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117-s-2314 | II 117th CONGRESS 1st Session S. 2314 IN THE SENATE OF THE UNITED STATES July 12, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To ensure the safety of workers of contractors that serve and supply the Armed Forces and the accountable use of taxpayer dollars.
1. Short title This Act may be cited as the Improving Worker Safety in Contracting Act of 2021 . 2. Department of Defense contractor workplace safety and accountability (a) Training and guidance The Secretary of Defense shall develop and provide clear training and guidance to acquisition officials, contracting officers, and current and potential contractors on an annual basis regarding— (1) the authorities and requirements of Department of Defense officials to consider workplace safety and health information in the pre-award, award, and contract performance phases of the contracting process; and (2) the availability of relevant contractor safety information on the Occupational Health and Safety Administration (OSHA) website. (b) Comptroller General report (1) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Department of Defense and the congressional defense committees a report on the health and safety records of Department of Defense contractors. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description of the Department of Defense's existing procedures to evaluate the safety and health records of current and prospective contractors. (B) An evaluation of the Department's adherence to those procedures. (C) An assessment of the current incidence of health and safety violations by Department contractors. (D) An assessment of whether the Department of Labor has the resources to investigate and identify safety and health violations by Department of Defense contractors. (E) An assessment of whether the Department of Labor should consider assuming an expanded investigatory role or a targeted enforcement program for ensuring the safety and health of workers under Department of Defense contracts. (F) An evaluation of the training and guidance developed under subsection (a). (c) Definitions In this section: (1) Covered contract The term covered contract means a Department of Defense contract for the procurement of property or services, including construction, valued in excess of $1,000,000. (2) Covered subcontractor The term covered subcontractor means a subcontractor listed in the bid for a covered contract or known by the Department of Defense to be a subcontractor of the offeror. (d) Consideration of safety performance in contracts (1) System for assigning safety performance ratings for certain contracts Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a system for assigning safety performance ratings for Department of Defense contracts in industries that have relatively high rates of occupational injuries, including manufacturing, construction, and ship building and repairing. (2) Ratings for completed contracts Beginning in fiscal year 2023, Department of Defense contracting officials shall assess contractor safety performance at the time of contract completion in industries that have relatively high rates of occupational injuries. (3) Evaluation of safety performance records Beginning in fiscal year 2023, Department of Defense contracting officials shall consider information about prospective contractors’ records of safety performance as a factor in awarding contracts in industries that have relatively high rates of occupational injuries. | https://www.govinfo.gov/content/pkg/BILLS-117s2314is/xml/BILLS-117s2314is.xml |
117-s-2315 | II 117th CONGRESS 1st Session S. 2315 IN THE SENATE OF THE UNITED STATES July 12, 2021 Mr. Warnock (for himself, Ms. Baldwin , and Mr. Ossoff ) 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 Health and Human Services to establish a program to provide health care coverage to low-income adults in States that have not expanded Medicaid.
1. Short title This Act may be cited as the Medicaid Saves Lives Act . 2. Medicaid fallback coverage program for low-income adults in non-expansion States (a) In general As soon as possible after the date of enactment of this Act the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall— (1) directly or by contract, establish a program that offers eligible individuals the opportunity to enroll in health benefits coverage that meets the requirements described in subsection (c) and any requirements applicable to such coverage pursuant to subsection (d); and (2) ensure that such program is administered consistent with the requirements of section 431.10(c)(2) of title 42, Code of Federal Regulations. (b) Definition of eligible individual In this section, the term eligible individual means an individual who— (1) is described in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) ); (2) resides in a State that— (A) does not expend amounts for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for all individuals described in such section; and (B) did not expend amounts for medical assistance under such title for all such individuals as of the date of enactment of this Act; and (3) would not be eligible for medical assistance under such State's plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or a waiver of such plan, as such plan or waiver was in effect on such date. (c) Health benefits coverage requirements The requirements described in this subsection with respect to health benefits coverage are the following: (1) Essential health benefits At a minimum, the coverage meets the minimum standards required under paragraph (5) of section 1937(b) of the Social Security Act ( 42 U.S.C. 1396u–7(b) ) for benchmark coverage described in paragraph (1) of such section or benchmark equivalent coverage described in paragraph (2) of such section. (2) Premiums and cost sharing No premiums are imposed for the coverage, and deductibles, cost sharing, or similar charges may only be imposed in accordance with the requirements imposed on State Medicaid plans under section 1916 of the Social Security Act ( 42 U.S.C. 1396o ). (d) Application of requirements and provisions of title XIX of the Social Security Act The Secretary shall specify that— (1) any requirement applicable to the furnishing of medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) by States that have elected to make medical assistance available to individuals described in section 1902(a)(10)(A)(i)(VIII) of such title ( 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) ) that does not conflict with the requirements specified in subsection (c) applies to the program established under this section; and (2) other provisions of such title apply to such program. (e) No State mandate Nothing in this section shall be construed as requiring a State to make expenditures related to the program established under this section and the Secretary shall not impose any such requirement. (f) Funding There are appropriated to the Secretary for each fiscal year beginning with fiscal year 2021 from any funds in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section. 3. Increase and extension of temporary enhanced FMAP for States which begin to expend amounts for certain mandatory individuals (a) In general Section 1905(ii)(1) of the Social Security Act ( 42 U.S.C. 1396d(ii)(1) ) is amended— (1) by striking 8-quarter period and inserting 40-quarter period ; and (2) by striking 5 percentage points and inserting 10 percentage points . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of section 9814 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2315is/xml/BILLS-117s2315is.xml |
117-s-2316 | II 117th CONGRESS 1st Session S. 2316 IN THE SENATE OF THE UNITED STATES July 12, 2021 Ms. Baldwin (for herself, Mrs. Capito , Mr. Tester , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To expand eligibility for certain housing programs for qualified volunteer first responders.
1. Short title This Act may be cited as the Volunteer First Responder Housing Act . 2. Definitions In this Act: (1) Bona fide volunteer; eligible employer; qualified services The terms bona fide volunteer , eligible employer , and qualified services have the meanings given those terms in section 457(e) of the Internal Revenue Code of 1986. (2) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 501(b) of the Housing Act of 1949 ( 42 U.S.C. 1471(b) ). (3) Qualified volunteer first responder The term qualified volunteer first responder means any individual who— (A) is a bona fide volunteer performing qualified services for an eligible employer; (B) continuously served as a volunteer for the eligible employer during the 2-year period preceding the date on which the individual submits a verification letter under section 3(b) or 4(b); (C) during each of the 2 years described in subparagraph (B)— (i) met the minimum requirements for active membership established by the eligible employer; or (ii) if the eligible employer did not establish minimum requirements, volunteered for not less than 200 hours; and (D) is certified as a firefighter or other first responder in the State, political subdivision of a State, or jurisdiction of an Indian Tribe in which the individual is serving as volunteer. 3. Department of Agriculture Single Family Housing Guaranteed Loan Program (a) In general A qualified volunteer first responder who submits to the Secretary of Agriculture (referred to in this section as the Secretary ) a verification letter in accordance with subsection (b) shall be eligible for a deduction in annual income under section 3555.152(c) of title 7, Code of Federal Regulations (or any successor regulation), in the amount of $18,000. (b) Verification letter To be eligible for a deduction under subsection (a), a qualified volunteer first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall— (1) include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer; (2) attest to the Secretary that the qualified volunteer first responder meets the requirements under subparagraphs (B) and (C) of section 2(3); and (3) include a copy of the certification described in section 2(3)(D). 4. Good Neighbor Next Door Sales Program and similar programs (a) Eligibility A qualified volunteer first responder who submits to the Secretary of Housing and Urban Development (referred to in this section as the Secretary ) a verification letter in accordance with subsection (b) shall qualify as a firefighter or emergency medical technician for purposes of any single family property disposition program carried out by the Secretary by regulation under section 204(g) of the National Housing Act ( 12 U.S.C. 1710(g) ) that offers discounted home prices to firefighters or emergency medical technicians. (b) Verification letter To qualify to purchase a home under a single family property disposition program referred to in subsection (a), a qualified first responder shall submit to the Secretary a verification letter from the head of the eligible employer for which the qualified volunteer first responder volunteers, which shall— (1) include the date on which the qualified volunteer first responder joined the eligible employer as a volunteer; (2) attest to the Secretary that the qualified volunteer first responder meets the requirements under subparagraphs (B) and (C) of section 2(3); (3) include a copy of the certification described in section 2(3)(D); and (4) include a certification from the qualified volunteer first responder of the responder’s good faith intention to continue serving as a volunteer for the eligible employer for not less than 1 year following the date of closing. | https://www.govinfo.gov/content/pkg/BILLS-117s2316is/xml/BILLS-117s2316is.xml |
117-s-2317 | II 117th CONGRESS 1st Session S. 2317 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. King (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the establishment of security standards for international research in key technology focus areas.
1. Prioritization and protection of international research (a) List of allied countries The Secretary of State, in consultation with the Director of the Office of Science and Technology Policy, the National Security Council, the Secretary of Energy, the Director of the National Science Foundation, and the heads of other relevant agencies, shall create a list of allied countries with which joint international research and cooperation would advance United States national interests and advance scientific knowledge in key technology focus areas. (b) Establishment of security procedures The Secretary of State, in consultation with the individuals and entities listed in subsection (a), shall collaborate with similar entities in the countries appearing on the list created pursuant to subsection (a) to develop, coordinate, and agree to general security policies and procedures for governmental, academic, and private sector research, to prevent sensitive research from being disclosed to adversaries. (c) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the individuals and entities listed in subsection (a), and allied countries appearing on the list created pursuant to subsection (a), shall submit a report to Congress that identifies the most promising international research ventures that leverage resources and advance research in key technology focus areas. | https://www.govinfo.gov/content/pkg/BILLS-117s2317is/xml/BILLS-117s2317is.xml |
117-s-2318 | II 117th CONGRESS 1st Session S. 2318 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Kelly 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 the consideration of a standard for promoting the use of demand-response technology and practices, and for other purposes.
1. Short title This Act may be cited as the Demand-Response Management Act of 2021 . 2. Purpose The purpose of this Act is to promote the use of demand-response technology and practices that support grid resiliency and reliability during extreme weather events. 3. Promotion of demand-response practices (a) Consideration of demand-Response standard (1) 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) Demand-response practices (A) In general Each electric utility shall promote the use of demand-response practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand. (B) Rate recovery (i) In general Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response practices in accordance with subparagraph (A). (ii) Nonregulated electric utilities A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response practices in accordance with subparagraph (A). . (2) Compliance (A) Time limitations 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 electric 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). . (B) Failure to comply (i) In general Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended— (I) by striking such paragraph (14) and all that follows through paragraphs (16) and inserting such paragraph (14). In the case of the standard established by paragraph (15) 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 (15). In the case of the standards established by paragraphs (16) ; 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 subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20). . (ii) Technical correction Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 971) is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(d) ) shall be in effect as if that amendment had not been enacted. (C) Prior State actions (i) 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. . (ii) 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 (20). . (b) Optional features of State energy conservation plans Section 362(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d) ) is amended— (1) in paragraph (16), by striking and at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: (17) programs that promote the installation and use of demand-response technology and demand-response practices; and . (c) Federal Energy Management Program Section 543(i) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(i) ) is amended— (1) in paragraph (1)— (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) to reduce energy consumption during periods of unusually high electricity or natural gas demand. ; and (2) in paragraph (3)(A)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (vii) promote the installation of demand-response technology and the use of demand-response practices in Federal buildings. . (d) Components of Zero-Net-Energy Commercial Buildings Initiative Section 422(d)(3) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17082(d) ) is amended by inserting (including demand-response technologies, practices, and policies) after policies . | https://www.govinfo.gov/content/pkg/BILLS-117s2318is/xml/BILLS-117s2318is.xml |
117-s-2319 | II 117th CONGRESS 1st Session S. 2319 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Markey (for himself, Mr. Menendez , Mr. Reed , Mr. Schatz , Mr. Casey , Mrs. Feinstein , Mr. Wyden , Mr. Blumenthal , Mr. Merkley , Mr. Whitehouse , Ms. Duckworth , Mr. Durbin , Mr. Sanders , Mr. Padilla , Mr. Murphy , Mr. Van Hollen , Ms. Smith , Mr. Leahy , Mr. Kaine , Mr. Cardin , Ms. Klobuchar , Ms. Baldwin , Mr. Booker , Mr. Coons , Ms. Hirono , Mrs. Gillibrand , Mr. Brown , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to prohibit the distribution of 3D printer plans for the printing of firearms, and for other purposes.
1. Short title This Act may be cited as the 3D Printed Gun Safety Act of 2021 . 2. Findings Congress finds the following: (1) Three dimensional, or 3D printing, involves the programming of a 3D printing machine with a computer file that provides the schematics for the item to be printed. (2) Recent technological developments have allowed for the 3D printing of firearms and firearm parts, including parts made out of plastic, by unlicensed individuals in possession of relatively inexpensive 3D printers. (3) Because 3D printing allows individuals to make their own firearms out of plastic, they may be able to evade detection by metal detectors at security checkpoints, increasing the risk that a firearm will be used to perpetrate violence on an airplane or other area where people congregate. (4) The availability of online schematics for the 3D printing of firearms and firearm parts increases the risk that dangerous people, including felons, domestic abusers, and other people prohibited from possessing firearms under Federal law, will obtain a firearm through 3D printing. (5) On June 7, 2013, an assailant used a gun he had constructed by himself to kill his father, brother, and 3 other people at Santa Monica College in California. The person had failed a background check when he tried to purchase a gun from a licensed gun dealer. The gun he used was made from an unfinished AR–15-style receiver, similar to a receiver that can now be made with a 3D printer. (6) Firearms tracing is a powerful investigative tool. When law enforcement agencies recover firearms that have been used in crimes, the agencies work with the Bureau of Alcohol, Tobacco, Firearms and Explosives to trace these firearms to their first retail purchaser. The agencies can use that information to investigate and solve the crimes. In 2019 alone, the Bureau of Alcohol, Tobacco, Firearms and Explosives traced and recovered 269,250 firearms. (7) Firearms tracing depends on the ability to identify firearms based on their serial number. Traditionally, when a firearm is manufactured domestically or imported from abroad, it is engraved with a serial number and markings that identify the manufacturer or importer, make, model, and caliber, and are unique to the firearm. Firearms made by unlicensed individuals with 3D printers, however, do not contain genuine serial numbers. (8) Criminals seek firearms without serial numbers because they cannot be traced. In July 2018, the Los Angeles Police Department completed a 6-month-long investigation that resulted in the seizure of 45 firearms, some of which had been assembled without serial numbers in order to be untraceable. If the schematics for 3D printing firearms and firearm parts are available online, people intending to commit gun crimes may create similarly untraceable firearms in order to avoid accountability for these crimes. (9) Interstate gun trafficking, including the trafficking of untraceable firearms, interferes with lawful commerce in firearms and significantly contributes to gun crime. Of the 269,250 firearms traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2019, 75,513 of those firearms were originally sold by a licensed firearms dealer in a State other than the State where they were recovered. These guns made up 28.0 percent of all firearm recoveries in 2019. (10) The proliferation of 3D-printed firearms threatens to undermine the entire Federal firearms regulatory scheme and to endanger public safety and national security. By making illegal the distribution of certain computer code that can be used automatically to program 3D printers and create firearms—the only means of combating this unique threat—Congress seeks not to regulate the rights of computer programmers under the First Amendment to the Constitution of the United States, but rather to curb the pernicious effects of untraceable—and potentially undetectable—firearms. 3. Prohibition Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) It shall be unlawful for any person to intentionally distribute, over the internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver. . | https://www.govinfo.gov/content/pkg/BILLS-117s2319is/xml/BILLS-117s2319is.xml |
117-s-2320 | II 117th CONGRESS 1st Session S. 2320 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Markey (for himself, Mrs. Feinstein , Mr. Whitehouse , Ms. Smith , Mr. Van Hollen , Mr. Reed , Mr. Menendez , Ms. Klobuchar , Mr. Blumenthal , Mr. Booker , Mr. Murphy , Mr. Wyden , Mr. Padilla , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure greater accountability by licensed firearms dealers.
1. Short title This Act may be cited as the Keeping Gun Dealers Honest Act of 2021 . 2. Increasing the number of allowed compliance inspections of firearms dealers Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking once and inserting 3 times . 3. Increasing penalties on firearms licensees Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking one year and inserting 5 years . 4. Serious recordkeeping offenses that aid gun trafficking Section 924(a)(3) of title 18, United States Code, is amended by striking the period at the end and inserting . If the conduct described in subparagraph (A) or (B) is in relation to an offense under subsection (a)(6) or (d) of section 922, the licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be fined under this title, imprisoned for not more than 10 years, or both. . 5. Suspension of firearms dealer’s license and civil penalties for violations of the Gun Control Act Section 923 of title 18, United States Code, is amended by striking subsections (e) and (f) and inserting the following: (e) (1) (A) The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license— (i) has violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter; or (ii) except as provided in subparagraph (B), fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees. (B) Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee. (2) The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition. (3) The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. (4) The Attorney General’s actions under this subsection may be reviewed only as provided in subsection (f). (f) (1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. (2) If the Attorney General denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Attorney General shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. (3) (A) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. (B) The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party’s principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. (C) In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph (2). (D) If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court. . 6. Termination of firearms dealer’s license upon felony conviction Section 925(b) of title 18, United States Code, is amended by striking until any conviction pursuant to the indictment becomes final and inserting until the date of any conviction pursuant to the indictment . 7. Authority to hire additional personnel The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives may hire at least 80 additional employees for the purpose of carrying out additional inspections as provided for in the amendments made by this Act. 8. Authority to require licensed dealer to conduct a physical inventory and provide inventory record if dealer has unlawfully transferred a firearm or 10 or more crime guns are traced to the dealer (a) In general Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: (E) The Attorney General may require a licensed importer, licensed manufacturer, or licensed dealer to conduct a physical inventory of the firearms in the business inventory of the licensee, and provide the Attorney General with a detailed record of the physical inventory if— (i) the licensee has been convicted of transferring a firearm unlawfully; or (ii) the Attorney General finds that 10 or more firearms used in a crime under Federal, State, or local law have been traced back to the licensee. . (b) Conforming amendments (1) Section 923(j) of such title is amended in the 6th sentence by inserting , except as required under subsection (g)(1)(E) before the period. (2) The matter under the heading salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 247) is amended in the 5th proviso by inserting , except as required under subsection (g)(1)(E) of such section 923 before the colon. 9. Issuance of licenses Section 923 of title 18, United States Code, is amended— (1) in subsection (c)— (A) by inserting (1) before Upon ; (B) in the first sentence, by inserting , subject to paragraph (2), after Attorney General shall ; and (C) by adding at the end the following: (2) The Attorney General may deny an application submitted under subsection (a) or (b) if the Attorney General determines— (A) issuing the license would pose a danger to public safety; or (B) that the applicant— (i) is not likely to comply with the law; or (ii) is otherwise not suitable to be issued a license. ; and (2) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting , subject to subsection (c)(2), after shall . 10. Liability standards Section 923 of title 18, United States Code, is amended— (1) in subsection (c), in the third sentence, by striking willfully ; and (2) in subsection (d), by striking willfully each place it appears. 11. Regulatory flexibility Section 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking only . 12. Report to the Congress The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall submit biennial reports to Congress on the implementation of this Act and the amendments made by this Act, which shall include— (1) a statement by the Director as to what additional resources, if any, are necessary in order to implement this Act and the amendments made by this Act; and (2) any recommendations of the Director for how better to ensure that— (A) firearms dealers are complying with all laws and regulations that apply with respect to dealing in firearms; and (B) noncompliant firearms dealers are subject to appropriate action in a timely manner. 13. Severability If any provision of this Act or of an amendment made by this Act, or the application of such a provision to any person or circumstance, is held to be invalid, the remainder of this Act or of such an amendment, or the application of this Act or of such an amendment to other persons or circumstances, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s2320is/xml/BILLS-117s2320is.xml |
117-s-2321 | II 117th CONGRESS 1st Session S. 2321 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to ensure that the supported housing program of the Department of Veterans Affairs has not fewer than one program manager for every 35 rental assistance cases under such program, and for other purposes.
1. Short title This Act may be cited as the Preserving Our Commitment to Homeless Veterans Act . 2. Staffing of program managers for supported housing program of Department of Veterans Affairs (a) Staffing Section 2003(b) of title 38, United States Code, is amended— (1) by inserting (1) before The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall provide case management support whenever requested by a local housing authority under the program described in paragraph (1). (3) (A) Except as provided in subparagraph (B), the Secretary shall ensure that in each fiscal year no case manager is concurrently assigned to more than 35 veterans under this subsection. (B) The Secretary may waive the requirement of subparagraph (A) for a particular case manager in a particular fiscal year as the Secretary considers appropriate. (C) Not less frequently than once each fiscal year, the Secretary shall submit to Congress a report on the waivers made by the Secretary under subparagraph (B) in the previous fiscal year. Each report shall include a description of the circumstances under which each waiver was made. (4) The Secretary shall ensure that each veteran to whom a case manager is assigned under this subsection is located within such distance of the case manager as the Secretary considers reasonable. (5) (A) In any case in which a position within the Veterans Health Administration for a case manager described in paragraph (1) is vacant for a period of 180 days or more, the Secretary shall seek to enter into a contract with a local service provider with knowledge and expertise applicable to a case manager in such position to furnish the case management services that would otherwise be provided by a case manager in such position. (B) The requirement in subparagraph (A) to seek to enter into a contract shall cease to apply if the Secretary fills the vacancy referred to in such subparagraph. . (b) Limitation on conversion of funds The Secretary of Veterans Affairs may not convert any of the amounts appropriated or otherwise made available in a fiscal year to carry out section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) from a specific purpose program to a general purpose program unless the Secretary included a proposal to do so in the budget justification materials submitted to Congress in support of the Department of Veterans Affairs budget for such fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code). | https://www.govinfo.gov/content/pkg/BILLS-117s2321is/xml/BILLS-117s2321is.xml |
117-s-2322 | II 117th CONGRESS 1st Session S. 2322 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Cornyn (for himself, Mr. Menendez , Mr. Carper , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require a pilot program on the participation of non-asset-based third-party logistics providers in the Customs-Trade Partnership Against Terrorism.
1. Short title This Act may be cited as the Customs-Trade Partnership Against Terrorism Pilot Program Act of 2021 or the CTPAT Pilot Program Act of 2021 . 2. Pilot program on participation of non-asset-based third-party logistics providers in Customs-Trade Partnership Against Terrorism (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall issue a final rule to carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in the Customs-Trade Partnership Against Terrorism under subtitle B of title I of the SAFE Port Act ( 6 U.S.C. 961 et seq. ) would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of the Customs-Trade Partnership Against Terrorism. (b) Entities described An entity described in this subsection is a non-asset-based third-party logistics provider that— (1) arranges international transportation of freight and is licensed by the Department of Transportation; and (2) meets such other requirements as the Secretary establishes in the rule required by subsection (a). (c) Requirements In carrying out the pilot program required by subsection (a), the Secretary shall— (1) ensure that not more than 10 entities described in subsection (b) participate in the pilot program; (2) provide for the participation of those entities on a voluntary basis; (3) continue the program for a period of not less than one year after the date on which the Secretary issues the final rule required by subsection (a); and (4) terminate the pilot program not more than 5 years after that date. (d) Report required Not later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to Congress a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in the Customs-Trade Partnership Against Terrorism of entities described in subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-117s2322is/xml/BILLS-117s2322is.xml |
117-s-2323 | II 117th CONGRESS 1st Session S. 2323 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Warnock (for himself, Mr. Ossoff , and Mr. Padilla ) 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 establish the Helping Obtain Prosperity for Everyone program, and for other purposes.
1. Helping Obtain Prosperity for Everyone program (a) Program establishment (1) In general Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following: 5308. Helping Obtain Prosperity for Everyone program (a) Definitions In this section: (1) Area of persistent poverty The term area of persistent poverty means— (A) a county that has consistently had greater than or equal to 20 percent of the population living in poverty during the most recent 30-year period for which data is available, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates, as estimated by the Bureau of the Census; (B) a census tract with a poverty rate of at least 20 percent as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico; or (C) any other territory or possession of the United States of which at least 20 percent of the population has consistently lived in poverty over the most recent 30-year period for which data is available, as measured by the 1990, 2000, and 2010 decennial censuses or equivalent data of the Bureau of the Census. (2) Covered project The term covered project means any project eligible under this chapter carried out by an eligible entity that would serve an area of persistent poverty. (3) Eligible entity The term eligible entity means an eligible recipient or subrecipient under section 5307, 5310, or 5311 that seeks to carry out a covered project. (4) Program The term program means the Helping Obtain Prosperity for Everyone program established under subsection (b). (b) Establishment The Secretary shall carry out a program, to be known as the Helping Obtain Prosperity for Everyone program, to award grants to eligible entities— (1) to carry out planning or engineering work for covered projects, which may include studies or analyses to assess the transit needs of an area of persistent poverty; and (2) to develop technical or financing plans for covered projects. (c) Application An eligible entity seeking a grant under the program, or a State department of transportation acting on behalf of an eligible entity seeking a grant under the program, shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Federal share The Federal share of the cost of an activity described in subsection (b) shall be not less than 90 percent. (e) Outreach Not later than 1 year after the date on which the Secretary establishes the program, the Secretary shall conduct outreach, including through personal contact, webinars, online materials, and other appropriate methods determined by the Secretary, to eligible entities with respect to grant opportunities under the program. (f) Partnerships (1) In general The recipient of a grant under the program may enter into a partnership with a nonprofit organization or other entity to assist the recipient in carrying out the activities described in subsection (b). (2) Encouragement The Secretary shall encourage recipients of grants under the program to enter into partnerships with nonprofit organizations that could assist the recipient in ensuring that a covered project results in lower emissions or no emissions. (g) Rural areas Of the amounts made available to carry out the program each fiscal year, the Secretary shall ensure that not less than 20 percent is used to carry out covered projects in rural areas. . (2) Clerical amendment The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5307 the following: 5308. Helping Obtain Prosperity for Everyone program. . (b) Funding Section 5338(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting 5308, after 5307, ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) $25,000,000 for each of fiscal years 2022 through 2026. ; and (2) in paragraph (2)— (A) in subparagraph (M), by striking and at the end; (B) in subparagraph (N)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (O) $25,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5308. . | https://www.govinfo.gov/content/pkg/BILLS-117s2323is/xml/BILLS-117s2323is.xml |
117-s-2324 | II 117th CONGRESS 1st Session S. 2324 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Portman (for himself, Ms. Sinema , Mr. Manchin , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the FAST Act to improve the Federal permitting process, and for other purposes.
