Federal departments and agencies by— (A) formulating, issuing, and updating related policy guidance; (B) establishing, in consultation with the United States Agency for International Development and the Centers for Disease Control and Prevention, unified auditing, monitoring, and evaluation plans; (C) aligning, in coordination with United States chiefs of mission and country teams in partner countries— (i) the foreign assistance resources funded with amounts appropriated pursuant to subsection (f); and (ii) the implementation plans required under section 202(c)(2) with the relevant Federal departments and agencies in a manner that— (I) is consistent with Executive Order 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats); (II) is consistent with the National Security Memorandum on United States Global Leadership to Strengthen the International COVID–19 Response and to Advance Global Health Security and Biological Preparedness, issued by President Biden on January 21, 2021; and (III) reflects and leverages the unique capabilities of each such department and agency; (D) convening, as appropriate, an interagency working group on pandemic prevention and preparedness, headed by the Special Representative and including representatives from the relevant Federal departments and agencies, to facilitate coordination of activities relating to pandemic prevention and preparedness in partner countries under this Act; (E) working with, and leveraging the expertise and activities of, the Office of the United States Global AIDS Coordinator, the Office of the United States Global Malaria Coordinator, and similar or successor entities that are implementing United States global health assistance overseas; and (F) avoiding duplication of effort and working to resolve policy, program, and funding disputes among the relevant Federal departments and agencies; (5) leading diplomatic efforts to identify and address current and emerging threats to global health security; (6) ensuring, in coordination with the Secretary of Health and Human Services and the Administrator of the United States Agency for International Development, effective representation of the United States in relevant international forums, including at the World Health Organization, the World Health Assembly, and meetings of the Global Health Security Agenda and of the Global Health Security Initiative; (7) working to enhance coordination with, and transparency among, the governments of partner countries and key stakeholders, including the private sector; (8) promoting greater donor and national investment in partner countries to build more resilient health systems and supply chains, including through representation and participation in a multilateral, catalytic financing mechanism for global health security and pandemic prevention and preparedness, consistent with title III; (9) securing bilateral and multilateral financing commitments to advance the Global Health Security Agenda, including through funding for the financing mechanism described in title III; and (10) providing regular updates to the appropriate congressional committees regarding the fulfillment of the duties described in this subsection. (e) Deputy Representative The Special Representative should be supported by a deputy, who— (1) should be an employee of the United States Agency for International Development serving in a career or noncareer position in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher; (2) should have demonstrated knowledge and experience in the fields of development and public health, epidemiology, or medicine; and (3) serves concurrently as the deputy and performs the functions described in section 3(h) of Executive Order 13747 (81 Fed. Reg. 78701). (f) Authorization of appropriations (1) In general There is authorized to be appropriated $3,000,000,000, for the 5-year period beginning on October 1, 2022, to carry out the purposes of this section and title III, which, in consultation with the appropriate congressional committees and subject to the requirements under chapters 1 and 10 of part I and section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), may include support for— (A) enhancing preparedness in partner countries through implementation of the Global Health Security Strategy developed pursuant to section 202; (B) replenishing the Emergency Reserve Fund at the United States Agency for International Development, established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) to address new or emerging infectious disease threats, as necessary and appropriate; (C) United States contributions to the World Bank Health Emergency Preparedness and Response Multi-Donor Fund; and (D) United States contributions to a multilateral, catalytic financing mechanism for global health security and pandemic prevention and preparedness described in section 302. (2) Exception Section 110 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107 ) shall not apply to assistance made available pursuant to this subsection. 205. Resilience It shall be the policy of the United States to support the growth of healthier, more stable societies, while advancing the global health security interests of the United States by working with key stakeholders— (1) in developing countries that are highly vulnerable to the emergence, reemergence, and spread of infectious diseases with pandemic potential, including diseases resulting from natural and manmade disasters, human displacement, loss of natural habitat, poor access to water, sanitation, and hygiene, and other political, security, economic, and climatic shocks and stresses; (2) to develop effective tools to identify, analyze, forecast, and mitigate the risks that make such countries vulnerable; (3) to better integrate short-, medium-, and long-term recovery efforts into global health emergency response and disaster relief; and (4) to ensure that international assistance and financing tools are effectively designed, objectively informed, strategically targeted, carefully coordinated, reasonably adapted, and rigorously monitored and evaluated in a manner that advances the policy objectives under this section. 206. Strengthening health systems (a) Statement of policy It shall be the policy of the United States to ensure that bilateral global health assistance programs are effectively managed and coordinated to contribute to the strengthening of health systems in each country in which such programs are carried out, as necessary and appropriate. (b) Coordination The Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall work with the Director of the Centers for Disease Control and Prevention, the Global Malaria Coordinator, and the United States Global AIDS Coordinator and Special Representative for Global Health Diplomacy at the Department of State to identify areas of collaboration and coordination in countries with global health programs and activities undertaken by USAID pursuant to the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ) and other relevant statutes to ensure that such activities contribute to health systems strengthening. (c) Pilot program (1) In general The Administrator of USAID should identify not fewer than 5 countries in which the United States has significant bilateral investments in global health to develop an integrated approach toward health systems strengthening that takes advantage of all sources of funding for global health in such country, with the aim of establishing a model for coordinating health systems strengthening activities in additional countries in the future. (2) Assessment In the countries selected under paragraph (1), USAID missions, in consultation with USAID’s Office of Health Systems Strengthening, should conduct an assessment that— (A) takes a comprehensive view of the constraints in the country’s health system that prevent the achievement of desired outcomes of United States Government-supported health programs; (B) identifies the best opportunities for improving health systems to achieve improved outcomes, including obstacles to health service delivery; (C) maps the resources of the country and other donors in the health sector with a focus on investment in health system strengthening; and (D) develops and implements a new or revised 5-year strategy for United States assistance, based on the results of the assessment described in subparagraph (A), to strengthen the country’s health system that— (i) provides a framework for implementing such strategy; (ii) identifies key areas for United States Government investments to strengthen the health system in alignment with other donors; (iii) specifies the anticipated role of health programs undertaken by each of the relevant Federal departments and agencies operating in the country in implementing such strategy; and (iv) includes clear goals, benchmarks, outputs, desired outcomes, a means of measuring progress and a cost analysis. (3) Strategies to strengthen health systems USAID missions in countries identified pursuant paragraph (1) should develop a strategy to strengthen health systems based on the assessment developed pursuant to paragraph (2) that— (A) ensures complementarity with priorities identified under any other action plan focused on strengthening a country’s health system, such as the World Health Organization’s Joint External Evaluation and National Action Plans for Health Security; (B) identifies bureaucratic barriers and inefficiencies, including poor linkages between government ministries and between ministries and donor agencies and the extent of any corruption, and identify actions to overcome such barriers; (C) identifies potential obstacles to the implementation of the strategy, such as issues relating to lack of political will or poor governance of an effective health system at all levels of the country’s public health systems, especially with respect to governing bodies and councils at the provincial, district, and community levels; (D) includes proposals for mobilizing sufficient and durable financing for health systems; (E) identifies barriers to building and retaining an effective frontline health workforce with key global health security capacities, informed by the International Health Regulations (2005), including— (i) strengthened data collection and analysis; (ii) data driven decisionmaking capacity; and (iii) recommendations for partner country actions to achieve a workforce that conforms with the World Health Organization’s recommendation for at least 44.5 doctors, nurses, and midwives for every 10,000 people; (F) identifies deficiencies in information systems and communication technologies that prevent linkages at all levels of the health system delivery and medical supply systems and promotes interoperability across data systems with real time data, while protecting data security; (G) identifies weaknesses in supply chain and procurement systems and practices, and recommends ways to improve the efficiency, transparency, and effectiveness of such systems and practices; (H) identifies obstacles to health service access and quality and improved health outcomes for women and girls, and for the poorest and most vulnerable, including a lack of social support and other underlying causes, and recommendations for how to overcome such obstacles; (I) includes plans for integrating innovations in health technologies, services, and systems; (J) identifies barriers to health literacy, community engagement, and patient empowerment, and recommendations for overcoming such barriers; (K) includes proposals for strengthening community health systems and the community-based health workforce informed by the World Health Organization guideline on health policy and system support to optimize community health worker programmes (2018), including the professionalization of community health workers; and (L) describes the role of the private sector and nongovernmental health providers, including community groups engaged in health promotion and mutual assistance and other institutions engaged in health delivery, including the extent to which the local population utilizes such health services. (4) Consultation In developing a strategy pursuant to paragraph (3), each USAID mission should consult with a wide variety of stakeholders, including— (A) relevant partner government institutions; (B) professional associations; (C) patient groups; (D) civil society organizations (including international nongovernmental organizations with relevant expertise in program implementation); and (E) the private sector. (d) International efforts (1) Coordination The Secretary of State, in coordination with the Administrator of USAID, should work with the Global Fund to Fight AIDS, Tuberculosis, and Malaria, Gavi, the Vaccine Alliance, bilateral donors, and other relevant multilateral and international organizations and stakeholders to develop— (A) shared core indicators for strengthened health systems; (B) agreements among donors that reporting requirements for health systems come from country systems to reduce the burden placed on partner countries; (C) structures for joint assessments, plans, auditing, and consultations; and (D) a regularized approach to coordination on health systems strengthening. (e) Public private partnerships To improve health systems strengthening (1) Inclusion in country strategies The country strategies developed under subsection (c)(3) should include a section that— (A) discusses the role of the private sector (including corporate, local, and international organizations with relevant expertise); and (B) identifies relevant opportunities for the private sector— (i) to accelerate research and development of innovative health and information technology, and to offer training related to its use; (ii) to contribute to improvements in health administration and management processes; (iii) to improve system efficiency; (iv) to develop training related to clinical practice guidelines; and (v) to help countries develop systems for documenting outcomes and achievements related to activities undertaken to strengthen the health sector. (f) Authorization for use of funds Amounts authorized to be appropriated or otherwise made available to carry out section 104 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b ) may be made available to carry out this section. 207. Additional authorities (a) Foreign Assistance Act of 1961 Chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended— (1) in section 104(c)(1) ( 22 U.S.C. 2151b(c)(1) ), by inserting (emphasizing health systems strengthening, as appropriate) after health services ; (2) in section 104A ( 22 U.S.C. 2151b–2 )— (A) in subsection (b)(3)(D), by striking including health care systems, under other international donor support and inserting including through support for health systems strengthening, under other donor support ; and (B) in subsection (f)(3)(Q), by inserting the Office of the United States Global AIDS Coordinator, partner countries, and the Global Fund to Fight AIDS, Tuberculosis, and Malaria to ensure that their actions support the activities taken to strengthen the overall health systems in recipient countries, and efforts by after efforts by ; and (3) in section 104B(g)(2) ( 22 U.S.C. 2151b–3(g)(2) ), by inserting strengthening the health system of the country and after contribute to . (b) United States Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 Section 204 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7623 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by inserting in a manner that is coordinated with, and contributes to, efforts through other assistance activities being carried out to strengthen national health systems and health policies after systems ; and (B) in paragraph (2)— (i) in subparagraph (C), by inserting as part of a strategy to improve overall health before the semicolon at the end; (ii) in subparagraph (D), by striking and at the end; (iii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (F) to contribute to efforts that build health systems capable of preventing, detecting and responding to HIV/AIDS, tuberculosis, malaria and other infectious diseases with pandemic potential. ; and (2) in subsection (b), by striking receive funding to carry out programs to combat HIV/AIDS, tuberculosis, and malaria and inserting more effectively budget for and receive funding to carry out programs to strengthen health systems such that countries are able to more effectively combat HIV/AIDS, tuberculosis, and malaria, to prevent, respond and detect other diseases with pandemic potential, . 208. Authorization for United States participation in the Coalition for Epidemic Preparedness Innovations (a) In general The United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as CEPI ). (b) Investors Council and Board of Directors (1) Initial designation The President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022. (2) Ongoing designations The President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States. (3) Qualifications Any employee designated pursuant to paragraph (1) or (2) shall have demonstrated knowledge and experience in the fields of development and public health, epidemiology, or medicine, from the Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to subsection (c). (c) Consultation Not later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the appropriate congressional committees regarding— (1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI; (2) any planned financial contributions from the United States to CEPI; and (3) how participation in CEPI is expected to support— (A) the United States Global Health Security Strategy required under this Act; (B) the applicable revision of the National Biodefense Strategy required under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 ( 6 U.S.C. 104 ); and (C) any other relevant programs relating to global health security and biodefense. (d) United States contributions (1) Sense of congress It is the sense of Congress that the President, consistent with the provisions under section 10003(a)(1) of the American Rescue Plan Act of 2021 , should make an immediate contribution to CEPI in the amount of $300,000,000, to expand research and development of vaccines to combat the spread of COVID–19 variants. (2) Notification Not later than 15 days before a contribution is made available pursuant to paragraph (1), the President shall notify the appropriate congressional committees of the details of the amount, purposes, and national interests served by such contribution. 209. National intelligence estimate and briefing regarding novel diseases and pandemic threats (a) Defined term In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Health, Education, Labor, and Pensions of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Energy and Commerce of the House of Representatives . (b) National Intelligence Estimates (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 4 years, the National Intelligence Council shall submit to the appropriate committees of Congress a National Intelligence Estimate regarding the risks posed to the national security interests of the United States by the emergence, reemergence, and overseas transmission of pathogens with pandemic potential. (2) Elements The National Intelligence Estimate submitted pursuant to paragraph (1) shall— (A) identify the countries or regions most vulnerable to the emergence or reemergence of a pathogen with pandemic potential, including the most likely sources and pathways of such emergence or reemergence, whether naturally occurring, accidental, or deliberate; (B) assess the likelihood that a pathogen described in subparagraph (A) will spread to the United States, the United States Armed Forces, diplomatic or development personnel of the United States stationed abroad, or citizens of the United States living abroad in a manner that could lead to an epidemic in the United States or otherwise affect the national security or economic prosperity of the United States; (C) assess the preparedness of countries around the world, particularly those identified pursuant to subparagraph (A), to prevent, detect, and respond to pandemic threats; and (D) identify any scientific, capacity, or governance gaps in the preparedness of countries identified pursuant to subparagraph (A), including an analysis of the capacity and performance of any country or entity described in subparagraph (C) in complying with biosecurity standards, as applicable. (c) Congressional briefings The National Intelligence Council shall provide an annual briefing to the appropriate committees of Congress regarding— (1) the most recent National Intelligence Estimate submitted pursuant to subsection (b)(1); and (2) the emergence or reemergence of pathogens with pandemic potential that could lead to an epidemic described in subsection (b)(2)(B). (d) Public availability The Director of National Intelligence shall make publicly available an unclassified version of each National Intelligence Estimate submitted pursuant to subsection (b)(1). 210. Pandemic early warning network (a) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, and the heads of the other relevant Federal departments and agencies, shall work with the World Health Organization and other key stakeholders to establish or strengthen effective early warning systems, at the partner country, regional, and international levels, that utilize innovative information and analytical tools and robust review processes to track, document, analyze, and forecast infectious disease threats with epidemic and pandemic potential. (b) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Health and Human Services and the heads of the other relevant Federal departments and agencies, shall submit a report to the appropriate congressional committees that describes United States Government efforts and opportunities to establish or strengthen effective early warning systems for infectious disease threats. 211. International emergency operations (a) Sense of Congress It is the sense of Congress that it is essential to enhance the capacity of key stakeholders to effectively operationalize early warning and execute multi-sectoral emergency operations during an infectious disease outbreak, particularly in countries and areas that deliberately withhold critical global health data and delay access during an infectious disease outbreak in advance of the next infectious disease outbreak with pandemic potential. (b) Public health emergencies of international concern The Secretary of State, in coordination with the Secretary of Health and Human Services, should work with the World Health Organization and like-minded member states to adopt an approach toward assessing infectious disease threats under the International Health Regulations (2005) for the World Health Organization to identify and transparently communicate, on an ongoing basis, varying levels of risk leading up to a declaration by the Director General of the World Health Organization of a Public Health Emergency of International Concern for the duration and in the aftermath of such declaration. (c) Emergency operations The Secretary of State, in coordination with the United States Agency for International Development and other relevant Federal departments and agencies and consistent with the requirements under the International Health Regulations (2005) and the objectives of the World Health Organization’s Health Emergencies Programme, the Global Health Security Agenda, and national actions plans for health security, shall work, in coordination with the World Health Organization, with partner countries and other key stakeholders to support the establishment, strengthening, and rapid response capacity of global health emergency operations centers, at the national and international levels, including efforts— (1) to collect and share data, assess risk, and operationalize early warning; (2) to secure, including through utilization of stand-by arrangements and emergency funding mechanisms, the staff, systems, and resources necessary to execute cross-sectoral emergency operations during the 48-hour period immediately following an infectious disease outbreak with pandemic potential; and (3) to organize and conduct emergency simulations. III Financing mechanism for global health security and pandemic prevention and preparedness 301. Eligible partner country defined In this title, the term eligible partner country means a country in which the Fund for Global Health Security and Pandemic Prevention and Preparedness to be established under section 302 may finance global health security and pandemic prevention and preparedness assistance programs under this Act based on the country’s demonstrated— (1) need, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, national action plans for health security, and other complementary or successor indicators of global health security and pandemic prevention and preparedness; and (2) commitment to transparency, including— (A) budget and global health data transparency; (B) complying with the International Health Regulations (2005); (C) investing in domestic health systems; and (D) achieving measurable results. 