1. Short title This Act may be cited as the Federal Permitting Reform and Jobs Act . 2. Federal permitting improvement (a) Definitions Section 41001 of the FAST Act ( 42 U.S.C. 4370m ) is amended— (1) in paragraph (3), by inserting and any interagency consultation after issued by an agency ; (2) in paragraph (4), by striking means and all that follows through the period at the end of subparagraph (B) and inserting has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). ; (3) in paragraph (5), by striking Federal Infrastructure Permitting Improvement Steering Council and inserting Federal Permitting Improvement Steering Council ; (4) in paragraph (6)(A)— (A) in clause (ii), by striking or at the end; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) is— (I) subject to NEPA; (II) sponsored by an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and (III) located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or ; and (5) in paragraph (8), by striking means and all that follows through the period at the end and inserting has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (b) Federal Permitting Improvement Steering Council Section 41002 of the FAST Act ( 42 U.S.C. 4370m–1 ) is amended— (1) in the section heading, by striking Federal Permitting Improvement Council and inserting Federal Permitting Improvement Steering Council ; (2) in subsection (b)(2)(A)— (A) in clause (i)— (i) by striking Each and inserting the following: (I) In general Each ; and (ii) by adding at the end the following: (II) Redesignation If an individual listed in subparagraph (B) designates a different member to serve on the Council than the member designated under subclause (I), the individual shall notify the Executive Director of the designation by not later than 30 days after the date on which the designation is made. ; and (B) in clause (iii)(II), by striking a deputy secretary (or the equivalent) or higher and inserting the applicable agency councilmember ; (3) in subsection (c)— (A) in paragraph (1)(C)(ii)— (i) by striking subclause (I) and inserting the following: (I) In general The performance schedules shall reflect employment of the most sound and efficient applicable processes, including the alignment of Federal reviews of projects, reduction of permitting and project delivery time, and consideration of the best practices for public participation. ; (ii) by redesignating subclause (II) as subclause (III); (iii) by inserting after subclause (I) the following: (II) Goal (aa) In general To the maximum extent practicable, and consistent with applicable Federal law, the Executive Director, in consultation with the Council, shall aim to develop recommended performance schedules under clause (i) of not more than 2 years. (bb) Exception If a recommended performance schedule developed under clause (i) exceeds 2 years, the relevant agencies, in consultation with the Executive Director and the Council, shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects to take longer than 2 years. ; and (iv) in subclause (III)(bb) (as so redesignated), by striking on the basis of data from the preceding 2 calendar years and inserting based on relevant historical data, as determined by the Executive Director, ; (B) in paragraph (2)(B)— (i) in the matter preceding clause (i), by striking later than and all that follows through practices for and inserting less frequently than annually, the Council shall issue recommendations on the best practices for improving the Federal permitting process for covered projects, which may include ; (ii) in clause (i)— (I) by striking stakeholder engagement, including fully considering and inserting “stakeholder engagement, including— (II) fully considering ; and (II) by inserting before subclause (II) (as added by subclause (I)) the following: (I) engaging with Native American stakeholders to ensure that project sponsors and agencies identify potential natural, archeological, and cultural resources and locations of historic and religious significance in the area of a covered project; and ; (iii) in clause (vii), by striking and at the end; (iv) by redesignating clause (viii) as clause (x); and (v) by inserting after clause (vii) the following: (viii) in coordination with the Executive Director, improving preliminary engagement with project sponsors in developing coordinated project plans; (ix) using programmatic assessments, templates, and other tools based on the best available science and data; and ; and (C) in paragraph (3)(A), by inserting , including agency compliance with intermediate and final completion dates described in coordinated project plans after authorizations ; and (4) by striking subsection (d). (c) Permitting process improvement Section 41003 of the FAST Act ( 42 U.S.C. 4370m–2 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by adding at the end the following: (D) Confidentiality Any information relating to Native American natural, cultural, and historical resources submitted in a notice by a project sponsor under subparagraph (A) shall be— (i) kept confidential; and (ii) exempt from the disclosure requirements under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), and the Federal Advisory Committee Act (5 U.S.C. App.). ; (B) in paragraph (2)— (i) in subparagraph (A), in the matter preceding clause (i), by striking 45 days and inserting 21 calendar days ; and (ii) in subparagraph (B), by inserting 14 calendar day before deadline ; and (C) in paragraph (3)(A), in the matter preceding clause (i), by inserting and the Executive Director after as applicable, ; (2) in subsection (b)— (A) in paragraph (2)(A), by adding at the end the following: (iii) Projects other than covered projects (I) In general The Executive Director may direct a lead agency to create a specific entry on the Dashboard for a project that is not a covered project and is under review by the lead agency if the Executive Director determines that a Dashboard entry for that project is in the interest of transparency. (II) Requirements Not later than 14 days after the date on which the Executive Director directs the lead agency to create a specific entry on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the project that contains— (aa) a comprehensive permitting timetable, as described in subsection (c)(2)(A); (bb) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable required under item (aa); (cc) any modifications of the permitting timetable required under item (aa), including an explanation as to why the permitting timetable was modified; and (dd) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available. ; and (B) in paragraph (3)(A)— (i) in clause (i)— (I) in subclause (IV), by striking and at the end; (II) by redesignating subclause (V) as subclause (VI); (III) by inserting after subclause (IV) the following: (V) information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process, including whether and when the mitigation measures have been fully implemented; and ; and (IV) in subclause (VI) (as so redesignated), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available. ; and (3) in subsection (c)(2)— (A) in subparagraph (A), strike coordination and insert coordinated ; (B) in subparagraph (D)(i)— (i) by redesignating subclauses (I) through (III) as subclauses (II) through (IV), respectively; (ii) by inserting before subclause (II) (as so redesignated) the following: (I) the facilitating or lead agency, as applicable, consults with the Executive Director regarding the potential modification not less than 15 days before engaging in the consultation under subclause (II); ; and (iii) in subclause (II) (as so redesignated), by inserting , the Executive Director, after participating agencies ; and (C) in subparagraph (F)— (i) in clause (i)— (I) by inserting intermediate and final before completion dates ; and (II) by inserting intermediate or final before completion date ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking a completion date for agency action on a covered project or is at significant risk of failing to conform with and inserting an intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date 30 days before ; and (II) in subclause (I), by striking significantly risking failing to conform and inserting reasonably believing the agency will fail to conform . (d) Coordination of required reviews Section 41005 of the FAST Act ( 42 U.S.C. 4370m–4 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) where an environmental impact statement is required for a project, prepare a single, joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization. ; (2) in subsection (b)— (A) by striking (1) State environmental documents; supplemental documents .— ; (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively, and indenting appropriately; (C) in paragraph (1) (as so redesignated)— (i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (ii) in subparagraph (A) (as so redesignated)— (I) by striking State laws and procedures and inserting the laws and procedures of a State or Indian Tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 )) ; and (II) by inserting developed pursuant to laws and procedures of that State or Indian Tribe (as so defined) that are of equal or greater rigor to each applicable Federal law and procedure, and after Council on Environmental Quality, ; (D) in paragraph (2) (as so redesignated), by striking subparagraph (A) each place it appears and inserting paragraph (1) ; (E) in paragraph (3) (as so redesignated)— (i) in the matter preceding clause (i), by striking subparagraph (A) and inserting paragraph (1) ; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; (F) in paragraph (4) (as so redesignated)— (i) in the matter preceding clause (i), by striking subparagraph (C) and inserting paragraph (3) ; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (G) in paragraph (5) (as so redesignated)— (i) by striking subparagraph (A) and inserting paragraph (1) ; and (ii) by striking subparagraph (C) and inserting paragraph (3) ; (3) in subsection (c)(4)— (A) in the matter preceding subparagraph (A), by striking determines that the development of the higher level of detail will not prevent— and inserting determines that— ; (B) in subparagraph (A), by inserting the development of the higher level of detail will not prevent before the lead agency ; and (C) by striking subparagraph (B) and inserting the following: (B) the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives. ; (4) by redesignating subsection (f) as subsection (g); and (5) by inserting after subsection (e) the following: (f) Record of decision When an environmental impact statement is prepared, Federal agencies must, to the maximum extent practicable, issue a record of decision not later than 90 days after the date on which the final environmental impact statement is issued. . (e) Litigation, judicial review, and savings provision Section 41007 of the FAST Act ( 42 U.S.C. 4370m–6 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A)— (i) by striking the action and inserting the claim ; and (ii) by striking of the final record of decision or approval or denial of a permit and inserting of notice of final agency action on the authorization ; and (B) in subparagraph (B)(i), by striking the action and inserting the claim ; and (2) in subsection (e), in the matter preceding paragraph (1), by striking this section and inserting this title . (f) Reports Section 41008 of the FAST Act ( 42 U.S.C. 4370m–7 ) is amended by striking subsection (a) and inserting the following: (a) Reports to Congress (1) Executive Director annual report (A) In general Not later than April 15 of each year for 10 years beginning on the date of enactment of the Federal Permitting Reform and Jobs Act , the Executive Director shall submit to Congress a report detailing the progress accomplished under this title during the previous fiscal year. (B) Opportunity to include comments Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph (A). (2) Quarterly agency performance report The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this title, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section 41003(c). (3) Agency best practices report Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in section 41002(c)(2)(B). . (g) Funding for governance, oversight, and processing of environmental reviews and permits Section 41009 of the FAST Act ( 42 U.S.C. 4370m–8 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general For the purpose of carrying out this title, the Executive Director, in consultation with the heads of the agencies listed in section 41002(b)(2)(B) and with the guidance of the Director of the Office of Management and Budget, may, after public notice and opportunity for comment, issue regulations establishing a fee structure for sponsors of covered projects to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. ; (2) in subsection (b), by striking and 41003 and inserting through 41008 ; and (3) in subsection (d)— (A) in the subsection heading, by striking and Permitting ; and (B) by striking paragraphs (2) and (3) and inserting the following: (2) Availability Amounts in the Fund shall be available to the Executive Director, without fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this title, including the expenses of the Council, staffing of the Office of the Executive Director, and support of the role of the Council as a Federal center for permitting excellence, which may include supporting interagency detailee and rotation opportunities, advanced training, enhanced support for agency project managers, and fora for sharing information and lessons learned. (3) Transfer For the purpose of carrying out this title, the Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies and State, Tribal, and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this title, including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects. . (h) Sunset Section 41013 of the FAST Act ( 42 U.S.C. 4370m–12 ) is repealed. (i) Technical correction Section 41002(b)(2)(A)(ii) of the FAST Act ( 42 U.S.C. 4370m–1(b)(2)(A)(ii) ) is amended by striking councilmem-ber and inserting councilmember . (j) Clerical amendment The table of contents in section 1(b) of the FAST Act ( Public Law 114–94 ; 129 Stat. 1319) is amended by striking the item relating to section 41002 and inserting the following: Sec. 41002. Federal Permitting Improvement Steering Council. . | https://www.govinfo.gov/content/pkg/BILLS-117s2324is/xml/BILLS-117s2324is.xml |
117-s-2325 | II 117th CONGRESS 1st Session S. 2325 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Markey (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide grants to States to encourage the implementation and maintenance of firearms licensing requirements, and for other purposes.
1. Short title This Act may be cited as the Making America Safe and Secure Act of 2021 or the MASS Act . 2. Firearms licensing (a) In general 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 Firearms licensing 3061. Definitions (a) In general In this part— (1) the term covered license means a— (A) firearms license; or (B) firearms dealer license; (2) the term domestic violence protection order means a protection order, as defined in section 2266 of title 18, United States Code; (3) the term extreme risk protection order — (A) means a written order, issued by a State court or signed by a magistrate that, for a period not to exceed a time frame established by the State— (i) prohibits the individual named in the order from having under the custody or control of the individual, purchasing, possessing, or receiving a firearm or ammunition; and (ii) requires that any firearm or ammunition under the custody or control of the individual be removed; and (B) does not include a domestic violence protection order; (4) the term prohibited individual means an individual who is categorically ineligible to receive a covered license; (5) the term suitable means that an individual does not create a risk to public safety; and (6) the term thorough background check means a Federal and State background check, which may include a fingerprint-based background check. (b) Prohibited individuals For purposes of this part, a State— (1) shall establish standards for categorizing an individual as a prohibited individual for purposes of receiving a covered license; and (2) in establishing standards with respect to a covered license under paragraph (1), shall take into consideration whether limitations may be warranted based on— (A) criminal history; (B) whether an individual has been— (i) deemed a danger to himself or herself or other individuals by a court or authorized administrative body; or (ii) committed to a hospital or institution as a danger to himself or herself or other individuals; (C) age; (D) legal residency; (E) military dishonorable discharges; (F) whether an individual— (i) is subject to a permanent or temporary protection order; or (ii) has been convicted of a misdemeanor crime of domestic violence (as defined in section 921 of title 18, United States Code); (G) outstanding arrest warrants; (H) status as a fugitive; (I) renunciation of United States citizenship; and (J) other factors relevant to the suitability of a license holder. 3062. Grants and conditions (a) Grants authorized The Assistant Attorney General may make grants to States to implement or maintain firearms and firearms dealer licensing requirements. (b) Duration of grants A grant under subsection (a) shall be for a period of 3 fiscal years. (c) Use of funds for firearms and firearms dealer licensing (1) Activities Amounts received under a grant under subsection (a) shall be used for the implementation or maintenance of firearms and firearms dealer licensing requirements, which shall incorporate and implement the elements described in paragraph (2) of this subsection. (2) Elements The elements described in this paragraph are those providing that— (A) an individual shall have a firearms license— (i) at the time of the purchase, rental, or lease of a firearm or purchase of ammunition; and (ii) during the entire period of ownership or possession of a firearm or ammunition; (B) (i) an individual who (including the owner or operator of a business that) sells, rents, or leases a minimum number of firearms, or sells ammunition, during a calendar year shall obtain a firearms dealer license; and (ii) the State shall establish the minimum number of firearms for purposes of clause (i), which may not be higher than 10 per calendar year; (C) the chief of police or the board or officer having control of the police department of a local government, or a designee within the same department, shall function as the licensing authority; (D) for an application for issuance or renewal of a firearms license, the licensing authority shall— (i) conduct a thorough background check, which may include— (I) conducting an interview with the applicant; (II) requiring the submission of letters of reference stating that the applicant is of sound mind and character; and (III) any other requirements the State determines relevant; and (ii) make a determination of suitability; (E) a first-time firearms license applicant shall complete safety training; (F) for an application for issuance or renewal of a firearms dealer license, the licensing authority shall conduct an investigation into the criminal history of the applicant, which may include— (i) an interview with the applicant; (ii) a thorough background check; and (iii) any other requirements the State determines relevant; (G) the State shall establish appropriate application processes for covered licenses consistent with Federal, State, and local law; (H) the State shall establish standards and processes by which licensing authorities can revoke, suspend, or deny the issuance or renewal of a covered license; (I) the State shall ensure that a revocation, suspension, or denial cannot be based on race, color, ethnicity, religion, sex, sexual orientation, or gender identity; (J) the State shall establish judicial review processes by which any applicant for or holder of a covered license may, within a reasonable time period, petition to obtain judicial review of a revocation, suspension, or denial of the issuance or renewal of a covered license; (K) the State shall establish— (i) standards and a process under which a family member of an individual who the family member fears is a danger to himself, herself, or others may petition for an extreme risk protection order; and (ii) standards for the termination or extension of an order described in clause (i); (L) the State shall establish processes under which— (i) an individual whose covered license is revoked or suspended, or whose application for issuance or renewal of a covered license is denied, shall surrender or transfer all firearms and ammunition that are or would have been covered by the license; and (ii) an individual who is subject to an extreme risk protection order or domestic violence protection order shall surrender or transfer all firearms and ammunition in the possession of the individual; (M) the State shall establish requirements with which a firearms dealer licensee must comply, which— (i) shall include requirements relating to— (I) the location at which the licensee conducts firearm or ammunition transactions; (II) the manner in which the licensee records firearm or ammunition transactions; (III) background checks for employees of the licensee; and (IV) any other matter that the State determines appropriate; and (ii) may include requirements that a licensee— (I) maintain a permanent place of business— (aa) that is not a residence; and (bb) at which the licensee conducts all firearms or ammunition transactions; (II) submit to mandatory record and inventory inspections by a licensing authority; (III) maintain a sales record book at the permanent place of business described in subclause (I) in accordance with standards established by the State; (IV) conduct a pre-employment background check on each potential employee to determine the suitability of any potential employee who may have direct and unmonitored contact with a firearm or ammunition; and (V) take any other action that the State determines appropriate; (N) the State shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of information pertaining to the issuance, renewal, expiration, suspension, or revocation of a covered license; (O) the State shall establish standards that are consistent with Federal and State law— (i) governing the transfer of a firearm or ammunition; and (ii) for identifying a prohibited individual, in accordance with section 3061(b); (P) the State shall promulgate rules and regulations that require a dealer or private seller of firearms or ammunition to verify the validity of a firearms license before the sale, rental, or lease of any firearm or the sale of any ammunition; (Q) a dealer or private seller of firearms or ammunition shall report all sales, rentals, and leases of firearms, and sales of ammunition, to State authorities; (R) a dealers of firearms or ammunition shall notify the licensing authority when presented with an invalid or expired firearms license; (S) any firearms licensee whose firearm or ammunition is lost or stolen shall report the loss or theft to the licensing authority and State authorities within a reasonable time frame and in a manner established by the State; (T) an individual holding a firearms license or firearms dealer license shall renew the license on a time frame established by the State; (U) an individual may not use the firearms license of the individual to purchase a firearm or ammunition for— (i) the unlawful use of the firearm or ammunition by another individual; or (ii) the resale or other transfer of the firearm or ammunition to an unlicensed individual; and (V) (i) it shall be unlawful to store or keep a firearm in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render the firearm inoperable by any individual other than the owner or other lawfully authorized user; and (ii) for purposes of clause (i), a firearm shall not be considered to be stored or kept if carried by or under the control of the owner or other lawfully authorized user. (3) Separate ammunition dealer license permitted A State that requires a license for dealing ammunition that is separate from a license for dealing firearms shall be deemed to have satisfied the requirements under paragraph (2) relating to a firearms dealer license, as that license relates to the dealing of ammunition, if the State imposes the same requirements for an ammunition dealer license as are mandated under paragraph (2) for a firearms dealer license, as that license relates to the dealing of ammunition. (d) Application To be eligible to receive a grant under subsection (a), a State shall submit to the Assistant Attorney General an application at such time, in such manner, and containing such information as the Assistant Attorney General may require, including a description of how the State will use the grant to implement or maintain firearms and firearms dealer licensing requirements that include the elements described in subsection (c)(2). (e) Annual report Each State receiving a grant under subsection (a) shall submit to the Assistant Attorney General, for each fiscal year during which the State expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains— (1) a summary of the activities carried out using amounts made available under the grant; (2) an assessment of whether the activities are achieving the elements described in subsection (c)(2); and (3) such other information as the Assistant Attorney General may require. (f) Limitations on the allocation of funds Not more than 2 percent of the amount made available to carry out this section in any fiscal year may be used by the Assistant Attorney General for salaries and administrative expenses. (g) Reallocation of appropriations A recipient of a grant under subsection (a) shall return to the Assistant Attorney General any amounts received under the grant that are not expended for a purpose described in this section. . (b) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated such sums as may be necessary to carry out part PP. . | https://www.govinfo.gov/content/pkg/BILLS-117s2325is/xml/BILLS-117s2325is.xml |
117-s-2326 | II 117th CONGRESS 1st Session S. 2326 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Luján (for himself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Child Protection and Family Violence Prevention Act to reauthorize programs under that Act, and for other purposes.
1. Short title This Act may be cited as the Native American Child Protection Act of 2021 . 2. Indian Child Protection and Family Violence Prevention Act Amendments (a) Definitions Section 403 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3202 ) is amended— (1) by striking paragraph (3) and inserting the following: (3) child abuse includes any case in which— (A) (i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, or soft tissue swelling; and (ii) the applicable condition under clause (i) is not justifiably explained or may not be the product of an accidental occurrence; or (B) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; ; (2) by striking paragraph (10) and inserting the following: (10) Indian tribe , Indian Tribe , tribal organization , and Tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; (3) in paragraph (17), by striking and at the end; (4) in paragraph (18), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following: (19) urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). . (b) Indian child abuse treatment grant program Section 409 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3208 ) is amended— (1) in subsection (a)— (A) by striking The Secretary of Health and Human Services, acting through the Service and and inserting The Service, ; (B) by striking intertribal and inserting inter-tribal ; and (C) by striking sexual abuse and inserting abuse or child neglect ; (2) by striking subsections (b) and (c) and inserting the following: (b) Grant applications (1) In general Any Indian Tribe or inter-tribal consortium, including an Indian Tribe or inter-tribal consortium in partnership with an urban Indian organization, may submit to the Service an application for a grant under subsection (a). (2) Requirements An application submitted under paragraph (1) shall— (A) be in such form as the Service may prescribe; (B) be submitted to the Service on or before a date designated by the Service; and (C) specify— (i) the nature of the program proposed by the applicant; (ii) the data and information on which the program is based; (iii) the extent to which the program plans to use or incorporate existing services available on a reservation; and (iv) the specific treatment concepts to be used under the program. (c) Culturally appropriate treatment In awarding grants under subsection (a), the Service shall encourage the use of culturally appropriate treatment services and programs that respond to the unique cultural values, customs, and traditions of the applicant Indian Tribes. ; (3) in subsection (d)— (A) by striking such Secretary each place it appears and inserting the Service ; (B) by striking , and each place it appears and inserting ; and ; (C) in paragraph (1), in the matter preceding subparagraph (A), by striking Secretary of Health and Human Services and inserting Service ; and (D) in paragraph (2), by striking the Secretary and inserting the Service ; and (4) by striking subsection (e) and inserting the following: (e) Report (1) In general Not later than 2 years after the date of enactment of the Native American Child Protection Act of 2021 , the Service shall submit to Congress a report on grants awarded under subsection (a). (2) Requirements The report required under paragraph (1) shall include— (A) a description of treatment and services for which recipients of grants awarded under this section have used the grant funds; and (B) any other information that the Service may require. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2027. . (c) National Indian Child Resource and Family Services Center Section 410 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3209 ) is amended— (1) in the section heading— (A) by inserting National before Indian ; and (B) by striking Centers and inserting Center ; (2) by striking subsections (a) and (b) and inserting the following: (a) Establishment Not later than 1 year after the date of enactment of the Native American Child Protection Act of 2021 , the Secretary shall establish a center, to be known as the National Indian Child Resource and Family Services Center (referred to in this section as the Center ). ; (3) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (4) in subsection (b) (as so redesignated), by striking Each Center and all that follows through multidisciplinary team and inserting The Center shall be staffed by a team ; (5) in subsection (c) (as so redesignated)— (A) in the matter preceding paragraph (1), by striking Each Center established under subsection (a) and inserting The Center ; (B) in paragraph (1), by striking and inter-tribal consortia upon request and inserting inter-tribal consortia, and urban Indian organizations on request ; (C) in paragraph (2), by striking Indian tribes, tribal organizations, the Bureau and the Service and inserting Indian Tribes, Tribal organizations, urban Indian organizations, the Bureau, and the Service ; (D) in paragraph (3)— (i) by inserting and technical assistance after training materials ; and (ii) by striking and to tribal organizations and inserting , Tribal organizations, and urban Indian organizations ; (E) in paragraph (4)— (i) by inserting , State, after Federal ; and (ii) by inserting and personnel of urban Indian organizations after tribal personnel ; and (F) by striking paragraph (5) and inserting the following: (5) develop model intergovernmental agreements between Indian Tribes and States and other materials that provide examples of how Federal, State, and Tribal governments can develop effective relationships and provide for maximum cooperation in the furtherance of the prevention, investigation, treatment, and prosecution of incidents of family violence, child abuse, and child neglect involving Indian children and Indian families. ; and (6) in subsection (d) (as so redesignated)— (A) in the subsection heading, by striking Multidisciplinary ; (B) in the matter preceding paragraph (1), by striking Each multidisciplinary and all that follows through personnel and inserting The team required under subsection (b) shall include personnel ; and (C) in paragraphs (1) through (3), by striking the comma each place it appears and inserting a semicolon; and (7) by striking subsections (f) through (h) and inserting the following: (e) Center advisory board (1) In general The Secretary shall establish an advisory board to advise and assist the Center in carrying out the activities of the Center under this section (referred to in this subsection as the advisory board ). (2) Membership (A) In general The advisory board shall consist of 12 members appointed by the Secretary from Indian Tribes, Tribal organizations, and urban Indian organizations. (B) Requirement Each member of the advisory board shall have expertise in child abuse or child neglect. (C) No compensation A member of the advisory board shall serve without compensation, but may be reimbursed for travel and other expenses while carrying out the duties of the advisory board. (3) Duties The advisory board shall assist the Center with— (A) coordinating programs of the Center; (B) identifying training and technical assistance materials that may be of use to the Center; and (C) developing intergovernmental agreements relating to family violence, child abuse, and child neglect. (f) Application of Indian Self-Determination and Education Assistance Act to the Center (1) In general The Center shall be subject to title I of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 et seq. ). (2) Operation of Center The Secretary may enter into a contract under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) for the operation of the Center with a nonprofit Indian organization governed by an Indian-controlled board of directors that has substantial experience in child abuse, child neglect, and family violence involving Indian children and Indian families. (g) Report Not later than 2 years after the date of enactment of the Native American Child Protection Act of 2021 , the Secretary, acting through the Director of the Bureau, shall submit to Congress a report on the status of the Center. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2027. . (d) Indian child protection and family violence prevention program Section 411 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3210 ) is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking child abuse and child neglect, and inserting child abuse, child neglect, or both; ; (ii) in subparagraph (B), by striking , and at the end and inserting a semicolon; and (iii) by inserting after subparagraph (C) the following: (D) the development of agreements between Indian Tribes, States, or private agencies for the coordination of child abuse and child neglect prevention, investigation, and treatment services; (E) child protective services operational costs, including transportation, risk and protective factors assessments, family engagement and kinship navigator services, and relative searches, criminal background checks for prospective placements, and home studies; and (F) the development of a Tribal child protection or multidisciplinary team to assist in the prevention and investigation of child abuse and child neglect; ; (B) in paragraph (2)— (i) in subparagraph (A), by striking the comma at the end and inserting in culturally appropriate ways; ; (ii) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and (iii) in subparagraph (C), by inserting , which may include culturally appropriate programs, after training programs ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) by inserting and child neglect after child abuse ; and (II) by striking the comma at the end and inserting a semicolon; and (ii) in subparagraph (B)— (I) by striking cases, to the extent practicable, and inserting cases and child neglect cases ; and (II) by striking , and at the end and inserting ; and ; (D) in paragraph (5)— (i) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (ii) in subparagraph (B), by striking , or at the end and inserting ; or ; and (iii) in subparagraph (C)— (I) by striking preschool and inserting preschools ; and (II) by striking college or university (within the meaning of section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978) and inserting colleges and universities (as defined in section 2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801(a) )) ; and (E) in paragraph (7)— (i) in the matter preceding subparagraph (A), by inserting that show promise of successfully preventing and treating cases of family violence, child abuse, and child neglect before as the Secretary ; (ii) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (iii) in subparagraph (B), by striking , or at the end and inserting ; or ; and (iv) by striking the comma at the end of subparagraph (C) and all that follows through neglect. in the undesignated matter following that subparagraph and inserting a period; (2) by striking subsections (g) and (i); (3) by redesignating subsections (f) and (h) as subsections (e) and (g), respectively; (4) in subsection (e) (as so redesignated)— (A) in paragraph (1), by striking (1) The Secretary and inserting the following: (1) In general The Secretary ; (B) by striking paragraph (2) and inserting the following: (2) Caseload standards; staffing requirements (A) In general In the development of regulations for base support funding for the programs described in paragraph (1), the Secretary, in consultation with Indian Tribes, shall develop, not later than 1 year after the date of enactment of the Native American Child Protection Act of 2021 , appropriate caseload standards and staffing requirements. (B) Staffing requirements Each level of funding assistance shall correspond to the staffing requirements established by the Secretary under subparagraph (A). ; (C) in paragraph (3)— (i) by striking (3) Factors to be and all that follows through limited to— in the matter preceding subparagraph (A) and inserting the following: (3) Factors In the development of the base support funding formula under paragraph (1), the Secretary shall take into consideration factors including— ; (ii) by indenting subparagraphs (A) through (D) appropriately; and (iii) in subparagraph (D), by striking sexual abuse and inserting abuse and child neglect, high incidence of family violence, ; (D) by striking paragraph (4) and inserting the following: (4) Requirement The formula established pursuant to this subsection shall provide funding necessary to support not less than 1 child protective services or family violence caseworker, including fringe benefits and support costs, for each Indian Tribe. ; and (E) in paragraph (5)— (i) by striking (5) In any and inserting the following: (5) Insufficient funding In any ; and (ii) by striking tribes and inserting Indian Tribes ; (5) by inserting after subsection (e) (as so redesignated) the following: (f) Report (1) In general Not later than 2 years after the date of enactment of the Native American Child Protection Act of 2021 , the Secretary, acting through the Bureau, shall submit to Congress a report on the use of funds provided pursuant to this section. (2) Requirements The report required under paragraph (1) shall include— (A) a description of the treatments and services for which recipients of the grants have used the funds; and (B) any other information that the Secretary, acting through the Bureau, may require. ; and (6) by adding at the end the following: (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2022 through 2027. . (e) Technical and conforming amendments (1) Section 404(c)(2)(A) of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3203(c)(2)(A) ) is amended by striking abuse described in section 503(3) and inserting child abuse . (2) Section 407(c) of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3206(c) ) is amended— (A) by striking advise and inserting advice ; and (B) by striking a multidisciplinary team established pursuant to section 410 and inserting the team described in section 410(b) . | https://www.govinfo.gov/content/pkg/BILLS-117s2326is/xml/BILLS-117s2326is.xml |
117-s-2327 | II 117th CONGRESS 1st Session S. 2327 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Cassidy (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for a Medicare part D modernization redesign and to establish a monthly out-of-pocket cost sharing maximum for enrollees who incur a significant portion of costs towards the annual out-of-pocket threshold under Medicare part D.