302. Establishment of Fund for Global Health Security and Pandemic Prevention and Preparedness (a) Negotiations for establishment of Fund for Global Health Security and Pandemic Prevention and Preparedness The Secretary of State, in coordination with the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Secretary of Health and Human Services, and the heads of other relevant Federal departments and agencies, as necessary and appropriate, should seek to enter into negotiations with donors, relevant United Nations agencies, including the World Health Organization, and other key multilateral stakeholders, to establish— (1) a multilateral, catalytic financing mechanism for global health security and pandemic prevention and preparedness, which may be known as the Fund for Global Health Security and Pandemic Prevention and Preparedness (in this title referred to as the Fund ), to address the need for and secure durable financing in accordance with the provisions of this section; and (2) an Advisory Board to the Fund in accordance with section 305. (b) Purposes The purposes of the Fund should be— (1) to close critical gaps in global health security and pandemic prevention and preparedness; and (2) to build capacity in eligible partner countries in the areas of global health security, infectious disease control, and pandemic prevention and preparedness, in a manner that— (A) prioritizes capacity building and financing availability in eligible partner countries; (B) incentivizes countries to prioritize the use of domestic resources for global health security and pandemic prevention and preparedness; (C) leverages government, nongovernment, and private sector investments; (D) regularly responds to and evaluates progress based on clear metrics and benchmarks, such as the Joint External Evaluation and the Global Health Security Index; (E) aligns with and complements ongoing bilateral and multilateral efforts and financing, including through the World Bank, the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the Coalition for Epidemic Preparedness and Innovation, and Gavi, the Vaccine Alliance; and (F) helps countries accelerate and achieve compliance with the International Health Regulations (2005) and the fulfillment of the Global Health Security Agenda 2024 Framework not later than 5 years after the date on which the Fund is established, in coordination with the ongoing Joint External Evaluation national action planning process. (c) Executive Board (1) In general The Fund should be governed by a transparent and accountable body (referred to in this title as the Executive Board ), which should be composed of not more than 20 representatives of donor governments, foundations, academic institutions, civil society, indigenous people, and the private sector that meet a minimum threshold in annual contributions and agree to uphold transparency measures. (2) Duties The Executive Board should— (A) be charged with approving strategies, operations, and grant making authorities in order to conduct effective fiduciary, monitoring, and evaluation efforts, and other oversight functions; (B) be comprised only of contributors to the Fund at not less than the minimum threshold to be established pursuant to paragraph (1); (C) determine operational procedures such that the Fund is able to effectively fulfill its mission; (D) provide oversight and accountability for the Fund in collaboration with the Inspector General to be established pursuant to section 304(e)(1)(A); and (E) develop and utilize a mechanism to obtain formal input from partner countries relative to lessons learned with regard to program implementation. (3) Composition The Executive Board should include— (A) representatives of the governments of founding permanent member countries who, in addition to the requirements under paragraph (1), qualify based upon meeting an established initial contribution threshold, which should be not less than 10 percent of total initial contributions, and a demonstrated commitment to supporting the International Health Regulations (2005); (B) a geographically diverse group of term members who— (i) come from academic institutions, civil society, including indigenous organizations, and the private sector; and (ii) are selected by the permanent members on the basis of their experience and commitment to innovation, best practices, and the advancement of global health security objectives; (C) representatives of the World Health Organization; (D) the chair of the Global Health Security Steering Group; and (E) representatives from low- and middle-income countries that are or will be implementing a national pandemic prevention plan. (4) Qualifications Individuals appointed to the Executive Board should have demonstrated knowledge and experience across a variety of sectors, including human and animal health, agriculture, development, defense, finance, research, and academia. (5) Conflicts of interest (A) Technical experts The Executive Board may include independent technical experts who are not affiliated with, or employed by, a recipient country or organization. (B) Multilateral bodies and institutions Executive Board members appointed pursuant to paragraph (3)(C) should recuse themselves from matters presenting conflicts of interest, including financing decisions relating to such bodies and institutions. (6) United states representation (A) Founding permanent member The Secretary of State should seek— (i) to establish the United States as a founding permanent member of the Fund; and (ii) to ensure that the United States is represented on the Executive Board by an officer or employee of the United States, who shall be appointed by the President. (B) Effective and termination dates (i) Effective date This paragraph shall take effect upon the date on which the Secretary of State certifies and submits to Congress an agreement establishing the Fund. (ii) Termination date The membership established pursuant to subparagraph (A) shall terminate upon the date of termination of the Fund. (7) Removal procedures The Fund should establish procedures for the removal of members of the Executive Board who— (A) engage in a consistent pattern of human rights abuses; (B) fail to uphold global health data transparency requirements; or (C) otherwise violate the established standards of the Fund, including in relation to corruption. 303. Authorities (a) Program objectives (1) In general In carrying out the purpose set forth in section 302, the Fund, acting through the Executive Board, should— (A) provide grants, including challenge grants, technical assistance, concessional lending, catalytic investment funds, and other innovative funding mechanisms, as appropriate— (i) to help eligible partner countries close critical gaps in health security, as identified through the Joint External Evaluation process, the Global Health Security Index classification of health systems, and national action plans for health security and other complementary or successor indicators of global health security and pandemic prevention and preparedness; and (ii) to support measures that enable such countries, at the national and subnational levels, and in partnership with civil society and the private sector, to strengthen and sustain resilient health systems and supply chains with the resources, capacity, and personnel required to prevent, detect, mitigate, and respond to infectious disease threats, including zoonotic spillover, before they become pandemics; and (B) develop recommendations for a mechanism for assisting countries that are at high risk for zoonotic spillover events with pandemic potential to participate in the Global Health Security Agenda and the Joint External Evaluations. (2) Activities supported The activities to be supported by the Fund should include efforts— (A) to enable eligible partner countries to formulate and implement national health security and pandemic prevention and preparedness action plans, advance action packages under the Global Health Security Agenda, and adopt and uphold commitments under the International Health Regulations (2005) and other related international health agreements and arrangements, as appropriate; (B) to support health security budget planning in eligible partner countries, including training in public financial management and budget and health data transparency; (C) to strengthen the health workforce, including hiring, training, and deploying experts to improve frontline prevention of, and monitoring and preparedness for, unknown, new, emerging, or reemerging pathogens, epidemics, and pandemic threats; (D) to improve infection prevention and control and the protection of healthcare workers within healthcare settings; (E) to combat the threat of antimicrobial resistance; (F) to strengthen laboratory capacity and promote biosafety and biosecurity through the provision of material and technical assistance; (G) to reduce the risk of bioterrorism, zoonotic disease spillover, and accidental biological release; (H) to build technical capacity to manage health supply chains for commodities, equipment, and supplies, including for personal protective equipment, testing reagents, and other lifesaving supplies, through effective forecasting, procurement, warehousing, and delivery from central warehouses to points of service in both the public and private sectors; (I) to enable bilateral, regional, and international partnerships and cooperation, including through pandemic early warning systems and emergency operations centers, to identify and address transnational infectious disease threats exacerbated by natural and man-made disasters, human displacement, and zoonotic infection; (J) to establish partnerships for the sharing of best practices and enabling eligible countries to meet targets and indicators under the Joint External Evaluation process, the Global Health Security Index classification of health systems, and national action plans for health security relating to the prevention, detection, and treatment of neglected tropical diseases; (K) to build the technical capacity of eligible partner countries to prepare for and respond to second order development impacts of infectious disease outbreaks, while accounting for the differentiated needs and vulnerabilities of marginalized populations; (L) to develop and utilize metrics to monitor and evaluate programmatic performance and identify best practices, including in accordance with Joint External Evaluation benchmarks, Global Health Security Agenda targets, and Global Health Security Index indicators; (M) to develop and deploy mechanisms to enhance the transparency and accountability of global health security and pandemic prevention and preparedness programs and data, in compliance with the International Health Regulations (2005), including through the sharing of trends, risks, and lessons learned; (N) to develop and implement simulation exercises, produce and release after action reports, and address related gaps; (O) to support countries in conducting Joint External Evaluations; and (P) to improve surveillance capacity in partner counties such that those countries are better able to detect and respond to known and unknown pathogens and zoonotic infectious diseases. (3) Implementation of program objectives In carrying out the objectives under paragraph (1), the Fund should work to eliminate duplication and waste by upholding strict transparency and accountability standards and coordinating its programs and activities with key partners working to advance global health security and pandemic prevention and preparedness, including— (A) governments, civil society, nongovernmental organizations, research and academic institutions, and private sector entities in eligible partner countries; (B) the pandemic early warning systems and international emergency operations centers to be established under sections 210 and 211; (C) the World Health Organization; (D) the Global Health Security Agenda; (E) the Global Health Security Initiative; (F) the Global Fund to Fight AIDS, Tuberculosis, and Malaria; (G) the United Nations Office for the Coordination of Humanitarian Affairs, UNICEF, and other relevant funds, programs, and specialized agencies of the United Nations; (H) Gavi, the Vaccine Alliance; (I) the Coalition for Epidemic Preparedness Innovations (CEPI); and (J) the Global Polio Eradication Initiative. (b) Priority In providing assistance under this section, the Fund should give priority to low-and lower middle income countries with— (1) low scores on the Global Health Security Index classification of health systems; (2) measurable gaps in global health security and pandemic prevention and preparedness identified under Joint External Evaluations and national action plans for health security; (3) demonstrated political and financial commitment to pandemic prevention and preparedness; and (4) demonstrated commitment to upholding global health budget and data transparency and accountability standards, complying with the International Health Regulations (2005), investing in domestic health systems, and achieving measurable results. (c) Eligible grant recipients Governments and nongovernmental organizations should be eligible to receive grants as described in this section. 304. Administration (a) Appointment of Administrator The Executive Board should appoint an Administrator, who should be responsible for managing the day-to-day operations of the Fund. (b) Authority To accept and solicit contributions The Fund should be authorized to solicit and accept contributions from governments, the private sector, foundations, individuals, and nongovernmental entities. (c) Accountability of funds and criteria for programs As part of the negotiations described in section 302(a), the Secretary of the State, consistent with subsection (d), shall— (1) take such actions as are necessary to ensure that the Fund will have in effect adequate procedures and standards to account for and monitor the use of funds contributed to the Fund, including the cost of administering the Fund; and (2) seek agreement on the criteria that should be used to determine the programs and activities that should be assisted by the Fund. (d) Selection of partner countries, projects, and recipients The Executive Board should establish— (1) eligible partner country selection criteria, to include transparent metrics to measure and assess global health security and pandemic prevention and preparedness strengths and vulnerabilities in countries seeking assistance; (2) minimum standards for ensuring eligible partner country ownership and commitment to long-term results, including requirements for domestic budgeting, resource mobilization, and co-investment; (3) criteria for the selection of projects to receive support from the Fund; (4) standards and criteria regarding qualifications of recipients of such support; (5) such rules and procedures as may be necessary for cost-effective management of the Fund; and (6) such rules and procedures as may be necessary to ensure transparency and accountability in the grant-making process. (e) Additional transparency and accountability requirements (1) Inspector general (A) In general The Secretary of State shall seek to ensure that— (i) the Fund maintains an independent Office of the Inspector General; and (ii) such office has the requisite resources and capacity to regularly conduct and publish, on a publicly accessible website, rigorous financial, programmatic, and reporting audits and investigations of the Fund and its grantees. (B) Sense of congress on corruption It is the sense of Congress that— (i) corruption within global health programs contribute directly to the loss of human life and cannot be tolerated; and (ii) in making financial recoveries relating to a corrupt act or criminal conduct under a grant, as determined by the Inspector General, the responsible grant recipient should be assessed at a recovery rate of up to 150 percent of such loss. (2) Administrative expenses The Secretary of State shall seek to ensure the Fund establishes, maintains, and makes publicly available a system to track the administrative and management costs of the Fund on a quarterly basis. (3) Financial tracking systems The Secretary of State shall ensure that the Fund establishes, maintains, and makes publicly available a system to track the amount of funds disbursed to each grant recipient and sub-recipient during a grant’s fiscal cycle. (4) Exemption from duties and taxes The Secretary should ensure that the Fund adopts rules that condition grants upon agreement by the relevant national authorities in an eligible partner country to exempt from duties and taxes all products financed by such grants, including procurements by any principal or sub-recipient for the purpose of carrying out such grants. 305. Advisory Board (a) In general There should be an Advisory Board to the Fund. (b) Appointments The members of the Advisory Board should be composed of— (1) a geographically diverse group of individuals that includes representation from low- and middle-income countries; (2) individuals with experience and leadership in the fields of development, global health, epidemiology, medicine, biomedical research, and social sciences; and (3) representatives of relevant United Nations agencies, including the World Health Organization, and nongovernmental organizations with on-the-ground experience in implementing global health programs in low and lower-middle income countries. (c) Responsibilities The Advisory Board should provide advice and guidance to the Executive Board of the Fund on the development and implementation of programs and projects to be assisted by the Fund and on leveraging donations to the Fund. (d) Prohibition on payment of compensation (1) In general Except for travel expenses (including per diem in lieu of subsistence), no member of the Advisory Board should receive compensation for services performed as a member of the Board. (2) United states representative Notwithstanding any other provision of law (including an international agreement), a representative of the United States on the Advisory Board may not accept compensation for services performed as a member of the Board, except that such representative may accept travel expenses, including per diem in lieu of subsistence, while away from the representative’s home or regular place of business in the performance of services for the Board. (e) Conflicts of interest Members of the Advisory Board should be required to disclose any potential conflicts of interest prior to serving on the Advisory Board and, in the event of any conflicts of interest, recuse themselves from such matters during their service on the Advisory Board. 306. Reports to Congress (a) Status report Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, and the heads of other relevant Federal departments and agencies, shall submit a report to the appropriate congressional committees that describes the progress of international negotiations to establish the Fund. (b) Annual report (1) In general Not later than 1 year after the date of the establishment of the Fund, and annually thereafter for the duration of the Fund, the Secretary of State, shall submit a report to the appropriate congressional committees regarding the administration of the Fund. (2) Report elements The report required under paragraph (1) shall describe— (A) the goals of the Fund; (B) the programs, projects, and activities supported by the Fund; (C) private and governmental contributions to the Fund; and (D) the criteria utilized to determine the programs and activities that should be assisted by the Fund, including baselines, targets, desired outcomes, measurable goals, and extent to which those goals are being achieved. (c) GAO report on effectiveness Not later than 2 years after the date on which the Fund is established, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that evaluates the effectiveness of the Fund, including the effectiveness of the programs, projects, and activities supported by the Fund, as described in section 303(a). 307. United States contributions (a) In general Subject to submission of the certification under this section, the President is authorized to make available for United States contributions to the Fund such funds as may be appropriated or otherwise made available for such purpose. (b) Notification The Secretary of State shall notify the appropriate congressional committees not later than 15 days in advance of making a contribution to the Fund, including— (1) the amount of the proposed contribution; (2) the total of funds contributed by other donors; and (3) the national interests served by United States participation in the Fund. (c) Limitation During the 5-year period beginning on the date of the enactment of this Act, a United States contribution to the Fund may not cause the cumulative total of United States contributions to the Fund to exceed 33 percent of the total contributions to the Fund from all sources. (d) Withholdings (1) Support for acts of international terrorism If the Secretary of State determines that the Fund has provided assistance to a country, the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ) has repeatedly provided support for acts of international terrorism, the United States shall withhold from its contribution to the Fund for the next fiscal year an amount equal to the amount expended by the Fund to the government of such country. (2) Excessive salaries During the 5-year period beginning on the date of the enactment of this Act, if the Secretary of State determines that the salary of any individual employed by the Fund exceeds the salary of the Vice President of the United States for such fiscal year, the United States should withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such individual exceeds the salary of the Vice President of the United States. (3) Accountability certification requirement The Secretary of State may withhold not more than 20 percent of planned United States contributions to the Fund until the Secretary certifies to the appropriate congressional committees that the Fund has established procedures to provide access by the Office of Inspector General of the Department of State, as cognizant Inspector General, the Inspector General of the Department of Health and Human Services, the Inspector General of the United States Agency for International Development, and the Comptroller General of the United States to the Fund’s financial data and other information relevant to United States contributions to the Fund (as determined by the Inspector General of the Department of State, in consultation with the Secretary of State). 308. Compliance with the Foreign Aid Transparency and Accountability Act of 2016 Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 ( Public Law 114–191 ; 22 U.S.C. 2394c note) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) the International Pandemic Preparedness and COVID–19 Response Act of 2021 . . | https://www.govinfo.gov/content/pkg/BILLS-117s2297is/xml/BILLS-117s2297is.xml |
117-s-2298 | II 117th CONGRESS 1st Session S. 2298 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Blumenthal (for himself, Mr. Booker , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 1977 of the Revised Statutes to protect equal rights under law.
1. Short title This Act may be cited as the Economic Inclusion Civil Rights Act of 2021 . 2. Equal rights Section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ) is amended to read as follows: 1977. Equal rights under law (a) Finding Congress finds that the decisions of the Supreme Court of the United States in Comcast Corp. v. National Ass’n of African American-Owned Media, 140 S. Ct. 1009 (2020), and General Building Contractors Ass'n v. Pennsylvania, 458 U.S. 375 (1982), have weakened the scope and effectiveness of Federal civil rights protections. (b) Purpose and authority (1) Authority This section is an exercise of congressional authority under section 5 of the 14th Amendment, section 2 of the 13th Amendment, and the Commerce Clause of section 8 of article I, of the Constitution of the United States. (2) Purpose The purpose of this section is to protect civil rights, including to enact into law key portions of the concurring opinion of Justice Ginsburg in Comcast Corp. v. National Ass’n of African American-Owned Media, 140 S. Ct. 1009 (2020), and the dissenting opinion of Justice Marshall in General Building Contractors Ass'n v. Pennsylvania, 458 U.S. 375 (1982). (c) Definitions In this section: (1) Demonstrates The term demonstrates means meets the burdens of production and persuasion. (2) Economic activity The term economic activity shall have the broadest meaning permissible under the Constitution, including— (A) making, performing, and enforcing contracts; (B) producing, consuming, browsing for, shopping for, or waiting for goods or services; (C) soliciting, selecting, hiring, or dealing with a vendor, supplier, contractor, or subcontractor; (D) dealing with or serving (including refusing to serve) a shopper, patron, or customer; (E) accessing, processing, or granting (including denying) access to loans, credit, bonding, or insurance; and (F) purchasing, leasing, selling, holding, or conveying real or personal property, whether the activities described in this paragraph occur on the internet, at a physical location, or through any other medium. (3) Full and equal benefit and enjoyment of economic activity The term full and equal benefit and enjoyment of economic activity means the benefit or enjoyment, respectively, of the same benefits, privileges, advantages, preferences, opportunities, terms, conditions, goods, services, facilities, accommodations, service and treatment, employment, and rights to make, enforce, perform, modify, and terminate contracts, and freedom from intimidation, harassment, and profiling as white citizens benefit from or enjoy, respectively. (4) Including The term including means including, but not limited to, consistent with the term's standard meaning in Federal law. (5) Security of person and property The term security , used with respect to person and property, includes protection from physical harm and a threat of harm to one’s body or property, and protection against exposure to or a disproportionate burden from the negative human health and environmental impacts of pollution or an environmental hazard. (d) Statement of equal rights All nonWhite persons within the jurisdiction of the United States shall have the same right in every State and territory as is enjoyed by White citizens to the full and equal benefit and enjoyment of economic activity, to security of their persons and property, to make and enforce contracts, including carrying out the contract formation process, and to sue, be parties, and give evidence, and to the full and equal benefit of all laws and proceedings, and shall be subject, in comparison to White citizens, to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (e) Discriminatory effects also prohibited (1) In general No person shall use a criterion, method of administration, practice, or policy that has a disparate impact in violation of subsection (d). (2) Demonstration A challenged criterion, method of administration, practice, or policy that has an impact described in paragraph (1) shall be unjustifiable unless its user demonstrates that— (A) the use serves a legitimate purpose, which is both required by a substantial business necessity and not a pretext for discrimination; and (B) if the complaining party proffers an alternative, that that alternative is either inconsistent with substantial business necessity or would produce an equal or greater disparate impact on the basis of a classification protected by subsection (d). (3) Limitation on substantial business necessity defense A demonstration that a criterion, method of administration, practice, or policy is required by a substantial business necessity may not be used as a defense against a claim of intentional discrimination under this section. (f) Protection against impairment All rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law. (g) Burden of proof for discriminatory treatment actions (1) Protected classification In this subsection, the term protected classification means a classification protected by subsection (d). (2) Demonstration The equal rights guaranteed under subsection (d) shall be considered to be denied when the complaining party demonstrates that race or a protected classification was a motivating factor for the denial of such rights even though other factors also motivated the denial. A denial of equal rights guaranteed under subsection (d) may be established with comparator evidence or any other evidence that sufficiently demonstrates a denial of such rights, including evidence of conduct that a reasonable person would find racially hostile. (h) Standing Any person suffering injury in fact as a result of the alleged violation of this section may bring a claim or cause of action for damages, or for equitable or for declaratory relief, under this section. Standing shall not be limited to victims who were parties to, or third-party beneficiaries of, a contract with the defendant. (i) Respondeat superior liability Principals shall be liable for violations of this section by their agents, and local governments shall be liable for violations of this section by their employees, acting within the scope of their duties. (j) Jury trial right All persons within the jurisdiction of the United States shall have the right to enforce a right provided under this section in a court of law and before a jury of their peers, and no joint-action waiver or pre-dispute arbitration agreement shall be valid or enforceable with respect to any alleged violation of this section. (k) Statute of limitations All causes of action under this section shall be governed by the 4-year statute of limitations provided by section 1658(a) of title 28, United States Code. (l) Remediating past discrimination Nothing in this section shall be construed to prohibit or limit a lawful effort, under a provision other than this section, to remedy the effects of discrimination that has occurred or is occurring. . 3. Application to claims This Act, and the amendment made by this Act, shall apply to all claims of violations of section 1977 of the Revised Statutes that are pending on or after the date of enactment of this Act. 4. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s2298is/xml/BILLS-117s2298is.xml |
117-s-2299 | II 117th CONGRESS 1st Session S. 2299 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Peters (for himself, Mr. Young , Mr. Cruz , Ms. Baldwin , Mr. Braun , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To modify the age requirement for the Student Incentive Payment Program of the State maritime academies.
1. Short title This Act may be cited as the Changing Age-Determined Eligibility To Student Incentive Payments Act or the CADETS Act . 2. Age requirement for the Student Incentive Payment Program of the State maritime academies Section 51509 of title 46, United States Code, is amended by adding at the end the following: (i) Age requirement The Secretary may make an agreement under this section only with a qualified student who will meet the age requirement for enlistment in the Navy Reserve at the time of graduation from the academy. . | https://www.govinfo.gov/content/pkg/BILLS-117s2299is/xml/BILLS-117s2299is.xml |
117-s-2300 | II 117th CONGRESS 1st Session S. 2300 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To direct the Secretary of Housing and Urban Development to establish a grant program to help revitalize certain localities, and for other purposes.
1. Short title This Act may be cited as the Restoring Communities Left Behind Act . 2. Findings Congress finds the following: (1) As the United States continues to feel the devastating economic impacts of Coronavirus Disease 2019 (COVID–19), many urban and rural communities are still suffering from the effects of underwater mortgages, vacancy, abandoned properties, blight, aging housing stock, properties with deferred maintenance and harmful materials such as lead, asbestos, and mold, unemployment, and population loss. (2) While some cities and counties struggle with disinvestment and population loss, there are also pockets of economic distress in otherwise prosperous, growing areas. (3) Investments targeted to these communities left behind will be critical to ensure equitable economic recovery, job creation, and housing and neighborhood infrastructure revitalization. (4) The need to revitalize neighborhoods is greater than what can be supported with existing local tax bases. (5) Communities continue to suffer from the impact of governmental policies and private sector practices that forbade or discouraged mortgage lending in neighborhoods having significant minority populations. (6) Many State and local governments, land banks, and nonprofit organizations across the United States have responded to the housing crisis by creating cost-effective strategies to revitalize neighborhoods. (7) 2016 data from the Bureau of the Census shows that non-Hispanic, White households have an average net worth of $143,600, while Black households have an average net worth of $12,920 and Hispanic households have an average net worth of $21,420. (8) Housing equity is a significant portion of Black and Hispanic households’ net worth, making up nearly 57 percent of Black households’ net worth, 66.5 percent of Hispanic households’ net worth, and 40.8 percent of White households’ net worth, according to the Urban Institute’s calculations from the 2016 Survey of Consumer Finances. (9) The 2008 recession and the COVID–19 recession have exacerbated the racial wealth gap. (10) Funding innovative local neighborhood strategies will allow the United States to close the racial wealth gap, ensure equitable access to housing and economic mobility, and counter the lasting legacy of redlining policies. (11) Despite the strong requirement to affirmatively furthering fair housing under the Fair Housing Act ( 42 U.S.C. 3601 et seq. ), the lack of accountability measures implemented by the Department of Housing and Urban Development to ensure equitable use of housing and community development dollars in Federal programs has allowed for the perpetuation of the legacy of redlining and neighborhood disinvestment. (12) It is imperative that the Federal Government make funding available for the best local strategies to increase homeownership and preserve home equity in impacted areas, access to safe and affordable rental housing, economic growth, job creation, and to build on local assets to improve communities in ways that affirmatively further fair housing. 3. Definitions In this Act: (1) Anchor institution The term anchor institution means a school, a library, a healthcare provider, a community college or other institution of higher education, or another community support organization or entity. (2) Appropriate Congressional Committees The term appropriate congressional committees means— (A) the Committee on Financial Services and the Committee on Appropriations of the House of Representatives. (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate. (3) Community development financial institution 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 )). (4) Community land trust The term community land trust ’ means a nonprofit organization or a State or local government or instrumentality that— (A) uses a ground lease or deed covenant with an affordability period of not less than 30 years to— (i) make rental and homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (5) Eligible local partnership The term eligible local partnership means a partnership between— (A) a national or local nonprofit organization with expertise in community planning, engagement, organizing, development, or neighborhood revitalization; and (B) (i) a city or county government; (ii) a land bank; (iii) a fair housing enforcement organization; (iv) an anchor institution; (v) a nonprofit organization; (vi) a State housing finance agency or a related State agency; (vii) a community development financial institution; (viii) a public housing agency; or (ix) a combination of any entities described in clauses (i) through (viii). (6) Eligible locality The term eligible locality means one or more geographic areas at the neighborhood or county level that meet not less than four of the following objective criteria of economic distress, with specific thresholds set by the Secretary: (A) Dwelling unit sales prices are lower than the cost to acquire and rehabilitate, or build, a new dwelling unit. (B) High proportions of residential and commercial properties are vacant due to foreclosure, eviction, abandonment, or other causes. (C) Low rates of homeownership. (D) Racial disparities in homeownership rates. (E) High rates of poverty. (F) High rates of unemployment and underemployment. (G) Population loss. (H) Lack of private sector lending on fair and competitive terms for individuals to purchase homes or start small businesses. (I) Other indicators of economic distress, such as the lack of housing affordability, stemming from long-standing government policies and private sector practices that prevented mortgage lending in some communities, such as redlining. (7) Fair housing enforcement organization The term fair housing enforcement organization has the meaning given the term in section 561(h) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(h) ). (8) 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 ( 25 U.S.C. 1001 ). (9) Land bank The term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by one or more units of government in accordance with State or local land bank enabling law, that has been designated by one or more State or local governments to acquire, steward, and dispose of vacant, abandoned, or other problem properties in accordance with locally-determined priorities and goals. (10) Neighborhood revitalization support activity The term neighborhood revitalization support activity means an activity described in section 4(b). (11) Non-performing mortgage The term non-performing mortgage means a residential mortgage loan that is delinquent for a period of not less than 90 days. (12) Nonprofit organization The term nonprofit organization means an organization that 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. (13) Public housing agency The term public housing agency has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (14) Secretary The term Secretary means the Secretary of Housing and Urban Development. (15) Shared equity homeownership program The term shared equity homeownership program means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or a State or local government or instrumentality that— (A) provides affordable homeownership opportunities to households; and (B) utilizes a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions ensuring that the program shall— (i) maintain the home as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of not less than 30 years after recordation; (ii) apply a resale formula that limits the proceeds of the homeowner upon resale; and (iii) provide the program administrator or an assignee thereof a preemptive option to purchase the homeownership unit from the homeowner at resale. (16) State housing finance agency The term State housing finance agency has the meaning given the term in section 106(h) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(h) )). 4. Competitive grant program (a) Establishment Not later than the 120 days after the date of enactment of this Act, the Secretary shall establish a program to award competitive grants to eligible local partnerships to carry out neighborhood revitalization support activities described in subsection (b) in furtherance of a neighborhood revitalization strategy in an eligible locality. (b) Use of funds The neighborhood revitalization support activities described in this subsection are— (1) providing assistance to existing residents experiencing economic distress or at risk of displacement with homeowner rehabilitation assistance, weatherization, improved housing accessibility and livability for seniors and persons with disabilities, energy efficiency improvements, refinancing, housing counseling certified by the Secretary, including loss mitigation counseling, property tax relief, clearing and obtaining formal title, addressing outstanding housing-related expenses, or other activities that the Secretary determines are appropriate; (2) purchasing non-performing mortgages to assist existing homeowners and advance neighborhood stability; (3) supporting the purchase and redevelopment of vacant, abandoned, or distressed properties to create affordable rental housing, homeownership or shared equity homeownership opportunities, mixed-use properties, or commercial properties, which properties may be converted between rental and homeownership, including shared equity homeownership, upon termination of the lease or transfer of the property during the relevant period of affordability to ensure local community needs are met, properties do not sit vacant, and affordability is preserved; (4) providing pre-purchase counseling through housing counselors certified by the Secretary for neighborhood revitalization support activities that provide homeownership opportunities; (5) providing down payment assistance to prospective homebuyers; (6) establishing and operating community land trusts to provide affordable rental and homeownership opportunities, including shared equity homeownership opportunities; (7) demolishing abandoned or distressed structures, but only if such activity is part of a strategy that incorporates rehabilitation or new construction and efforts to increase affordable housing and homeownership, except that not more than 10 percent of any grant made under this section may be used for activities under this paragraph unless the Secretary determines that such use is to replace units in an effort to increase affordable housing or homeownership; (8) establishing or operating land banks to maintain acquire, redevelop, or sell properties that are abandoned or distressed, with preference among applications proposing activities under this paragraph to be given to applications that promote distribution of properties for affordable housing and small businesses; (9) improving parks, sidewalks, street lighting, and other neighborhood improvements that impact quality of life in the targeted neighborhoods, except that not more than 5 percent of any grant made under this section may be used for activities under this paragraph; and (10) in connection with any other eligible activity under this subsection, working with resident leaders and community groups to undertake community planning, outreach, and neighborhood engagement, consistent with the goals of increasing homeownership, stabilizing neighborhoods, reducing vacancy rates, creating jobs, increasing or stabilizing residential and commercial property values, and meeting other neighborhood needs, except that not more than 10 percent of any grant made under this section may be used for activities under this paragraph. (c) Affordability terms (1) Rental units In the case of property assisted pursuant to subsection (b)(3) containing any dwelling units that are made available for rental— (A) such units shall be available for rental only by a household having an income that does not exceed 60 percent of the median income for the area in which such unit is located; (B) such units shall remain affordable for not less than 30 years; (C) such property may be a mixed-use property; and (D) such unit shall be maintained in habitable condition, as defined by the locality in which the property is located. (2) Homeownership units In the case of property assisted pursuant to subsection (b)(3) consisting of a dwelling unit, or containing any dwelling units, made available for homeownership, such unit or units— (A) shall be available for purchase only to by a household having an income that does not exceed 120 percent of the median income for the area in which such unit is located; (B) if made available through a shared equity homeownership program, shall remain affordable for not less than 30 years; and (C) if not made available through a shared equity homeownership program— (i) shall remain affordable for a period of years as determined by the partnership, which shall not be shorter than 5 years from the sale of the unit; and (ii) shall be subject to resale or recapture provisions that— (I) are established by the partnership to ensure that the affordability term may be met or funds may be redeployed for neighborhood revitalization support activities; (II) may be waived in cases of hardship or market depreciation; and (III) provide that, in the case of a resale, the partnership may maintain preemptive purchase options in order to sell the property to another income qualified purchaser. (3) New terms If a property described in this subsection converts between rental and homeownership or shared equity homeownership, the affordability terms of the new tenure type shall be utilized upon occupancy. (d) Applications (1) In general To apply to receive a grant under this section, an eligible local partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Grant recipient priority selection criteria The Secretary shall prioritize awarding grants based on the following criteria: (A) The severity of the indicators of distress of the eligible locality described in section 3(6). (B) The extent to which the activities proposed will— (i) in the case of rental housing, benefit households having incomes not exceeding 30 percent of the median income for the area; and (ii) in the case of homeownership housing, including shared equity homeownership, benefit households having incomes not exceeding 80 percent of the median income for the area. (C) Whether the activities proposed will promote affordable homeownership and the extent to which those affordability terms will be preserved. (D) The extent to which an eligible local partnership that includes a public housing agency will use housing choice vouchers to support homeownership for households at or below 60 percent of area median income. (E) The demonstrated capacity of an eligible local partnership to execute the proposed eligible neighborhood revitalization support activities. (F) The demonstrated community planning, outreach, and engagement practices of an eligible local partnership. (G) The depth and breadth of the community partnership supporting the application. (H) The extent to which existing residents are assisted to prevent displacement. (I) The extent to which the proposed neighborhood revitalization support activities would help close the racial wealth gap by increasing minority homeownership, ensuring equitable access to housing and economic opportunity, and countering the ongoing legacy of redlining policies. (J) The extent to which development of new units are water and energy efficient. (K) The feasibility of the proposed neighborhood revitalization support activities considering local market conditions. (L) The extent to which an application demonstrates comprehensive community planning efforts and additional funds in hand or committed for activities in the geographic area that are not directly related to the provision of affordable housing, such as support for small, minority, and women-owned business activity in commercial zones in the targeted neighborhoods. (3) Geographical diversity The Secretary shall seek to make grants under this section for eligible local partnerships serving geographically diverse areas of economic distress, as described in section 3(6), including metropolitan and underserved rural areas. (e) Operation costs Not more than 15 percent of the amount of each grant under this section may be used by the recipient for administrative and organizational support costs. (f) Technical assistance and capacity building The Secretary may reserve up to 1 percent of any funds appropriated to carry out this section for technical assistance activities which support grantees under this program and 1 percent of funds from each grant awarded shall be used to develop grantee capacity to meet the requirements under paragraphs (1) and (2) of subsection (h). (g) Fair housing protections Funds provided under the program under this section may not be used to deny housing opportunities based on the criminal or eviction history, source of income, or veteran status of any member of a household. (h) Accountability of recipients (1) Requirements The Secretary shall— (A) require each grantee under this section to develop and maintain a system to ensure that each recipient of assistance uses those amounts in accordance with this section, the regulations issued under this section, and any requirements or conditions under which such amounts were provided; and (B) establish minimum requirements for agreements between the grantee and the Secretary, regarding assistance from grants under this section, which shall include— (i) appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this section and the regulations under this section; and (ii) any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance. (2) Publicly available information The Secretary shall make information regarding the results of assistance provided with amounts from grants under this section publicly available, which shall include at least the following information: (A) A list of recipients of grants awarded under this section and the amount of each such grant. (B) A description of each neighborhood revitalization support activity carried out by each such recipient and the impacts associated with each such activity, including the change in the rate of minority and first-time homeownership. (C) The total number of housing units acquired, redeveloped, or produced using grant amounts under this section. (D) The total number of housing units for rent, ownership, and shared equity homeownership assisted with grant amounts under this section and the number of bedrooms in each such unit. (E) The percentage of housing units assisted with grant amounts under this section that are affordable to low-, very low-, and extremely low-income households. (F) The number of such housing units located in areas where the percentage of households in a racial or ethnic minority group— (i) is not less than 20 percentage points higher than the percentage of the population of that minority group for the metropolitan statistical area; (ii) is not less than 20 percentage points higher than the percentage of the population of all minorities for the metropolitan statistical area; and (iii) exceeds 50 percent of the population. (G) Any other information that the Secretary determines necessary to ensure that housing outcomes and grant administration and compliance align with the purposes of this Act. (i) Report Not later than 2 years after grants under this section are first awarded and 3 years thereafter, the Secretary shall submit to the appropriate congressional committees, and make publicly available online, a report that— (1) evaluates the impact of the program established under this section; (2) describes demographic changes in the eligible localities served by grantees of grants under this section, including changes in income, race, and ethnicity, property values, and unemployment rates; (3) identifies the number of housing units assisted with grant amounts under this section located in high- and low-poverty census tracts; (4) identifies the number of accessible units created and modified with grant amounts under this section and where such units are located using the most granular location measurement that is feasible such as at the Census block group level; and (5) identifies where housing units assisted with grant amounts are located in relation to community assets, including high performing schools and public transportation options. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $5,000,000,000 for each of fiscal years 2021 through 2031. (2) Set aside (A) In general The Secretary shall award not less than $500,000,000 of any amounts appropriated pursuant to this subsection to eligible local partnerships that will provide neighborhood revitalization support activities to localities outside of a Metropolitan Statistical Area, as designated by the Office of Management and Budget. (B) Exception The priority under subsection (d)(2)(L) (relating to matching funds) shall not apply to amounts awarded under this paragraph. (3) NOFA Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a Notice of Funding Availability for grants under this section. 5. Self-Help Homeownership Opportunity Program There is authorized to be appropriated for grants under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 note) $250,000,000 for fiscal year 2021, which shall remain available until September 30, 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s2300is/xml/BILLS-117s2300is.xml |
117-s-2301 | II 117th CONGRESS 1st Session S. 2301 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Schatz (for himself, Mr. Blumenthal , and Ms. Klobuchar ) 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 capacity-building assistance to institutions of higher education to examine and address inequities in college student access and success, and for other purposes.