1. Short title This Act may be cited as the Seniors Prescription Drug Relief Act . 2. Medicare part D modernization redesign (a) Benefit structure redesign Section 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by inserting for a year preceding 2024 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2024 and each subsequent year after paragraph (3) ; (B) in subparagraph (C)— (i) in clause (i), in the matter preceding subclause (I), by inserting for a year preceding 2024, after paragraph (4), ; and (ii) in clause (ii)(III), by striking and each subsequent year and inserting , 2021, 2022, and 2023 ; and (C) in subparagraph (D)— (i) in clause (i)— (I) in the matter preceding subclause (I), by inserting for a year preceding 2024, after paragraph (4), ; and (II) in subclause (I)(bb), by striking a year after 2018 and inserting each of years 2018 through 2023 ; and (ii) in clause (ii)(V), by striking 2019 and each subsequent year and inserting each of years 2019 through 2023 ; (2) in paragraph (3)(A)— (A) in the matter preceding clause (i), by inserting for a year preceding 2024, after and (4), ; and (B) in clause (ii), by striking for a subsequent year and inserting for each of years 2007 through 2023 ; (3) in paragraph (4)— (A) in subparagraph (A)— (i) in clause (i)— (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking is equal to the greater of— and inserting “is equal to— (I) for a year preceding 2024, the greater of— ; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ; and ; and (IV) by adding at the end the following: (II) for 2024 and each succeeding year, $0. ; and (ii) in clause (ii)— (I) by striking clause (i)(I) and inserting clause (i)(I)(aa) ; and (II) by adding at the end the following new sentence: The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2023 for purposes of section 1860D–14(a)(1)(D)(iii). ; (B) in subparagraph (B)— (i) in clause (i)— (I) in subclause (V), by striking or at the end; (II) in subclause (VI)— (aa) by striking for a subsequent year and inserting for 2021, 2022, and 2023 ; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: (VII) for 2024, is equal to $3,100; or (VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ; and (ii) in clause (ii), by striking clause (i)(II) and inserting clause (i) ; (C) in subparagraph (C)(i), by striking and for amounts and inserting and for a year preceding 2024 for amounts ; and (D) in subparagraph (E), by striking In applying and inserting For each of 2011 through 2023, in applying . (b) Reduction in beneficiary coinsurance (1) In general Section 1860D–2(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(2)(A) ), as amended by subsection (a), is amended— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II) and moving such subclauses 2 ems to the right; (B) by striking 25 percent coinsurance .—Subject to and inserting “ Coinsurance .— (i) In general Subject to ; (C) in each of subclauses (I) and (II), as redesignated by subparagraph (A), by striking 25 percent and inserting the applicable percentage (as defined in clause (ii)) ; and (D) by adding at the end the following new clause: (ii) Applicable percentage defined For purposes of clause (i), the term applicable percentage means— (I) for a year preceding 2024, 25 percent; and (II) for 2024 and each subsequent year, 20 percent. . (2) Conforming amendment Section 1860D–14(a)(2)(D) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(2)(D) ) is amended by striking 25 percent and inserting the applicable percentage . (c) Decreasing reinsurance payment amount Section 1860D–15(b) of the Social Security Act ( 42 U.S.C. 1395w–115(b) ) is amended— (1) in paragraph (1)— (A) by striking equal to 80 percent and inserting “equal to— (A) for a year preceding 2024, 80 percent ; (B) in subparagraph (A), as added by paragraph (1), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (B) for 2024 and each subsequent year, the sum of— (i) an amount equal to the applicable percentage specified in paragraph (5)(A) of such allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B) with respect to applicable drugs (as defined in section 1860D–14B(g)(2)); and (ii) an amount equal to the applicable percentage specified in paragraph (5)(B) of allowable reinsurance costs attributable to that portion of gross prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of-pocket threshold specified in section 1860D–2(b)(4)(B) with respect to covered part D drugs that are not applicable drugs (as so defined). ; and (2) by adding at the end the following new paragraph: (5) Applicable percentage specified For purposes of paragraph (1)(B), the applicable percentage specified in this paragraph is— (A) with respect to applicable drugs (as defined in section 1860D–14B(g)(2))— (i) for 2024, 60 percent; (ii) for 2025, 40 percent; and (iii) for 2026 and each subsequent year, 20 percent; and (B) with respect to covered part D drugs that are not applicable drugs (as so defined)— (i) for 2024, 80 percent; (ii) for 2025, 60 percent; and (iii) for 2026 and each subsequent year, 40 percent. . (d) Manufacturer discount program during initial and catastrophic phases of coverage (1) In general Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D–14A ( 42 U.S.C. 1495w–114 ) the following new section: 1860D–14B. Manufacturer discount program (a) Establishment The Secretary shall establish a manufacturer discount program (in this section referred to as the program ). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than January 1, 2023, in consultation with manufacturers, and allow for comment on such model agreement. (b) Terms of agreement (1) In general (A) Agreement An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2024. (B) Provision of discounted prices at the point-of-sale The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. (2) Provision of appropriate data Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. (3) Compliance with requirements for administration of program Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). (4) Length of agreement (A) In general An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). (B) Termination (i) By the Secretary The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. (ii) By a manufacturer A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year— (I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and (II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. (iii) Effectiveness of termination Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. (iv) Notice to third party The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. (5) Effective date of agreement An agreement under this section shall take effect on a date determined appropriate by the Secretary, which may be at the start of a calendar quarter. (c) Duties described The duties described in this subsection are the following: (1) Administration of program Administering the program, including— (A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; (B) the establishment of procedures under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug; (C) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between— (i) the negotiated price of the applicable drug; and (ii) the discounted price of the applicable drug; (D) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and (E) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). (2) Monitoring compliance (A) In general The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. (B) Notification If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). (3) Collection of data from prescription drug plans and ma–pd plans The Secretary may collect appropriate data from prescription drug plans and MA–PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. (d) Administration (1) In general Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). (2) Limitation In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. (3) Contract with third parties The Secretary shall enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party— (A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; (B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; (C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and (D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. (4) Performance requirements The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. (5) Administration Chapter 35 of title 44, United States Code, shall not apply to the program under this section. (6) Funding For purposes of carrying out this section, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account, of $4,000,000 for each of fiscal years 2021 through 2024, to remain available until expended.”. (e) Enforcement (1) Audits Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. (2) Civil money penalty (A) In general The Secretary shall impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement for each such failure in an amount the Secretary determines is commensurate with the sum of— (i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and (ii) 25 percent of such amount. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (f) Clarification regarding availability of other covered part d drugs Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in). (g) Definitions In this section: (1) Applicable beneficiary The term applicable beneficiary means an individual who, on the date of dispensing a covered part D drug— (A) is enrolled in a prescription drug plan or an MA–PD plan; (B) is not enrolled in a qualified retiree prescription drug plan; and (C) has incurred costs for covered part D drugs in the year that are above the annual deductible specified in section 1860D–2(b)(1) for such year. (2) Applicable drug The term applicable drug means, with respect to an applicable beneficiary, a covered part D drug— (A) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act (including a product licensed under subsection (k) of such section 351); and (B) (i) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in; (ii) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA–PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA–PD plan that the applicable beneficiary is enrolled in; or (iii) is provided through an exception or appeal. (3) Applicable number of calendar days The term applicable number of calendar days means— (A) with respect to claims for reimbursement submitted electronically, 14 days; and (B) with respect to claims for reimbursement submitted otherwise, 30 days. (4) Discounted price (A) In general Except as provided in subparagraph (B), the term discounted price means 90 percent of the negotiated price of the applicable drug of a manufacturer. (B) Phase-in for certain drugs dispensed for subsidy eligible individuals (i) In general In the case of an applicable drug of a specified manufacturer (as defined in clause (ii)) that is dispensed for an applicable beneficiary who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)), the term discounted price means the specified LIS percent (as defined in clause (iii)) of the negotiated price of the applicable drug of the manufacturer. (ii) Specified manufacturer In this subparagraph, the term specified manufacturer means a manufacturer of an applicable drug for which, in the calendar year 2 years prior to the current plan year (referred to in this clause as the applicable period ), the total reimbursement under this title during the applicable period represented less than 1 percent of the total reimbursement under this title for all prescription drugs during such period. (iii) Specified LIS percent In this subparagraph, the term specified LIS percent means— (I) for 2024, 98 percent; (II) for 2025, 97 percent; (III) for 2026, 96 percent; (IV) for 2027, 95 percent; (V) for 2028, 94 percent; (VI) for 2029, 93 percent; (VII) for 2030, 92 percent; (VIII) for 2031, 91 percent; and (IX) for 2032 and each subsequent year, 90 percent. (C) Clarification Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. (5) Manufacturer The term manufacturer means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. (6) Negotiated price The term negotiated price has the meaning given such term in section 1860D–2(d)(1)(B), except that such negotiated price shall not include any dispensing fee for the applicable drug. (7) Qualified retiree prescription drug plan The term qualified retiree prescription drug plan has the meaning given such term in section 1860D–22(a)(2). . (2) Sunset of Medicare coverage gap discount program Section 1860D–14A of the Social Security Act ( 42 U.S.C. 1395–114a ) is amended— (A) in subsection (a), in the first sentence, by striking The Secretary and inserting Subject to subsection (h), the Secretary ; and (B) by adding at the end the following new subsection: (h) Sunset of program (1) In general The program shall not apply to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. (2) Continued application for applicable drugs dispensed prior to sunset The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2024, with respect to applicable drugs dispensed prior to such date. . (3) Inclusion of actuarial value of manufacturer discounts in bids Section 1860D–11 of the Social Security Act ( 42 U.S.C. 1395w–111 ) is amended— (A) in subsection (b)(2)(C)(iii)— (i) by striking assumptions regarding the reinsurance and inserting “assumptions regarding— (I) the reinsurance ; and (ii) by adding at the end the following: (II) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D–14B subtracted from the actuarial value to produce such bid; and ; and (B) in subsection (c)(1)(C)— (i) by striking an actuarial valuation of the reinsurance and inserting “an actuarial valuation of— (i) the reinsurance ; (ii) in clause (i), as added by clause (i) of this subparagraph, by adding and at the end; and (iii) by adding at the end the following: (ii) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D–14B; . (4) Clarification regarding exclusion of manufacturer discounts from TrOOP Section 1860D–2(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(4) ) is amended— (A) in subparagraph (C), by inserting and subject to subparagraph (F) after subparagraph (E) ; and (B) by adding at the end the following new subparagraph: (F) Clarification regarding exclusion of manufacturer discounts In applying subparagraph (A), incurred costs shall not include any manufacturer discounts provided under section 1860D–14B. . (e) Determination of allowable reinsurance costs Section 1860D–15(b) of the Social Security Act ( 42 U.S.C. 1395w–115(b) ) is amended— (1) in paragraph (2)— (A) by striking costs .—For purposes and inserting “ costs .— (A) In general Subject to subparagraph (B), for purposes ; and (B) by adding at the end the following new subparagraph: (B) Inclusion of manufacturer discounts on applicable drugs For purposes of applying subparagraph (A), the term allowable reinsurance costs shall include the portion of the negotiated price (as defined in section 1860D–14B(g)(6)) of an applicable drug (as defined in section 1860D–14B(g)(2)) that was paid by a manufacturer under the manufacturer discount program under section 1860D–14B. ; and (2) in paragraph (3)— (A) in the first sentence, by striking For purposes and inserting Subject to paragraph (2)(B), for purposes ; and (B) in the second sentence, by inserting or, in the case of an applicable drug, by a manufacturer after by the individual or under the plan . (f) Updating risk adjustment methodologies To account for part D modernization redesign Section 1860D–15(c) of the Social Security Act ( 42 U.S.C. 1395w–115(c) ) is amended by adding at the end the following new paragraph: (3) Updating risk adjustment methodologies to account for part D modernization redesign The Secretary shall update the risk adjustment methodologies used to adjust bid amounts pursuant to this subsection as appropriate to take into account changes in benefits under this part pursuant to the amendments made by section 2 of the Seniors Prescription Drug Relief Act . . (g) Conditions for coverage of drugs under this part Section 1860D–43 of the Social Security Act ( 42 U.S.C. 1395w–153 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (4) participate in the manufacturer discount program under section 1860D–14B; (5) have entered into and have in effect an agreement described in subsection (b) of such section 1860D–14B with the Secretary; and (6) have entered into and have in effect, under terms and conditions specified by the Secretary, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of such section 1860D–14B. ; (2) by striking subsection (b) and inserting the following: (b) Effective date Paragraphs (1) through (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2024, and paragraphs (4) through (6) of such subsection shall apply to covered part D drugs dispensed on or after January 1, 2024. ; and (3) in subsection (c), by striking paragraph (2) and inserting the following: (2) the Secretary determines that in the period beginning on January 1, 2011, and ending on December 31, 2011 (with respect to paragraphs (1) through (3) of subsection (a)), or the period beginning on January 1, 2024, and ending December 31, 2024 (with respect to paragraphs (4) through (6) of such subsection), there were extenuating circumstances. . (h) Conforming amendments (1) Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (A) in subsection (a)(2)(A)(i)(I), by striking , or an increase in the initial and inserting or for a year preceding 2024 an increase in the initial ; (B) in subsection (c)(1)(C)— (i) in the subparagraph heading, by striking at initial coverage limit ; and (ii) by inserting for a year preceding 2024 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2024 and each subsequent year after subsection (b)(3) for the year each place it appears; and (C) in subsection (d)(1)(A), by striking or an initial and inserting or for a year preceding 2024 an initial . (2) Section 1860D–4(a)(4)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(4)(B)(i) ) is amended by striking the initial and inserting for a year preceding 2024, the initial . (3) Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) ) is amended— (A) in paragraph (1)— (i) in subparagraph (C), by striking The continuation and inserting For a year preceding 2024, the continuation ; (ii) in subparagraph (D)(iii), by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) ; and (iii) in subparagraph (E), by striking The elimination and inserting For a year preceding 2024, the elimination ; and (B) in paragraph (2)— (i) in subparagraph (C), by striking The continuation and inserting For a year preceding 2024, the continuation ; and (ii) in subparagraph (E)— (I) by inserting for a year preceding 2024, after subsection (c) ; and (II) by striking 1860D–2(b)(4)(A)(i)(I) and inserting 1860D–2(b)(4)(A)(i)(I)(aa) . (4) Section 1860D–21(d)(7) of the Social Security Act ( 42 U.S.C. 1395w–131(d)(7) ) is amended by striking section 1860D–2(b)(B)(4)(B)(i) and inserting section 1860D–2(b)(B)(4)(C)(i) . (5) Section 1860D–22(a)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–132(a)(2)(A) ) is amended— (A) by striking the value of any discount and inserting the following: “the value of— (i) for years prior to 2024, any discount ; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (ii) for 2024 and each subsequent year, any discount provided pursuant to section 1860D–14B. . (6) Section 1860D–41(a)(6) of the Social Security Act ( 42 U.S.C. 1395w–151(a)(6) ) is amended— (A) by inserting for a year before 2024 after 1860D–2(b)(3) ; and (B) by inserting for such year before the period. (i) Effective date The amendments made by this section shall apply to plan year 2024 and subsequent plan years. 3. Monthly out-of-pocket cost sharing maximum for enrollees who incur a significant portion of costs towards annual out-of-pocket threshold (a) In general Section 1860D–2(b) of the Social Security Act ( 42 U.S.C. 1395w–102(b) ), as amended by section 2, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking and (D) and inserting , (D), and (E) ; and (B) by adding at the end the following new subparagraph: (E) Monthly out-of-pocket cost sharing maximum for enrollees who incur a significant portion of costs towards annual out-of-pocket threshold (i) Establishment of process (I) In general For plan years beginning on or after January 1, 2024, the Secretary shall, through notice and comment rulemaking, establish a process under which each PDP sponsor offering a prescription drug plan and each MA organization offering an MA–PD plan shall each plan year automatically enroll applicable enrollees in the option to have their monthly out-of-pocket cost-sharing under the plan capped and paid in monthly installments in accordance with this subparagraph (referred to in this subparagraph as the monthly out-of-pocket cost sharing maximum option ). (II) Opt out The process established under this clause shall permit an applicable enrollee, prior to the beginning of the plan year or at any point during the plan year, to opt out of enrollment in the monthly out-of-pocket cost sharing maximum option and pay any out-of-pocket cost-sharing otherwise applicable for any covered part D drug in full at the time of the dispensing of such drug (or at the time of such opt out in the case of costs incurred during such enrollment that have not yet been billed to the enrollee). (ii) Definitions (I) Applicable enrollee In this subparagraph, the term applicable enrollee means any enrollee in a prescription drug plan or an MA–PD plan, including an enrollee who is a subsidy eligible individual (as defined in paragraph (3) of section 1860D–14(a)), who incurs or is likely to incur a significant percentage of costs for covered part D drugs. (II) Significant percentage For purposes of subclause (I), the Secretary shall, in the rulemaking under clause (i), define the term significant percentage with respect to a percentage of the annual out-of-pocket threshold specified in paragraph (4)(B) but in no case shall the significant percentage be less than 50 percent or more than 100 percent of the annual out-of-pocket threshold. (iii) Determination of monthly out-of-pocket cost sharing maximum For each month in a plan year in which an applicable enrollee is enrolled in the monthly out-of-pocket cost sharing maximum option, the PDP sponsor or MA organization shall determine a monthly out-of-pocket cost sharing maximum (as defined in clause (v)) for such enrollee. (iv) Beneficiary monthly payments With respect to an applicable enrollee who is enrolled in the monthly out-of-pocket cost sharing maximum option, for each month described in clause (iii), the PDP sponsor or MA organization shall bill such enrollee an amount (not to exceed the monthly out-of-pocket cost sharing maximum) for the out-of-pocket costs of such enrollee in such month. (v) Monthly out-of-pocket cost sharing maximum defined In this subparagraph, the term monthly out-of-pocket cost sharing maximum means, with respect to an enrollee— (I) for the first month in which this subparagraph applies, an amount determined by calculating— (aa) the annual out-of-pocket threshold specified in paragraph (4)(B) minus the incurred costs of the enrollee as described in paragraph (4)(C); divided by (bb) the number of months remaining in the plan year; and (II) for a subsequent month, an amount determined by calculating— (aa) the sum of any remaining out-of-pocket costs owed by the enrollee from a previous month that have not yet been billed to the enrollee and any additional costs incurred by the enrollee; divided by (bb) the number of months remaining in the plan year. (vi) Additional requirements The following requirements shall apply with respect to the monthly out-of-pocket cost sharing maximum option under this subparagraph: (I) Secretarial responsibilities The Secretary shall provide information to part D eligible individuals on the monthly out-of-pocket cost sharing maximum option through educational materials, including through the notices provided under section 1804(a). (II) PDP sponsor and MA organization responsibilities Each PDP sponsor offering a prescription drug plan or MA organization offering an MA–PD plan— (aa) shall not limit the application of the monthly out-of-pocket cost sharing maximum option to certain covered part D drugs; (bb) shall, prior to the plan year, notify prospective enrollees of such option, including the availability of the opt out under clause (i)(II); (cc) shall include information on such option in enrollee educational materials, including the availability of the opt out under clause (i)(II); (dd) shall have in place a mechanism to notify a pharmacy during the plan year when an enrollee incurs out-of-pocket costs with respect to covered part D drugs that make it likely the enrollee is an applicable enrollee; (ee) shall provide that a pharmacy, after receiving a notification described in item (dd) with respect to an enrollee, informs the enrollee of such notification; (ff) shall ensure that the application of this subparagraph has no effect on the amount paid to pharmacies (or the timing of such payments) with respect to covered part D drugs dispensed to the enrollee; and (gg) shall have in place a financial reconciliation process to correct inaccuracies in payments made by an enrollee under this subparagraph with respect to covered part D drugs during the plan year. (III) Failure to pay amount billed under monthly out-of-pocket cost sharing maximum option If an applicable enrollee fails to pay the amount billed for a month as required under this subparagraph, the applicable enrollee's enrollment in the monthly out-of-pocket cost sharing maximum option shall be terminated and the enrollee shall pay the cost-sharing otherwise applicable for any covered part D drugs subsequently dispensed to the enrollee up to the annual out-of-pocket threshold specified in paragraph (4)(B). (IV) Clarification regarding past due amounts Nothing in this subparagraph shall be construed as prohibiting a PDP sponsor or an MA organization from billing an enrollee for an amount owed under this subparagraph. (V) Treatment of unsettled balances Any unsettled balances with respect to amounts owed under this subparagraph shall be treated as plan losses and the Secretary shall not be liable for any such balances outside of those assumed as losses estimated in plan bids. ; and (2) in paragraph (4)— (A) in subparagraph (C), by striking and subject to subparagraph (F) and inserting and subject to subparagraphs (F) and (G) ; and (B) by adding at the end the following new subparagraph: (G) Inclusion of costs paid under monthly out-of-pocket cost sharing maximum option In applying subparagraph (A), with respect to an applicable enrollee who is enrolled in the monthly out-of-pocket cost sharing maximum option described in clause (i)(I) of paragraph (2)(E), costs shall be treated as incurred if such costs are paid by a PDP sponsor or an MA organization under the process provided under such paragraph. . (b) Application to alternative prescription drug coverage Section 1860D–2(c) of the Social Security Act ( 42 U.S.C. 1395w–102(c) ) is amended by adding at the end the following new paragraph: (4) Same monthly out-of-pocket cost sharing maximum For plan years beginning on or after January 1, 2024, the monthly out-of-pocket cost sharing maximum for applicable enrollees under the process provided under subsection (b)(2)(E) shall apply to such coverage. . | https://www.govinfo.gov/content/pkg/BILLS-117s2327is/xml/BILLS-117s2327is.xml |
117-s-2328 | II 117th CONGRESS 1st Session S. 2328 IN THE SENATE OF THE UNITED STATES July 13, 2021 Ms. Duckworth (for herself, Mr. Cornyn , Mrs. Murray , Mr. Sanders , Ms. Baldwin , Mrs. Feinstein , Ms. Hirono , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To direct the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act to develop and implement a plan to provide end-to-end electronic voting services for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service.
1. Short title This Act may be cited as the Reducing Barriers for Military Voters Act . 2. Providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service (a) Plan (1) Development In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ) shall develop a plan for providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee). (2) Specifications The Presidential designee shall include in the plan developed under paragraph (1)— (A) methods to ensure that voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials; (B) methods to generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election; and (C) an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan. (3) Consultation with State and local election officials The Presidential designee shall develop the plan under paragraph (1) in consultation with appropriate State and local election officials to ensure that the plan may be implemented successfully in any State which agrees to participate in the plan. (4) Use of contractors To the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the plan developed under paragraph (1) provisions for the use of contractors to carry out any of the elements of the plan. (5) Submission Not later than 1 year after the date of the enactment of this Act, the Presidential designee shall submit the plan developed under paragraph (1) to the Committees on Armed Services of the House of Representatives and Senate. (b) Implementation The Presidential designee shall implement the plan developed under subsection (a)— (1) for a trial group of voters in participating States for elections for Federal office held in 2024; and (2) for all such voters in participating States for elections for Federal office held in 2026 and any succeeding year. | https://www.govinfo.gov/content/pkg/BILLS-117s2328is/xml/BILLS-117s2328is.xml |
117-s-2329 | II 117th CONGRESS 1st Session S. 2329 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Rubio (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To ensure that only licensed health care professionals furnish disability examinations under a certain Department of Veterans Affairs pilot program for use of contract physicians for disability examinations, and for other purposes.
1. Short title This Act may be cited as the Better Examiner Standards and Transparency for Veterans Act of 2021 or the BEST for Vets Act of 2021 . 2. Ensuring only licensed health care professionals furnish medical disability examinations under certain Department of Veterans Affairs pilot program for use contract physicians for disability examinations (a) Prohibition on use of certain health care professionals Section 504(a) of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) is amended— (1) by striking The Secretary of Veterans Affairs and inserting the following: (1) In general The Secretary of Veterans Affairs ; and (2) by adding at the end the following new paragraph: (2) Prohibition No examination described in paragraph (1) may be carried out under this section by any health care professional other than one described in subsection (c)(2). . (b) Remedies The Secretary of Veterans Affairs shall take such actions as the Secretary considers appropriate to ensure that only health care professionals described in subsection (c)(2) of section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) are conducting examinations pursuant to contracts entered into under such section. (c) Annual report Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on— (1) the conduct of the pilot program established under section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note); and (2) the actions of the Secretary under subsection (b). (d) Technical corrections Section 504 of the Veterans' Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note) is amended, in the section heading, by striking physicians and inserting health care professionals . | https://www.govinfo.gov/content/pkg/BILLS-117s2329is/xml/BILLS-117s2329is.xml |
117-s-2330 | II 117th CONGRESS 1st Session S. 2330 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Grassley (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Rural Electrification Act of 1936 to clarify certain matters relating to State funding, and for other purposes.
1. Short title This Act may be cited as the Assisting Broadband Connectivity Act of 2021 . 2. State funding under Rural Utilities Service programs (a) Eligibility of projects that receive State funding Title VII of the Rural Electrification Act of 1936 ( 7 U.S.C. 950cc et seq. ) is amended by adding at the end the following: 704. Eligibility of projects that receive State funding In administering any broadband or telecommunications program, the Secretary, acting through the Administrator of the Rural Utilities Service, shall not determine that a project is ineligible for funding because the project has received funding from a State. . (b) State funds To satisfy matching requirements For purposes of any matching funds requirement under any program administered by the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service, an applicant for funding under that program may use funds received from a State program (including funds received by a State from the Federal Government) to satisfy the matching funds requirement. | https://www.govinfo.gov/content/pkg/BILLS-117s2330is/xml/BILLS-117s2330is.xml |
117-s-2331 | II 117th CONGRESS 1st Session S. 2331 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Cruz (for himself, Mr. Cotton , Mrs. Blackburn , Mr. Barrasso , Mr. Hawley , Mr. Graham , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To temporarily suspend the admissibility of certain persons traveling from countries that currently have a moderate or higher level COVID–19 transmission.