1. Short title This Act may be cited as the College Equity Act of 2021 . 2. Sense of Congress It is the sense of Congress that institutions of higher education should examine institutional policies related to admissions, financial aid, remedial education, support services, coursework, faculty, and staff that may have differential impacts on historically underrepresented students. 3. Equity grants Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. ) is amended by adding at the end the following: F Equity grants 791. Equity planning grants (a) Authorization (1) In general The Secretary shall award planning grants to institutions of higher education to encourage institutions to conduct equity audits. (2) Duration A grant award under this section shall be 2 years in duration. (3) Minimum grant award A grant award under this section shall be in an amount that is not less than $100,000. (b) Applications A institution of higher education that desires to receive a planning grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information, as the Secretary may require, including not less than the following: (1) A narrative statement with sufficient detail regarding how the institution intends to conduct the equity audit and that provides examples of certain policies, practices, and trends the institution intends to examine. (2) A description of all relevant offices, staff, and student representation who will be involved in implementing the equity audit, including demographic makeup of staff who will be involved in implementing the equity audit, disaggregated by race, gender, tenure status, and rank. (3) A description of what specific data, enrollment data, and outcome measures the institution will examine and for which student populations, disaggregated by gender, race, ethnicity, national origin, income, criminal justice background, military service history, age, first-generation student status, students with disabilities, student parents, and transfer students. (c) Use of grant funds An institution of higher education that receives a planning grant under this section to conduct an equity audit shall undertake a thorough internal review of the institution's policies, practices, and resources to identify areas that might produce gaps in access and outcomes by gender, race, ethnicity, national origin, income, criminal justice background, military service history, or age, or for first-generation students, students with disabilities, student parents, and transfer students. The equity audit shall examine, with respect to the institution of higher education, the following: (1) Admissions policies, including the demographics of the State or region where the institution is located, the demographics of communities where the institution recruits, the secondary schools from which enrolled students have graduated, the makeup of students admitted through early admissions, early decision, demonstrated interest, athletic preference admissions, and legacy admissions, the use of race, standardized tests, questions about citizenship status, and questions about criminal convictions in admissions processes, the use of application fees and waivers, and the treatment and admission of transfer students and credit transfer policies, including articulation agreements. (2) Outreach, communication, and other interactions with students who accept admission to the institution to ensure they officially enroll when the school term begins, including interactions to encourage students to accept their offer of admission. (3) The financial aid awarding policies and processes, including presentation of offer letters that clearly state the cost of attendance and make clear the difference between types of aid to students, the financial aid appeal process, the process of handling student accounts if funds are delayed due to verification, institutional grant aid policies (including the distribution of need-based and non-need-based grants), the process of distribution of campus-based aid, the availability and distribution of emergency aid, the availability or usage of in-kind assistance programs, and the process of which students receive institutional support and which students lose institutional support and when that occurs. (4) Access to, and participation in, pre-college and first-year experience offerings, such as orientation and bridge programs and advising. (5) Educational supports, such as remedial placement and success, gateway and intro course placement and success, academic resource center usage, advisor to student ratios, and how students are differentially affected by satisfactory academic progress policies. (6) Student support services, including demographics of staff and students served by academic or career advising, child care centers, mentoring programs, and mental health and counseling services. (7) Access to, and availability of, identity-based centers, staff, academic departments, and extracurricular organization for students of color, LGBTQ students, veterans, and other students. (8) Access to, and participation in, small academic programs, STEM programs, study abroad, undergraduate research opportunities, internships, volunteer programs, and civic service programs. (9) Diversity among administrators, advisers, faculty overall, adjunct faculty, and teachers of core and introductory-level courses, including pay equity, career advancement, and tenure, and the demographics of faculty teaching historically underrepresented students. (10) Hiring processes for administrators, advisers, faculty overall, adjunct faculty, and teachers of core and introductory-level courses. (11) Physical accessibility on the grounds of the institution and programmatic accessibility of campus services, activities, and programs. (12) Demographics of students hired by employers who recruit on campus for internships or employment or that the institution has partnerships with in work-based programs. (13) Any other policy, practice, or trend the institution deems relevant to identify areas that might produce gaps in access or outcomes, such as disciplinary fines and billing practices that lead to institutional holds or preventing students from enrolling. (d) Reporting requirement An institution of higher education that receives a grant under this section shall submit a report to the Secretary detailing findings of the equity audit not later than 90 days after the date that the grant period ends and make the report available on the website of the institution. 792. Equity implementation grants (a) Definitions In this section: (1) Educational and related expenditures (A) In general The term educational and related expenditures means, with respect to an institution of higher education for an academic year, the total amount that is equal to the sum of— (i) the amount expended by the institution of higher education in the academic year for instruction and student services, and (ii) the amount determined under subparagraph (B) with respect to the institution of higher education for the academic year. (B) Education share With respect to an institution of higher education for an academic year, the amount determined under this subparagraph is equal to the product of— (i) the percentage that is equal to— (I) the amount expended by the institution of higher education in the academic year for instruction and student services, divided by (II) the amount expended by the institution of higher education in the academic year for instruction, student services, research, and public service, and (ii) the amount expended by the institution of higher education in the academic year for instruction, student services, and operation maintenance. (2) Eligible entity The term eligible entity means an institution of higher education that has received an equity planning grant under section 791. (3) Full-time equivalent undergraduate students The term full-time equivalent undergraduate students means the sum of the number of undergraduate students enrolled full time at an institution of higher education, plus the full-time equivalent of the number of undergraduate students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution. (b) Authorization of grants (1) In general The Secretary shall award, on a competitive basis, implementation grants to enable eligible entities to develop and execute an improvement plan to address the findings of the equity audit. (2) Determination of grant size The Secretary shall award implementation grants under this section in an amount based on— (A) the eligible entity's enrollment size; and (B) the severity of equity audit findings, including low overall performance outcomes or large performance gaps between groups of students. (3) Duration A grant award under this section shall be 5 years in duration. (c) Application (1) In general An eligible entity that desires to receive an implementation grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information, as the Secretary may require. (2) Contents Each application submitted under paragraph (1) shall include the following: (A) Demographic information and data about the eligible entity, including a description of the entity’s mission, history, enrollment size, enrollment by race or ethnicity, the student population it serves, and educational and related expenditures. (B) A description of equity audit findings, including the gaps in outcomes identified and for which group of students, including by race or ethnicity. (C) An improvement plan that includes a description of the specific activities the eligible entity will carry out with the funds made available by such grant to address the specific gaps or problems identified by the equity audit. (D) A description of how the eligible entity will annually monitor and assess its progress in closing achievement gaps. (E) A description of the level of institutional commitment and which institutional leaders and offices will be involved in the planning, improvement, and assessment process. (3) Priority An application submitted under paragraph (1) shall receive priority based on the following: (A) The average educational and related expenditures per full-time equivalent undergraduate student of the eligible entity is low in comparison with the average educational and related expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction. (B) The eligible entity demonstrates low overall performance outcomes or large performance gaps between groups of students and submits additional written statements from select executive-level institutional leaders, including members of any governing board of trustees, to demonstrate their interest and commitment to executing the improvement plan. (C) The eligible entity has an enrollment of students not less than 30 percent of whom are eligible to receive a Federal Pell Grant. (d) Reporting requirements (1) Progress reports An eligible entity awarded an implementation grant under this section shall submit a report detailing progress on its improvement plan to the Secretary not later than 3 years after being awarded the grant and again not later than 5 years after being awarded the grant. (2) Final report Not later than 90 days after the date a grant period awarded under this section ends, the Secretary shall submit to Congress a report detailing the grantee’s initial equity audit findings and progress in addressing identified equity gaps. 793. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year. . 4. Accreditation Section 496(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(a) ) is amended— (1) in paragraph (7), by striking and after the semicolon; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (9) such agency or association shall— (A) assess findings from an equity audit conducted under section 791 of any institution of higher education the agency or association accredits; and (B) provide ongoing feedback and technical assistance to help such institutions address the findings from the equity audit and share best practices from the equity audits. . | https://www.govinfo.gov/content/pkg/BILLS-117s2301is/xml/BILLS-117s2301is.xml |
117-s-2302 | II 117th CONGRESS 1st Session S. 2302 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to assign certain functions to the Assistant Secretaries of Energy relating to energy emergencies and energy security, and for other purposes.
1. Energy emergency and energy security functions assigned to Assistant Secretaries of Energy (a) In general Section 203(a) of the Department of Energy Organization Act ( 42 U.S.C. 7133(a) ) is amended— (1) in the matter preceding paragraph (1), in the second sentence, by striking , but are not limited to, ; and (2) by adding at the end the following: (12) Energy emergency and energy security functions, including— (A) responsibilities with respect to infrastructure, cybersecurity, emerging threats, supply, and emergency planning, coordination, response, and restoration; and (B) on request of a State, local, or Tribal government or energy sector entity, and in consultation with other Federal agencies, as appropriate, provision of technical assistance, support, and response capabilities with respect to energy security threats, risks, and incidents. . (b) Coordination The Secretary of Energy shall ensure that the functions of the Secretary of Energy described in paragraph (12) of section 203(a) of the Department of Energy Organization Act ( 42 U.S.C. 7133(a) ) are performed in coordination with relevant Federal agencies. | https://www.govinfo.gov/content/pkg/BILLS-117s2302is/xml/BILLS-117s2302is.xml |
117-s-2303 | II 117th CONGRESS 1st Session S. 2303 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to Lai Chee ying (“Jimmy Lai”), Law Wai kwong (“Ryan Law”), Cheung Kim hung, Chow Tat kuen (“Royston Chow”), Chan Pui man, Cheung Chi wai, Yeung Ching kee (“Li Ping”), and all the men and women who worked for Apple Daily in recognition of their commitment to freedom and democracy in Hong Kong in the face of the tyranny of the Chinese Communist Party.
1. Short title This Act may be cited as the Democracy in Hong Kong Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) Lai Chee ying ( Jimmy Lai ) is a Hong Kong entrepreneur, pro-democracy activist and founder of Giordano, an Asian clothing retainer, Next Digital, a Hong Kong-listed media company, and the popular newspaper Apple Daily. (2) Lai is a prominent critic of the Chinese Communist Party and was a leader of Hong Kong’s 2014 Umbrella Movement and has been accused and tried for his involvement in the 2019–2020 pro-democracy movement. Lai has been unjustly arrested on multiple occasions for his criticism of the Chinese Communist Party. (3) On August 10, 2020, Lai was arrested on suspicion of collaborating with foreign forces and the offices of Apple Daily were raided by Hong Kong police officers. The charges were brought forth under the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region enacted by the Chinese Communist Party on June 30, 2020. (4) In December 2020, Lai was awarded the Freedom of Press Award by Reporters Without Borders for his role in founding Apple Daily. (5) On April 16, 2021, after a sham trial, Lai was sentenced to 14 months in prison for his support of democracy in Hong Kong. (6) On June 17, 2021, police again raided Apple Daily’s news room, seized journalists’ computers, arrested top editors, and froze $2,300,000 of the paper’s assets. Among the arrested were Next’s chief executive, Cheung Kim hung, and Chow Tat kuen ( Royston Chow ), its chief operating officer, Law Wai kwong ( Ryan Law ), Apple Daily’s chief editor, Cheung Chi wai, the chief executive editor, and Chan Pui man, deputy chief editor. (7) On June 23, 2021, Apple Daily announced its forced closure due to the current circumstances in Hong Kong. Apple Daily’s lead opinion writer, Yeung Ching kee, who publishes under the name Li Ping was also arrested. (8) Even amidst the raids and arrests, Apple Daily heroically continued to report on the police operation with reporters writing on their phones after their computers were seized. (9) Apple Daily has, at great cost, demonstrated the importance of maintaining freedom of speech and of the press in spite of the vicious authoritarianism of the Chinese Communist Party. (10) The reporters, journalists, editors, and employees at both Apple Daily and Next Digital have exhibited courage and determination in the face of the Chinese Communist Party’s tyranny and deserve to be commended by the people of the United States for their fight for freedom and truth. 3. Congressional Gold Medal (a) Presentation authorized 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 Congress, of a gold medal of appropriate design to Lai Chee ying ( Jimmy Lai ), Law Wai kwong ( Ryan Law ), Cheung Kim hung, Chow Tat kuen ( Royston Chow ), Chan Pui man, Cheung Chi wai, Yeung Ching kee ( Li Ping ), and all the men and women who worked for Apple Daily in recognition of their commitment to freedom and democracy in Hong Kong in the face of the tyranny of the Chinese Communist Party. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. National medals Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s2303is/xml/BILLS-117s2303is.xml |
117-s-2304 | II 117th CONGRESS 1st Session S. 2304 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Durbin (for himself, Mr. Grassley , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to require that direct-to-consumer advertisements for prescription drugs and biological products include an appropriate disclosure of pricing information.
1. Short title This Act may be cited as the Drug-Price Transparency for Competition Act of 2021 or the DTC Act of 2021 . 2. Findings; sense of the Senate (a) Findings Congress finds the following: (1) Direct-to-consumer advertising of prescription pharmaceuticals is legally permitted in only 2 developed countries, the United States and New Zealand. (2) In 2018, pharmaceutical ad spending exceeded $6,046,000,000, a 4.8 percent increase over 2017, resulting in the average American seeing 9 drug advertisements per day. (3) The most commonly advertised medication in the United States has a list price of more than $6,000 for a one-month’s supply. (4) A 2021 Government Accountability Office report found that two-thirds of all direct-to-consumer drug advertising between 2016 and 2018 was concentrated among 39 brand-name drugs or biological products, about half of which were recently approved by the Food and Drug Administration. (5) According to a 2011 Congressional Budget Office report, pharmaceutical manufacturers advertise their products directly to consumers in an attempt to boost demand for their products and thereby raise the price that consumers are willing to pay, increase the quantity of drugs sold, or achieve some combination of the two. (6) Studies, including a 2012 systematic review published in the Annual Review of Public Health, a 2005 randomized trial published in the Journal of the American Medical Association, and a 2004 survey published in Health Affairs, show that patients are more likely to ask their doctor for a specific medication and for the doctor to write a prescription for it, if a patient has seen an advertisement for such medication, even if such medication is not the most clinically appropriate for the patient or if a lower-cost generic medication may be available. (7) According to a 2011 Congressional Budget Office report, the average number of prescriptions written for newly approved brand-name drugs with direct-to-consumer advertising was 9 times greater than the average number of prescriptions written for newly approved brand-name drugs without direct-to-consumer advertising. (8) The Centers for Medicare & Medicaid Services is the single largest drug payer in the United States. Between 2016 and 2018, 58 percent of the $560,000,000,000 in Medicare drug spending was for advertised drugs, and in 2018 alone, the 20 most advertised drugs on television cost Medicare and Medicaid a combined $34,000,000,000. (9) A 2021 Government Accountability Office report found that direct-to-consumer advertising may have contributed to increases in Medicare beneficiary use and spending among certain drugs. (10) The American Medical Association has passed resolutions supporting the requirement for price transparency in any direct-to-consumer advertising, stating that such advertisements on their own inflate demand for new and more expensive drugs, even when these drugs may not be appropriate . (11) A 2019 study published in the Journal of the American Medical Association found that health care consumers dramatically underestimate their out-of-pocket costs for certain expensive medications, but once they learn the wholesale acquisition cost (in this section referred to as the WAC ) of the product, they are far better able to approximate their out-of-pocket costs. (12) Approximately half of Americans have high-deductible health plans, under which they often pay the list price of a drug until their insurance deductible is met. All of the top Medicare prescription drug plans use coinsurance rather than fixed-dollar copayments for medications on nonpreferred drug tiers, exposing beneficiaries to WAC prices. (13) Section 119 of division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) requires the Secretary of Health and Human Services to increase the use of real-time benefit tools to lower beneficiary costs. However, there still remains a lack of available pricing tools so patients may not learn of their medication’s cost until after being given a prescription for the medication. A 2013 study published in The Oncologist found that one-quarter of all cancer patients chose not to fill a prescription due to cost. (14) The Federal Government already exercises its authority to oversee certain aspects of direct-to-consumer drug advertising, including required disclosures of information related to side effects, contraindications, and effectiveness. (b) Sense of Congress It is the sense of Congress that— (1) a lack of transparency in pricing for pharmaceuticals has led to a lack of competition for such pharmaceuticals, as evidenced by a finding by the Department of Health and Human Services that Consumers of pharmaceuticals are currently missing information that consumers of other products can more readily access, namely the list price of the product, which acts as a point of comparison when judging the reasonableness of prices offered for potential substitute products (84 Fed. Reg. 20735); (2) in an age where price information is ubiquitous, the prices of pharmaceuticals remain shrouded in secrecy and limited to those who subscribe to expensive drug price reporting services, which typically include pharmaceutical manufacturers or other health care industry entities and not the general public; (3) greater insight and transparency into drug prices will help consumers know if they can afford to complete a course of therapy before deciding to initiate that course of therapy; (4) price shopping is the mark of rational economic behavior, and markets operate more efficiently when consumers have relevant information about a product, including its price, before making an informed decision about whether to buy that product; (5) providing consumers with basic price information may result in the selection of lesser cost alternatives, all else being equal relative to the patient’s care, and is integral to providing adequate competition in the market; (6) the WAC is a factual, objective, and uncontroversial definition for the list price of a medication, in that it is defined in statute, reflects an understood place in the supply chain, and is at the sole discretion of the manufacturer to set; (7) there is a governmental interest in ensuring that consumers who seek to purchase pharmaceuticals for purposes of promoting their health and safety understand the objective list price of any pharmaceutical that they are encouraged through advertisements to purchase, which allows consumers to make informed purchasing decisions; and (8) there is a governmental interest in mitigating wasteful expenditures and promoting the efficient administration of the Medicare program by slowing the growth of Federal spending on prescription drugs. 3. Requirement that direct-to-consumer advertisements for prescription drugs and biological products include an appropriate disclosure of pricing information Part A of title XI of the Social Security Act is amended by adding at the end the following new section: 1150D. Requirement that direct-to-consumer advertisements for prescription drugs and biological products include an appropriate disclosure of pricing information (a) In general The Secretary shall require that each direct-to-consumer advertisement for a prescription drug or biological product for which payment is available under title XVIII or XIX includes an appropriate disclosure of pricing information with respect to the drug or product. (b) Appropriate disclosure of pricing information For the purposes of subsection (a), an appropriate disclosure of pricing information, with respect to a prescription drug or biological product— (1) shall include a disclosure of the wholesale acquisition cost (as defined in section 1847A(c)(6)(B)) for a 30-day supply of (or, if applicable, a typical course of treatment for) such drug or product; (2) shall be presented clearly and conspicuously, as appropriate for the medium of the advertisement; and (3) may include additional qualitative or quantitative information regarding the price of such drug or product explaining that certain patients may pay a different amount depending on their insurance coverage. (c) Enforcement Any person who violates the requirement of this section may be subject to a civil money penalty of not more than $100,000 for each such violation or to another enforcement mechanism determined by the Secretary. Any civil money penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. (d) Regulations The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall promulgate regulations to carry out this section. Such regulations shall determine the components of the requirement under this section, including the forms of advertising, the manner of disclosure, the appropriate sanctions, and the appropriate disclosure of pricing information. . | https://www.govinfo.gov/content/pkg/BILLS-117s2304is/xml/BILLS-117s2304is.xml |
117-s-2305 | II 117th CONGRESS 1st Session S. 2305 IN THE SENATE OF THE UNITED STATES June 24, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To enhance cybersecurity education.
1. Short title This Act may be cited as the Cybersecurity Opportunity Act . 2. Dr. David Satcher cybersecurity education grant program (a) Authorization of grants The Secretary of Homeland Security shall— (1) award grants to assist public institutions of higher education that have an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(d) )), Historically Black Colleges and Universities, and minority-serving institutions, to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity through the program carried out by the National Security Agency and the Department of Homeland Security; and (2) award grants for a 5-year pilot period to build capacity to public institutions of higher education that have an enrollment of needy students (as defined in section 312(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(d) )), Historically Black Colleges and Universities, and minority-serving institutions, to expand cybersecurity education opportunities, cybersecurity technology and programs, cybersecurity research, and cybersecurity partnerships with public and private entities. (b) Applications An eligible institution seeking a grant under subsection (a) shall submit an application to the Secretary of Homeland Security at such time, in such manner, and containing such information as the Secretary may reasonably require, including a statement of how the institution will use the funds awarded through the grant to expand cybersecurity education opportunities at the eligible institution. (c) Activities An eligible institution that receives a grant under this section may use the funds awarded through such grant for increasing research, education, technical, partnership, and innovation capacity, including for— (1) building and upgrading institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities; and (2) building and upgrading institutional capacity to provide hands-on research and training experiences for undergraduate and graduate students. | https://www.govinfo.gov/content/pkg/BILLS-117s2305is/xml/BILLS-117s2305is.xml |
117-s-2306 | II 117th CONGRESS 1st Session S. 2306 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Cantwell (for herself and Ms. Murkowski ) 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 support upgrades at existing hydroelectric dams and the removal of obsolete river obstructions to improve the health of the Nation’s rivers and associated wildlife habitat and increase clean energy production, public safety, and for other purposes.
1. Short title This Act may be cited as the Maintaining and Enhancing Hydroelectricity and River Restoration Act of 2021 . 2. Credit for maintaining and enhancing hydroelectric dams (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 48C the following new section: 48D. Credit for maintaining and enhancing hydroelectric dams (a) In general For purposes of section 46, the credit for maintaining and enhancing hydroelectric dams for any taxable year is 30 percent of the basis of any qualified dam safety, environmental, and grid resilience enhancement property placed in service during such taxable year. (b) Limitation No credit shall be allowed under subsection (a) with respect to any qualified dam safety, environmental, and grid resilience property unless the qualified dam in connection with which such property was placed in service meets all applicable Federal, State, and tribal requirements with respect to such dam on the date such property is placed in service. (c) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (d) Definitions For purposes of this section— (1) Qualified dam safety, environmental, and grid resilience property The term qualified dam safety, environmental, and grid resilience enhancement property means any property— (A) which is— (i) dam safety property, (ii) environmental improvement property, or (iii) grid resilience property, (B) (i) the construction, reconstruction, or erection of which is completed by the taxpayer, or (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and (C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. (2) Dam safety property The term dam safety property means property the purpose of which is to maintain or improve dam safety on a qualified dam to ensure acceptable performance under all loading conditions (static, hydrologic, seismic) in accordance with applicable regulatory criteria and risk guidelines, including— (A) the maintenance or upgrade of spillways or other appurtuant structures, (B) dam stability, including erosion repair and enhanced seepage controls, and (C) upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction. (3) Environmental improvement property The term environmental improvement property means property the purpose of which is to— (A) add or improve safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified dam, (B) maintain or improve the quality of the water retained or released by a qualified dam, (C) promote downstream sediment transport processes and habitat maintenance with respect to a qualified dam, or (D) provide for or improve recreational access to the vicinity of a qualified dam, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity. (4) Grid resilience property (A) In general The term grid resilience property means property— (i) the purpose of which is to provide the ability of a hydroelectric facility at a qualified dam to contribute to electricity grid resilience and efficiency by— (I) adapting more quickly to changing grid conditions, (II) providing ancillary services (including black start capabilities, voltage support, and spinning reserves), (III) integrating other variable sources of electricity generation, or (IV) managing accumulated reservoir sediments, or (ii) which is a qualified dam described in paragraph (5)(B). (B) Mitigation and environmental review requirements Such term shall not include any property described in subparagraph (A)(i) unless any physical or operational changes instituted in connection with the activities described in such subparagraph have been authorized under applicable Federal, State, and tribal permitting or licensing processes which include appropriate mitigation conditions arising from consultation and environmental review under such processes. (5) Qualified dam The term qualified dam means any of the following: (A) A hydroelectric dam which is licensed by the Federal Energy Regulatory Commission or legally operating without such a license and was placed in service before the date of the enactment of this section. (B) A hydroelectric dam which— (i) was licensed by the Federal Energy Regulatory Commission before December 31, 2020, (ii) is under active license from the Federal Energy Regulatory Commission on the date of enactment of this section, (iii) meets the requirements of subclauses (I) and (III) of sections 242(b)(1)(B)(ii) of the Energy Policy Act of 2005 ( 42 U.S.C. 15881 ), (iv) is placed in service on or after the date of the enactment of this section, and (v) does not contribute to atmospheric pollution. (C) Any dam which— (i) was placed in service before the date of the enactment of this section, (ii) is operated on such date of enactment for any beneficial public use except hydropower generation, and (iii) is authorized after such date of the enactment for hydropower development by the Federal Energy Regulatory Commission, the Bureau of Reclamation, or a State, as appropriate. (D) Any dam which was placed in service before the date of the enactment of this section and which is a qualified nonpowered dam (as defined in section 34(e)(3) of the Federal Power Act (16 U.S.C. § 823e(e)(3)). (e) Elective payment (1) In general In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any portion of the credit which would (without regard to this subsection) be determined under this section with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to 100 percent of such amount. (2) Timing The payment described in subsection (a) shall be treated as made on the later of the due date of the return of tax for such taxable year or the date on which such return is filed. (3) Denial of double benefit Solely for purposes of section 38, in the case of a taxpayer making an election under this subsection, the credit determined under this section shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election. (4) Application to certain tax-exempt persons In the case of a taxpayer making an election under this subsection, the credit subject to such an election shall be determined notwithstanding— (A) section 50(b)(3), and (B) section 50(b)(4), with respect to an entity described in section 50(b)(4)(A)(i). (f) Special rule for property financed by subsidized energy financing or tax-Exempt bonds For purposes of this section, rules similar to the rules of section 48(a)(4) (determined without regard to subparagraph (D) thereof) shall apply. . (b) Conforming amendments (1) Section 46 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) the credit for maintaining and enhancing hydroelectric dams. . (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding at the end the following new clause: (vi) the basis of any qualified property taken into account under section 48D(d). . (3) Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(c) . (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: Sec. 48D. Credit for maintaining and enhancing hydroelectric dams. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, 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). 3. Credit for obsolete river obstruction removal expenditures (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 after section 45T the following new section: 45U. Credit for obsolete river obstruction removal expenditures (a) In general For purposes of section 38, the credit for obsolete river obstruction removal expenditures for any taxable year is 30 percent of the qualified obsolete river obstruction removal expenditures incurred during such taxable year. (b) Qualified obsolete river obstruction removal expenditures For purposes of this section— (1) In general The term qualified obsolete river obstruction removal expenditures means any expenditure to demolish and remove, in whole or in part, any dam described in paragraph (2) and its associated infrastructure, including all associated remediation and ecosystem restoration costs, so long as— (A) the work is performed with the consent of the dam owner, if available, and (B) none of the expenses incurred are used to demolish or remove a Federally-owned hydroelectric dam. (2) Dam described A dam is described in this paragraph if such dam is— (A) a qualified nonpowered dam (as defined in section 34(e)(3) of the Federal Power Act (16 U.S.C. § 823e(e)(3)), or (B) a hydroelectric dam which is not owned by the Federal government. (c) Application to tax-Exempt entities (1) In general In the case of qualified obsolete river obstruction removal expenditures incurred by an eligible entity, the Secretary shall promulgate regulations to allow the allocation of the credit under this section to the person primarily responsible for designing the property in lieu of the owner of such property, with such person to be treated as the taxpayer for purposes of this section. (2) Eligible entity For purposes of this subsection, the term eligible entity means— (A) a Federal, State, or local government or a political subdivision thereof, (B) an Indian tribe (as defined in section 45A(c)(6)), or (C) an organization described in section 501(c) and exempt from tax under section 501(a). (d) Elective payment (1) In general In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to any portion of the credit which would (without regard to this subsection) be determined under this section with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to 100 percent of such amount. (2) Timing The payment described in subsection (a) shall be treated as made on the later of the due date of the return of tax for such taxable year or the date on which such return is filed. (3) Denial of double benefit Solely for purposes of section 38, in the case of a taxpayer making an election under this subsection, the credit determined under this section shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election. . (b) Conforming amendments (1) Section 38(b) of the Internal Revenue Code of 1986 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 credit for obsolete river obstruction removal expenditures under section 45U(a). . (2) Section 280C of such Code is amended by adding at the end the following new subsection: (i) Credit for obsolete river obstruction removal expenditures No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45U for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45U(a). . (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45T the following new item: Sec. 45U. Credit for obsolete river obstruction removal expenditures. . (c) Effective date The amendments made by this section shall apply to any obsolete river obstruction removal expenditures (as defined in section 45U of the Internal Revenue Code of 1986, as added by this section) incurred after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2306is/xml/BILLS-117s2306is.xml |
117-s-2307 | II 117th CONGRESS 1st Session S. 2307 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mrs. Gillibrand (for herself, Mr. Cassidy , Mr. Brown , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the establishment of COVID–19 and pandemic response centers of excellence.
1. Short title This Act may be cited as the COVID–19 and Pandemic Response Centers of Excellence Act of 2021 . 2. COVID–19 and pandemic response centers of excellence (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall award grants, contracts, or cooperative agreements to academic medical centers for the establishment or continued support of not less than 10 centers of excellence to address issues associated with— (1) COVID–19, including— (A) testing and diagnostics, including availability and accessibility; (B) patient care, including related follow-up care for COVID–19 survivors; (C) best practices in the use of supplies and therapeutics; (D) mental health treatment of frontline health care workers and other caregivers; (E) health, health care disparities, and best practices for promoting health equity; (F) research; and (G) education and training, including for health professionals, scientists, and communities; and (2) future pandemic preparedness and response, including the priorities described in paragraph (1)— (A) working in a coordinated fashion with the advisory committee under subsection (c) and respective State and local health authorities for the purposes of disseminating information, best practices, and other such public health-related measures; and (B) readiness to conduct or contribute to basic, clinical, and translational research into novel or existing public health threats to save lives, which is not limited to participating in diverse clinical trial research or vaccine, diagnostic, or therapeutic development, however appropriate. (b) Eligibility To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall— (1) be an academic medical center; and (2) submit to the Secretary of Health and Human Services an application at such time, in such manner, and containing such information as the Secretary may require, including a description of— (A) how the entity will conduct or contribute to the activities described in such subsection; (B) how many individuals with COVID–19 the entity has cared for and the entity’s continued capacity and expertise to provide such care, and how the entity improves health outcomes, and reduces health inequities among such individuals; (C) how the entity plans to comprehensively care for COVID–19 survivors; (D) how the entity identifies and addresses the mental health needs of the frontline health care workforce to ensure the ability of such individuals to continue to care for the community, in addition to current and future COVID–19 patients; (E) how the entity will conduct research and address health and health care inequities by identifying, implementing, or developing COVID–19 evidenced-based strategies and interventions and engaging the populations heavily impacted by COVID–19 in their community; (F) how the entity will engage with the community and share information concerning COVID–19 basic, clinical, translational, and implementation research, including vaccine research; (G) the most significant risk factors and comorbidities of COVID–19 patients observed by the entity and strategies employed by the entity to reduce the risk of COVID–19 transmission; (H) the long-term health effects of COVID–19 and effective treatments utilized by the entity to treat those infected with COVID–19; (I) secondary factors in COVID–19 mobility and mortality identified by the entity, such as antibiotic resistant infections and blood clotting disorders; (J) how the entity will collaborate with other health care institutions, public health agencies, and community-based organizations to ensure equitable care to marginalized and underserved populations, including rural and ethnic minority communities; (K) how the entity will conduct research involving the unique pathophysiology of COVID–19 in children and adolescents and the unique needs of pregnant women; and (L) how the entity is prepared to contribute to advance planning and real-time response efforts for subsequent outbreaks that present a significant potential to imminently become a national public health emergency. (c) Advisory Committee (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an advisory committee to facilitate collaboration, information sharing, and the dissemination of best practices relating to the COVID–19 pandemic, in addition to preparing for, monitoring, mitigating, and responding to future pandemics. The advisory committee shall be composed of a designee of each of the following: (A) The Director of the Centers for Disease Control and Prevention. (B) The Director of the National Institutes of Health. (C) The Commissioner of Food and Drugs. (D) The Assistant Secretary for Preparedness and Response. (E) The Director of the Biomedical Advanced Research and Development Authority. (F) The Secretary of Defense. (G) A representative from each center of excellence under this section. (H) Not more than 20 representatives from national organizations that work with and are able to represent populations disproportionally impacted by COVID–19, and populations vulnerable for disproportionate impact during a subsequent pandemic, and other health disparities. (2) Meetings The advisory committee under paragraph (1) shall convene not less than twice annually. (d) COVID–19 and Pandemic Response Centers of Excellence Program Fund (1) Establishment of Fund There is established a fund to be known as the COVID–19 and Pandemic Response Centers of Excellence Program Fund (referred to in this section as the Fund ) to provide awards under this section. (2) Appropriations Out of any funds in the Treasury not otherwise appropriated, there are authorized to be appropriated, and there are appropriated, to the Fund, $500,000,000. (e) Amount of award With respect to each center that receives an award under subsection (a), the amount of such award shall be not less than $10,000,000 for fiscal year 2021, and $5,000,000 for each of fiscal years 2022, 2023, 2024, 2025, and 2026. (f) Condition Each center of excellence shall, as a condition of receipt of funds under subsection (a), submit to the Secretary a budget that describes the activities to be funded under the award, which may include the purchasing of equipment, costs related to construction, and other such activities that contribute to the center’s ability to address the issues described in subsection (a) and to address and prepare for future pandemics. (g) Reporting process An entity that receives an award under this section shall work with an office within the Department of Health and Human Services, as designated by the Secretary, to submit progress reports and other such reports determined necessary by the Secretary. (h) Advisory committee reporting Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Advisory Committee 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 which shall include a synthesized analysis of all centers of excellence grantee findings, best practices determined for each item under paragraph (1) and (2) of subsection (a), policy recommendations, and other reports determined necessary by the Secretary. (i) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to this Act. (j) Distribution In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall, to the extent practicable, ensure an equitable national geographic distribution of such grants, contracts, and cooperative agreement including areas of the United States where the incidence of COVID–19 cases, or cases of a disease responsible for a subsequent pandemic, is highest. (k) Academic medical center defined In this section, the term academic medical center means an institution— (1) with— (A) integrated health care delivery; (B) medical education and training; (C) basic, clinical, translational, and implementation research operations; and (2) that meets such other criteria as the Secretary may establish. | https://www.govinfo.gov/content/pkg/BILLS-117s2307is/xml/BILLS-117s2307is.xml |
117-s-2308 | II 117th CONGRESS 1st Session S. 2308 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mr. Warnock (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend title 49, United States Code, to modify the threshold for small start projects under the fixed guideway capital investment grant program, to allow certain environmental review expenditures to count for purposes of non-Federal matches, and for other purposes.