1. Short titles This Act may be cited as the Securing the Homeland from International Entrants with Life-threatening Diseases Act or the SHIELD Act . 2. Findings Congress finds the following: (1) On March 20, 2020, the Centers for Disease Control and Prevention issued an order (referred to in this section as the title 42 expulsion order ) pursuant to sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265 and 268), which authorizes the Surgeon General to prohibit the introduction of certain persons into the United States from countries where an outbreak of a communicable disease, such as the deadly COVID–19 pandemic, exists when necessary to protect the public health from such disease. (2) The title 42 expulsion order was extended on April 20, 2020, and later amended on May 19, 2020, to further extend the duration of such expulsions, subject to monthly review. (3) In 2020, U.S. Border Patrol made 382,374 title 42 expulsions to protect the United States from further introduction of COVID–19. (4) In January 2021, the Biden administration, acting swiftly and aggressively to combat coronavirus disease 2019 , issued proclamations suspending entry into the United States of travelers from the United Kingdom, the Republic of Ireland, and many other countries. (5) As of June 14, 2021, Mexico, Honduras, and Guatemala each had sufficiently high new incidents of COVID–19 to receive a COVID–19 Risk Assessment Level 3 (high) rating by the Centers for Disease Control and Prevention, which is the same level of COVID–19 risk as many of the countries from which entry is suspended to travelers under the Biden administration proclamations, including the United Kingdom, the Republic of Ireland, and other countries. (6) Staggering numbers of migrants are flooding across the international border between the United States and Mexico, resulting in a humanitarian, public safety, and national security crisis. During the first 5 months of 2021, U.S. Border Patrol had more than 687,854 encounters with undocumented migrants at the Southwest border, with undocumented migrants from Mexico and the Northern Triangle countries accounting for 569,298 of those encounters, or roughly 83 percent of the total. During April 2021, U.S. Border Patrol encountered more aliens along the Southwest border than during any other month since 2001. (7) News outlets have reported that the Biden administration will shortly end the necessary and effective title 42 expulsion policy. (8) As countries continue to pose a high risk of transmission of COVID–19, the Biden administration should continue to exercise the expulsion authority granted under section 362 of the Public Health Service Act ( 42 U.S.C. 265 ) to prevent further spread of the disease . 3. Defined term In this Act, the term covered person — (1) except as provided in paragraph (2), means any person traveling to the United States from Canada or Mexico (regardless of the country of origin of such person)— (A) who would be introduced into a congregate setting in a land or coastal port of entry or U.S. Border Patrol station at or near the United States border with Canada or with Mexico; and (B) (i) whose country of origin— (I) is not categorized by the Centers for Disease Control and Prevention as COVID–19 Risk Assessment Level 1 (low); or (II) does not have COVID–19 vaccination rates that are substantially similar to or higher than such rates in the United States; or (ii) who, at any time during the previous 30 days, was present in a country that— (I) is not categorized by the Centers for Disease Control and Prevention as COVID–19 Risk Assessment Level 1 (low); or (II) does not have COVID–19 vaccination rates that are substantially similar to or higher than such rates in the United States; and (2) does not include— (A) United States citizens; (B) United States lawful permanent residents; (C) any spouse or child of a person described in subparagraph (A) or (B); (D) members of the United States Armed Forces and associated personnel, including any spouse or child of such member or personnel; (E) persons from a foreign country who— (i) arrive at a designated port of entry; and (ii) (I) hold valid travel documents; or (II) are not otherwise subject to travel restrictions under the visa waiver program; and (F) persons whom the Secretary of Homeland Security (or designee) determines, based on an individualized assessment that considers the totality of the circumstances, including significant law enforcement, officer and public safety, humanitarian, and public health interests, should be excluded from the definition of covered person under this Act. 4. Temporary suspension of admissibility of covered persons During the 1-year period beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall— (1) suspend the admission and parole of all covered persons into the United States; (2) minimize the time covered persons spend in a congregate setting, to the extent practicable; and (3) transport, or arrange for the transportation of, all covered persons from the United States to— (A) the country from which such covered persons entered the United States; (B) the country of origin of such covered persons; or (C) another foreign location, to the extent practicable. | https://www.govinfo.gov/content/pkg/BILLS-117s2331is/xml/BILLS-117s2331is.xml |
117-s-2332 | II 117th CONGRESS 1st Session S. 2332 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Booker (for himself, Ms. Warren , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Farm System Reform Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Animal feeding operations Sec. 101. Definitions. Sec. 102. Moratorium on large concentrated animal feeding operations. Sec. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations. Sec. 104. Integrator responsibilities and liabilities. TITLE II—Amendments to Packers and Stockyards Act, 1921 Sec. 201. Definitions. Sec. 202. Unlawful practices. Sec. 203. Spot market purchases of livestock by packers. Sec. 204. Investigation of live poultry dealers. Sec. 205. Award of attorney fees. Sec. 206. Technical amendments. TITLE III—Labeling of meat and dairy products Sec. 301. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 302. Truth in labeling for meat and meat food products. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. I Animal feeding operations 101. Definitions In this title: (1) Agronomic requirement (A) In general The term agronomic requirement means the quantity of nutrient necessary to achieve a reasonable yield goal for a crop, as determined based on land grant university fertility rates, soil testing for available nutrients, manure analysis, and other planned nutrient applications. (B) Exclusions Planned nutrient applications under subparagraph (A) do not include nutrient indices, risk indices, or other methods that allow land application of manure in excess of crop need. (2) Animal feeding operation; AFO (A) In general The term animal feeding operation or AFO means a lot or facility at which— (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Aggregation Two or more lots or facilities described in subparagraph (A) shall constitute a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion The term animal feeding operation or AFO does not include a stockyard (as that term is defined in section 302(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 202(a) )). (3) Large concentrated animal feeding operation; large CAFO The term large concentrated animal feeding operation or large CAFO means an AFO at which are present not less than— (A) 700 mature dairy cows, milked or dry; (B) 1,000 veal calves; (C) 1,000 cattle (including heifers, steers, bulls, cows, and calves) other than mature dairy cows or veal calves; (D) 2,500 swine, each weighing not less than 55 pounds; (E) 10,000 swine, each weighing not more than 55 pounds; (F) 500 horses; (G) 10,000 sheep or lambs; (H) 55,000 turkeys; (I) in the case of an AFO that uses a liquid manure handling system— (i) 30,000 laying hens or broilers; or (ii) 5,000 ducks; or (J) in the case of an AFO that uses a system other than a liquid manure handling system— (i) 125,000 chickens (other than laying hens); (ii) 82,000 laying hens; or (iii) 30,000 ducks. (4) Contract grower The term contract grower means an owner of an AFO that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement with an integrator. (5) Integrator The term integrator means an individual or entity that contracts with a contract grower under a growout contract, marketing arrangement, or other arrangement under which the contract grower raises and cares for livestock or poultry at an AFO in accordance with the instructions of the integrator for the purpose of slaughtering the livestock or poultry or selling the livestock or poultry for slaughter, if the livestock or poultry is sold or shipped in commerce (as described in section 2(b) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 183 )). (6) Manure The term manure means— (A) the fecal and urinary excretions of livestock and poultry; and (B) litter, bedding, compost and raw materials, process wastewater, and other materials commingled with the excretions described in subparagraph (A) or set aside for disposal after such commingling. 102. Moratorium on large concentrated animal feeding operations (a) In general No large CAFO may commence or expand operations on or after the date of enactment of this Act. (b) Cessation of operations No large CAFO may continue to operate as a large CAFO after January 1, 2040. (c) Penalties Any person that violates subsection (a) or (b) may be assessed a civil penalty of up to $10,000 per violation, per day, in addition to any other applicable statutory civil penalty or monetary damages assessed pursuant to any State common law judgment. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations (a) Definition of eligible entity (1) In general In this section, the term eligible entity means an owner of an AFO. (2) Exclusion In this section, the term eligible entity does not include an owner of an AFO that is an integrator. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a program to provide grants to eligible entities to permanently transition from operating an AFO to carrying out other activities on the property on which the AFO is located. (c) Payments Under the program established under subsection (b), the Secretary shall provide grants to eligible entities— (1) to partially or fully pay off any outstanding debt of the eligible entity that was incurred to construct and operate the AFO; and (2) to cover costs relating to the transition of the property on which the AFO is located to be used for alternative agriculture activities, such as raising pasture-based livestock, growing specialty crops, or organic commodity production. (d) Requirement As a condition of receiving a grant under this section, an eligible entity shall provide to the Secretary a working lands easement on the property on which the AFO is located that prohibits— (1) the operation of the AFO and any associated waste management system on the easement area; and (2) the use of the easement area for a spray field or land application of manure at rates exceeding crop agronomic requirements for nitrogen and phosphorus. (e) Funding (1) In general On the first October 1 after the date of enactment of this Act, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $10,000,000,000, to remain available until expended. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. 104. Integrator responsibilities and liabilities (a) Responsibilities and liabilities (1) In general An integrator that exercises substantial operational control of an AFO, as described in subsection (b), shall be responsible and liable for, with respect to the operation of the AFO— (A) the disposal of dead animals; (B) the disposal of manure, excrement, and other waste; (C) the discharge or release of any air pollutant, including greenhouse gases, from any source located on or activity occurring at the AFO, including enteric processes, manure, and animal feed; (D) the discharge of any pollutant to groundwater or any surface water body, including the production area, manure storage, manure land application area (crop field), tile drain, and agricultural stormwater runoff of the AFO; (E) any harm suffered by the contract grower of the AFO or a third party from any activity described in subparagraphs (A) through (D), or from any other on-property or off-property contamination, including following an extreme weather event; and (F) any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the AFO due to the operation of the AFO. (2) Duties not transferable The responsibilities and liabilities of an integrator under this subsection shall be nondelegable and nontransferable to any third party, including any contract grower. (b) Substantial operational control An integrator exercises substantial operational control of an AFO if the integrator— (1) holds an ownership interest in the livestock or poultry, land, or other capital of the AFO; (2) through a growout contract, marketing arrangement, or other arrangement, or through direct supervision of, or on-site participation in, activities at the AFO, controls— (A) the activity of persons working at the AFO; (B) the operation, management, or waste management practices of the AFO; or (C) the manner in which livestock or poultry at the AFO are grown, fed, watered, ventilated, heated, cooled, or medicated; (3) supplies feed, pharmaceuticals, or other inputs to the AFO; or (4) requires a capital investment from the contract grower of the AFO for erecting or expanding facilities at the AFO. (c) Civil actions (1) In general Any person may— (A) bring a civil action against an integrator in an appropriate court to redress any violation of this section or any other law relating to the activities described in this section; and (B) obtain appropriate relief in a civil action under subparagraph (A). (2) Attorney's fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (3) No preemption Nothing in this subsection preempts, alters, displaces, abridges, or supplants any claim or remedy available under any State or Federal law, including common law, that provides a remedy for civil relief. (d) AFO discharges Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (t) AFO discharges The Administrator shall require that all persons exercising substantial operational control (as described in section 104(b) of the Farm System Reform Act of 2021 ) over an animal feeding operation (as defined in section 101 of that Act) jointly obtain a permit under this section for a discharge from the animal feeding operation. . II Amendments to Packers and Stockyards Act, 1921 201. Definitions Section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ), is amended— (1) in paragraph (8), by striking for slaughter and all that follows through of such poultry and inserting under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person ; (2) in paragraph (9), by striking and cares for live poultry for delivery, in accord with another's instructions, for slaughter and inserting or cares for live poultry in accordance with the instructions of another person ; (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)— (A) by striking for the purpose of either slaughtering it or selling it for slaughter by another ; and (B) by striking ; and at the end and inserting a period; and (5) by adding at the end the following: (15) Formula price (A) In general The term formula price means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date that is after the date on which the forward price is established. (B) Exclusion The term formula price does not include— (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract The term forward contract means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for— (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time. . 202. Unlawful practices (a) In general Section 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ), is amended— (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through It shall be in the matter preceding paragraph (1) (as so redesignated) and inserting the following: 202. Unlawful acts (a) In general It shall be ; (3) in subsection (a)— (A) in the matter preceding paragraph (1) (as so redesignated), by striking to: and inserting to do any of the following: ; (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ; or each place it appears and inserting a period; (C) in paragraph (6) (as so redesignated)— (i) by striking (1) and inserting (A) ; (ii) by striking (2) and inserting (B) ; and (iii) by striking (3) and inserting (C) ; (D) by inserting after paragraph (6) the following: (7) Use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. (8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to— (A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (i) own, feed, or control the livestock; and (ii) provide the livestock to the cooperative for slaughter; (C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a )) information on the price and quantity of livestock purchased by the packer; or (D) a packer that owns only 1 livestock processing plant. (9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action. ; and (E) in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) and inserting paragraphs (1) through (9) ; and (4) by adding at the end the following: (b) Unfair, discriminatory, and deceptive practices and devices Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: (1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including— (A) feed conversion rates by house, lot, or pen; (B) feed analysis; (C) breeder history; (D) quality grade; (E) yield grade; and (F) delivery volume for any certified branding program (such as programs for angus beef or certified grassfed or Berkshire pork). (2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right— (A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys' fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (c) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: (A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action— (i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and (ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. (B) Use of the tournament system for poultry as described in paragraph (3). (2) Lawful communication described A lawful communication referred to in paragraph (1)(A)(ii) includes— (A) a communication with officials of a Federal agency or Members of Congress; (B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and (C) any other communication that assists in carrying out the purposes of this Act. (3) Use of tournament system for poultry (A) In general Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. (B) Exception Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. (C) Inputs and services described The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group— (i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; (ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; (iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; (iv) the quality of and access to medications for the birds of each poultry grower; (v) the number of birds in a flock delivered to each poultry grower; (vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; (vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; (viii) condemnations of parts of birds due to actions in processing for each poultry grower; (ix) condemnations of whole birds due to the fault of the poultry grower; (x) the death loss of birds due to the fault of the poultry grower; (xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); (xii) the type and classification of each poultry grower; and (xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. (d) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ) (as designated by subsection (a)(2)), shall take effect on the date of enactment of this Act. (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ) (as designated by subsection (a)(2)), that paragraph shall take effect— (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. 203. Spot market purchases of livestock by packers The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192 ) the following: 202A. Spot market purchases of livestock by packers (a) Definitions In this section: (1) Covered packer (A) In general The term covered packer means a packer that is required under subtitle B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635 et seq. ) to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. (B) Exclusion The term covered packer does not include a packer that owns only 1 livestock processing plant. (2) Nonaffiliated producer The term nonaffiliated producer means a producer of livestock— (A) that sells livestock to a packer; (B) that has less than 1 percent equity interest in the packer; (C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; (D) that has no fiduciary responsibility to the packer; and (E) in which the packer has no equity interest. (3) Spot market sale (A) In general The term spot market sale means a purchase and sale of livestock by a packer from a producer— (i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; (ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and (iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. (B) Reasonable competitive bidding opportunity For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if— (i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and (ii) no circumstance, custom, or practice exists that— (I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and (II) precludes the producer from soliciting or receiving bids from other packers. (b) General rule Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. (c) Applicable percentages (1) In general Except as provided in paragraph (2), the applicable percentage shall be 50 percent. (2) Exceptions In the case of a covered packer that reported to the Secretary in the 2020 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of— (A) the difference between the percentage of committed procurement so reported and 100 percent; and (B) (i) during each of calendar years 2022 and 2023, 20 percent; (ii) during each of calendar years 2024 and 2025, 30 percent; and (iii) during calendar year 2026 and each calendar year thereafter, 50 percent. (d) Nonpreemption This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. . 204. Investigation of live poultry dealers (a) Administrative enforcement authority over live poultry dealers Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 , 194, 195), are amended by inserting , live poultry dealer, after packer each place it appears. (b) Authority To request temporary injunction or restraining order Section 408(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228a(a) ), is amended by inserting or poultry care after on account of poultry . (c) Violations by live poultry dealers Section 411 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228b–2 ), is amended— (1) in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of ; and (2) in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 and inserting any provision . 205. Award of attorney fees Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 ), is amended by adding at the end the following: (i) Attorney's fee The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section. . 206. Technical amendments (a) Section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 ), is amended— (1) in subsection (a), in the first sentence— (A) by striking he shall cause and inserting the Secretary shall cause ; and (B) by striking his charges and inserting the charges ; (2) in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings and inserting the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary ; and (3) in subsection (c), by striking he and inserting the Secretary . (b) Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 ), is amended— (1) in subsection (a), by striking he has his and inserting the packer, live poultry dealer, or swine contractor has the ; (2) in subsection (c), by striking his officers, directors, agents, and employees and inserting the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer ; (3) in subsection (f), in the second sentence— (A) by striking his findings and inserting the findings of the Secretary ; and (B) by striking he and inserting the Secretary ; and (4) in subsection (g), by striking his officers, directors, agents, and employees and inserting the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer . III Labeling of meat and dairy products 301. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 ) is amended— (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef means meat produced from cattle (including veal). ; (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A)— (i) in clause (i), by striking lamb and inserting beef, lamb, pork, ; (ii) in clause (ii), by striking ground lamb and inserting ground beef, ground lamb, ground pork, ; (iii) in clause (x), by striking and at the end; (iv) in clause (xi), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (xii) dairy products. ; and (B) in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) after subparagraph (A) ; (4) by inserting after paragraph (2) (as so redesignated) the following: (3) Dairy product The term dairy product means— (A) fluid milk; (B) cheese, including cottage cheese and cream cheese; (C) yogurt; (D) ice cream; (E) butter; and (F) any other dairy product. ; and (5) by inserting after paragraph (7) (as so redesignated) the following: (8) Pork The term pork means meat produced from hogs. . (b) Notice of country of origin Section 282(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a) ) is amended by adding at the end the following: (5) Designation of country of origin for dairy products (A) In general A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as— (i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and (ii) each country in which the covered commodity was processed. (B) State, region, locality of the United States With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin. . 302. Truth in labeling for meat and meat food products Section 7 of the Federal Meat Inspection Act ( 21 U.S.C. 607 ) is amended by adding at the end the following: (g) Product of the United States The label of a meat or meat food product may bear the phrase Product of U.S.A. , or any substantially similar word or phrase, only if the meat or meat food product is exclusively derived from 1 or more animals exclusively born, raised, and slaughtered in the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s2332is/xml/BILLS-117s2332is.xml |
117-s-2333 | II 117th CONGRESS 1st Session S. 2333 IN THE SENATE OF THE UNITED STATES July 13, 2021 Ms. Cantwell (for herself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend chapter 2205 of title 36, United States Code, to ensure equal treatment of athletes, and for other purposes.
1. Short title This Act may be cited as the Equal Pay for Team USA Act of 2021 . 2. Equal treatment of athletes (a) Modification of purposes of United States Olympic Committee Section 220503 of title 36, United States Code, is amended— (1) in paragraph (15), by striking ; and and inserting a semicolon; (2) in paragraph (16), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (17) with respect to a sport for which separate programs for female and male athletes are conducted on a national basis, to ensure that female and male athletes who represent the United States in international amateur athletic competitions receive equal and nondiscriminatory compensation, wages, benefits, medical care, travel arrangements, and payment or reimbursement for expenses. . (b) Duty of national governing bodies Section 220524(a) of title 36, United States Code, is amended— (1) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and (2) by inserting after paragraph (6) the following: (7) with respect to a sport for which separate programs for female and male athletes are conducted on a national basis, provide to female and male athletes representing the United States in international amateur athletic competitions equal and nondiscriminatory compensation, wages, benefits, medical care, travel arrangements, and payment or reimbursement for expenses; . (c) Annual report on equal treatment of athletes (1) In general Subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530A. Annual report on equal treatment of athletes Not less frequently than annually, each national governing body shall submit to the corporation and Congress a report on the compliance of the national governing body with section 220524(a)(7). . (2) Conforming amendment The table of sections for subchapter II of chapter 2205 of title 36, United States Code, is amended by adding at the end the following: 220530A. Annual report on equal treatment of athletes. . (d) Implementation period and reports to Congress Not later than January 31, 2022— (1) the corporation shall— (A) attain full compliance, and ensure that each national governing body attains full compliance, with the applicable provisions of law amended by this Act; and (B) submit to Congress a report describing such compliance of the corporation and each national governing body; and (2) each national governing body shall— (A) attain full compliance with the applicable provisions of law amended by this Act; and (B) submit to Congress a report describing such compliance of the national governing body. | https://www.govinfo.gov/content/pkg/BILLS-117s2333is/xml/BILLS-117s2333is.xml |
117-s-2334 | II 117th CONGRESS 1st Session S. 2334 IN THE SENATE OF THE UNITED STATES July 13, 2021 Ms. Cortez Masto (for herself, Mr. Padilla , and Ms. Rosen ) 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 grant program to provide grants on a competitive basis to eligible entities for large-scale water recycling and reuse projects, to amend the Omnibus Public Land Management Act of 2009 to make certain modifications to the Cooperative Watershed Management Program, to provide emergency drought funding, and for other purposes.
1. Short title This Act may be cited as the Large Scale Water Recycling Project and Drought Resiliency Investment Act . 2. Large-scale water recycling project investment (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority; (B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; and (C) an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B). (2) Eligible project The term eligible project means a project described in subsection (c). (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) Program The term program means the grant program established under subsection (b). (5) Reclamation state The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 ( 43 U.S.C. 391 ; 32 Stat. 388, chapter 1093). (6) Secretary The term Secretary means the Secretary of the Interior. (b) Establishment The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning, design, and construction of large-scale water recycling and reclamation projects that provide substantial water supply and other benefits to drought-stricken regions in the Reclamation States. (c) Eligible project A project shall be eligible for a grant under the program if the project— (1) reclaims and reuses— (A) municipal, industrial, domestic, or agricultural wastewater; or (B) impaired groundwater or surface water; (2) has a total estimated cost of $500,000,000 or more; (3) is located in a Reclamation State; (4) is constructed, operated, and maintained by an eligible entity; and (5) provides a Federal benefit in accordance with the reclamation laws. (d) Project evaluation The Secretary may provide a grant to an eligible entity for an eligible project under the program if— (1) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project— (A) is technically and financially feasible; (B) provides a Federal benefit in accordance with the reclamation laws; and (C) is consistent with applicable Federal and State laws; (2) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary; (3) the eligible entity is financially solvent, as determined by the Secretary; and (4) not later than 30 days after the date on which the Secretary concurs with the determinations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations. (e) Priority In funding eligible projects under the program, the Secretary shall give funding priority for eligible projects that meet 1 or more of the following criteria: (1) The eligible project provides multiple benefits, including— (A) water supply reliability benefits for drought-stricken States and communities; (B) fish and wildlife benefits; and (C) water quality improvements. (2) The eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by Federal and State agencies, including through measurable reductions in water diversions from imperiled ecosystems. (3) The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin. (4) The eligible project is regional in nature. (5) The eligible project is collaboratively developed or supported by multiple stakeholders. (f) Federal assistance (1) Federal cost share Except as provided in paragraph (2), the Federal share of the cost of any eligible project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project. (2) Increased federal cost share for eligible projects with additional measurable benefits The Secretary may increase the Federal share of the cost of an eligible project under paragraph (1) to not more that 75 percent of the total costs of the eligible project, if the eligible project advances at least a proportionate share of nonreimbursable benefits authorized under the reclamation laws, including fish and wildlife benefits provided through measurable reductions in water diversions from imperiled ecosystems. (3) Total cap The Secretary shall not impose a total dollar cap on Federal contributions that applies to all individual eligible projects provided a grant under the program. (4) Nonreimbursable funds Funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable. (5) Funding eligibility An eligible project shall not be considered ineligible for assistance under this section because the eligible project has received assistance authorized under— (A) the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. ); (B) section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) for eligible desalination projects; or (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (g) Environmental laws In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (h) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of this section, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities. (i) Congressional approval (1) In general Not later than 60 days before the date on which a grant is provided for an eligible project under this section, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, in writing, of the proposed grant. (2) Requirements A notification under paragraph (1) shall include— (A) an evaluation and justification for the eligible project; and (B) a description of the amount of the proposed grant award. (3) Congressional disapproval The Secretary shall not make a grant or any other obligation or commitment to fund an eligible project under this section that exceeds $100,000,000, if, by not later than the end of the 60-day period described in paragraph (1), a joint resolution is enacted disapproving the funding for the eligible project. (j) Reports (1) Annual report At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been provided under this section during the fiscal year. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section. (B) Report Not later than 1 year after the date of the initial award of grants under the program, the Comptroller General of the United States 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 describes— (i) the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and (ii) the justification and criteria used for the selection of each eligible project, if applicable. (k) Treatment of conveyance The Secretary shall consider the planning, design, and construction of a conveyance system for an eligible project to be eligible for grant funding under the program. (l) Authorization of appropriations There is authorized to be appropriated to carry out this section $750,000,000 for the period of fiscal years 2023 through 2027. 3. Drought resiliency (a) Cooperative watershed management program (1) Definitions Section 6001(7) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1015(7) ) is amended— (A) in subparagraph (D), by striking or at the end; (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: (E) provides for the conduct of emergency drought planning; or . (2) Funding procedure Section 6002(c)(2)(A) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1015a(c)(2)(A) ) is amended by inserting or emergency drought plan after restoration plan each place it appears. (b) Emergency drought funding (1) Financial assistance (A) In general Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2201 et seq. ) for eligible water projects to assist Western States and Tribal governments to address drought-related impacts to water supplies or any other immediate water-related crisis or conflict, including through voluntary, temporary, and compensated programs to reduce water demands for the purpose of increasing water available in a system or reducing water supply-demand imbalances. (B) Additional availability Financial assistance may be made available under this paragraph to organizations and entities that are— (i) engaged in collaborative processes to restore the environment; or (ii) part of a basin-wide solution for restoration. (C) Types of assistance Assistance under subparagraph (A) may include a range of projects, including— (i) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (ii) the installation of drought-relief groundwater wells for Indian Tribes and in wildlife refuges and other environmentally sensitive areas requiring emergency surface water flow augmentation; (iii) the acquisition or assistance in the acquisition of water from willing sellers, including on a voluntary, temporary, and compensated basis, to enhance stream flow for the benefit of fish and wildlife (including endangered species), water quality, river ecosystem restoration, and other beneficial purposes; (iv) agricultural and urban conservation and efficiency projects; (v) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (vi) emergency pumping projects for critical health and safety purposes; (vii) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; and (viii) activities that protect, restore, or enhance fish and wildlife habitat or otherwise improve environmental conditions, including water quantity or quality concerns and improved fish passage. (D) Authorization of appropriations There is authorized to be appropriated to provide financial assistance under this paragraph not more than $50,000,000 for the period of fiscal years 2022 through 2026, of which not more than $20,000,000 shall be made available during that period for the conduct of actions authorized under title I of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2211 et seq. ) to benefit imperiled fish and wildlife. (2) Applicable period of drought program Section 104 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214 ) is amended by striking subsection (a) and inserting the following: (a) In general The programs and authorities established under this title shall become operative in any Reclamation State and in the State of Hawaii only— (1) after the Governor or Governors of the affected State or States, or the governing body of an affected Indian Tribe with respect to a reservation, has made a request for temporary drought assistance and the Secretary has determined that the temporary assistance is merited; (2) after a drought emergency has been declared by the Governor or Governors of the affected State or States; or (3) on approval of a drought contingency plan as provided in title II. . (3) Reauthorization Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) is amended by striking 2021 and inserting 2031 . | https://www.govinfo.gov/content/pkg/BILLS-117s2334is/xml/BILLS-117s2334is.xml |
117-s-2335 | II 117th CONGRESS 1st Session S. 2335 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Kennedy 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 narrow the scope of the limitation on liability provided under section 230 of that Act, and for other purposes.
1. Short title This Act may be cited as the Don’t Push My Buttons Act . 2. Limitation on immunity Section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ) is amended by adding at the end the following: (3) Exception (A) In general Notwithstanding any other provision of this subsection, and subject to subparagraph (B) of this paragraph, the protection provided under paragraph (1) or (2) shall not apply with respect to a provider of an interactive computer service that— (i) collects information regarding the habits, preferences, or beliefs of a user of the service; and (ii) uses an automated function to deliver content to the user described in clause (i) that corresponds with the habits, preferences, or beliefs identified as a result of the action taken under that clause with respect to that user. (B) Applicability Subparagraph (A) shall not apply to a situation in which— (i) a user of an interactive computer service uses an automated function to deliver content to that user; or (ii) subject to subparagraph (C), a user of an interactive computer service knowingly and intentionally elects to receive the content described in subparagraph (A)(ii). (C) Burden of proof A provider of an interactive computer service shall have the burden of proving by clear and convincing evidence under subparagraph (B)(ii) that a user of the interactive computer service knowingly and intentionally elected to receive the content described in subparagraph (A)(ii). . | https://www.govinfo.gov/content/pkg/BILLS-117s2335is/xml/BILLS-117s2335is.xml |
117-s-2336 | II 117th CONGRESS 1st Session S. 2336 IN THE SENATE OF THE UNITED STATES July 13, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide emergency assistance for disaster response and recovery, and other expenses directly related to Hurricanes Laura, Delta, and Zeta, and flooding in calendar year 2021 in Louisiana.