1. Fixed guideway capital investment grants Section 5309 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; (B) by inserting after paragraph (1) the following: (2) Commuter or destination-based bus rapid transit project The term commuter or destination-based bus rapid transit project means a small start project utilizing buses— (A) in which the project represents a substantial investment in a defined corridor, as demonstrated by features that emulate the services provided by commuter rail or other rail fixed guideway public transportation systems, including— (i) defined stations; (ii) traffic signal or access to managed lanes for public transportation vehicles; (iii) short headway services for a substantial part of weekdays; and (iv) any other features the Secretary may determine support a long-term corridor investment; and (B) in which— (i) the majority of the project does not operate in a separated right-of-way dedicated for public transportation use during peak periods; and (ii) a substantial portion of the project operates in a highway right-of-way. ; and (C) in paragraph (8) (as so redesignated)— (i) in subparagraph (A), by striking $100,000,000 and inserting $320,000,000 ; and (ii) in subparagraph (B), by striking $300,000,000 and inserting $400,000,000 ; (2) in subsection (h), by adding at the end the following: (8) Commuter or destination-based bus rapid transit project ratings In issuing policy guidance under subsection (g)(5), the Secretary may establish alternative evaluation criteria for commuter or destination-based bus rapid transit projects for— (A) economic development effects associated with those projects; or (B) policies and land use patterns that support public transportation. ; (3) in subsection (k)(2), by striking subparagraphs (E) and (F); (4) in subsection (l), by adding at the end the following: (9) Environmental review expenditures Notwithstanding any other provision of law, with respect to a project that receives a grant under this section, an expenditure made to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) before the project enters project development may be considered as an expenditure that helps meet the non-Federal financial commitment required for that project under this section. ; and (5) in subsection (o)— (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) by adding at the end the following: (3) Program dashboard (A) Establishment The Secretary shall establish and maintain on a publicly available website a fixed guideway capital investment grant program dashboard. (B) Requirements The dashboard established under subparagraph (A) shall contain— (i) the amount of funding appropriated to the program under this section for each fiscal year for each program component, including funding for core capacity improvement projects, small start projects, and new fixed guideway capital projects, if specific amounts are appropriated for each program component; (ii) the amount of funding allocated from the program under this section for each fiscal year to each program component, including core capacity improvement projects, small start projects, and new fixed guideway capital projects; and (iii) the amount of funding obligated from the program under this section to each program component, including core capacity improvement projects, small start projects, and new fixed guideway capital projects. (C) Project tracker The dashboard established under subparagraph (A) shall, to the extent practicable, include a comprehensive tracker of the status of each project for which funding under this section is sought for the duration during which the project participates in the program under this section, which shall include— (i) the status of the project in the approval process, including— (I) the date on which the project entered into each phase of the approval process, including, as applicable, the date on which project development, engineering, and construction begins and the date on which a grant agreement is executed; and (II) the status of a request for approval of entry into each phase of the approval process, including— (aa) whether the Federal Transit Administration, the Office of the Secretary, the Office of Management and Budget, or another Federal agency is reviewing the request for approval; (bb) the date on which the project sponsor requested approval for entry into a new phase; and (cc) whether the Federal Transit Administration, the Office of the Secretary, the Office of Management and Budget, or any other Federal agency, as applicable, has completed the review of the request for approval; (ii) the status of the environmental review process for the project through a link to the relevant information with respect to the project on the Permitting Dashboard required under section 41003(b) of the FAST Act ( 42 U.S.C. 4370m–2(b) ); (iii) the status of each project for which an early systems work agreement is requested, including— (I) whether the Federal Transit Administration, the Office of the Secretary, or the Office of Management and Budget is reviewing the request for the early systems work agreement; (II) the status of the review under that office; and (III) the date on which— (aa) the request was received; (bb) the request was approved or denied; and (cc) if the request was approved, the early systems work agreement was issued; (iv) based on information from the project sponsor, the locally proposed financial plan for the project, which shall include the estimated breakdown of— (I) Federal funds anticipated from sources other than the funding provided under this section; and (II) State and local funds; and (v) based on information provided by the project sponsor, the status of the project sponsor in securing the required non-Federal cost share. . | https://www.govinfo.gov/content/pkg/BILLS-117s2308is/xml/BILLS-117s2308is.xml |
117-s-2309 | II 117th CONGRESS 1st Session S. 2309 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the Consolidated Rail Infrastructure and Safety Improvements Program, and for other purposes.
1. 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) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (C) 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) by redesignating paragraphs (11) and (12) as paragraphs (13) and (14), respectively; (B) by inserting after paragraph (10) the following: (11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities. ; (12) Rehabilitating, remanufacturing, procuring, or overhauling one or more rail locomotives, provided that such activities result in a significant reduction of emissions. ; and (C) by inserting after paragraph (14), as redesignated, the following: (15) 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. ; and (3) in subsection (e)— (A) in paragraph (1), by striking shall— and all that follows and inserting shall select projects that will maximize the net benefits of the funds appropriated for use under this section, considering the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph (2). ; and (B) in paragraph (3), by striking (B) ; and (4) in subsection (h), by adding at the end the following: (4) Grade crossing and trespassing projects Applicants may use costs incurred 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 the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2309is/xml/BILLS-117s2309is.xml |
117-s-2310 | II 117th CONGRESS 1st Session S. 2310 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mr. King 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 conduct a study regarding codes and standards for use of energy storage systems across sectors and demonstrate certain second-life applications of electric vehicle batteries, and for other purposes.
1. Study of codes and standards for use of energy storage systems across sectors (a) In general The Secretary shall conduct a study of types and commercial applications of codes and standards applied to— (1) stationary energy storage systems; (2) mobile energy storage systems; and (3) energy storage systems that move between stationary and mobile applications, such as electric vehicle batteries or batteries repurposed for new applications. (b) Purposes The purposes of the study conducted under subsection (a) shall be— (1) to identify barriers, foster collaboration, and increase conformity across sectors relating to— (A) use of emerging energy storage technologies; and (B) use cases, such as vehicle-to-grid integration; (2) to identify all existing codes and standards that apply to energy storage systems; (3) to identify codes and standards that require revision or enhancement; (4) to enhance the safe implementation of energy storage systems; and (5) to receive formal input from stakeholders regarding— (A) existing codes and standards; and (B) new or revised codes and standards. (c) Consultation In conducting the study under subsection (a), the Secretary shall consult with all relevant standards-developing organizations and other entities with expertise regarding energy storage system safety. (d) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under subsection (a). 2. Demonstration of electric vehicle battery second-life applications for grid services Section 3201(c) of the Energy Act of 2020 ( 42 U.S.C. 17232(c) ) is amended— (1) in paragraph (1)— (A) by striking the period at the end and inserting ; and ; (B) by striking including at and inserting the following: “including— (A) at ; and (C) by adding at the end the following: (B) 1 project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid, in accordance with paragraph (3). ; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: (3) Demonstration of electric vehicle battery second-life applications for grid services (A) In general The Secretary shall enter into an agreement to carry out a project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid. (B) Purposes The purposes of the project under subparagraph (A) shall be— (i) to demonstrate power safety and the reliability of the applications demonstrated under the program; (ii) to demonstrate the ability of electric vehicle batteries— (I) to provide ancillary services for grid stability and management; and (II) to reduce the peak loads of homes and businesses; (iii) to extend the useful life of electric vehicle batteries and the components of electric vehicle batteries prior to the collection, recycling, and reprocessing of the batteries and components; and (iv) to increase acceptance of, and participation in, the use of second-life applications of electric vehicle batteries by utilities. (C) Priority In selecting a project to carry out under subparagraph (A), the Secretary shall give priority to projects in which the demonstration of the applicable second-life applications is paired with 1 or more facilities that could particularly benefit from increased resiliency and lower energy costs, such as a multi-family affordable housing facility, a senior care facility, and a community health center. . | https://www.govinfo.gov/content/pkg/BILLS-117s2310is/xml/BILLS-117s2310is.xml |
117-s-2311 | II Calendar No. 99 117th CONGRESS 1st Session S. 2311 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mr. Leahy introduced the following bill; which was read the first time July 13, 2021 Read the second time and placed on the calendar A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2021, and for other purposes.
The following sums are hereby are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, and for other purposes, namely: I DEPARTMENT OF JUSTICE Legal activities SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES For an additional amount for Salaries and Expenses, General Legal Activities , $2,000,000, to remain available until September 30, 2022, for necessary expenses of the Criminal Division to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That the amount provided under this heading in this Act may not be used to increase the number of permanent positions: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS For an additional amount for Salaries and Expenses, United States Attorneys , $20,000,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That the amount provided under this heading in this Act may not be used to increase the number of permanent positions: 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. United states marshals service SALARIES AND EXPENSES For an additional amount for United States Marshals Service, Salaries and Expenses , $26,000,000, to remain available until September 30, 2022, of which $1,000,000 is to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes, and of which $25,000,000 is for the Judicial Security Division: Provided , That the amount provided under this heading in this Act may not be used to increase the number of permanent positions: 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. Federal bureau of investigation SALARIES AND EXPENSES For an additional amount for Federal Bureau of Investigation, Salaries and Expenses , $8,060,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That the amount provided under this heading in this Act may not be used to increase the number of permanent positions: 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. Bureau of alcohol, tobacco, firearms and explosives SALARIES AND EXPENSES For an additional amount for Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses , $1,500,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That the amount provided under this heading in this Act may not be used to increase the number of permanent positions: 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. Federal prison system SALARIES AND EXPENSES For an additional amount for Federal Prison System, Salaries and Expenses , $1,800,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That the amount provided under this heading in this Act may not be used to increase the number of permanent positions: 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. State and local law enforcement activities OFFICE ON VIOLENCE AGAINST WOMEN VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS For an additional amount for Violence Against Women Prevention and Prosecution Programs , $375,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, of which— (1) $100,000,000 is for formula grants to States and territories to combat violence against women, as authorized by part T of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 ( 34 U.S.C. 10441 et seq. ); (2) $40,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault, as authorized by section 40299 of the Violent Crime Control and Law Enforcement Act of 1994 ( 1994 Act )( 34 U.S.C. 12351 ); (3) $100,000,000 is for formula grants to States and territories for sexual assault victims assistance as authorized by section 41601 of the 1994 Act ( 34 U.S.C. 12511(b) ); (4) $20,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act ( 34 U.S.C. 12341 ); (5) $15,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act ( 34 U.S.C. 12464 ); (6) $50,000,000 is for grants to Tribal governments, Tribal coalitions, Tribal non-profit organizations and Tribal organizations that serve Native victims for purposes authorized under 34 U.S.C. 10441(d) , 34 U.S.C. 12511(d) , 34 U.S.C. 10452 and 34 U.S.C. 12511(e) ; (7) $25,000,000 is for grants to enhance culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking as authorized under 34 U.S.C. 20124 grants to Enhancing Culturally Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program (commonly referred to as the Culturally Specific Services Program ); and (8) $25,000,000 is for grants for outreach and services to underserved populations as authorized under 34 U.S.C. 20123 (commonly referred to as the Underserved Program ): Provided , 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. Office of justice programs STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE For an additional amount for State and Local Law Enforcement Assistance , $1,100,000, to remain available until September 30, 2022, for the sole purpose of restoring amounts, either directly or through reimbursement, for obligations incurred for extraordinary law enforcement and related costs directly associated with protection of the President-elect from November 4, 2020 until the inauguration of the President-elect as President: Provided , That such reimbursement shall be provided only for costs that a State or local agency can document as being over and above the cost of normal law enforcement operations and as being directly attributable to the provision of protection described herein: 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. JUVENILE JUSTICE PROGRAMS For an additional amount for Juvenile Justice Programs , $50,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, for programs authorized by the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ): Provided , 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. II DEPARTMENT OF DEFENSE MILITARY PERSONNEL National guard personnel, army For an additional amount for National Guard Personnel, Army , $231,000,000, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , 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. National guard personnel, air force For an additional amount for National Guard Personnel, Air Force , $28,900,000, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , 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. OPERATION AND MAINTENANCE Operation and maintenance, army For an additional amount for Operation and Maintenance, Army , $314,600,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, navy For an additional amount for Operation and Maintenance, Navy , $63,500,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, marine corps For an additional amount for Operation and Maintenance, Marine Corps , $1,700,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, air force For an additional amount for Operation and Maintenance, Air Force , $111,900,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, space force For an additional amount for Operation and Maintenance, Space Force , $500,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, defense-Wide For an additional amount for Operation and Maintenance, Defense-Wide , $28,400,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, army reserve For an additional amount for Operation and Maintenance, Army Reserve , $5,000,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, navy reserve For an additional amount for Operation and Maintenance, Navy Reserve , $600,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, air force reserve For an additional amount for Operation and Maintenance, Air Force Reserve , $900,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, army national guard For an additional amount for Operation and Maintenance, Army National Guard , $228,500,000, of which $218,500,000 shall be used to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes, and of which $10,000,000 shall be used to prevent, prepare for, and respond to coronavirus: Provided , 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. Operation and maintenance, air national guard For an additional amount for Operation and Maintenance, Air National Guard , $49,200,000, of which $42,500,00 shall be used to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes, and $6,700,000 shall be used to prevent, prepare for, and respond to coronavirus: Provided , 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. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, development, test and evaluation, navy For an additional amount for Research, Development, Test and Evaluation, Navy , $2,100,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. REVOLVING AND MANAGEMENT FUNDS Defense working capital funds For an additional amount for Defense Working Capital Funds , $3,600,000, to prevent, prepare for, and respond to coronavirus: Provided , 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. OTHER DEPARTMENT OF DEFENSE PROGRAMS Defense health program For an additional amount for Defense Health Program , $761,000,000, which shall be for operation and maintenance, to prevent, prepare for, and respond to coronavirus: Provided , That, notwithstanding that one percent of funding for operation and maintenance under this heading in Public Law 116–260 shall remain available for obligation until September 30, 2022, funding for operation and maintenance made available under this heading in this Act shall only be available through September 30, 2021: 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. GENERAL PROVISIONS—THIS TITLE 201. (a) Notwithstanding section 2208(l)(3) of title 10, United States Code, during fiscal year 2021, the total amount of the advance billings rendered or imposed for all working-capital funds of the Department of Defense may exceed the amount otherwise specified in such section. (b) In this section, the term advance billing has the meaning given that term in section 2208(l)(4) of title 10, United States Code. (INCLUDING TRANSFER OF FUNDS) 202. The Secretary of Defense may, with the approval of the Office of Management and Budget, transfer not to exceed $2,000,000,000 of funds made available to the Department of Defense in the Department of Defense Appropriations Act, 2021 ( Public Law 116–260 ) between such appropriations or funds or any subdivision thereof, to be available for the same purposes as the appropriation or fund to which transferred: Provided , That such authority shall only be used to prevent, prepare for, and respond to coronavirus: Provided further , That the Secretary shall provide not less than 7 days prior notification to the congressional defense committees, as defined in section 8028 of Public Law 116–260 , for any transfer made pursuant to this authority: Provided further , That upon a determination that all or part of the funds transferred pursuant to this section are not necessary for the purposes provided herein, such funds shall be transferred back to the original appropriation: Provided further , That no amounts may be transferred from amounts designated for Overseas Contingency Operations/Global War on Terrorism pursuant to a concurrent resolution on the budget or section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That the authority provided by this section is in addition to any other transfer authority available to the Department of Defense. III DEPARTMENT OF THE TREASURY Financial crimes enforcement network SALARIES AND EXPENSES For an additional amount for Financial Crimes Enforcement Network—Salaries and Expenses , $74,000,000, to remain available until expended, to implement division F and section 9714 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , 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. THE JUDICIARY Courts of appeals, district courts, and other judicial services COURT SECURITY (INCLUDING TRANSFER OF FUNDS) For an additional amount for Courts of Appeals, District Courts, and Other Judicial Services, Court Security , $157,500,000, to remain available until expended, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That notwithstanding sections 331, 566(e)(1), and 566(i) of title 28, United States Code, the amount made available under this heading in this Act shall be available to address judicial security vulnerabilities, including threat management capabilities, for the personal safety and security of Federal judges and their immediate families: Provided further , That up to $35,000,000 shall be transferred to the Federal Protective Service for the costs of required upgrades and replacement of exterior perimeter security cameras at United States courthouses and Federal facilities that house judicial activities: 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. DISTRICT OF COLUMBIA Federal funds FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA For an additional amount for Federal Payment for Emergency Planning and Security Costs in the District of Columbia , $66,760,000, to remain available until expended, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , 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. General services administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND For an additional amount to be deposited in the Federal Buildings Fund , $5,000,000, to remain available until expended, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes, including for security improvement studies and assessments: Provided , That not later than 90 days after the date of enactment of this Act, the Administrator of General Services shall submit a spending plan regarding the use of such amount to the Committees on Appropriations of the House of Representatives and the Senate: 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. IV DEPARTMENT OF HOMELAND SECURITY United states secret service OPERATIONS AND SUPPORT For an additional amount for Operations and Support , $6,800,000, to remain available until September 30, 2022: Provided , That not later than 15 days after the date of enactment of this Act and quarterly thereafter, the Director of the United States Secret Service shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan for the obligation and expenditure of such amount, which shall include lifecycle and replacement costs, as appropriate: Provided further , That such amount may not be used to acquire or operate armored tactical vehicles or any weapon, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death: 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. V DEPARTMENT OF THE INTERIOR National park service OPERATION OF THE NATIONAL PARK SYSTEM For an additional amount for Operation of the National Park System , $9,000,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , 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. VI RELATED AGENCIES Social security administration LIMITATION ON ADMINISTRATIVE EXPENSES For an additional amount for Limitation on Administrative Expenses , $150,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, including paying the salaries and benefits of all employees affected as a result of office closures, telework, phone and communication services for employees, overtime costs, and supplies, and for resources necessary for processing disability and retirement workloads and backlogs: Provided , 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. VII LEGISLATIVE BRANCH 1 Security related supplemental appropriations SENATE Contingent expenses of the senate SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE For an additional amount for Sergeant at Arms and Doorkeeper of the Senate , $11,490,000, to remain available until September 30, 2026, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That such amount shall be allocated in accordance with a spending plan submitted to the Committee on Appropriations of the Senate: 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. SERGEANT AT ARMS BUSINESS CONTINUITY AND DISASTER RECOVERY FUND For an additional amount for the Sergeant at Arms Business Continuity and Disaster Recovery Fund , $5,000,000, to remain available until expended, for the Sergeant at Arms and Doorkeeper of the Senate for purposes of the business continuity and disaster recovery needs of the Senate: Provided , That such amount shall be allocated in accordance with a spending plan submitted to the Committee on Appropriations of the Senate: Provided further , That such amount shall be in addition to any other appropriations available for such purpose: 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. Administrative provision TO ESTABLISH THE SERGEANT AT ARMS BUSINESS CONTINUITY AND DISASTER RECOVERY FUND FOR THE SENATE 701. Section 5 of the Legislative Branch Appropriations Act, 1991 ( 2 U.S.C. 6611 ) is amended— (1) by striking all that precedes is authorized, and inserting the following: 5. Sergeant at arms business continuity and disaster recovery fund (a) In general The Sergeant at Arms and Doorkeeper of the Senate ; and (2) by adding at the end the following: (b) Sergeant at arms business continuity and disaster recovery fund (1) Establishment There is established under the heading Contingent Expenses of the Senate an account to be known as the Sergeant at Arms Business Continuity and Disaster Recovery Fund . (2) Use of funds Amounts in the Fund shall be available to the Sergeant at Arms and Doorkeeper of the Senate for purposes of the business continuity and disaster recovery needs of the Senate. . HOUSE OF REPRESENTATIVES Allowances and expenses (INCLUDING TRANSFER OF FUNDS) For an additional amount for Allowances and Expenses , $17,776,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That for necessary expenses for business continuity and disaster recovery, funds shall be allocated in accordance with a spending plan submitted to and approved by the Committee on Appropriations of the House of Representatives: Provided further, That of such amount, not more than $500,800 is for the purpose of additional temporary counseling services and may be transferred to the Office of Employee Assistance, pursuant to section 101(a) of the Legislative Branch Appropriations Act, 1993 ( 2 U.S.C. 5507(a) ), effective upon the expiration of the 10-day period which begins on the date the Chief Administrative Officer notifies the Committee on Appropriations of the transfer: 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. CAPITOL POLICE Salaries (INCLUDING TRANSFER OF FUNDS) For an additional amount for Salaries , $37,495,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That of such amount, $3,600,000 may remain available until expended for retention bonuses: Provided further , That of such amount, up to $6,900,000 shall be made available for hazard pay for employees of the Capitol Police: Provided further , That of such amount, $1,361,300 shall be made available for the wellness program for the United States Capitol Police: Provided further , That amounts provided under this heading in this chapter may be transferred between the headings Salaries and General Expenses under the heading Capitol Police for the purposes specified under this heading in this chapter in accordance with section 1001 of the Legislative Branch Appropriations Act, 2014 ( 2 U.S.C. 1907a ): 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. General expenses (INCLUDING TRANSFER OF FUNDS) For an additional amount for General Expenses , $41,769,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That of such amount, $2,628,000 shall remain available until expended for physical protection barriers and various civil disturbance unit equipment: Provided further , That amounts provided under this heading in this chapter for physical protection barriers may be transferred to and merged with Capitol Police Buildings, Grounds and Security : Provided further , That of such amount, not less than $5,000,000 shall be made available for reimbursable agreements with State and local law enforcement agencies and not less than $4,800,000 shall be available for protective details for Members of Congress, including Delegates and the Resident Commissioner to the Congress: Provided further , That of such amount, up to $2,500,000 may be transferred to Department of Justice—United States Marshals Service—Salaries and Expenses for the purpose of reimbursements for providing peer-to-peer and group counseling services to the Capitol Police and training and technical and related assistance necessary to establish a peer-to-peer and group counseling program within the Capitol Police: Provided further , That amounts provided under this heading in this chapter may be transferred between the headings Salaries and General Expenses under the heading Capitol Police for the purposes specified under this heading in this chapter in accordance with section 1001 of the Legislative Branch Appropriations Act, 2014 ( 2 U.S.C. 1907a ): 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. United states capitol protection task force fund (INCLUDING TRANSFER OF FUNDS) For an additional amount for United States Capitol Protection Task Force , $27,070,000, to remain available until expended, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That such amount shall be allocated in accordance with the United States Capitol Protection Task Force authorities established in this Act and a spending plan submitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the Capitol Police may use amounts provided under this heading in this chapter to reimburse a partner agency that performs activities in preparation for or response to an event, or as part of a training activity, under the Task Force agreement with that partner agency: Provided further , That amounts provided under this heading in this chapter may be transferred to Salaries and General Expenses under the heading Capitol Police for the purposes specified under this heading in this chapter in accordance with section 1001 of the Legislative Branch Appropriations Act, 2014 ( 2 U.S.C. 1907a ): Provided further , That such amount shall be in addition to any other appropriations available for such purpose: 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. Administrative provisions WELLNESS PROGRAM 702. (a) Application of law The wellness program of the United States Capitol Police shall be known and designated as the Howard C. Liebengood Center for Wellness . (b) Effective date This section shall apply with respect to fiscal year 2021 and each succeeding fiscal year. REQUIRING UNIFORMED UNITED STATES CAPITOL POLICE OFFICERS TO UTILIZE BODY-WORN CAMERAS WHILE ON DUTY 703. (a) Requirement Each uniformed officer of the United States Capitol Police whose job duties include interacting with the general public shall utilize a body-worn camera and ensure that the body-worn camera is activated while on duty. (b) Exception for officers on personal protection detail Subsection (a) does not apply to an officer during any time in which the officer is serving on a personal protection detail. (c) Regulations (1) In general The Capitol Police Board shall promulgate such regulations as may be necessary to carry out this section. (2) Body camera footage The regulations promulgated under paragraph (1) shall include guidance on the retention and deletion of video footage recorded by a body-worn camera utilized by an officer of the United States Capitol Police. (3) Requiring notification prior to disclosure of certain recorded information The regulations promulgated under paragraph (1) shall include a requirement that the United States Capitol Police shall not make any disclosure to any third party (including a law enforcement agency), including any disclosure pursuant to a request by compulsory process, of any video or audio information relating to the House of Representatives or the Senate which is recorded by a body-worn camera utilized by an officer of the United States Capitol Police until the United States Capitol Police provides notice of the request to, and consults regarding the disclosure with— (A) in the case of information relating to the House of Representatives, the Office of the General Counsel of the House of Representatives and any Member (including a Delegate or Resident Commissioner), officer, or employee of the House involved; or (B) in the case of information relating to the Senate, any Senator, officer, or employee of the Senate involved. (d) Effective date This section shall apply with respect to fiscal year 2021 and each succeeding fiscal year. UNITED STATES CAPITOL PROTECTION TASK FORCE 704. (a) Short Title This section may be cited as the United States Capitol Protection Task Force Act . (b) Definitions In this section: (1) Activate The term activate , with respect to a partner agency, means that the partner agency has been directed to perform activities in preparation for or response to an event, or as part of a training activity, under the Task Force agreement with the partner agency. (2) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Rules and Administration and the Committee on Appropriations of the Senate; and (B) the Committee on House Administration and the Committee on Appropriations of the House of Representatives. (3) Capitol complex The term Capitol complex means the United States Capitol Grounds described in section 5102 of title 40, United States Code, and the Capitol Buildings described in section 5101 of title 40, United States Code. (4) Capital region The term Capital region means— (A) the District of Columbia; (B) Anne Arundel, Baltimore, Charles, Frederick, Howard, Montgomery, and Prince Georges Counties in Maryland; (C) Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and (D) all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs (B) and (C). (5) Chief The term Chief means the Chief of the United States Capitol Police. (6) Fund The term Fund means the United States Capitol Protection Task Force Fund established under subsection (l)(1). (7) Incident command system organizational roster The term Incident Command System organizational roster means the list of assignments under the Incident Command System to be used for rostering personnel of partner agencies developed under subsection (d)(7)(A). (8) National incident management system The term National Incident Management System has the meaning given that term in section 501 of the Homeland Security Act of 2002 ( 6 U.S.C. 311 ). (9) Partner agency The term partner agency — (A) means a law enforcement agency entering into a Task Force agreement; and (B) may include— (i) Federal law enforcement agencies, including— (I) the Federal Bureau of Investigation; (II) the United States Marshals Service; (III) the United States Park Police; (IV) the United States Secret Service; (V) the United States Coast Guard; (VI) the Federal Protective Service; (VII) the Amtrak Police Department; (VIII) the United States Supreme Court Police; (IX) the Pentagon Force Protection Agency; and (X) the Government Publishing Office Police; (ii) any State or local law enforcement agency operating in the Capital region; and (iii) the National Guard of the District of Columbia for the purposes of obtaining specialized capabilities for use within the mission of the Task Force. (10) Task force The term Task Force means the United States Capitol Protection Task Force established under the agreements entered into or modified under subsection (c)(1). (11) Task force agreement The term Task Force agreement means a memorandum of understanding or other agreement between the Chief and a partner entity establishing the terms and conditions of the participation of the partner entity in the Task Force. (c) Establishment of task force (1) In general The Chief shall enter into new memorandums of understanding, or modify existing agreements, with law enforcement agencies operating in the Capital region to establish the United States Capitol Protection Task Force as a ready response capability, to assist the United States Capitol Police in protecting and providing security at the Capitol complex, in accordance with this section. (2) Construction with other authority The authority under this section is in addition to any authority under section 911 of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970 ), relating to assistance by executive departments and agencies. (d) Task force administration (1) Head The head of the Task Force shall be the Chief, who shall have the authority to activate partner agencies in accordance with the Task Force agreements with the partner agencies. (2) Operation The rules, processes, procedures, and expectations for the Task Force shall be established and carried out in accordance with the National Incident Management System and the Incident Command System. (3) Command staff meetings The Chief and commanders from each partner agency shall meet not less frequently than quarterly to discuss the operation of the Task Force, including intra-agency training goals, Task Force joint training exercises, communications, Incident Command Systems, equipment, and any other issue required to ensure the success of the Task Force. (4) Communications The Chief shall ensure consistent and appropriate communication is provided regarding the activities of the Task Force to— (A) the Capitol Police Board, 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; (B) the appropriate committees of Congress; (C) partner agencies, for dissemination to executives overseeing the partner agencies and other significant stakeholders; and (D) the public. (5) Training Under a Task Force agreement, a partner agency shall participate in joint training with the Task Force in accordance with subsection (i)(2). (6) Staging and response operations The Chief shall designate 1 or more locations in the Capitol complex, which shall be coordinated with the various entities with jurisdiction of the areas of the Capitol complex, that will be used for staging and response operations by the Task Force. (7) Assignment of duties (A) List Not later than 90 days after the date of enactment of this Act, the Chief shall develop a list of assignments under the Incident Command System to be used for rostering personnel of partner agencies during an activation. (B) Contents and review The Chief and partner agencies shall— (i) ensure that the assignments of personnel under the Incident Command System organizational roster comport with the personnel that partner agencies will provide under the Task Force agreements; and (ii) review and, if necessary, revise the Incident Command System organizational roster on a quarterly basis. (C) Training and exercise The Incident Command System organizational roster and related protocols shall be trained and exercised in accordance with subsection (i)(2). (e) Task force activation (1) In general Except for an activation for training or exercising activities relating to the Task Force, the Chief may not activate the personnel, assets, capabilities, or equipment of a partner agency, unless the Chief submits to the Capitol Police Board a certification that intelligence and threat identification related to 1 or more events indicates that the necessary response will exceed the capacity of the United States Capitol Police in carrying out its mission. (2) First amendment considerations A certification by the Chief under paragraph (1) shall include consideration of the impacts on rights under the First Amendment to the Constitution of the United States related to operational activities resulting from the activation of 1 or more partner agencies. (3) Certification of continued operational requirement During a period during which 1 or more partner agencies are activated, the Chief shall— (A) not less frequently than every 30 days, submit to the Capitol Police Board a certification described in paragraph (1); and (B) in preparing the certification submitted under subparagraph (A), consult with— (i) the Capitol Police Board; and (ii) the appropriate committees of Congress. (f) Task force agreements generally A Task Force agreement shall— (1) establish— (A) the personnel, assets, capabilities, equipment, and reimbursement to be provided from, or to, a partner agency; (B) the response time for a partner agency if the Chief activates the partner agency; and (C) that, upon activation, the personnel, assets, capabilities, and equipment provided to the Task Force by a partner agency shall operate under the authority and direction of the Chief; (2) provide that, when activated, the personnel of a partner agency shall operate within the primary jurisdiction of the United States Capitol Police under section 9B(b) of the Act entitled An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes , approved July 31, 1946 ( 2 U.S.C. 1967(b) ); and (3) ensure consistency with the operational and jurisdictional relationship between the United States Capitol Police and the United States Supreme Court Police during activations of the Task Force. (g) Personnel (1) In general Under a Task Force agreement, a partner agency shall agree to make available, when activated, law enforcement officers that have had significant training and experience in handling demonstrations, riots, or other large scale events requiring the deployment of civil disturbance units. (2) Size of dedicated personnel A partner agency shall agree, under a Task Force agreement, on the number of personnel to be provided during a period of activation, which— (A) shall include identifying a sufficient number of primary personnel and alternate personnel to ensure the partner agency can provide the agreed upon number of personnel; (B) for a partner agency with a sworn workforce of less than 200 officers, shall require that the partner agency provide not less than 1 unit, which shall consist of not less than 10 law enforcement officers; (C) for a partner agency with a sworn workforce of not less than 200 officers and less than 500 officers— (i) shall require that the partner agency provide not less than 1 unit, which shall consist of not less than 20 law enforcement officers; and (ii) may provide that the partner agency shall provide supervisory officers, a commander, or mission support personnel; (D) for a partner agency with a sworn workforce of not less than 500 officers, shall require the partner agency provide not less than 1 unit, which shall consist of not less than 40 law enforcement officers, an appropriate number of supervisory officers, a commander, and not less than 5 mission support personnel; and (E) may provide that a partner agency shall provide more than 1 unit described in sub-paragraph (B), (C), or (D), as applicable. (3) Capabilities (A) In general The Chief shall ensure that the Task Force agreements provide for a range of personnel to be provided by partner agencies, with a range of capabilities, as necessary for an effective rapid response capability. (B) Incident response capabilities The Chief shall ensure that the Task Force has adequate incident response capabilities— (i) which shall include Incident Command System supervisory positions and civil disturbance commanders, supervisors, and officers; and (ii) may include Special Weapons And Tactics officers, bomb and hazardous devices technicians, hazardous materials response technicians, canine teams, threats officers or agents, intelligence agents or analysts, command center operations technicians, and communications or dispatch technicians. (C) Mission response capabilities The Chief shall ensure that the Task Force has adequate mission response capabilities, including radio and information technology specialists, training instructors, asset management or logistics technicians, financial management personnel, and public affairs officers or specialists. (h) Equipment (1) Specialized equipment (A) In general A Task Force agreement shall specify specialized equipment that will be provided by the Chief to the partner agency. (B) Use outside activation A partner agency— (i) may use equipment described in subparagraph (A) that is provided by the Chief during the normal operations of the partner agency; and (ii) shall— (I) maintain any such equipment; and (II) if any such equipment is damaged or destroyed during activities that are not part of an activation of the partner agency, bear the cost of repairing or replacing the equipment, in accordance with established standards of the United States Capitol Police. (2) Communications Under a Task Force agreement, the Chief shall be responsible for, and bear the cost of, activities and equipment necessary to ensure the interoperability of communications. (3) Vehicles A Task Force agreement may specify the response or specialized vehicles, including land and air vehicles, that will be provided by a partner agency during a period of activation. (i) Training (1) In general Under a Task Force agreement, the Chief shall procure and provide training, including exercises, relating to the activities of the Task Force, to ensure consistent capabilities across the partner agencies. (2) Frequency of joint training Under a Task Force agreement, a partner agency shall participate in joint training with the Task Force, to be conducted in the Capitol complex or another appropriate training venue— (A) not less than 4 times during the 1-year period beginning on the date of enactment of this Act; and (B) not less than 2 times per year thereafter. (3) Goals The joint training by the partner agencies and the United States Capitol Police shall be designed to enhance interoperability and reinforce the requirements under the National Incident Management System, including implementation of a unified command structure for command and control of major events. (j) Reimbursement (1) Reimbursable expenses A Task Force agreement shall provide that the Chief shall reimburse a partner agency for the cost— (A) of overtime pay, hazardous duty pay, additional pay required during training, and pay during response or recovery time that is payable to personnel of the partner agency in connection with activities of the Task Force, which shall be determined based on standard calculation rates contained in the Task Force agreement; (B) to the partner agency of stand-by capabilities; (C) of the use of vehicles of the partner agency in connection with activities of the Task Force; (D) of administrative costs for maintaining the personnel, assets, capabilities, equipment, and vehicles provided to the Task Force by the partner agency; and (E) of damage to or the destruction of a vehicle provided by the partner agency under the Task Force agreement which occurs during a period of activation. (2) No reimbursement of base salary A Task Force agreement may not provide for the reimbursement of the basic pay of personnel of a partner agency. (k) Intelligence Not later than 90 days after the date of enactment of this Act, the Chief shall submit to the Capitol Police Board and the appropriate committees of Congress a plan to enhance the intelligence and threat detection capabilities of the United States Capitol Police, in order to ensure the effective operation and activation of the Task Force. (l) Funding (1) Establishment There is established in the Treasury of the United States a fund to be known as the United States Capitol Protection Task Force Fund. (2) Availability Amounts in the Fund shall be available to the Chief for the cost of addressing significant response requirements by partner agencies, including reimbursements in accordance with this section, as determined by the Chief. (3) Amounts deposited The Fund shall consist of any amounts appropriated by law for the purposes of the Fund. (4) Reporting (A) In general Not later than 90 days after the date of enactment of this Act, the Chief shall submit to the Capitol Police Board and the appropriate committees of Congress for review and approval an internal controls plan for reporting on spending of amounts appropriated to the Fund. (B) Limitation The Chief may not obligate or expend amounts in the Fund until the date on which the Chief submits the internal controls plan in accordance with subparagraph (A). (m) Workers’ compensation (1) Compensation Each partner agency shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that partner agency and representatives of deceased members of such forces if the members sustain injuries or are killed while activated under a Task Force agreement, including while engaged in training activities under the Task Force agreement, in the same manner and on the same terms as if the injury or death were sustained within the jurisdiction of the partner agency. (2) Other state law No partner agency shall be liable under the law of any State other than its own for providing for the payment of compensation or death benefits to injured members of the emergency forces of the partner agency or representatives of deceased members of such forces if the members sustain injuries or are killed while activated under a Task Force agreement, including while engaged in training activities under the Task Force agreement, in the same manner and on the same terms as if the injury or death were sustained within the jurisdiction of the partner agency. (n) Use of force and other purposes While activated, personnel of a partner agency are designated as special officers within the United States Capitol Police, in accordance with paragraph (2) of section 1017(a) of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1974(a) ), as added by this section, and, as such, shall conduct law enforcement and security functions under agreed upon use of force and other operational purposes, as determined by the Chief, in accordance with the Task Force agreements. (o) Annual reporting The Chief shall submit with the annual budget justification of the United States Capitol Police a report documenting the activities of the Task Force from the prior year, which shall include— (1) the number and status of Task Force agreements; (2) the number and type of training and exercises conducted in support of the Task Force capabilities; (3) a summary of the command staff meetings relating to Task Force capabilities conducted during the reporting period; (4) a summary of the types and scope of operational activations of the Task Force during the reporting period; (5) a summary of the after-action reports following operational activations of the Task Force during the reporting period; and (6) a summary of the expenditures from the Fund to support the Task Force. (p) Auditing (1) The Inspector General of the United States Capitol Police shall conduct an annual audit of the operation of the United States Capitol Protection Task Force, concurrently with the audit of the annual financial statements of the United States Capitol Police required under section 108(b)(2)(D) of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 1903(b)(2)(D) ). (2) The