1. Short title This Act may be cited as the Gulf Coast Hurricane Aid Act of 2021 . 2. Emergency assistance through the Social Services Block Grant (a) Supplemental appropriation In addition to amounts otherwise appropriated, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for the Social Services Block Grant established under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ) $110,000,000, to remain available through September 30, 2024, for disaster response and recovery, and other expenses directly related to Hurricanes Laura, Delta, and Zeta, and flooding in calendar year 2021 in Louisiana. (b) Rules for distribution of funds (1) In general The funds appropriated by subsection (a) for the Social Services Block Grant are in addition to the entitlement grants authorized by subsection (a)(1) of section 2002 of the Social Security Act ( 42 U.S.C. 1397a ) and, notwithstanding section 2002 of such Act, the distribution of the funds appropriated by subsection (a) for the Social Services Block Grant shall be limited to States directly affected by the hurricanes and flooding described in subsection (a). The Secretary of Health and Human Services shall distribute such funds to such States based on demonstrated need in accordance with objective criteria that are made available to the public. (2) Limitations The funds appropriated by subsection (a) for the Social Services Block Grant shall not be— (A) available for making entitlement grants authorized by subsection (a)(1) of section 2002 of the Social Security Act ( 42 U.S.C. 1397a ) to any State; or (B) treated as a payment made under such section 2002 for purposes of section 2004 of the Social Security Act ( 42 U.S.C. 1397c ). (c) Use of funds In addition to other uses of funds permitted under the Social Services Block Grant established under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ), the funds appropriated by subsection (a) for the Social Services Block Grant may be used for health services (including mental health services), and for costs of renovating, repairing, or rebuilding health care facilities, child care facilities, or other social services facilities. (d) Nonapplication of certain provisions The following provisions shall not apply to the funds appropriated by subsection (a) for the Social Services Block Grant: (1) Section 2003 of the Social Security Act ( 42 U.S.C. 1397b ). (2) Paragraphs (1) and (4) of 2005(a) of such Act ( 42 U.S.C. 1397d ). (e) Deadline for distribution of funds Within 45 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall distribute the funds made available by subsection (a), which shall be made available to States directly affected by the hurricanes and flooding described in subsection (a) on an emergency basis for immediate obligation and expenditure. 3. Emergency assistance through the Community Development Block Grant In addition to amounts otherwise appropriated, out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated to the Community Development Fund , for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas in States for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 ( 42 U.S.C. 5170 et seq. ) related to Hurricane Laura, Delta, or Zeta, and for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas in Louisiana for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 ( 42 U.S.C. 5170 et seq. ) related to flooding in calendar year 2021, $3,000,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). 4. Paygo/emergency designation language (a) Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. (b) Emergency designation (1) In general The amounts provided under this Act, or an amendment made by this Act, are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (2) Designation in senate In the Senate, this Act, and the amendments made by this Act, is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s2336is/xml/BILLS-117s2336is.xml |
117-s-2337 | II 117th CONGRESS 1st Session S. 2337 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Paul (for himself, Mr. Braun , Mr. Cotton , Mr. Marshall , Mr. Wicker , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the imposition of mask mandates on public transportation.
1. Short title This Act may be cited as the Travel Mask Mandate Repeal Act of 2021 . 2. Prohibition on certain mask mandates (a) In general Notwithstanding any other provision of law, no Federal agency shall impose any Federal requirement related to COVID–19 that an individual wear a face mask when utilizing any conveyance (as defined in section 70.1 of title 42, Code of Federal Regulations, or any successor regulation) or transportation hub. (b) Limitation on existing orders Effective on the date of enactment of this Act, the order issued on January 29, 2021, by the Centers for Disease Control and Prevention under section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) establishing a requirement for persons to wear masks while on conveyances and at transportation hubs, as well as any other related order, directive, and emergency amendment of the Transportation Security Administration (including those described in EA 1546–21–01A, SD 1542–21–01A, SD 1544–21–02A, SD 1582–84–21–01A, EA 1546–21–01, SD 1542–21–01, SD 1544–21–02, and SD 1582/84–21–01) shall have no force or effect. | https://www.govinfo.gov/content/pkg/BILLS-117s2337is/xml/BILLS-117s2337is.xml |
117-s-2338 | II 117th CONGRESS 1st Session S. 2338 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve fairness in political speech, and for other purposes.
1. Short title This Act may be cited as the Preserving Political Speech Online Act . 2. Fairness in political advertising (a) In general Not later than 120 days after the date of enactment of this section, the Commission shall initiate a rulemaking proceeding in accordance with section 553 of title 5, United States Code, to require any online platform or third party advertiser that displays, hosts, or otherwise allows the advertisement of a legally qualified candidate in an election for Federal office to abide by the following rules of fair access and equal opportunity: (1) Any online platform or third party advertiser who permits a legally qualified candidate in an election for Federal office to display or otherwise post an advertisement on such online platform or through such third party advertiser shall afford equal advertisement opportunities to any other legally qualified candidate for such office in such election. (2) Any online platform or third party advertiser shall charge comparable rates to each legally qualified candidate for any advertising service described in paragraph (1). (3) Any online platform or third party advertiser shall have no power of censorship over the content of any advertisement described in this subsection. (b) Transparency requirement An online platform shall maintain, and make available online for public inspection in a machine readable format, a complete record of any purchase of an advertising service by a legally qualified candidate on such online platform within 24 hours of such purchase. (c) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) or (b) or a rule promulgated thereunder 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) ). (2) Powers of the Commission (A) In general The 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 section. (B) Privileges and immunities Any person who violates subsection (a) or (b) or a rule promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (d) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Election The term election has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (3) Federal office The term Federal office has the meaning given that term in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). (4) Legally qualified candidate The term legally qualified candidate has the meaning given that term for purposes of section 315 of the Communications Act of 1934 ( 47 U.S.C. 315 ). (5) Online platform The term online platform means any public-facing website, web application, or digital application, including a social network, video streaming service, advertisement network, or search engine. (6) Third party advertiser The term third party advertiser means any advertisement agency, company, or website developer that distributes or serves advertisements on an affiliated or unaffiliated online platform. 3. Application of Federal Communications Commission equal opportunity requirements to additional licensees Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 344. Application of equal opportunity principles to licensees that serve political advertising through other means Not later than 180 days after the date of enactment of this section, the Commission shall initiate a rulemaking to apply the principles of equal opportunity under sections 312(a)(7) and 315 to any licensee that— (1) displays, hosts, or otherwise allows the advertisement of a legally qualified candidate for any public office; and (2) is not already subject to those principles under this Act or under a regulation promulgated by the Commission. . 4. Protection for Good Samaritan blocking and screening of offensive material Section 230(c)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(2) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) in clause (i), as so redesignated— (A) by striking filthy, ; and (B) by striking harassing, or otherwise objectionable, whether or not such material is constitutionally protected and inserting harassing or threatening, or promoting illegal activity ; (3) in clause (ii), as so redesignated, by striking paragraph (1) and inserting clause (i) ; (4) in the matter preceding clause (i), as so redesignated, by striking No provider or user and inserting the following: (A) In general No provider or user ; and (5) by adding at the end the following: (B) Prohibition of bad faith blocking and screening (i) In general For purposes of subparagraph (A)(i), it shall not be considered good faith for a provider of an interactive computer service to block, censor, or screen material on the grounds of race, color, religion, sex, national origin, or political affiliation or speech. (ii) Exception Clause (i) shall not apply to a provider of an interactive computer service that operates services dedicated to a specific set of issues, policies, beliefs, or viewpoints. . | https://www.govinfo.gov/content/pkg/BILLS-117s2338is/xml/BILLS-117s2338is.xml |
117-s-2339 | II 117th CONGRESS 1st Session S. 2339 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mrs. Fischer (for herself, Ms. Klobuchar , Mr. Grassley , Ms. Duckworth , Mr. Thune , Ms. Smith , Ms. Ernst , Ms. Baldwin , Mr. Rounds , Mr. Durbin , Mr. Moran , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act with respect to the ethanol waiver for Reid vapor pressure limitations under such Act.
1. Short title This Act may be cited as the Consumer and Fuel Retailer Choice Act . 2. Ethanol waiver (a) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) ) is amended— (1) in paragraph (4)— (A) in the matter preceding subparagraph (A), by inserting or more after 10 percent ; and (B) in subparagraph (C), by striking additional alcohol or ; and (2) in paragraph (5)(A), by inserting or more after 10 percent . (b) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) ) is amended— (1) by striking The Administrator, upon and inserting the following: (A) The Administrator, upon ; and (2) by adding at the end the following: (B) A fuel or fuel additive that has been granted a waiver under subparagraph (A) prior to January 1, 2017, and meets all of the conditions of that waiver, other than the waiver’s limits for Reid Vapor Pressure, may be introduced into commerce if the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements. . | https://www.govinfo.gov/content/pkg/BILLS-117s2339is/xml/BILLS-117s2339is.xml |
117-s-2340 | II 117th CONGRESS 1st Session S. 2340 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Menendez (for himself, Mr. Booker , Mr. Graham , Mr. Durbin , Mr. Kennedy , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve the safety and security of the Federal judiciary.
1. Short title This Act may be cited as the Daniel Anderl Judicial Security and Privacy Act of 2021 . 2. Purpose; rules of construction (a) Purpose The purpose of this Act is to improve the safety and security of Federal judges, including senior, recalled, or retired Federal judges, and their immediate family, to ensure Federal judges are able to administer justice fairly without fear of personal reprisal from individuals affected by the decisions they make in the course of carrying out their public duties. (b) Rules of construction (1) In general Nothing in this Act shall be construed— (A) to prohibit, restrain, or limit— (i) the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual or their immediate family; or (ii) the reporting on an at-risk individual or their immediate family regarding matters of public concern; (B) to impair access to decisions and opinions from a Federal judge in the course of carrying out their public functions; or (C) to limit the publication or transfer of personally identifiable information that the at-risk individual or their immediate family member voluntarily publishes on the internet after the date of enactment of this Act. (2) Protection of personally identifiable information This Act shall be broadly construed to favor the protection of the personally identifiable information of at-risk individuals and their immediate family. 3. Findings Congress finds the following: (1) Members of the Federal judiciary perform the important function of interpreting our Constitution and administering justice in a fair and impartial manner. (2) In recent years, partially as a result of the rise in the use of social media and online access to information, members of the Federal judiciary have been exposed to an increased number of personal threats in connection to their role. The ease of access to free or inexpensive sources of personally identifiable information has considerably lowered the effort required for malicious actors to discover where individuals live, where they spend leisure hours, and to find information about their family members. Such threats have included calling a judge a traitor with references to mass shootings and serial killings, calling for an angry mob to gather outside a judge’s home and, in reference to a United States courts of appeals judge, stating how easy it would be to get them. (3) Between 2015 and 2019, threats and other inappropriate communications against Federal judges and other judiciary personnel increased from 926 in 2015 to approximately 4,449 in 2019. (4) Over the past decade, several members of the Federal judiciary have experienced acts of violence against themselves or a family member in connection to their Federal judiciary role, including the murder of the family of United States District Judge for the Northern District of Illinois Joan Lefkow in 2005. (5) On Sunday July 19, 2020, an assailant went to the home of Esther Salas, a judge for the United States District Court for the District of New Jersey, impersonating a package delivery driver, opening fire upon arrival, and killing Daniel Anderl, the 20-year-old only son of Judge Salas, and seriously wounding Mark Anderl, her husband. (6) In the aftermath of the recent tragedy that occurred to Judge Salas and in response to the continuous rise of threats against members of the Federal judiciary, there is an immediate need for enhanced security procedures and increased availability of tools to protect Federal judges and their families. 4. Definitions In this Act: (1) At-risk individual The term at-risk individual means— (A) a Federal judge; or (B) a senior, recalled, or retired Federal judge (2) Data broker (A) In general The term data broker means a business or commercial entity when it is engaged in collecting, assembling, or maintaining personal information concerning an individual who is not a customer, client, or an employee of that entity in order to sell the information or otherwise profit from providing third party access to the information. (B) Exclusion The following activities conducted by a business or commercial entity, and the collection and sale or licensing of personally identifiable information incidental to conducting these activities do not qualify the entity as a data broker: (i) Engaging in reporting, newsgathering, speaking, or other activities intended to inform the public on matters of public interest or public concern. (ii) 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. (iii) Utilizing personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred. (iv) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes. (v) A consumer reporting agency to the extent that it is covered by the Federal Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ). (vi) A financial institution to the extent that it is covered by the Gramm-Leach-Bliley Act ( Public Law 106–102 ) and implementing regulations. (vii) An entity to the extent that it is covered by the Health Insurance Portability and Accountability Act ( Public Law 104–191 ). (3) Federal judge The term Federal judge means— (A) a justice or judge of the United States, as those terms are defined in section 451 of title 28, United States Code; (B) a bankruptcy judge appointed under section 152 of title 28, United States Code; (C) a United States magistrate judge appointed under section 631 of title 28, United States Code; (D) a judge confirmed by the United States Senate and empowered by statute in any commonwealth, territory, or possession to perform the duties of a Federal judge; and (E) a judge of the United States Court of Federal Claims appointed under section 171 of title 28, United States Code. (4) Government agency The term Government agency means any department enumerated in section 1 of title 5 of the United States Code, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest. The term includes all such institutions, offices, and any other bodies politic and corporate of the United States Government created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by Executive order of the President or any constitutional officer, by the Supreme Court of the United States, or by resolution of the United States Congress. (5) Immediate family The term immediate family means a spouse, child, parent, or any other familial relative of an at-risk individual whose permanent residence is the same as the at-risk individual. (6) Personally identifiable information The term personally identifiable information means— (A) a home address, including primary residence or secondary residences; (B) a home or personal mobile telephone number, or the direct telephone number of a Government-issued cell phone or private extension in the chambers of an at-risk individual; (C) a personal email address; (D) the social security number, driver’s license number, or home address displayed on voter registration information; (E) a bank account or credit or debit card information; (F) home or other address displayed on property tax records or held by a Federal, State, or local government agency of an at-risk individual, including a secondary residence and any investment property at which an at-risk individual resides for part of a year; (G) license plate number or home address displayed on vehicle registration information; (H) identification of children of an at-risk individual under the age of 18; (I) full date of birth; (J) a photograph of any vehicle that legibly displays the license plate or a photograph of a residence that legibly displays the residence address; (K) the name and address of a school or day care facility attended by immediate family; or (L) the name and address of an employer of immediate family. (7) Social media The term social media means any online electronic medium, a live-chat system, or an electronic dating service— (A) that primarily serves as a medium for users to interact with content generated by other third-party users of the medium; (B) that enables users to create accounts or profiles specific to the medium or to import profiles from another medium; and (C) that enables one or more users to generate content that can be viewed by other third-party users of the medium. (8) Transfer The term transfer means to sell, license, trade, or exchange for consideration the personally identifiable information of an at-risk individual or immediate family. 5. Protecting personally identifiable information in public records (a) Government agencies (1) In general Each at-risk individual may— (A) file written notice of the status of the individual as an at-risk individual, for themselves and immediate family, to each Government agency; and (B) ask each Government agency described in subparagraph (A) to mark as private their personally identifiable information and that of their immediate family. (2) No public posting Government agencies shall not publicly post or display publicly available content that includes personally identifiable information of an at-risk individual or immediate family. Government agencies, upon receipt of a written request in accordance with subsection (a)(1)(A) of this section, shall remove the personally identifiable information of the at-risk individual or immediate family from publicly available content within 72 hours. (3) Exceptions Nothing in this section shall prohibit a Government agency from providing access to records containing judges’ personally identifiable information to a third party if the third party possesses a signed release from the judge or a court order, the entity is already subject to the requirements of title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ), or the third party executes a confidentiality agreement with the Government agency. (b) State and local governments (1) Grant program to prevent disclosure of personal information of at-risk individuals or immediate family (A) Authorization The Attorney General shall make grants to prevent the release of personally identifiable information of at-risk individuals and immediate family (in this subsection referred to as judges’ personally identifiable information ) to the detriment of such individuals or their families to an entity that— (i) is— (I) a State or unit of local government (as such terms are defined in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 )); or (II) an agency of a State or unit of local government; and (ii) operates a State or local database or registry that contains personally identifiable information. (B) Application An eligible entity seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to provide grants to entities described in paragraph (1) to create or expand programs designed to protect judges’ personally identifiable information, including through— (A) the creation of programs to redact or remove judges’ personally identifiable information, upon the request of an at-risk individual, from public records in state agencies; these efforts may include but are not limited to hiring a third party to redact or remove judges’ personally identifiable information from public records; (B) the expansion of existing programs that the State may have enacted in an effort to protect judges’ personally identifiable information; (C) the development or improvement of protocols, procedures, and policies to prevent the release of judges’ personally identifiable information; (D) the defrayment of costs of modifying or improving existing databases and registries to ensure that judges’ personally identifiable information is protected from release; and (E) the development of confidential opt out systems that will enable at-risk individuals to make a single request to keep judges’ personally identifiable information out of multiple databases or registries. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report that includes— (i) a detailed amount spent by States and local governments on protection of judges’ personally identifiable information; and (ii) where the judges’ personally identifiable information was found. (B) States and local governments States and local governments that receive funds under this section shall submit to the Comptroller General a report on data described in clauses (i) and (ii) of subparagraph (A) to be included in the report required under that subparagraph. (c) Data brokers and other businesses (1) Prohibition (A) Data brokers It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase personally identifiable information of an at-risk individual or immediate family. (B) Other businesses No person, business, or association shall publicly post or publicly display on the internet personally identifiable information of an at-risk individual or immediate family if the at-risk individual has made a written request of that person, business, or association to not disclose the personally identifiable information of the at-risk individual or immediate family. (C) Exceptions The restriction in subparagraph (B) shall not apply to— (i) the display on the internet of the personally identifiable information of an at-risk individual or immediate family if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; (ii) personally identifiable information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or (iii) personally identifiable information received from a Federal Government source (or from an employee or agent of the Federal Government). (2) Required conduct (A) In general After a person, business, or association has received a written request from an at-risk individual to protect personally identifiable information of the at-risk individual or immediate family, that person, business, or association shall— (i) remove within 72 hours the personally identifiable information from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association; and (ii) ensure that the personally identifiable information of the at-risk individual or immediate family is not made available on any website or subsidiary website controlled by that person, business, or association. (B) Transfer After receiving an at-risk individual’s written request, no person, business, or association shall transfer the personally identifiable information of the at-risk individual or immediate family to any other person, business, or association through any medium, except where the at-risk individual’s or immediate family member’s personally identifiable information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern. The restriction on transfer shall also not apply to personally identifiable information that the at-risk individual or immediate family voluntarily publishes on the internet after the date of enactment of this Act. (d) Delegation of authority (1) In general Upon written request of the at-risk individual, the Director of the Administrative Office of the United States Courts is authorized to make any notice or request required or authorized by this section on behalf of the at-risk individual. The Director may delegate this authority under section 602(d) of title 28, United States Code. Any notice or request made under this subsection shall be deemed to have been made by the at-risk individual and compliant with the notice and request requirements of this section. (2) List In lieu of individual notices or requests, the Director may provide Government agencies, State and local governments, data brokers, persons, businesses, or associations with a list of at-risk individuals and their immediate family for the purpose of maintaining compliance with this section. Such list shall be deemed to comply with individual notice and request requirements of this section. (e) Redress and penalties (1) In general An at-risk individual or immediate family member whose personally identifiable information is made public as a result of a violation of this Act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the at-risk individual’s or immediate family member’s costs and reasonable attorney’s fees. (2) Penalties and damages Upon a knowing and willful violation of any order granting injunctive or declarative relief obtained pursuant to this subsection, the court issuing such order may— (A) if the violator is a public entity, impose a fine not exceeding $4,000 and require the payment of court costs and reasonable attorney's fees; (B) if the violator is a person, business, association, or private agency, award damages to the affected at-risk individual or immediate family in an amount up to a maximum of 3 times the actual damages, but not less than $10,000, and require the payment of court costs and reasonable attorney's fees. 6. Training and education There is authorized to be appropriated to the Federal judiciary such sums as may be necessary for biannual judicial security training for active, senior, or recalled Federal judges and their immediate family, including— (1) best practices for using social media and other forms of online engagement and for maintaining online privacy; (2) home security program and maintenance; (3) understanding removal programs and requirements for personally identifiable information; (4) any other judicial security training that the United States Marshals Services and the Administrative Office of the United States Courts determines is relevant. 7. Vulnerability management capability (a) Authorization (1) Vulnerability management capability The Federal judiciary is authorized to perform all necessary functions consistent with the provisions of this Act, and to support existing threat management capabilities within the United States Marshals Service and other relevant Federal law enforcement and security agencies. Such functions may include— (A) monitor the protection of at-risk individuals and judiciary assets; (B) manage the monitoring of websites for personally identifiable information of at-risk individuals or immediate family and remove or limit the publication of such information; and (C) receive, review, and analyze complaints by at-risk individuals of threats, whether direct or indirect, and report to law enforcement partners. (2) Technical and conforming amendment Section 604(a) of title 28, United States Code is amended— (A) in paragraph (23), by striking and at the end; (B) by redesignating paragraph (24) as paragraph (25); (C) by inserting after paragraph 23 the following: (24) Establish and administer a vulnerability management program in the judicial branch; and . (b) Expansion of capabilities of office of protective intelligence There is authorized to be appropriated such sums as may be necessary to the United States Marshals Service to expand the current capabilities of the Office of Protective Intelligence of the Judicial Security Division to increase the workforce of the Office of Protective Intelligence to include additional intelligence analysts, United States deputy marshals, and any other relevant personnel to ensure that the Office of Protective Intelligence is ready and able to perform all necessary functions, consistent with the provisions of this Act, in order to anticipate and deter threats to the judiciary, including— (1) assigning personnel to State and major urban area fusion and intelligence centers for the specific purpose of identifying potential threats against the judiciary, and coordination of responses to potential threats. (2) expanding the use of investigative analysts, physical security specialists, and intelligence analysts at the 94 judicial districts and territories to enhance the management of local and distant threats and investigations; and (3) increasing the number of United States Marshal Service personnel for the protection of the judicial function and assigned to protective operations and details for the judiciary. (c) Report (1) In general Not later than one year after the date of enactment of this Act, the Department of Justice, in consultation with the Administrative Office of the United States Courts, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the security of Federal judges arising from the Federal prosecutions and civil litigation. (2) Description The report required under paragraph (1) shall describe— (A) the number and nature of threats and assaults against at-risk individuals handling prosecutions and other matters described in paragraph (1) and the reporting requirements and methods; (B) the security measures that are in place to protect the at-risk individuals handling prosecutions described in paragraph (1), including threat assessments, response procedures, availability of security systems and other devices, firearms licensing such as deputations, and other measures designed to protect the at-risk individuals and immediate family of an at-risk individual; and (C) for each requirement, measure, or policy described in subparagraphs (A) and (B), when the requirement, measure, or policy was developed and who was responsible for developing and implementing the requirement, measure, or policy. 8. 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 the application of such provision to any person or circumstance shall not be affected thereby. 9. Effective date This Act shall take effect upon the date of enactment of this Act, except for subsections (b)(1), (c), and (e) of section 5, which shall take effect on the date that is 120 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2340is/xml/BILLS-117s2340is.xml |
117-s-2341 | II 117th CONGRESS 1st Session S. 2341 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Rubio (for himself, Mr. Warner , Mr. Burr , Mr. Sasse , Mrs. Gillibrand , Mr. Heinrich , Mr. King , Mrs. Feinstein , Mr. Blunt , Ms. Collins , Mr. Wyden , Mr. Bennet , Mr. Risch , Mr. Casey , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the treatment of moving expenses to employees and new appointees in the intelligence community who move pursuant to a change in assignment that requires relocation.
1. Short title This Act may be cited as the Intelligence Community Workforce Agility Protection Act of 2021 . 2. Expansion of treatment of moving expenses (a) Purpose The purpose of this section is to facilitate the movement of members of the intelligence community to meet mission critical needs and to reduce unintended tax burdens imposed on public servants in relocating duty stations. (b) Deduction Section 217(k) of the Internal Revenue Code of 1986 is amended by inserting or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation after to whom subsection (g) applies . (c) Exclusion for qualified moving expense reimbursements Section 132(g)(2) of the Internal Revenue Code of 1986 is amended by inserting or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation after change of station . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2017. | https://www.govinfo.gov/content/pkg/BILLS-117s2341is/xml/BILLS-117s2341is.xml |
117-s-2342 | II 117th CONGRESS 1st Session S. 2342 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mrs. Gillibrand (for herself, Mr. Graham , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 9 of the United States Code with respect to arbitration of disputes involving sexual assault and sexual harassment.
1. Short title This Act may be cited as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 . 2. Predispute arbitration of disputes involving sexual assault and sexual harassment (a) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of disputes involving sexual assault and sexual harassment Sec. 401. Definitions. 402. No validity or enforceability. 401. Definitions In this chapter: (1) Predispute arbitration agreement The term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. (2) Predispute joint-action waiver The term predispute joint-action waiver means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. (3) Sexual assault dispute The term sexual assault dispute means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18 or similar applicable Tribal or State law, including when the victim lacks capacity to consent. (4) Sexual harassment dispute The term sexual harassment dispute means a dispute relating to the any of the following conduct directed at an individual or a group of individuals: (A) Unwelcome sexual advances. (B) Unwanted physical contact that is sexual in nature, including assault. (C) Unwanted sexual attention, including unwanted sexual comments and propositions for sexual activity. (D) Conditioning professional, educational, consumer, health care or long-term care benefits on sexual activity. (E) Retaliation for rejecting unwanted sexual attention. 402. No validity or enforceability (a) In general Except as provided in subsection (c), and notwithstanding any other provision of this title, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to a sexual assault dispute or a sexual harassment dispute. (b) Determination of applicability An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. (c) Exception for collective bargaining agreements Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right arising under provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. . (b) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 2, by inserting or as otherwise provided in chapter 4 before the period at the end; (B) in section 208— (i) in the section heading, by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. ; and (C) in section 307— (i) in the section heading, by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. . (2) Table of sections (A) Chapter 2 The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: 208. Application. . (B) Chapter 3 The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: 307. Application. . (3) Table of chapters The table of chapters for title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of disputes involving sexual assault and sexual harassment 401 . 3. Applicability This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2342is/xml/BILLS-117s2342is.xml |
117-s-2343 | II 117th CONGRESS 1st Session S. 2343 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Warner (for himself, Mr. Kaine , Mr. Cardin , Mr. Van Hollen , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the head of each agency to establish a safety plan relating to COVID–19 for any worksite at which employees or contractors are required to be physically present during the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Chai Suthammanont Remembrance Act of 2021 . 2. Worksite safety for Federal employees and contractors (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) Covered period The term covered period means the period beginning on the date of enactment of this Act and ending on the date on which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247 ) as a result of the COVID–19 pandemic, or any renewal thereof, terminates. (3) Covered worksite The term covered worksite means a worksite at which an employee of an agency or a contractor of an agency (or subcontractor thereof at any tier) is required to be present during the covered period. (4) Worksite The term worksite — (A) in the case of an employee of the agency— (i) means the location of the position of record of the employee where the employee regularly performs the duties of the employee; and (ii) does not include any location where the employee teleworks (as defined in section 6501 of title 5, United States Code); and (B) in the case of a contractor of the agency (or subcontractor thereof at any tier), means the location in a facility of the agency where the contractor or subcontractor performs the duties of the contractor or subcontractor under a contract with the agency, or a subcontract thereof at any tier, as applicable. (b) Issuance of policies and procedures by agencies Not later than 60 days after the date of enactment of this Act, the head of each agency, in consultation with the Chief Human Capital Officer of the agency and the Assistant Director of Administration of the agency (or any individual holding an equivalent position) shall— (1) establish, and publish on the website of the agency, a safety plan containing procedures and policies for— (A) covered worksites; and (B) being present at a covered worksite; and (2) communicate the plan established under paragraph (1) to each employee of the agency and contractor of the agency (and any subcontractor thereof at any tier) in such a manner as to ensure that each employee and contractor acknowledges receipt and understanding of the plan. (c) Plan The safety plan required under subsection (b)(1) shall include the following: (1) A description of the efforts of the agency with respect to mitigating the spread of COVID–19 at covered worksites, including the following: (A) A description of any personal protective equipment that the agency provides or will provide to any employee of the agency and contractor of the agency (and any subcontractor thereof at any tier) physically present at a covered worksite. (B) A description of any procedures established by the agency for— (i) testing employees of the agency and contractors of the agency (and any subcontractor thereof at any tier) required to be present at a covered worksite; (ii) contact-tracing at covered worksites, including procedures by which employees and contractors (and any subcontractor thereof at any tier) required to be present at a covered worksites will be notified of a potential exposure to an individual who is diagnosed with COVID–19; and (iii) administering the COVID–19 vaccine to employees of the agency. (2) Guidance on— (A) any cleaning protocols to be implemented at covered worksites; (B) occupancy limits for covered worksites; and (C) the use of appropriate face coverings by employees of the agency and contractors of the agency (and any subcontractor thereof at any tier) while physically present at a covered worksite. (3) A description of the actions that the agency is or will be taking to protect employees of the agency who conduct activities in an official capacity while not physically present at a covered worksite from exposure to COVID–19, including employees of the agency— (A) who are required to travel in an official capacity; or (B) perform audits or inspections. (4) A description of any requirements that members of the public are required to meet in order to enter a facility in which covered worksites are located. (5) A description of any alternative option to being physically present at a covered worksite that are available for employees who— (A) have a high risk of contracting COVID–19 (as determined by the Director of the Centers for Disease Control and Prevention); or (B) live in a household with individuals that have a high risk of contracting COVID–19 (as determined by the Director of the Centers for Disease Control and Prevention). (6) A description of any rule or protocol regarding whether employees of the agency required to be physically present at covered worksites are— (A) required to be fully vaccinated before being present at covered worksites; or (B) allowed to take leave— (i) to get a dose of the COVID–19 vaccine; or (ii) upon experiencing severe side-effects as a result of receiving any dose of the COVID–19 vaccine. (7) Protocols that ensure the continuity of operations, including a plan to reverse any requirement for an employee or contractor (or subcontractor thereof at any tier) to be present at a facility in which covered worksites are located if there is a surge in COVID–19 cases in the geographic area of the facility. (8) The hotline website and hotline telephone number of the inspector general of the agency for employees of the agency and contractors of the agency (and any subcontractor thereof at any tier) to report to the inspector general any instance in which the agency is not implementing the plan required under subsection (b)(1). (d) Delayed applicability for certain worksites For any worksite that the head of the agency has temporarily closed due to COVID–19, the requirements of subsection (b) shall be carried out not later than 30 days before any employee of the agency or contractor of any agency (or any subcontractor thereof at any tier) is required to be physically present at such worksite. (e) Inspectors general reports Not later than 6 months after the date of enactment of this Act, the inspector general of each agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on whether the agency— (1) has published and communicated the public safety plan required under subsection (b)(1) in accordance with that subsection; and (2) implemented the plan described in paragraph (1). (f) Application Nothing in this Act shall be construed to alter or otherwise limit the rights and obligations afforded under chapter 71 of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2343is/xml/BILLS-117s2343is.xml |
117-s-2344 | II 117th CONGRESS 1st Session S. 2344 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Kaine (for himself, Mr. Casey , Ms. Hassan , Ms. Duckworth , Mr. Reed , Mr. Wyden , Mrs. Gillibrand , 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 award grants for the creation, recruitment, training and education, retention, and advancement of the direct care workforce and to award grants to support family caregivers.
1. Short title This Act may be cited as the Supporting Our Direct Care Workforce and Family Caregivers Act . 2. Definitions In this Act: (1) Apprenticeship program The term apprenticeship program means 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. ), including any requirement, standard, or rule promulgated under such Act. (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 Tribal Colleges or Universities receiving grants under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) that offer a 2-year program for completion of such degree and State public institutions of higher education that offer such a 2-year program. (3) Direct care professional The term direct care professional — (A) means an individual who, in exchange for compensation, provides services to a person with a disability or an older individual that promotes the independence of such person or individual, including— (i) services that enhance the independence and community inclusion for such person or individual, including traveling with such person or individual or attending and assisting such person or individual while visiting friends and family, shopping, or socializing; (ii) services such as coaching and supporting such person or individual in communicating needs, achieving self-expression, pursuing personal goals, living independently, and participating actively in employment or voluntary roles in the community; (iii) services such as providing assistance with activities of daily living (such as feeding, bathing, toileting, and ambulation) and with tasks such as meal preparation, shopping, light housekeeping, and laundry; (iv) services that support such person or individual at home, work, school, or in any other community setting; or (v) services that promote health and wellness, including scheduling and taking such person or individual to health care appointments, communicating with health and allied health professionals administering medications, implementing health and behavioral health interventions and treatment plans, monitoring and recording health status and progress; and (B) may include— (i) a direct support professional supporting people with intellectual and developmental disabilities; (ii) a home and community-based services manager or direct support professional manager; (iii) a self-directed care worker; (iv) a personal care service worker; (v) a direct care worker, as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p ); or (vi) any other position or job related to the home care or direct care workforce, such as positions or jobs in respite care or palliative care, as determined by the Secretary, in consultation with the Center for Medicare & Medicaid Services and the Secretary of Labor. (4) Direct care workforce The term direct care workforce means the broad workforce of direct care professionals. (5) Family caregiver The term family caregiver has the meaning given such term in section 2 of the RAISE Family Caregivers Act ( 42 U.S.C. 3030s note; Public Law 115–119 ) and includes paid and unpaid family caregivers. (6) Eligible entity The term eligible entity means an entity— (A) that is— (i) a State; (ii) a labor organization, joint labor-management organization, or employer of direct care professionals; (iii) a nonprofit entity with experience in aging, disability, or supporting the rights and interests of, training of, or educating direct care professionals or family caregivers; (iv) an Indian Tribe, Tribal organization, or Urban Indian organization; (v) a community college or other institution of higher education; or (vi) a consortium of entities listed in any of clauses (i) through (v); (B) that agrees to include, as applicable with respect to the type of grant the entity is seeking under this Act and the activities supported through such grant, older individuals, people with disabilities, direct care professionals, and family caregivers, as advisors and trainers in such activities; and (C) that agrees to consult with the State Medicaid agency of the State (or each State) served by the grant on the grant activities, to the extent that such agency (or each such agency) is not the eligible entity. (7) Employer The terms employ and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 et seq. ). (8) Indian Tribe; Tribal organization The terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (9) Institution of higher education The term institution of higher education means— (A) an institution of higher education defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (B) an institution of higher education defined in section 102(a)(1)(B) of such Act ( 20 U.S.C. 1002(a)(1)(B) ). (10) Older individual The term older individual means an individual who is 60 years of age or older. (11) Person with a disability The term person with disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (12) Project participant The term project participant means an individual participating in a project or activity assisted with a grant under this Act, including (as applicable for the category of the grant) a direct care professional, or an individual training to be such a professional, or a family caregiver. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) Self-directed care professional The term self-directed care professional means a direct care professional who is employed by an individual who is an older individual, a person with a disability, or a representative of such older individual or person with a disability, and such older individual or person with a disability has the decision-making authority over certain supports and services provided by the direct care professional and takes direct responsibility to manage those supports and services. (15) Supportive services The term supportive services means services that are necessary to enable an individual to participate in activities assisted with a grant under this Act, such as transportation, child care, dependent care, housing, workplace accommodations, employee benefits such as paid sick leave and child care, workplace health and safety protections, wages and overtime pay, and needs-related payments. (16) Urban indian organization The term urban Indian organization has the meaning given the term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (17) Workforce innovation and opportunity act terms The terms career pathway , career planning , in-demand industry sector or occupation , individual with a barrier to employment , local board , on-the-job training , recognized postsecondary credential , region , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (18) 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 ). 3. Authority to establish a technical assistance center for building the direct care workforce (a) Program authorized The Secretary shall establish a national technical assistance center (referred to in this section as the Center ) for, in consultation with the Secretary of Labor, the Secretary of Education, the Administrator of the Centers for Medicare & Medicaid Services, and the heads of other entities as necessary— (1) supporting direct care workforce creation, training and education, recruitment, retention, and advancement; and (2) supporting family caregivers and activities of family caregivers as a critical part of the support team for older individuals or people with disabilities. (b) Advisory council The Secretary shall convene an advisory council to provide recommendations to the Center with respect to the duties of the Center under this section and may engage individuals and entities described in paragraphs (3)(B), and (12), of section 5(b) (without regard to a specific project described in such paragraphs) for service on the advisory council. (c) Activities The Center may— (1) develop recommendations for training and education curricula for direct care professionals, which such recommendations may include recommendations for curricula for higher education, postsecondary credentials, and programs with community colleges; (2) develop learning and dissemination strategies to— (A) engage States and other entities in activities supported under this Act and best practices; and (B) distribute findings from activities supported by grants under this Act; (3) develop recommendations for training and education curricula and other strategies for supporting family caregivers; (4) explore the national data gaps, workforce shortage areas, and data collection strategies for direct care professionals and make recommendations to the Director of the Office of Management and Budget for an occupation category in the Standard Occupational Classification system for direct support professionals as a healthcare support occupation; (5) recommend career development and advancement opportunities for direct care professionals, which may include occupational frameworks, national standards, recruitment campaigns, pre-apprenticeship and on-the-job training opportunities, apprenticeship programs, career ladders or pathways, specializations or certifications, or other activities; and (6) develop strategies for assisting with reporting and evaluation of grant activities under section 7. 4. Authority to award grants (a) Grants (1) In general Not later than 12 months after the date of enactment of this Act, the Secretary, in consultation with the Center for Medicare & Medicaid Services, the Secretary of Labor, and the Secretary of Education, shall award grants described in paragraph (2) to eligible entities. A grant awarded under this section may be in more than 1 category described in such paragraph. (2) Categories of grants The categories of grants described in this paragraph are each of the following: (A) Direct care professional grants Grants to eligible entities to create and carry out projects for the purposes of recruiting, retaining, or providing advancement opportunities for direct care professionals who are not described in subparagraph (B) or (C), including through education or training programs for such professionals or individuals seeking to become such professionals. (B) Direct care professional managers grants Grants to eligible entities to create and carry out projects for the purposes of recruiting, retaining, or providing advancement opportunities for direct care professionals who are managers or supervisory staff that have coaching, training, managerial, supervisory, or other oversight responsibilities, including through education or training programs for such professionals or individuals seeking to become such professionals. (C) Self-directed care professionals grants Grants to eligible entities to create and carry out projects for the purposes of recruiting, retaining, or providing advancement opportunities for self-directed care professionals, including through education or training programs for such professionals or individuals seeking to become such professionals. (D) Family caregiver grants Grants to eligible entities to create and carry out projects for providing support to paid or unpaid family caregivers through educational, training, or other resources, including resources for caregiver self-care or educational or training resources for individuals newly in a caregiving role or seeking additional support in the role of a family caregiver. (3) Projects for advancement opportunities Not less than 30 percent of projects assisted with grants under this Act shall be projects to provide career pathways that offer opportunities for professional development and advancement opportunities to direct care professionals. (b) Treatment of continuation activities An eligible entity that carries out activities described in subsection (a)(2) prior to receipt of a grant under this Act may use such grant to continue carrying out such activities, and, in using such grant to continue such activities, shall be treated as an eligible entity carrying out a project through a grant under this Act. 5. Project plans (a) In general An eligible entity seeking a grant under this Act shall submit to the Secretary a project plan for each project to be developed and carried out (or for activities to be continued as described in section 4(b)) with the grant at such time, in such manner, and containing such information as the Secretary may require. (b) Contents A project plan submitted by an eligible entity under subsection (a) shall include a description of information determined relevant by the Secretary for purposes of the category of the grant and the activities to be carried out through the grant. Such information may include (as applicable) the following: (1) Demographic information regarding the population in the State or relevant geographic area, including a description of the populations likely to need long-term care services, such as people with disabilities and older individuals. (2) Projections of unmet need for services provided by direct care professionals based on enrollment waiting lists under home and community-based waivers under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) or section 1915(c) of such Act ( 42 U.S.C. 1396n(c) ) and other relevant data to the extent practicable and feasible, such as direct care workforce vacancy rates, crude separation rates, and the number of direct care professionals, including such professionals who are managers or supervisors, in the region. (3) An advisory committee to advise the eligible entity on activities to be carried out through the grant. Such advisory committee— (A) may be comprised of entities listed in paragraph (12); and (B) shall include— (i) older individuals or persons with a disability; (ii) organizations representing the rights and interests of people receiving services by the direct care professionals or family caregivers targeted by the project; (iii) individuals who are direct care professionals or family caregivers targeted by the project and organizations representing the rights and interests of direct care professionals or family caregivers; (iv) as applicable, employers of individuals described in clause (iii) and labor organizations representing such individuals; (v) representatives of the State Medicaid agency, the State agency defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), the State developmental disabilities office, and the State mental health agency, in the State (or each State) to be served by the project; and (vi) representatives reflecting diverse racial, cultural, ethnic, geographic, socioeconomic, and gender identity and sexual orientation perspectives. (4) Current or projected job openings for, or relevant labor market information related to, the direct care professionals targeted by the project in the State or region to be served by the project, and the geographic scope of the workforce to be served by the project. (5) Specific efforts and strategies that the project will undertake to reduce barriers to recruitment, retention, or advancement of the direct care professionals targeted by the project, including an assurance that such efforts will include— (A) an assessment of the wages or other compensation or benefits necessary to recruit and retain the direct care professionals targeted by the project; (B) a description of the project’s projected compensation or benefits for the direct care professionals targeted by the project at the State or local level, including a comparison of such projected compensation or benefits to regional and national compensation or benefits and a description of how wages and benefits received by project participants will be impacted by the participation in and completion of the project; and (C) a description of the projected impact of workplace safety issues on the recruitment and retention of direct care professionals targeted by the project, including the availability of personal protective equipment. (6) In the case of a project offering an education or training program for direct care professionals, a description of such program (including how the core competencies identified by the Centers for Medicare & Medicaid Services will be incorporated, curricula, models, and standards used under the program, and any associated recognized postsecondary credentials for which the program provides preparation, as applicable), which shall include an assurance that such program will provide to each project participant in such program— (A) relevant training regarding the rights of recipients of home and community based services, including their rights to— (i) receive services in integrated settings that provide access to the broader community; (ii) exercise self-determination; (iii) be free from all forms of abuse, neglect, or exploitation; and (iv) person-centered planning and practices, including participation in planning activities; (B) relevant training to ensure that each project participant has the necessary skills to recognize abuse and understand their obligations with regard to reporting and responding to abuse appropriately in accordance with relevant Federal and State law; (C) relevant training regarding the provision of culturally competent and disability competent supports to recipients of services provided by the direct care professionals targeted by the project; (D) an apprenticeship program, work-based learning, or on-the-job training opportunities; (E) supervision or mentoring; and (F) for any on-the-job training portion of the program, a progressively increasing, clearly defined schedule of wages to be paid to each such participant that— (i) is consistent with skill gains or attainment of a recognized postsecondary credential received as a result of participation in or completion of such program; and (ii) ensures the entry wage is not less than the greater of— (I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ); or (II) the applicable wage required by other applicable Federal or State law, or a collective bargaining agreement. (7) Any other innovative models or processes the eligible entity will implement to support the retention and career advancement of the direct care professionals targeted by the project. (8) The supportive services and benefits to be provided to the project participants in order to support the employment, retention, or career advancement of the direct care professionals targeted by the project. (9) How the eligible entity will make use of career planning to support the identification of advancement opportunities and career pathways for the direct care professionals in the State or region to be served by the project. (10) How the eligible entity will collect and submit to the Secretary workforce data and outcomes of the project. (11) How the project— (A) will— (i) provide adequate and safe equipment and facilities for training and supervision, including a safe work environment free from discrimination, which may include the provision of personal protective equipment and other necessary equipment to prevent the spread of infectious disease among the direct care professionals targeted by the project and recipients of services provided by such professionals; (ii) incorporate remote training and education opportunities or technology-supported opportunities; (iii) for training and education curricula, incorporate evidenced-supported practices for adult learners and universal design for learning and ensure recipients of services provided by the direct care professionals or family caregivers targeted by the project participate in the development and implementation of such training and education curricula; (iv) use outreach, recruitment, and retention strategies designed to reach and retain a diverse workforce; (v) incorporate methods to monitor satisfaction with project activities for project participants and individuals receiving services from such participants; (vi) incorporate evidence-supported practices for family caregiver engagement; and (vii) incorporate core competencies identified by the Centers for Medicare & Medicaid Services; and (B) may incorporate continuing education programs and specialty training, with a specific focus on— (i) trauma-informed care; (ii) behavioral health, including co-occurring behavioral health conditions and intellectual or developmental disabilities; (iii) Alzheimer’s and dementia care; (iv) chronic disease management; and (v) the use of supportive or assistive technology. (12) How the eligible entity will consult on the implementation of the project, or coordinate the project with, each of the following entities, to the extent that each such entity is not the eligible entity: (A) The State Medicaid agency, State agency defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), and the State developmental disabilities office for the State (or each State) to be served by the project. (B) The local board and State board for each region, or State, to be served by the project. (C) In the case of a project that carries out an education or training program, a nonprofit organization with demonstrated experience in the development or delivery of curricula or coursework. (D) A nonprofit organization, including a labor organization, that fosters the professional development and collective engagement of the direct care professionals targeted by the project. (E) Area agencies on aging, as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). (F) Centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). (G) The State Council on Developmental Disabilities (as such term is used in subtitle B of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15021 et seq. )) for the State (or each State) to be served by the project. (H) Aging and Disability Resource Centers (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )). (I) A nonprofit State provider association that represents providers who employ the direct care professionals targeted by the project, where such associations exist. (J) An entity that employs the direct care professionals targeted by the project. (K) University Centers for Excellence in Developmental Disabilities Education, Research, and Services supported under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. ). (L) The State protection and advocacy system described in section 143 of such Act ( 42 U.S.C. 15043 ) of the State (or each State) to be served by the project. (M) Direct care professionals or direct care workforce organizations representing underserved communities, including communities of color. (13) How the eligible entity will consult throughout the project with— (A) individuals employed or working as the direct care professionals or family caregivers targeted by the project; (B) representatives of such professionals or caregivers; (C) individuals assisted by such professionals or caregivers; (D) the families of such professionals or caregivers; and (E) individuals receiving education or training to become such professionals or caregivers. (14) Outreach efforts to individuals for participation in such project, including targeted outreach efforts to— (A) individuals who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) or individuals who are eligible for such assistance; and (B) individuals with barriers to employment. (c) Considerations In selecting eligible entities to receive a grant under this Act, the Secretary shall ensure— (1) equitable geographic and demographic diversity, including by selecting recipients serving rural areas and selecting recipients serving urban areas; and (2) that selected eligible entities will serve areas where the occupation of direct care professional, or a related occupation, is an in-demand industry sector or occupation. 6. Uses of funds; supplement, not supplant (a) Uses of funds (1) In general Each eligible entity receiving a grant under this Act shall use the funds of such grant to carry out at least 1 project described in section 4(a)(2). (2) Administrative costs Each eligible entity receiving a grant under this Act shall not use more than 5 percent of the funds of such grant for costs associated with the administration of activities under this Act. (3) Direct support Each eligible entity receiving a grant under this Act shall use not less than 5 percent of the funds of such grant to provide direct financial benefits or supportive services to direct care professionals to support the financial needs of such participants during the duration of the project activities. (b) Supplement, not supplant An eligible entity receiving a grant under this Act shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the recruitment, training and education, retention, and advancement of direct care professionals or provide support for family caregivers, in the State or region served by the eligible entity. (c) Prohibition No amounts made available under this Act may be used for any activity that is subject to the reporting requirements set forth in section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) ). 7. Evaluations and reports; technical assistance (a) Reporting requirements by grant recipients (1) In general An eligible entity receiving a grant under this Act shall cooperate with the Secretary and annually provide a report to the Secretary that includes any relevant data requested by the Secretary in a manner specified by the Secretary. (2) Contents The data requested by the Secretary for an annual report may include any of the following (as determined relevant by the Secretary with respect to the category of the grant and each project supported through the grant): (A) The number of individuals and the demographics of these individuals served by each project supported by the grant, including— (i) the number of individuals recruited through each such project to be employed as a direct care professional; (ii) the number of individuals who through each such project attained employment as a direct care professional; and (iii) the number of individuals who enrolled in each such project and withdrew or were terminated from each such project without completing training or attaining employment as a direct care professional. (B) The number of family caregivers participating in an education or training program through each project supported by the grant. (C) The number of project participants who through each such project participated in and completed— (i) work-based learning; (ii) on-the-job training; (iii) an apprenticeship program; or (iv) a professional development or mentoring program. (D) (i) Other services, benefits, or supports (other than the services, benefits, or supports described in subparagraph (C)) provided through each such project to assist in the recruitment, retention, or advancement of direct care professionals (including through education or training for such professionals or individuals seeking to become such professionals); (ii) the number of individuals who accessed such services, benefits, or supports; and (iii) the impact of such services, benefits, or supports. (E) The crude separation and vacancy rates of direct care professionals, and such rates for those professionals who are managers or supervisors, in the geographic region for a number of years before the grant was awarded, as determined by the Secretary, and annually thereafter for the duration of the grant period. (F) How each project supported by the grant assessed satisfaction with respect to— (i) project participants assisted by the project; (ii) individuals receiving services delivered by project participants, including— (I) any impact on the health or health outcomes of such individuals; and (II) any impact on the ability of individuals to transition to or remain in the community in an environment that meets the criteria established in the section 441.301(c)(4) of title 42, Code of Federal Regulations (or successor regulations); and (iii) employers of such project participants. (G) The performance of the eligible entity with respect to the indicators of performance on unsubsidized employment, median earnings, credential attainment, measurable skill gains, and employer satisfaction. (H) Any other information with respect to outcomes of the project as determined by the Secretary. (b) Annual report to Congress by Secretary Not later than 2 years after the date of enactment of this Act, and each year thereafter until all projects supported through a grant under this Act are completed, the Secretary shall prepare and submit to Congress an annual report on the progress of each project supported through a grant under this Act and the activities of the technical assistance center established under section 3. (c) GAO report Not later than 1 year after the date on which all projects supported through a grant under this Act are completed, the Comptroller General of the United States shall conduct a study and submit to Congress a report including— (1) an assessment of how the technical assistance center established under section 3 and the projects supported through a grant under this Act assisted in the creation, recruitment, training and education, retention, and advancement of the direct care workforce or in providing support for family caregivers; and (2) recommendations for such legislative or administrative actions needed for improving the assistance described in paragraph (1), as the Comptroller General determines appropriate. (d) Independent evaluations Not later than 6 months after the date of enactment of this Act, the Secretary shall enter into a contract with an independent entity to provide independent evaluations of activities supported by grants under this Act and activities of the technical assistance center established under section 3. 8. Authorization of appropriations (a) In general There are authorized to be appropriated— (1) for the establishment and activities of the technical assistance center under section 3, $2,000,000 for each of fiscal years 2022 through 2026; and (2) for grants under section 4, $1,000,000,000 for fiscal year 2022. (b) Availability Amounts made available under this Act shall remain available until September 30, 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s2344is/xml/BILLS-117s2344is.xml |
117-s-2345 | II 117th CONGRESS 1st Session S. 2345 IN THE SENATE OF THE UNITED STATES July 14, 2021 Ms. Ernst introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To require the Director of the National Counterterrorism Center to submit a report on the withdrawal of United States Armed Forces from Afghanistan, and for other purposes.
1. Short title This Act may be cited as the Preventing Terrorism from Hitting America’s Streets Act . 2. National Counterterrorism Center report on withdrawal of United States Armed Forces from Afghanistan (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of the National Counterterrorism Center, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to the appropriate committees of Congress a report on the scheduled withdrawal of United States Armed Forces from Afghanistan. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the increased risk of terrorism in the United States due to the withdrawal of United States Armed Forces from Afghanistan. (2) A description of any illicit activities carried out along the southern border of the United States by— (A) non-state actors; or (B) adversarial countries, including— (i) the People’s Republic of China; (ii) the Islamic Republic of Iran; (iii) the Democratic People’s Republic of Korea; (iv) the Bolivarian Republic of Venezuela; (v) the Republic of Cuba; (vi) the Republic of the Union of Myanmar; (vii) the Syrian Arab Republic; and (viii) the Russian Federation. (3) An assessment of the potential for Afghanistan to be used as a base of operation for international terrorism after the withdrawal of United States Armed Forces. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2345is/xml/BILLS-117s2345is.xml |
117-s-2346 | II 117th CONGRESS 1st Session S. 2346 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To codify Executive Order 13950 (relating to combating race and sex stereotyping), and for other purposes.
1. Short title This Act may be cited as the Stop CRT Act . 2. Definitions In this Act: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Institution of higher education The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (3) Promote The term promote , when used with respect to a race-based theory, means— (A) to include race-based theories or materials that advocate such theories in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could reasonably give rise to the appearance of official sponsorship, approval, or endorsement; (B) to contract with, hire, or otherwise engage speakers, consultants, diversity trainers, and other persons for the purpose of advocating such theories; and (C) to compel students to profess a belief in such theories. (4) Race-based theory The term race-based theory means a theory that— (A) any race is inherently superior or inferior to any other race; (B) the United States is a fundamentally racist country; (C) the Declaration of Independence or the Constitution of the United States is a fundamentally racist document; (D) an individual's moral worth is determined by the race of the individual; (E) an individual, by virtue of the race of the individual, is inherently racist or oppressive, whether consciously or unconsciously; or (F) an individual, because of the race of the individual, bears responsibility for the actions committed by members of the race of the individual. 3. Codification of executive order Executive Order 13950 (85 Fed. Reg. 60683; relating to combating race and sex stereotyping) shall have the force and effect of law, except that the executive order shall not apply to elementary schools, secondary schools, or institutions of higher education. 4. Federal funds limitation (a) Prohibition on award of funds to certain elementary and secondary schools No Federal funds received by a State or a local educational agency may be allocated to an elementary school or secondary school that promotes race-based theories or compels teachers or students to affirm, adhere to, adopt, or profess beliefs contrary to title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (b) Prohibition on award of funds to certain institutions of higher education No Federal funds may be awarded to an institution of higher education if such institution compels teachers or students to affirm, adhere to, adopt, or profess race-based theories or beliefs contrary to title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (c) Rules of construction (1) Protected speech not restricted Nothing in this section shall be construed to restrict the speech of a student, a teacher, or any other individual outside of a school setting. (2) Access to materials for the purpose of research or independent study Nothing in this section shall be construed to prevent an individual from accessing materials that advocate race-based theories for the purpose of research or independent study. (3) Contextual education Nothing in this section shall be construed to prevent an elementary school or secondary school from stating race-based theories or assigning materials that advocate race-based theories for educational purposes in contexts that make it clear the school does not sponsor, approve, or endorse such theories or materials. | https://www.govinfo.gov/content/pkg/BILLS-117s2346is/xml/BILLS-117s2346is.xml |
117-s-2347 | II 117th CONGRESS 1st Session S. 2347 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Merkley (for himself, Mr. Padilla , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium- and heavy-duty vehicles, and for other purposes.