Government Accountability Office shall conduct periodic reviews of the activities and operations of the United States Capitol Protection Task Force and report to the Congress, and have access to, and the right to make and retain copies of, the records of the Task Force and its component organizations pertinent to its activities and operations. (q) Capitol police special officers Section 1017(a) of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1974(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margin accordingly; (2) by striking In the event of an emergency, and inserting the following: (1) Authority generally In the event of an emergency, ; and (3) by adding at the end the following: (2) Automatic designation of united states capitol protection task force (A) Definitions In this paragraph, the terms activate and partner agency have the meanings give such terms in the United States Capitol Protection Task Force Act. (B) Automatic designation Any law enforcement officer of a partner agency that is activated under the United States Capitol Protection Task Force Act shall be deemed to have been appointed to serve as a special officer of the Capitol Police within the authorities of the Capitol Police in policing the Capitol buildings and grounds. . CAPITOL POLICE SALARY CAP ADJUSTMENT 705. For the purposes of administering pay during calendar year 2021, the limitation on the maximum rate of gross compensation under this subsection for any member or civilian employee of the Capitol Police whose compensation includes overtime pay under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) shall be limited to Executive Schedule II at $199,300. Excluded from this limitation for calendar year 2021 shall be retention bonuses and hazard bonuses related to the events of January 6th. ARCHITECT OF THE CAPITOL Capital construction and operations (INCLUDING TRANSFER OF FUNDS) For an additional amount for Capital Construction and Operations , $525,000,000, to remain available until expended, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes, including for Capitol Complex emergency response and infrastructure security costs of: (1) providing support for the Architect of the Capitol, the Sergeants at Arms of the House of Representatives and the Senate, the United States Capitol Police, and the Library of Congress in responding to the attack and in preparing for and mitigating the effects of similar attacks in the future; (2) repairing public facilities damaged by the attack; (3) securing vulnerabilities of buildings and infrastructure in the Complex; and (4) updating and enhancing physical security in the Complex, including making revisions to the landscape design infrastructure of the Complex and operational readiness: Provided , That of such amount, $100,000,000 shall be immediately transferred to Capitol Police Buildings, Grounds and Security , for construction of security screening vestibules at the Capitol Building, and design and construction of security screening vestibules at the House of Representatives and Senate office buildings: Provided further , That of such amount, $40,000,000 may be used to restore amounts, either directly or through reimbursement, for obligations incurred for the same purposes by the Architect of the Capitol prior to the date of the enactment of this Act: Provided further , That any funds transferred by the Architect pursuant to the authority in the preceding proviso shall be merged with and made available for the same purposes, and period of availability, as the appropriations to which the funds are transferred: Provided further , That of such amount, $300,582,000 is available for the replacement of existing windows and doors in the Capitol Building and shall include necessary related hardening work on the House of Representatives and Senate office buildings: Provided further , That of such amount, $2,000,000 is available for preliminary planning, study, and design of additional sensitive compartmented information facility space for the Senate, in coordination with the Office of the Secretary of the Senate: Provided further , That funds made available under this heading in this chapter may be used for design, installation, landscape architecture, and to maintain a retractable security system as part of an interconnected security of the United States Capitol Grounds: Provided further , That amounts made available under this heading in this chapter for the purposes specified in the preceding proviso shall be in addition to amounts otherwise available for such purposes: Provided further , That none of the funds made available in this or any other Act in prior fiscal years, this fiscal year, or any fiscal year thereafter may be used to install permanent, above-ground fencing around the perimeter, or any portion thereof, of the United States Capitol Grounds, as described in section 5102 of title 40, United States Code: Provided further , That as soon as practicable after the date of the enactment of this Act, a signed, detailed spending plan for the use of the amount provided under this heading in this chapter, other than the amount transferred pursuant to the first proviso, shall be submitted for review by the Architect of the Capitol, in coordination with the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, and after consultation with the Sergeants at Arms of the House of Representatives and the Senate, to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the Chairpersons and ranking minority members of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That such spending plan shall be submitted for review prior to the implementation of such plan and no funds provided under this heading in this chapter, other than the amount transferred pursuant to the first proviso, shall be obligated prior to such review and approval: Provided further , That such spending plan shall be updated and resubmitted every 90 days (from initial submission) until such time as all of the funds under this heading in this chapter have been obligated: Provided further , That none of the funds made available under this heading in this chapter shall be available for reprogramming in an amount exceeding 10 percent of the total amount allocated under the most recent version of such spending plan without the written concurrence of the Chairpersons and ranking minority members of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the Architect of the Capitol Office of Inspector General shall be notified upon the obligation or expenditure of any funds provided under this heading in this chapter, other than the amount transferred pursuant to the first proviso: Provided further , That not later than 45 days after the end of any calendar quarter during which amounts provided under this heading in this chapter are obligated or expended, other than the amount transferred pursuant to the first proviso, the Office of Inspector General shall review and submit a report on the uses of such funds during the quarter to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate: 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. LIBRARY OF CONGRESS Salaries and expenses (INCLUDING TRANSFER OF FUNDS) For an additional amount for Salaries and Expenses , $13,699,000, to remain available until September 30, 2022, to respond to the attack on the United States Capitol Complex that occurred on January 6, 2021, and for related purposes: Provided , That notwithstanding the limitation described in section 1402(b) of the Legislative Branch Appropriations Act, 2014, section 132a–3 of title 2, United States Code, the amount provided under this heading in this chapter may be transferred, subject to the approval requirement in section 1402(a) of such Act: 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. 2 Legislative branch coronavirus supplemental requirements and for other purposes SENATE Contingent expenses of the senate SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE For an additional amount for Sergeant at Arms and Doorkeeper of the Senate , $15,197,417, to remain available until September 30, 2026, to prevent, prepare for, and respond to coronavirus: Provided , That such amount shall be allocated in accordance with a spending plan submitted to the Committee on Appropriations of the Senate: 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. HOUSE OF REPRESENTATIVES Payments to widows and heirs of deceased members of congress For payment to Susan M. Wright, widow of Ronald Wright, late a Representative from the State of Texas, $174,000. For payment to the heirs at law of Alcee Hastings, late a Representative from the State of Florida, $174,000. Allowances and expenses For an additional amount for Allowances and Expenses , $31,004,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, which shall be for necessary expenses for business continuity and disaster recovery: Provided , That such amount shall be allocated in accordance with a spending plan submitted to and approved by the Committee on Appropriations of the House of Representatives: 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. JOINT ITEMS Office of the attending physician For an additional amount for Office of the Attending Physician , $1,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, including for testing and vaccine boosters: Provided , 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. CAPITOL POLICE General expenses For an additional amount for General Expenses , $800,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus: Provided , 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. CONGRESSIONAL BUDGET OFFICE Salaries and expenses For an additional amount for Salaries and Expenses , $170,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus: Provided , 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. ARCHITECT OF THE CAPITOL Capital construction and operations (INCLUDING TRANSFER OF FUNDS) For an additional amount for Capital Construction and Operations , $99,606,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, for necessary expenses of the Architect of the Capitol to supplement the funding made available in Public Law 116–136 , as amended by section 159(3) of Public Law 116–159 , and for the same purposes; and for related purchases for Congressional offices, including in Congressional Districts and State Offices, wherever located: Provided , That any funds transferred by the Architect to restore amounts, either directly or through reimbursement, for obligations incurred for the purposes provided herein prior to the date of enactment of this Act shall be merged with and made available for the same purposes, and period of availability, as the appropriations to which the funds are transferred: 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. ADMINISTRATIVE PROVISION AUTHORITY OF ARCHITECT OF THE CAPITOL TO MAKE EXPENDITURES IN RESPONSE TO EMERGENCIES 706. (a) Coverage of commuting expenses Section 1305(a)(2) of the Legislative Branch Appropriations Act, 2010 ( 2 U.S.C. 1827(a)(2) ) is amended by inserting after refreshments, the following: transportation and other related expenses incurred by employees in commuting between their residence and their place of employment, . (b) Expanded authority to provide supplies, products, and services Section 1305(a) of such Act ( 2 U.S.C. 1827(a) ) is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) accept contributions of, and may incur obligations and make expenditures out of available appropriations for, supplies, products, and services necessary to respond to the emergency, which may be provided for the use of any office which is located within any building, grounds, or facility for which the Architect of the Capitol is responsible for the maintenance, care, and operation, on a reimbursable or non-reimbursable basis subject to the availability of funds. . (c) Effective date The amendment made by subsection (a) shall apply with respect to fiscal year 2021, and the amendments made by subsection (b) shall apply with respect to fiscal year 2021 and each succeeding fiscal year. LIBRARY OF CONGRESS Salaries and expenses (INCLUDING TRANSFER OF FUNDS) For an additional amount for Salaries and Expenses , $16,223,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, including for revolving fund activities pursuant to the Library of Congress Fiscal Operations Improvement Act of 2000, for the Copyright Office, for the Congressional Research Service, and for the Little Scholars Child Development Center: Provided , That of such amount, $50,000 shall be transferred for necessary expenses of the Congressional Research Service, consistent with section 203 of the Legislative Reorganization Act of 1946, section 166 of title 2, United State Code: Provided further , That notwithstanding section 1402(b) of the Legislative Branch Appropriations Act, 2014, section 132a–3 of title 2, United States Code, the amount provided under this heading in this chapter may be transferred, subject to the approval requirement in section 1402(a) of such Act: 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. GOVERNMENT PUBLISHING OFFICE Government publishing office business operations revolving fund For an additional amount for Government Publishing Office Business Operations Revolving Fund , $7,300,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, including for offsetting losses in amounts collected pursuant to section 309 of title 44, United States Code, as a result of coronavirus: Provided , 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. VIII BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president Department of state MIGRATION AND REFUGEE ASSISTANCE For an additional amount for Migration and Refugee Assistance , $100,000,000, to remain available until expended, to address humanitarian needs in Afghanistan and to assist Afghan refugees: Provided , That such amount shall be in addition to any other funds available for such purpose: 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. GENERAL PROVISIONS—THIS TITLE EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM 801. (a) 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 . (b) Emergency requirement The amount provided by this section 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. POSTPONEMENT OF MEDICAL EXAM FOR AFGHAN ALLIES WHO ARE ELIGIBLE FOR SPECIAL IMMIGRANT VISAS 802. (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 45 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. (f) Emergency requirement The amount provided by this section 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. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND CHILDREN 803. (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. (e) Emergency requirement The amount provided by this section 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. CONVERSION OF PETITIONS FOR SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS 804. (a) 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. . (b) Emergency requirement The amount provided by this section 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. IX GENERAL PROVISIONS—THIS ACT 901. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 902. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 903. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2021. 904. Each amount appropriated in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for the purposes provided herein for such appropriation prior to the date of the enactment of this Act. 905. In this Act, the term coronavirus means SARS–CoV–2 or another coronavirus with pandemic potential. 906. Each amount designated in this Act 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 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 907. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation. This Act may be cited as the Emergency Security Supplemental to Respond to January 6th Appropriations Act, 2021 .
July 13, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2311pcs/xml/BILLS-117s2311pcs.xml |
117-s-2312 | II 117th CONGRESS 1st Session S. 2312 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mr. Shelby introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2021, and for other purposes.
The following sums are hereby are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, and for other purposes, namely: I DEPARTMENT OF DEFENSE MILITARY PERSONNEL National Guard Personnel, Army For an additional amount for National Guard Personnel, Army , $231,000,000, to respond to the events at the United States Capitol Complex on January 6, 2021, and for related purposes: Provided , 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. National Guard Personnel, Air Force For an additional amount for National Guard Personnel, Air Force , $28,900,000, to respond to the events at the United States Capitol Complex on January 6, 2021, and for related purposes: Provided , 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. Operation and Maintenance, Army National Guard For an additional amount for Operation and Maintenance, Army National Guard , $218,500,000 to respond to the events at the United States Capitol Complex on January 6, 2021, and for related purposes: Provided , 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. Operation and Maintenance, Air National Guard For an additional amount for Operation and Maintenance, Air National Guard , $42,500,000 to respond to the events at the United States Capitol Complex on January 6, 2021, and for related purposes: Provided , 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. II LEGISLATIVE BRANCH CAPITOL POLICE Salaries For an additional amount for Salaries , $37,495,000, to remain available until September 30, 2022, to respond to the events at the United States Capitol on January 6, 2021, and for related purposes: Provided , That of such amount, $3,600,000 may remain available until expended for retention bonuses: Provided further , That of such amount, up to $6,900,000 shall be made available for hazard pay for employees of the Capitol Police: Provided further , That of such amount, $1,361,300 shall be made available for the wellness program for the United States Capitol Police: 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. General Expenses (INCLUDING TRANSFER OF FUNDS) For an additional amount for General Expenses , $33,169,000, to remain available until September 30, 2022, to respond to the events at the United States Capitol on January 6, 2021, and for related purposes: Provided , That of such amount, $2,628,000 shall remain available until expended for physical protection barriers and various civil disturbance unit equipment: Provided further , That amounts provided under this heading in this chapter for physical protection barriers may be transferred to and merged with the Capitol Police Building and Grounds Account of the Architect of the Capitol: Provided further , That of such amount, not less than $5,000,000 shall be made available for reimbursable agreements with State and local law enforcement agencies and not less than $4,800,000 shall be available for protective details for Members of Congress, including Delegates and the Resident Commissioner to the Congress: Provided further , That of such amount, up to $2,500,000 may be transferred to Department of Justice—United States Marshals Service—Salaries and Expenses for the purpose of reimbursements for providing peer-to-peer and group counseling services to the Capitol Police and training and technical and related assistance necessary to establish a peer-to-peer and group counseling program within the Capitol Police: 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. United states capitol police mutual aid reimbursements For an additional amount for United States Capitol Police General Expenses , $26,300,000, to remain available until September 30, 2026, for reimbursements for mutual aid and related training, including mutual aid and training provided under the agreements described in section 7302 of Public Law 108–458 : Provided , That obligation of the funds made available in the preceding proviso be subject to notification to the Chairmen and Ranking Members of Committees on Appropriations of both Houses of Congress, the Senate Committee on Rules and Administration, and the Committee on House Administration of the amount and purpose of the expense within 15 days of obligation: 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. Administrative provisions CAPITOL POLICE SALARY CAP ADJUSTMENT 201. For the purposes of administering pay during calendar year 2021, the limitation on the maximum rate of gross compensation for any member or civilian employee of the Capitol Police whose compensation includes overtime pay under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) shall be limited to Executive Schedule II at $199,300. Excluded from this limitation for calendar year 2021 shall be retention bonuses and hazard bonuses related to the events of January 6th. Emergency assistance for the Capitol Police 202. (a) Assistance by executive departments and agencies Section 911(a) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970(a) ) is amended— (1) in paragraph (1), by inserting or in accordance with paragraph (4) before and on a permanent ; (2) in paragraph (4)(B)— (A) in the matter preceding clause (i), by striking advance ; and (B) in clause (ii)— (i) in subclause (I), by striking or after the semicolon; (ii) in subclause (II), by striking and after the semicolon and inserting or ; and (iii) by adding at the end the following: (III) the Chief of the Capitol Police, if the Chief of the Capitol Police has determined that the provision of assistance is necessary to prevent the significant disruption of governmental function and public order within the United States Capitol Buildings and Grounds, as described in section 9 of the Act entitled An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes , approved July 31, 1946 ( 2 U.S.C. 1961 ); and ; and (3) by adding at the end the following: (5) Revocation The Capitol Police Board may revoke a request for assistance provided under paragraph (4)(B)(ii)(III) upon consultation with appropriate Members of the Senate and House of Representatives in leadership positions. . (b) Capitol police special officers Section 1017 of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1974 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting or as determined by the Chief of the Capitol Police in accordance with section 911(a)(4)(B)(ii)(III) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970(a)(4)(B)(ii)(III) ), after Congress, ; and (B) by adding at the end the following: An appointment under this section due to an emergency determined by the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of section 911(a) of division B of the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002 ( 2 U.S.C. 1970(a) ) shall be in effect for the period of the emergency, unless and until the Capitol Police Board revokes the request for assistance under paragraph (5) of such section. ; (2) by striking subsections (c) and (e); (3) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively; and (4) in subsection (d), as redesignated by paragraph (3) of this subsection, by striking President pro tempore and inserting Majority Leader . (c) (1) Joint oversight hearings The Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives (referred to in this section as the Committees ) are authorized to jointly conduct oversight hearings regarding the Capitol Police Board and may request the attendance of all members of the Capitol Police Board at any such hearing. Members of the Capitol Police Board shall attend a joint hearing under this section, as requested and under such rules or procedures as may be adopted by the Committees. (2) Timing The Committees may conduct oversight hearings under this section as determined appropriate by the Committees, but shall conduct not less than one oversight hearing under this section during each Congress. (d) Effective date The amendments made by this section shall take effect on October 1, 2021. ARCHITECT OF THE CAPITOL Capital construction and operations For an additional amount for Capital Construction and Operations , $15,000,000, to remain available until September 30, 2022, to respond to the events at the United States Capitol on January 6, 2021, by securing vulnerabilities of windows and doors in the United States Capitol Building: Provided , 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. III GENERAL PROVISIONS—THIS ACT 301. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 302. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 303. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2021. 304. Each amount appropriated in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for the purposes provided herein for such appropriation prior to the date of the enactment of this Act. 305. Each amount designated in this Act 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 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 306. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation. | https://www.govinfo.gov/content/pkg/BILLS-117s2312is/xml/BILLS-117s2312is.xml |
117-s-2313 | VI 117th CONGRESS 1st Session S. 2313 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL For the relief of Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso.
1. Permanent resident status for Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act ( 8 U.S.C. 1154 ) or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, or Karla Maria Barrera De Bueso enters the United States before the filing deadline specified in subsection (c), Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, or Karla Maria Barrera De Bueso shall be considered to have entered and remained lawfully in the United States and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) as of the date of the enactment of this Act. (c) Application and payment of fees Subsections (a) and (b) shall apply only if the applications for issuance of immigrant visas or the applications for adjustment of status are filed with appropriate fees not later than two years after the date of the enactment of this Act. (d) Reduction of immigrant visa numbers Upon the granting of immigrant visas or permanent resident status to Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso, the Secretary of State shall instruct the proper officer to reduce by three, during the current or next following fiscal year— (1) the total number of immigrant visas that are made available to natives of the country of birth of Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera De Bueso under section 202(e) of such Act ( 8 U.S.C. 1152(e) ). (e) PAYGO 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s2313is/xml/BILLS-117s2313is.xml |
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