1. Short title This Act may be cited as the Medium- and Heavy-Duty Electric Vehicle Infrastructure Act of 2021 . 2. Fleet charging rebate program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Charging equipment ceiling amount The term charging equipment ceiling amount means, with respect to eligible equipment that is— (A) networked level 2 charging equipment, $4,000; and (B) networked direct current fast charging equipment, $100,000. (3) Covered expense The term covered expense means an expense that is associated with the purchase and installation of eligible electric vehicle supply equipment for a medium-duty electric vehicle or heavy-duty electric vehicle, including— (A) the cost of electric vehicle supply equipment hardware; (B) labor costs associated with the installation of that hardware, if wages for that labor are paid at rates not less than those prevailing on labor of a character similar in the locality of installation, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); (C) material costs associated with the installation of that hardware, including expenses involving electrical equipment and necessary upgrades or modifications to the electric grid and associated infrastructure that are required for the installation of that hardware; and (D) permit costs associated with the installation of that hardware. (4) Eligible electric vehicle supply equipment The term eligible electric vehicle supply equipment means a charger that— (A) is connected to the electric grid; and (B) supplies electricity to— (i) a medium-duty electric vehicle; or (ii) a heavy-duty electric vehicle. (5) Eligible equipment The term eligible equipment means any eligible electric vehicle supply equipment or associated hardware or software that is included on the list of eligible equipment published by the Administrator under subsection (c)(2). (6) Eligible fleet operator The term eligible fleet operator means an individual, a State, local, Tribal, or territorial government, a special tax district, a rural electric cooperative, a port authority, an airport authority, or a private entity that— (A) operates a centrally fueled non-transit fleet of medium-duty electric vehicles or heavy-duty electric vehicles; (B) presents a purchase order of eligible medium-duty electric vehicles or heavy-duty electric vehicles at the time of application; or (C) provides such documentation of the operation or intent to operate a centrally fueled non-transit fleet of medium-duty electric vehicles or heavy-duty electric vehicles as the Administrator determines to be necessary. (7) Heavy-duty electric vehicle The term heavy-duty electric vehicle means a non-transit vehicle that— (A) derives all of the power of the vehicle from electricity; and (B) has a gross vehicle weight rating of not less than 26,000 pounds. (8) Medium-duty electric vehicle The term medium-duty electric vehicle means a vehicle that— (A) derives all of the power of the vehicle from electricity; and (B) (i) has a gross vehicle weight rating of— (I) less than 26,000 pounds; but (II) not less than 10,000 pounds; or (ii) is an off-road vehicle with a gross vehicle weight rating of more than 4,200 pounds. (9) Multi-port level 2 charger The term multi-port level 2 charger means networked level 2 charging equipment that is capable of charging more than 1 medium-duty electric vehicle or heavy-duty electric vehicle simultaneously. (10) Networked direct current fast charging equipment The term networked direct current fast charging equipment means electric vehicle supply equipment that— (A) provides a direct current power source; and (B) is able to connect to a network to facilitate— (i) data collection; and (ii) access to the data collected. (11) Networked level 2 charging equipment The term networked level 2 charging equipment means electric vehicle supply equipment that— (A) provides an alternating current power source at a minimum of 208 volts; and (B) is able to connect to a network to facilitate— (i) data collection; and (ii) access to the data collected. (12) Rebate program The term rebate program means the rebate program established under subsection (b). (b) Establishment Not later than January 1, 2022, and subject to the availability of appropriations, the Administrator shall establish a rebate program to promote the purchase and installation of electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles. (c) Requirements (1) In general The Administrator may provide a rebate under the rebate program to an eligible fleet operator for the installation of eligible equipment at an eligible site described in paragraph (3). (2) List of eligible equipment (A) In general Not later than 90 days after the date of enactment of this Act, the Administrator shall publish on the website of the Environmental Protection Agency a list of eligible equipment for which an eligible fleet operator may receive a rebate under the rebate program. (B) Maintenance and updates After the date on which the list under subparagraph (A) is published, the Administrator— (i) shall maintain the list, including through periodic review and updates; and (ii) may add additional hardware or software to the list, if the Administrator determines that the additional hardware or software is likely— (I) to lead to greater usage of eligible electric vehicle supply equipment for medium-duty electric vehicles and heavy-duty electric vehicles; or (II) to improve the experience of users of eligible electric vehicle supply equipment. (3) Eligible sites An eligible fleet operator may receive a rebate under the rebate program for the installation of eligible equipment only if the eligible equipment is installed at a site that— (A) is in the United States; (B) is located on property— (i) owned by the eligible fleet operator; or (ii) on which the eligible fleet operator has authority to install eligible equipment; and (C) serves not fewer than the minimum number of medium-duty electric vehicles or heavy-duty electric vehicles that the Administrator determines is required to be served by a site. (4) Applications (A) In general An eligible fleet operator may submit to the Administrator an application for a rebate under the rebate program at such time and in such manner as the Administrator may require. (B) Requirements An application under subparagraph (A) shall include— (i) the estimated cost of covered expenses to be incurred with respect to the purchase or installation of eligible equipment for which the eligible fleet operator seeks a rebate; (ii) the portion of those covered expenses that represents the estimated installation cost of the eligible equipment; (iii) the address of the location where the eligible equipment will be installed, which shall be considered by the Administrator to be confidential business information; (iv) the technical specifications of the eligible equipment, including the maximum power and amperage of the eligible equipment; (v) if the eligible fleet operator is seeking a community benefit bonus under paragraph (5)(B) or a rural bonus under paragraph (5)(C), documentation demonstrating that the eligible fleet operator is eligible for the bonus; and (vi) any other information determined by the Administrator to be necessary for a complete application. (C) Review process The Administrator shall, within 90 days of the date on which the Administrator receives an application under subparagraph (A)— (i) review the application; and (ii) approve the eligible fleet operator submitting the application for a rebate under the rebate program if the Administrator determines that— (I) the application meets the requirements described in subparagraph (B); (II) the rebate would be for the installation of eligible equipment at an eligible site; (III) sufficient amounts will be made available under this section to provide the rebate; (IV) providing the rebate would not cause the eligible fleet operator to exceed the limitation described in paragraph (5)(D)(iii)(I); and (V) the eligible fleet operator has complied with all other applicable requirements of the rebate program. (5) Rebate amount (A) In general The amount of a rebate under the rebate program shall be, with respect to a project for which the rebate is sought— (i) for an eligible fleet operator that is a public sector or nonprofit entity, equal to the lesser of— (I) 80 percent of the covered expenses; and (II) the charging equipment ceiling amount; and (ii) for an eligible fleet operator that is a private sector entity that is not a nonprofit entity, equal to the lesser of— (I) 50 percent of the covered expenses; and (II) the charging equipment ceiling amount. (B) Community benefit bonus (i) In general Subject to subparagraph (D)(i), the Administrator shall award an additional amount, to be known as a community benefit bonus , to an eligible fleet operator receiving a rebate under the rebate program if the majority of the vehicle miles traveled by the medium-duty electric vehicles and heavy-duty electric vehicles in the fleet of the eligible fleet operator are traveled in a county that, as of the date of enactment of this Act, is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 et seq. ). (ii) Amount of bonus With respect to the rebate received by the eligible fleet operator, the amount of a community benefit bonus under clause (i) shall be equal to the lesser of— (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (C) Rural bonus (i) In general Subject to subparagraph (D)(i), the Administrator shall award an additional amount, to be known as a rural bonus , to an eligible fleet operator receiving a rebate under the rebate program if— (I) the eligible fleet operator uses the rebate to install electric vehicle supply equipment in a rural area (as defined in section 101(a) of title 23, United States Code); and (II) the majority of the vehicle miles traveled by the medium-duty electric vehicles and heavy-duty electric vehicles in the fleet of the eligible fleet operator are traveled in a rural area (as so defined). (ii) Amount of bonus With respect to the rebate received by the eligible fleet operator, the amount of a rural bonus under clause (i) shall be equal to the lesser of— (I) 20 percent of the covered expenses received under the rebate; and (II) 25 percent of the charging equipment ceiling amount received under the rebate. (D) Limitations (i) Limitation on bonuses An eligible fleet operator may not receive both a community benefit bonus under subparagraph (B) and a rural bonus under subparagraph (C) with respect to the same rebate under the rebate program. (ii) Multi-port level 2 chargers The Administrator shall consider each charging port on a multi-port level 2 charger to be a separate unit of electric vehicle supply equipment for purposes of determining the amount of a rebate or bonus under this section. (iii) Maximum amount for active projects An eligible fleet operator may— (I) separately or simultaneously apply for, and be awarded, rebates totaling up to $1,000,000, including any bonuses received under subparagraphs (B) and (C), for projects that, as determined by the Administrator, are active projects; and (II) apply for additional rebates on completion of active projects. (iv) For-profit entities Of the amounts made available to carry out the rebate program, not more than 50 percent may be awarded to eligible fleet operators that are private sector entities that are not nonprofit entities. (v) Alternative fuel vehicle refueling property credit No credit shall be allowed under section 30C of the Internal Revenue Code of 1986 for any property with respect to which a rebate is received under the rebate program. (6) Agreement to maintain To be eligible for a rebate under the rebate program, an eligible fleet operator shall enter into an agreement with the Administrator to maintain the eligible equipment covered by the rebate in a satisfactory manner for not less than 5 years after the date on which the eligible fleet operator receives the rebate. (d) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out the rebate program $250,000,000 for each of fiscal years 2022 through 2025, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2347is/xml/BILLS-117s2347is.xml |
117-s-2348 | II 117th CONGRESS 1st Session S. 2348 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Scott of South Carolina (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish within the Office of Entrepreneurial Development of the Small Business Administration a training curriculum relating to businesses owned by older individuals, and for other purposes.
1. Short title This Act may be cited as the Golden-preneurship Act . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Small Business Administration; (2) the term appropriate committees of Congress means— (A) the Committee on Small Business and Entrepreneurship of the Senate; (B) the Special Committee on Aging of the Senate; and (C) the Committee on Small Business of the House of Representatives; (3) the term eligible entity means an operating business that is owned by an older individual; (4) the terms Federal agency , Small Business Innovation Research Program , and Small Business Technology Transfer Program have the meanings given the terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ); (5) the term older individual has the meaning given the term in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ); (6) the term operating business means a small business concern that, as of the date on which the small business concern seeks to enroll in the Program— (A) has been in operation for not less than 3 years; and (B) for the most recently completed taxable year, had revenue of not less than $150,000; (7) the term Program means the Golden Entrepreneurs Training and Demonstration Curriculum established under section 4; (8) the term resource partner means— (A) a small business development center described in section 21 of the Small Business Act ( 15 U.S.C. 648 ); (B) the Service Corps of Retired Executives described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ); (C) a women’s business center described in section 29 of the Small Business Act ( 15 U.S.C. 656 ); or (D) a Veteran Business Outreach Center; (9) the term selected entity means an entity selected by the Administrator to carry out the Program, as described in section 4(a)(3); and (10) the term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). 3. Findings Congress finds the following: (1) In 2018— (A) 1/2 of all new successful entrepreneurs in the United States were older than 45 years of age; and (B) 3 out of 10 entrepreneurs in the United States were older than 50 years of age, a 50 percent increase since 2007. (2) As of the date of enactment of this Act, entrepreneurs who are older than 55 years of age represent 55 percent of all small business employers in the United States. (3) Businesses started by older entrepreneurs— (A) represent some of the highest growth businesses in the United States; and (B) rank among the top 0.1 percent of startups, based on growth in the first 5 years of business. 4. Golden entrepreneurs curriculum (a) Establishment There is established within the Office of Entrepreneurial Development of the Small Business Administration the Golden Entrepreneurs Training and Demonstration Curriculum— (1) the purpose of which shall be to provide eligible entities with tools to accelerate the growth of those entities; (2) which shall be a 210-day, comprehensive curriculum— (A) to effectuate the purpose described in paragraph (1); (B) that provides to eligible entities the resources described in subsection (b); (C) which shall be customizable by an eligible entity enrolled in the curriculum; and (D) that has the capability for both in-person and virtual enrollment and participation; (3) that shall be carried out by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or by a resource partner, which the Administrator shall select after submitting a request for proposal with respect to that responsibility; and (4) that includes specific outreach, training, and engagement directed towards eligible entities that are located in, or that serve, rural areas. (b) Resources Under the Program, the Administrator, acting through a selected entity, shall provide to eligible entities the following: (1) Resources and training relating to— (A) technology and digitization of business operations; (B) business expansion and hiring; (C) estate management and retirement strategies; and (D) the winding down of business operations, including training relating to— (i) the sale of an eligible entity; (ii) the formation or transfer of assets to an employee stock ownership plan, as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986; and (iii) the transfer of the management functions of an eligible entity. (2) Access to capital resources and training. (3) Mentorship and networking opportunities. (4) Information regarding Federal and State government contracting opportunities. (5) With respect to the 2-year period after the date on which an eligible entity completes the Program— (A) the establishment of benchmarks for the eligible entity with respect to the performance and growth of the eligible entity; and (B) feedback with respect to the benchmarks established under subparagraph (A). (c) Locations A training module under the Program shall be located in— (1) a district office of the Small Business Administration; (2) a facility provided by a nonprofit organization that partners with the Small Business Administration; or (3) a facility provided by a resource partner. (d) Goal In carrying out the Program, the Administrator, acting through a selected entity, shall establish the goal of providing training to 1,000 eligible entities per year. (e) Rule of construction Nothing in this section may be construed to prevent the Administrator from selecting multiple entities under subsection (a)(3) to carry out the responsibilities described in that provision. 5. Data collection (a) In general Beginning on the date that is 90 days after the date of enactment of this Act, the Administrator, in consultation with the head of any other Federal agency as may be necessary, shall track the number and dollar amount of— (1) loans and grants made to older individuals, and to small business concerns owned by older individuals, under all of the programs of the Small Business Administration, including under— (A) section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ); (B) section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ); and (C) title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ); and (2) awards to small business concerns owned by older individuals under the Small Business Innovation Research Programs and Small Business Technology Transfer Programs. (b) Reporting requirement Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report regarding the data collected under subsection (a) for the period covered by the report. (c) Continuation of requirements The requirements under subsections (a) and (b) shall continue in effect without regard to whether the Program, or the authorization to carry out the Program, is repealed. 6. Rescission of appropriations for community navigator pilot program Of the unobligated balances of amounts appropriated under section 5004(b)(2) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) on the date of enactment of this Act, $6,000,000 is rescinded. 7. Authorization of appropriations There are authorized to be appropriated to the Administrator $3,000,000 for each of fiscal years 2022 and 2023 to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2348is/xml/BILLS-117s2348is.xml |
117-s-2349 | II 117th CONGRESS 1st Session S. 2349 IN THE SENATE OF THE UNITED STATES July 14, 2021 Mr. Durbin (for himself, Mr. Merkley , Mr. Blumenthal , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act to establish a national usury rate for consumer credit transactions.
1. Short title This Act may be cited as the Protecting Consumers from Unreasonable Credit Rates Act of 2021 . 2. Findings Congress finds that— (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the Federal level, in 2006, Congress enacted a Federal 36-percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (3) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (4) due to the lack of a comprehensive Federal usury cap, consumers have paid as much as approximately $14,000,000,000 on high-cost overdraft loans, $9,000,000,000 on storefront and online payday loans, $3,800,000,000 on car title loans, and additional amounts in unreported revenues on high-cost online installment loans; (5) cash-strapped consumers pay on average approximately 400-percent annual interest for payday loans, 300-percent annual interest for car title loans, 17,000 percent for bank overdraft loans, and triple-digit rates for online installment loans; (6) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (7) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. 3. National maximum interest rate Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following: 140B. Maximum rates of interest (a) In general Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. (b) Fee and interest rate defined (1) In general For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including— (A) any payment compensating a creditor or prospective creditor for— (i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or (ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; (B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; (C) credit insurance premiums, whether optional or required; and (D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. (2) Tolerances (A) In general With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include— (i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if— (I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; (II) such fees cover all credit extended or renewed by the creditor for 12 months; and (III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; (ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or (iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. (B) Adjustments for inflation The Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36-percent fee and interest rate limitation is not circumvented. (c) Calculations (1) Open end credit plans For an open end credit plan— (A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and (B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. (2) Other credit plans For purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section. (3) Adjustments authorized The Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36-percent fee and interest rate limitation is not circumvented. (d) Definition of creditor As used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a(e) ). (e) No exemptions permitted The exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). (f) Disclosure of fee and interest rate for credit other than open end credit plans In addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. (g) Relation to State law Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. (h) Civil liability and enforcement In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. (i) Violations Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of— (1) three times the amount of the total accrued debt associated with the subject transaction; or (2) $50,000. (j) State attorneys general An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief. . 4. Disclosure of fee and interest rate for open end credit plans Section 127(b)(6) of the Truth in Lending Act ( 15 U.S.C. 1637(b)(6) ) is amended by striking the total finance charge expressed and all that follows through the end of the paragraph and inserting the fee and interest rate, displayed as FAIR , established under section 141. . | https://www.govinfo.gov/content/pkg/BILLS-117s2349is/xml/BILLS-117s2349is.xml |
117-s-2350 | II 117th CONGRESS 1st Session S. 2350 IN THE SENATE OF THE UNITED STATES July 15, 2021 Ms. Klobuchar (for herself, Ms. Cantwell , Mr. Markey , Mrs. Gillibrand , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to modify the final rule relating to flightcrew member duty and rest requirements for passenger operations of air carriers to apply to all-cargo operations of air carriers, and for other purposes.
1. Short title This Act may be cited as the Safe Skies Act of 2021 . 2. Modification of final rule relating to flightcrew member duty and rest requirements for passenger operations to apply to all-cargo operations (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall modify the final rule specified in subsection (b) so that the flightcrew member duty and rest requirements under that rule apply to flightcrew members in all-cargo operations conducted by air carriers in the same manner as those requirements apply to flightcrew members in passenger operations conducted by air carriers. (b) Final rule specified The final rule specified in this subsection is the final rule of the Federal Aviation Administration— (1) published in the Federal Register on January 4, 2012 (77 Fed. Reg. 330); and (2) relating to flightcrew member duty and rest requirements. (c) Applicability of rulemaking requirements The requirements of section 553 of title 5, United States Code, shall not apply to the modification required by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2350is/xml/BILLS-117s2350is.xml |
117-s-2351 | II 117th CONGRESS 1st Session S. 2351 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Grassley (for himself, Mrs. Feinstein , Ms. Ernst , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to clarify how controlled substance analogues that are imported or offered for import are to be regulated, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Stop the Importation and Manufacturing of Synthetic Analogues Act of 2021 or the SIMSA Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Schedule A. Sec. 3. Temporary and permanent scheduling of schedule A substances. Sec. 4. Penalties. Sec. 5. False labeling of schedule A controlled substances. Sec. 6. Registration requirements for schedule A substances. Sec. 7. Additional conforming amendments. Sec. 8. Sentencing review. Sec. 9. Rules of construction. 2. Establishment of Schedule A Section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) is amended— (1) in subsection (a), by striking five schedules of controlled substances, to be known as schedules I, II, III, IV, and V and inserting six schedules of controlled substances, to be known as schedules I, II, III, IV, V, and A ; (2) in subsection (b), by adding at the end the following: (6) Schedule A (A) In general The drug or substance— (i) is or has been imported, or is offered for import, into the United States; (ii) has— (I) a chemical structure that is substantially similar to the chemical structure of a controlled substance in schedule I, II, III, IV, or V; and (II) an actual or predicted stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I, II, III, IV, or V; and (iii) is not— (I) listed or otherwise included in any other schedule in this section or by regulation of the Attorney General; and (II) with respect to a particular person, subject to an exemption that is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) to the extent conduct with respect to such substance is pursuant to such exemption. (B) Predicted stimulant, depressant, or hallucinogenic effect For purpose of this paragraph, a predicted stimulant, depressant, or hallucinogenic effect on the central nervous system may be based on— (i) (I) the chemical structure; and (II) (aa) the structure activity relationships; or (bb) binding receptor assays and other relevant scientific information about the substance; (ii) (I) the current or relative potential for abuse of the substance; and (II) the clandestine importation, manufacture, or distribution, or diversion from legitimate channels, of the substance; or (iii) the capacity of the substance to cause a state of dependence, including physical or psychological dependence that is similar to or greater than that of a controlled substance in schedule I, II, III, IV, or V. ; and (3) in subsection (c)— (A) in the matter preceding schedule I, by striking IV, and V and inserting IV, V, and A ; and (B) by adding at the end the following: Schedule A Any substance temporarily or permanently scheduled by the Attorney General in accordance with section 201(k). . 3. Temporary and permanent scheduling of schedule A substances Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by adding at the end the following: (k) Temporary and permanent scheduling of schedule A substances (1) In general The Attorney General may issue a temporary order adding a drug or substance to schedule A if the Attorney General finds that— (A) the drug or other substance satisfies the criteria for being considered a schedule A substance; and (B) adding such drug or substance to schedule A will assist in preventing abuse of the drug or other substance. (2) Duration of temporary scheduling order A temporary scheduling order issued under paragraph (1) shall— (A) not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued; and (B) expire not later than 5 years after the date on which the order becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 180 days. (3) Effect of issuance of permanent scheduling order A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent order issued under paragraph (5) with regard to the same substance, or upon the subsequent issuance of any scheduling order under this section. (4) Limitation on judicial review A temporary scheduling order issued under paragraph (1) shall not be subject to judicial review. (5) Permanent scheduling order (A) In general Except as provided in subparagraph (B), not earlier than 3 years after the date on which the Attorney General issues an order temporarily scheduling a drug or substance under this subsection, the Attorney General may, by rule, issue a permanent order adding the drug or other substance to schedule A if such drug or substance satisfies the criteria for being considered a schedule A substance. (B) Limitation If the Secretary of Health and Human Services has determined, based on relevant scientific studies and necessary data requested by the Secretary of Health and Human Services and gathered by the Attorney General, that a drug or other substance that has been temporarily placed in schedule A does not have sufficient potential for abuse to warrant control in any schedule, and provides written notice of such determination to the Attorney General, the Attorney General— (i) may not issue a permanent scheduling order under subparagraph (A); and (ii) not later than 30 days after the date on which the Attorney General receives such notice, shall issue an order immediately terminating the temporary scheduling order for the drug or other substance. (6) Notice to HHS Before initiating proceedings under paragraph (1), the Attorney General shall transmit notice of a temporary order proposed to be issued to the Secretary of Health and Human Services. In issuing an order under paragraph (1), the Attorney General shall take into consideration any comments submitted by the Secretary of Health and Human Services in response to a notice transmitted pursuant to this paragraph. . 4. Penalties Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended— (1) in subsection (a), by inserting or a drug or substance in schedule A after controlled substance each place it appears; and (2) in subsection (b), by adding at the end the following: (8) In the case of a violation under subsection (a) involving a controlled substance in schedule A, the person committing such violation shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment for any term of years or for life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment for any term of years or for life, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, United States Code, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of not less than 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of not less than 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results. . 5. False labeling of schedule A controlled substances (a) In general Section 305 of the Controlled Substances Act ( 21 U.S.C. 825 ) is amended by adding at the end the following: (f) False labeling of schedule A controlled substances (1) It shall be unlawful to import or export, with intent to manufacture, distribute, or dispense, a schedule A substance or product containing a schedule A substance, unless the substance or product bears a label clearly identifying a schedule A substance or product containing a schedule A substance by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). (2) (A) A product described in subparagraph (B) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required under the Federal Food, Drug, and Cosmetic Act. (B) A product is described in this subparagraph if the product— (i) is the subject of an approved application as described in section 505(b) or (j) of the Federal Food, Drug, and Cosmetic Act; or (ii) is exempt from the provisions of section 505 of such Act relating to new drugs because— (I) it is intended solely for investigational use as described in section 505(i) of such Act; and (II) such product is being used exclusively for purposes of a clinical trial that is the subject of an effective investigational new drug application. . (b) Penalties Section 402 of the Controlled Substances Act ( 21 U.S.C. 842 ) is amended— (1) in subsection (a)— (A) in paragraph (16), by striking or at the end; (B) by redesignating paragraph (17) as paragraph (18); and (C) by inserting after paragraph (16) the following: (17) to violate section 305(f); or ; and (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (B)(i), by striking (17) and inserting (18) ; and (ii) in subparagraph (C), by inserting or (17) after paragraph (16) each place it appears; and (B) in paragraph (2)(D), by striking (17) and inserting (18) . 6. Registration requirements for schedule A substances (a) Registration requirements for importers and exporters of schedule A substances Section 1008 of the Controlled Substances Import and Export Act ( 21 U.S.C. 958 ) is amended by adding at the end the following: (j) (1) The Attorney General shall register an applicant to import or export a schedule A substance if— (A) the applicant demonstrates that the schedule A substance will be used for research, analytical, or industrial purposes approved by the Attorney General; and (B) the Attorney General determines that such registration is consistent with the public interest and with the United States obligations under international treaties, conventions, or protocols in effect on the date of enactment of this subsection. (2) In determining the public interest under paragraph (1)(B), the Attorney General shall consider— (A) maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule A compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes; (B) compliance with applicable State and local law; (C) promotion of technical advances in the art of manufacturing substances described in subparagraph (A) and the development of new substances; (D) prior conviction record of applicant under Federal and State laws relating to the importation, manufacture, distribution, or dispensing of substances described in subparagraph (A); (E) past experience in the importation and manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and (F) such other factors as may be relevant to and consistent with the public health and safety. (3) If an applicant is registered to import or export a controlled substance in schedule I or II under subsection (a), the applicant shall not be required to apply for a separate registration under this subsection. . (b) Continuation of research on substances newly added to schedule A Section 302(e) of the Controlled Substances Act ( 21 U.S.C. 822(e) ) is amended by adding at the end the following: (3) (A) If a person is conducting research on a substance at the time the substance is added to schedule A, and such person is already registered to conduct research with a controlled substance in schedule I or II, then— (i) the person shall, within 30 days of the scheduling of the newly-scheduled substance, submit a completed application for registration or modification of existing registration, to conduct research on such substance, in accordance with the regulations issued by the Attorney General; (ii) the person may continue to conduct the research on such substance until the application described in clause (i) is withdrawn by the applicant or until the Attorney General serves on the applicant an order to show cause proposing the denial of the application pursuant to section 304(c); and (iii) if the Attorney General serves order to show cause under clause (ii) and the applicant requests a hearing, such hearing shall be held on an expedited basis and not later than 45 days after the request is made, except that the hearing may be held at a later time if so requested by the applicant. (B) A person who is registered to conduct research with a controlled substance in schedule A may conduct research with another controlled substance in schedule I, only if— (i) the person has applied for a modification of the person's registration to authorize research with such other controlled substance in accordance with the regulations issued by the Attorney General; (ii) the Attorney General has obtained verification from the Secretary that the research protocol submitted with the application is meritorious; and (iii) the Attorney General has determined, not later than 30 days after receiving the application described in clause (i), that such activity is consistent with United States obligations under the Single Convention on Narcotic Drugs, 1961. (C) Nothing in this paragraph shall be construed to alter the authority of the Attorney General to initiate proceedings to deny, suspend, or revoke any registration in accordance with sections 303 and 304. . 7. Additional conforming amendments The Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ) is amended— (1) in section 1002(a) ( 21 U.S.C. 952(a) )— (A) in the matter preceding paragraph (1), by inserting or drug or substance in schedule A after schedule I or II ; and (B) in paragraph (2), by inserting or drug or substances in schedule A after schedule I or II ; (2) in section 1003 ( 21 U.S.C. 953 )— (A) in subsection (c), in the matter preceding paragraph (1), by inserting or drug or substance in schedule A after schedule I or II ; and (B) in subsection (d), by inserting or drug or substance in schedule A after schedule I or II ; (3) in section 1004(1) ( 21 U.S.C. 954(1) ), in the matter preceding subparagraph (A), by inserting or drug or substance in schedule A after schedule I ; (4) in section 1005 ( 21 U.S.C. 955 ), by inserting or drug or substance in schedule A after schedule I or II ; and (5) in section 1009(a) ( 21 U.S.C. 959(a) ), by inserting or drug or substance in schedule A after schedule I or II . 8. Sentencing review (a) Covered offense defined In this section, the term covered offense means an offense involving a schedule A substance for which the penalty was established under section 4 or 5 of this Act. (b) Sentencing review (1) Petition for review If a schedule A substance that is temporarily or permanently scheduled under section 201(k) of the Controlled Substances Act, as added by this Act, is subsequently descheduled or rescheduled on a schedule with lower penalties, any individual convicted of a covered offense involving such schedule A substance who is awaiting sentencing or is still serving a term of imprisonment for such covered offense on the date of the descheduling or rescheduling may petition the court that imposed the sentence for a sentencing reduction hearing for such covered offense. (2) Sentencing review Not later than 30 days after the date on which a petition is filed under paragraph (1), the court shall conduct a sentencing reduction hearing and may modify the sentence of the petitioner as if the descheduling or rescheduling described in paragraph (1) had been in effect on the date the covered offense was committed. 9. Rules of construction Nothing in this Act, or the amendments made by this Act, may be construed to limit— (1) the prosecution of offenses involving controlled substance analogues under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ); or (2) the authority of the Attorney General to temporarily or permanently schedule, reschedule, or decontrol controlled substances under provisions of section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) that are in effect on the day before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2351is/xml/BILLS-117s2351is.xml |
117-s-2352 | II 117th CONGRESS 1st Session S. 2352 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Booker (for himself, Mr. Menendez , 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 require health insurance coverage for the treatment of infertility.
1. Short title This Act may be cited as the Access to Infertility Treatment and Care Act . 2. Findings Congress finds as follows: (1) Infertility is a medical disease recognized by the World Health Organization, the American Society for Reproductive Medicine, and the American Medical Association that affects men and women equally. (2) According to the Centers for Disease Control and Prevention, 1 in 8 couples have difficulty getting pregnant or sustaining a pregnancy. (3) Infertility affects a broad spectrum of prospective parents. No matter what race, religion, sexual orientation, or economic status one is, infertility does not discriminate. (4) According to the Centers for Disease Control and Prevention, 11 percent of women in the United States between the ages of 15 and 44 have difficulty getting pregnant or staying pregnant. Similarly, 9 percent of men in the United States between the ages of 15 and 44 experience infertility. (5) Infertility disproportionately affects individuals with particular health complications. For cancer patients and others who must undergo treatments such as chemotherapy, radiation therapy, hormone therapy, or surgery that are likely to harm the reproductive system and organs, fertility preservation becomes necessary. (6) Leading causes of infertility include chronic conditions and diseases of the endocrine or metabolic systems, such as primary ovarian insufficiency, polycystic ovarian syndrome, endometriosis, thyroid disorders, menstrual cycle defects, autoimmune disorders, hormonal imbalances, testicular disorders, and urological health issues. Other causes include structural problems or blockages within the reproductive system, exposure to infectious diseases, occupational or environmental hazards, or genetic influences. (7) Recent improvements in therapy and cryopreservation make pregnancy possible for more people than in past years. (8) Like all other diseases, infertility and its treatments should be covered by health insurance. (9) A 2017 national survey of employer-sponsored health plans found that 44 percent of employers with at least 500 employees did not cover infertility services, and 25 percent of companies with 20,000 or more employees did not cover infertility services. (10) Coverage for infertility services under State Medicaid programs is limited. The Medicaid programs of only 5 States provide diagnostic testing for women and men in all of their program eligibility pathways; the Medicaid program of only one State provides coverage for certain medications for women experiencing infertility; and no State Medicaid programs cover intrauterine insemination or in vitro fertilization. (11) States that do not require private insurance coverage of assisted reproductive technology have higher rates of multiple births. (12) The ability to have a family should not be denied to anyone on account of a lack of insurance coverage for medically necessary treatment. 3. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility (a) In general Part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by inserting after section 2729 the following: 2729A. Standards relating to benefits for treatment of infertility and prevention of iatrogenic infertility (a) In general A group health plan or a health insurance issuer offering group or individual health insurance coverage shall ensure that such plan or coverage provides coverage for— (1) the treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan or coverage provides coverage for obstetrical services; and (2) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Definitions In this section: (1) the term assisted reproductive technology means treatments or procedures that involve the handling of human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including in vitro fertilization, egg, embryo, or sperm cryopreservation, egg or embryo donation, and gestational surrogacy; (2) the term infertility means a disease, characterized by the failure to establish a clinical pregnancy— (A) after 12 months of regular, unprotected sexual intercourse; or (B) due to a person's incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing; and (3) the term iatrogenic infertility means an impairment of fertility due to surgery, radiation, chemotherapy, or other medical treatment. (c) Required coverage (1) Coverage for infertility Subject to paragraph (3), a group health plan and a health insurance issuer offering group or individual health insurance coverage that includes coverage for obstetrical services shall provide coverage for treatment of infertility determined appropriate by the treating physician, including, as appropriate, ovulation induction, egg retrieval, sperm retrieval, artificial insemination, in vitro fertilization, genetic screening, intracytoplasmic sperm injection, and any other non-experimental treatment, as determined by the Secretary in consultation with appropriate professional and patient organizations such as the American Society for Reproductive Medicine, RESOLVE: The National Infertility Association, and the American College of Obstetricians and Gynecologists. (2) Coverage for iatrogenic infertility A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage of fertility preservation services for individuals who undergo medically necessary treatment that may cause iatrogenic infertility, as determined by the treating physician, including cryopreservation of gametes and other procedures, as determined by the Secretary, consistent with established medical practices and professional guidelines published by professional medical organizations, including the American Society of Clinical Oncology and the American Society for Reproductive Medicine. (3) Limitation on coverage of assisted reproductive technology A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide coverage for assisted reproductive technology as required under paragraph (1) if— (A) the individual is unable to bring a pregnancy to a live birth through minimally invasive infertility treatments, as determined appropriate by the treating physician, with consideration given to participant's or beneficiary's specific diagnoses or condition for which coverage is available under the plan or coverage; and (B) the treatment is performed at a medical facility that— (i) conforms to the standards of the American Society for Reproductive Medicine and the Society for Assisted Reproductive Technology; and (ii) is in compliance with any standards set by an appropriate Federal agency. (d) Limitation Cost-sharing, including deductibles and coinsurance, or other limitations for infertility and services to prevent iatrogenic infertility may not be imposed with respect to the services required to be covered under subsection (c) to the extent that such cost-sharing exceeds the cost-sharing applied to similar services under the group health plan or health insurance coverage or such other limitations are different from limitations imposed with respect to such similar services. (e) Prohibitions A group health plan and a health insurance issuer offering group or individual health insurance coverage may not— (1) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments or fertility preservation services to which such participant or beneficiary is entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; (2) prohibit a provider from discussing with a participant or beneficiary infertility treatments or fertility preservation technology or medical treatment options relating to this section; or (3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments or fertility preservation services to a qualified participant or beneficiary in accordance with this section. (f) Rule of construction Nothing in this section shall be construed to require a participant or beneficiary to undergo infertility treatments or fertility preservation services. (g) Notice A group health plan and a health insurance issuer offering group or individual health insurance coverage shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; (2) as part of any yearly informational packet sent to the participant or beneficiary; or (3) not later than January 1, 2022, whichever is earlier. (h) Level and type of reimbursements Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group or individual health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. . (b) Conforming amendment Section 2724(c) of the Public Health Service Act ( 42 U.S.C. 300gg–23(c) ) is amended by striking section 2704 and inserting sections 2704 and 2708 . (c) Effective dates (1) In general The amendments made by subsections (a) and (b) shall apply for plan years beginning on or after the date that is 6 months after the date of enactment of this Act. (2) Collective bargaining exception (A) In general In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of— (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act); or (ii) the date occurring 6 months after the date of the enactment of this Act. (B) Clarification For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. 4. Federal Employees Health Benefits Program (a) In general Section 8902 of title 5, United States Code, is amended by adding at the end the following: (q) (1) In this subsection, the terms infertility and iatrogenic infertility have the meanings given those terms in section 2729A of the Public Health Service Act. (2) A contract under this chapter shall provide, in a manner consistent with section 2729A of the Public Health Service Act, coverage for— (A) the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if that contract covers obstetrical benefits; and (B) standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (3) Coverage for the diagnosis or treatment of infertility and fertility preservation services under a health benefits plan described in section 8903 or 8903a may not be subject to any copayment or deductible greater than the copayment or deductible, respectively, applicable to obstetrical benefits under the plan. (4) Subsection (m)(1) shall not, with respect to a contract under this chapter, prevent the inclusion of any terms that, under paragraph (2) of this subsection, are required by reason of section 2729A of the Public Health Service Act. . (b) Effective date The amendment made by subsection (a) shall apply with respect to— (1) any contract entered into or renewed for a contract year beginning on or after the date that is 180 days after the date of enactment of this Act; and (2) any health benefits plan offered under a contract described in paragraph (1). 5. Benefits for treatment of infertility and prevention of iatrogenic infertility under the TRICARE program (a) In general Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: 1110c. Obstetrical and infertility benefits (a) In general Any health care plan under this chapter shall provide, in a manner consistent with section 2729A of the Public Health Service Act— (1) coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures, if such plan covers obstetrical benefits; and (2) coverage for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility. (b) Copayment The Secretary of Defense shall establish cost-sharing requirements for the coverage of diagnosis and treatment of infertility and fertility preservation services described in subsection (a) that are consistent with the cost-sharing requirements applicable to health plans and health insurance coverage under section 2729A(d) of the Public Health Service Act. (c) Regulations The Secretary of Defense shall prescribe any regulations necessary to carry out this section. (d) Definitions In this section, the terms assisted reproductive technology , iatrogenic infertility , and infertility have the meanings given those terms in section 2729A of the Public Health Service Act. . (b) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 1110c. Obstetrical and infertility benefits. . 6. Treatment of infertility and prevention of iatrogenic infertility for veterans and spouses or partners of veterans (a) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Infertility treatment for veterans and spouses or partners of veterans. (a) In general The Secretary shall furnish treatment for infertility and fertility preservation services, including through the use of assisted reproductive technology, to a veteran or a spouse or partner of a veteran if the veteran, and the spouse or partner of the veteran, as applicable, apply jointly for such treatment through a process prescribed by the Secretary for purposes of this section. (b) Definitions In this section, the terms assisted reproductive technology and infertility have the meanings given those terms in section 2729A of the Public Health Service Act. . (b) Clerical amendment The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: 1720K. Infertility treatment for veterans and spouses or partners of veterans. . (c) Regulations Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by subsection (a). 7. Requirement for State Medicaid plans to provide medical assistance for treatment of infertility and prevention of iatrogenic infertility (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(4)— (A) by striking ; and (D) and inserting ; (D) ; (B) by striking ; and (E) and inserting ; (E) ; (C) by striking ; and (F) and inserting ; (F) ; and (D) by inserting before the semicolon at the end the following: ; and (G) services and supplies to treat infertility and prevent iatrogenic infertility (as such terms are defined in section 2729A(b) of the Public Health Service Act) in accordance with subsection (jj) ; and (2) by adding at the end the following new subsection: (jj) Requirements for coverage of infertility treatment and prevention of iatrogenic infertility For purposes of subsection (a)(4)(G), a State shall ensure that the medical assistance provided under the State plan (or waiver of such plan) for treatment of infertility and fertility preservation services complies with the requirements and limitations of section 2729A(c) of the Public Health Service Act in the same manner as such requirements and limitations apply to health insurance coverage offered by a group health plan or health insurance issuer. . (b) No cost sharing for infertility treatment (1) In general Subsections (a)(2)(D) and (b)(2)(D) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o(a)(2)(D) ) are amended by inserting , services and supplies to treat infertility and provide fertility preservation services described in section 1905(a)(4)(G) after 1905(a)(4)(C) each place it appears. (2) Application to alternative cost sharing Section 1916A(b)(3)(B)(vii) of the Social Security Act ( 42 U.S.C. 1396o–1(b)(3)(B)(vii) ) is amended by inserting and services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(G) before the period. (c) Presumptive eligibility for infertility treatment Section 1920C of the Social Security Act ( 42 U.S.C. 1396r–1c ) is amended— (1) in the section heading, by inserting and infertility treatment after family planning services ; (2) in subsection (a)— (A) by striking State plan and inserting A State plan ; (B) by striking 1905(a)(4)(C) and inserting section 1905(a)(4)(C), services and supplies to treat infertility and prevent iatrogenic infertility described in section 1905(a)(4)(G), ; and (C) by inserting or in conjunction with an infertility treatment service in an infertility treatment setting before the period. (d) Inclusion in benchmark coverage Section 1937(b) of the Social Security Act ( 42 U.S.C. 1396u–7(b) ) is amended by adding at the end the following new paragraph: (9) Coverage of infertility treatment and prevention of iatrogenic infertility Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark-equivalent coverage under this section unless such coverage includes medical assistance for services and supplies to treat infertility and provide fertility preservation described in section 1905(a)(4)(G) in accordance with such section. . (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2021. (2) Delay permitted if State legislation required In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s2352is/xml/BILLS-117s2352is.xml |
117-s-2353 | II 117th CONGRESS 1st Session S. 2353 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Markey (for himself, Mr. Braun , and Mr. Manchin ) 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 dispensers of certain opioids to affix on the container or package thereof a clear, concise warning that the opioid can cause dependence, addiction, and overdose, and for other purposes.
1. Short title This Act may be cited as the Lessening Addiction By Enhancing Labeling Opioids Act of 2021 or the LABEL Opioids Act of 2021 . 2. Lessening addiction by enhancing labeling of opioids (a) In general Section 305(c) of the Controlled Substances Act ( 21 U.S.C. 825(c) ) is amended by striking which shall provide that the label and all that follows and inserting the following: which shall provide that— (1) the label of a drug listed in schedule II, III, or IV shall, when dispensed to or for a patient, contain a clear, concise warning that it is a crime to transfer the drug to any person other than the patient; and (2) the label of any container or package containing an opioid listed in schedule II, III, IV, or V (other than a drug that is approved, or authorized for emergency use, by the Food and Drug Administration for the treatment of addiction or an opioid use disorder) shall, when dispensed to or for a patient, contain a clear, concise warning that the opioid dispensed can cause dependence, addiction, and overdose. . (b) Prohibited act Section 402(a)(3) of the Controlled Substances Act ( 21 U.S.C. 842(a)(3) ) is amended by inserting or dispense after distribute . (c) Regulations (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall prescribe final regulations to implement the amendments made by subsections (a) and (b), which regulations shall be effective beginning on the date that is 2 years after the date of enactment of this Act. (2) Interim rules The Secretary of Health and Human Services may issue the regulations required under paragraph (1) by interim rule to the extent necessary to comply with the timing requirement in that paragraph. (d) Applicability The amendment made by subsection (b) applies beginning on the date that is 2 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2353is/xml/BILLS-117s2353is.xml |
117-s-2354 | II 117th CONGRESS 1st Session S. 2354 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Markey (for himself, Mr. Braun , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require certain practitioners authorized to prescribe controlled substances to complete continuing education.
1. Short title This Act may be cited as the Safer Prescribing of Controlled Substances Act . 2. Continuing education requirements for certain practitioners prescribing controlled substances Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended— (1) in subsection (f), in the matter preceding paragraph (1), by striking The Attorney General shall register and inserting Subject to subsection (k), the Attorney General shall register ; (2) by redesignating subsection (k) as subsection (l); (3) by inserting after subsection (j) the following: (k) Continuing education requirements for practitioners (1) Definition of covered practitioner In this subsection, the term covered practitioner means a practitioner that is not a hospital, pharmacy, or veterinarian. (2) Requirement As a condition of granting or renewing the registration of a covered practitioner under this part to dispense, or conduct research with, controlled substances in schedule II, III, IV, or V, the Attorney General shall require the covered practitioner to complete training through accredited continuing prescriber education that the Secretary determines meets the requirements under paragraph (3), unless the covered practitioner meets the conditions described in paragraph (6). (3) Contents of training The training provided for purposes of paragraph (2) shall, at a minimum, expose a covered practitioner to— (A) best practices for pain management, including— (i) responsible prescribing of pain medications; (ii) alternatives to prescribing controlled substances; and (iii) other alternative therapies to decrease the use of opioids; (B) tools to manage adherence and diversion of controlled substances, including— (i) prescription drug monitoring programs; (ii) drug screening; (iii) informed consent; (iv) overdose education; and (v) the use of opioid overdose antagonists; and (C) best practices for substance use disorder treatment, including methods for diagnosing, treating, and managing a substance use disorder, including— (i) the use of medications approved by the Food and Drug Administration; (ii) the use of evidence-based nonpharmacological therapies; and (iii) linking patients to evidence-based treatment for substance use disorders. (4) Establishment of training module The Assistant Secretary of Health and Human Services for Mental Health and Substance Use shall establish or support the establishment of not less than 1 training module that meets the requirements under paragraph (3) that is provided— (A) to any covered practitioner registered or applying for a registration under this part to dispense, or conduct research with, controlled substances in schedule II, III, IV, or V; (B) online; and (C) free of charge. (5) Database of training modules The Secretary shall establish, maintain, and periodically update a publicly available database providing information relating to training modules that meet the requirements under paragraph (3). (6) Exception A covered practitioner shall be deemed as completing the training described in paragraph (2) if the covered practitioner completes accredited continuing prescriber education that— (A) is— (i) required, as a condition of State practice licensure, to fulfill mandated training or education related to best practices in pain management and substance use disorder treatment; and (ii) substantially similar to the training required under paragraph (3); or (B) is— (i) required, as a condition of maintaining a board certification recognized by the appropriate board certification organizations, to fulfill mandated training or education related to best practices in pain management and substance use disorder treatment; and (ii) substantially similar to the training required under paragraph (3). (7) Report on prescribing patterns Not later than 5 years after the date of enactment of the Safer Prescribing of Controlled Substances Act , the Secretary shall evaluate, and make publicly available a report describing, how exposure to the training required under this subsection has changed prescribing patterns of controlled substances. ; and (4) in subsection (l) (as redesignated), by striking In this section and inserting Definition of factors as may be relevant to and consistent with the public health and safety .—In this section . | https://www.govinfo.gov/content/pkg/BILLS-117s2354is/xml/BILLS-117s2354is.xml |
117-s-2355 | II 117th CONGRESS 1st Session S. 2355 IN THE SENATE OF THE UNITED STATES July 15, 2021 Ms. Cantwell introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration make a technical correction to the Restaurant Revitalization program to allow distilleries that are prohibited by State law from meeting the onsite sales requirements under the program to participate in the program.
1. Restaurant Revitalization The Administrator of the Small Business Administration shall amend the rules relating to the Restaurant Revitalization program under section 5003 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 85; 15 U.S.C. 9009c ) to allow a distillery that is located in a State the law of which sets a limit on the percentage of the gross receipts of a distillery that may come from onsite sales that is less than 33 percent to qualify as an eligible entity under such section if the combined total of the gross receipts of the distillery from onsite sales and sales to retailers for onsite sale is not less than 33 percent. | https://www.govinfo.gov/content/pkg/BILLS-117s2355is/xml/BILLS-117s2355is.xml |
117-s-2356 | II 117th CONGRESS 1st Session S. 2356 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mrs. Feinstein (for herself, Mr. Padilla , Mr. Wyden , Ms. Stabenow , Mr. Peters , Mrs. Gillibrand , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide funding to rehabilitate, retrofit, and remove the Nation’s dams to improve the health of the Nation’s rivers, improve public safety, and increase clean energy production, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Twenty-First Century Dams Act . (b) Table of contents The table of contents for the Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Dam Safety Assistance Sec. 101. Increase Federal assistance to improve dam safety. TITLE II—Restore River Ecosystems through Dam Abatements Sec. 201. Purposes. Sec. 202. Definitions. Sec. 203. Dam removal program. Sec. 204. Establishment of Dam Removal Council. Sec. 205. Establishment of Dam Removal Advisory Board. Sec. 206. Dam removal strategy. Sec. 207. Reporting. Sec. 208. Funding. Sec. 209. General provisions. TITLE III—Reimagined Federal Dams Sec. 301. National dam assessment. Sec. 302. Federal dam assessments. Sec. 303. Report. Sec. 304. Investing in Federal dam infrastructure. I Dam Safety Assistance 101. Increase Federal assistance to improve dam safety (a) National Dam Safety Program Act (1) Definitions Section 2(4)(A) of the National Dam Safety Program Act ( 33 U.S.C. 467(4)(A) ) is amended— (A) in clause (iii)(II), by striking the semicolon and inserting ; and ; (B) in clause (iv), by striking ; and and inserting a period; and (C) by striking clause (v). (2) Inspection of dams Section 3(a) of the National Dam Safety Program Act ( 33 U.S.C. 467a(a) ) is amended to read as follows: (a) In general As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All non-Federal dams in the United States that are not under the regulatory inspection authority of a State or Federal entity shall be inspected by the Secretary, except dams which the Secretary of the Army determines do not pose any threat to human life or property. The inspection will include an assessment of downstream hazard and development of a dam failure inundation map and a non-failure residual risk inundation map that can be incorporated in an emergency action plan for the dam. . (3) Assistance for State dam safety programs Section 8(e)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467f(e)(1) ) is amended by inserting including the development of emergency action plans after improving dam safety programs . (4) Priority System Section 8A(f) of the National Dam Safety Program Act ( 33 U.S.C. 467f–2(f) ) is amended to read as follows: (f) Priority System The Administrator, in consultation with the Board, shall develop a risk-based priority system for States to use as a factor in prioritizing multiple applications in a single year of eligible high hazard potential dams for which grants may be made under this section. . (5) Rehabilitation of high hazard potential dams Section 8A(j) of the National Dam Safety Program Act ( 33 U.S.C. 467f–2(j) ) is amended— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking each of fiscal years 2021 through 2026. and inserting fiscal year 2021; and ; and (C) by adding at the end the following: (5) $200,000,000 for each of fiscal years 2022 through 2026. . (6) National dam safety program Section 14(a)(1) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(1) ) is amended by striking $9,200,000 for each of fiscal years 2019 through 2023 and inserting $92,000,000 for each of fiscal years 2022 through 2026 . (7) Inspection of dams Section 14 of the National Dam Safety Program Act ( 33 U.S.C. 467j ) is amended by adding at the end the following: (h) Inspection of dams There is authorized to be appropriated to carry out section 3 $35,000,000 for each of fiscal years 2022 through 2026. . (8) Allocation Section 14(a)(2) of the National Dam Safety Program Act ( 33 U.S.C. 467j(a)(2) ) is amended— (A) by striking subparagraphs (B) and (C); (B) by striking the paragraph designation and heading and all that follows through Subject to subparagraphs (B) and (C), for in subparagraph (A) in the matter preceding clause (i) and inserting the following: (2) Allocation For ; (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; (D) in subparagraph (A) (as so redesignated), by inserting of the remaining after One-third ; (E) in subparagraph (B) (as so redesignated)— (i) in the matter preceding subclause (I), by inserting of the remaining after Two-thirds ; and (ii) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; and (F) by adding at the end the following: (C) Up to twenty percent to States that qualify for assistance under section 8(e) for the development of emergency action plans as needed. . (9) FEMA Staffing Section 14(f) of the National Dam Safety Program Act ( 33 U.S.C. 467j(f) ) is amended by striking $1,000,000 for each of fiscal years 2019 through 2023 and inserting $4,000,000 for each of fiscal years 2022 through 2026 . (b) Rehabilitation of structural measures near, at, or past their evaluated life expectancy Section 14(h)(2) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(2) ) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking through 2023. and inserting through 2021; and ; and (3) by adding at the end the following: (F) $100,000,000 for each of fiscal years 2022 through 2026. . (c) WIFIA funding Section 5033(a)(1) of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3912(a)(1) ) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) $50,000,000 for each of fiscal years 2022 through 2026. . II Restore River Ecosystems through Dam Abatements 201. Purposes The purposes of this title are to establish an interagency advisory council, a Tribal and stakeholder advisory board, and to provide funding to remove publicly owned and privately owned dams with the consent of dam owners— (1) to reduce public safety risks associated with aging dams; (2) to promote the restoration of riverine habitat for native species of fish and wildlife; (3) to provide for the movement of aquatic species and restoration of migratory fish populations; (4) to improve water quality; and (5) to increase climate resilience. 202. Definitions In this title: (1) Advisory Board The term Advisory Board means the Dam Removal Advisory Board established under section 205. (2) Aquatic habitat The term aquatic habitat means the preferred in-stream, floodplain, or riparian wetland habitat of all life stages of native aquatic species. (3) Aquatic species passage The term aquatic species passage means the ability of all species endemic to a watershed, and all life stages of those species, to freely access upstream and downstream aquatic habitat for the purposes of spawning, rearing, or other life cycle needs. (4) Climate resilience The term climate resilience means the ability for humans, ecosystems, and all species to adapt to and recover from disturbances related to climate change, including increased severity and frequency of floods, droughts, and changes to thermal regimes. (5) Council The term Council means the Dam Removal Council established under section 204. (6) Dam The term dam means a human-made structure that— (A) spans the width of a river or stream (or does not currently span the width of a river or stream due to damage or intentional breach, but was originally constructed to do so); and (B) was constructed to raise the water level, divert water, or store water for a variety of purposes. (7) Dam removal project (A) In general The term dam removal project means a project to permanently remove the full vertical extent of a dam structure of a dam described in subparagraph (B) to a minimum horizontal width needed to protect public safety, restore natural river function, and reconnect aquatic species passage, unless site conditions prevent that removal width. (B) Dams described A dam referred to in subparagraph (A) is— (i) a non-federally owned powered dam; (ii) a non-federally owned non-powered dam; or (iii) a Federal non-powered dam the removal of which is authorized by Congress, if applicable. (8) Funding allocation The term funding allocation means amounts provided, out of amounts made available to carry out this title, by the Secretary to a participating agency to carry out the purposes of this title. (9) 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 ). (10) Non-Federal interest The term non-Federal interest means— (A) a State; (B) a political subdivision of a State; (C) an Indian Tribe; (D) a non-Federal dam owner, or a representative; (E) a regional or interstate agency; and (F) as provided in section 203(d)(2), a nongovernmental organization. (11) Participating agency (A) In general The term participating agency means a Federal agency— (i) that owns 1 or more dams or has jurisdiction over a grant program under which dam removal is an eligible activity; and (ii) that has authority— (I) to conduct dam removal projects; or (II) to provide technical assistance and grants for development, planning, and implementation of dam removal projects. (B) Inclusion The term participating agency includes the Department of the Army. (12) Privately owned dam The term privately owned dam means a dam that is owned by 1 or more non-governmental entities. (13) Public safety hazard The term public safety hazard means the risk to individuals pertaining to a dam, including loss of life or destruction of private or public property, as a result of the structural failure or misoperation of a dam, or by a person who accesses the dam by foot or in a boat. (14) Publicly owned dam (A) In general The term publicly owned dam means a dam that is owned by a public entity such as a government agency, political subdivision, special purpose district, or other public entity established under Federal or State law. (B) Exclusion The term publicly owned dam does not include a Federal powered dam. (15) Secretary The term Secretary means the Secretary of the Army. (16) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the Commonwealth of the Northern Mariana Islands; (E) the United States Virgin Islands; (F) American Samoa; and (G) Guam. 203. Dam removal program (a) Establishment The Secretary shall establish a dam removal program to carry out dam removal projects and provide technical assistance through the award of contracts and cooperative agreements in accordance with this title. (b) Eligible activities An activity eligible to be carried out with a funding allocation is— (1) a dam removal project; and (2) a Federal or non-Federal technical assistance program. (c) Selection of projects (1) Identification of eligible projects (A) In general Each participating agency shall— (i) review proposed dam removal projects and technical assistance programs, including— (I) projects proposed by a dam owner (or a designee, with the written consent of the dam owner); (II) dam removal projects for Federal non-powered dams owned by the participating agency that— (aa) are no longer providing a critical purpose in the Federal interest; and (bb) have received Congressional authorization, if applicable; (III) non-Federal dam removal technical assistance programs; and (IV) a proposed funding allocation for those projects and programs; and (ii) submit the recommended projects, programs, and funding allocation to the Council. (B) Council review The Council shall— (i) review the projects, programs, and funding allocations submitted under subparagraph (A)(ii); (ii) develop recommendations of projects and programs that meet the criteria described in paragraph (3) and proposed funding allocations for each participating agency; and (iii) submit the projects, programs, and funding allocations recommended under clause (ii) to the Secretary. (2) Selection The Secretary shall— (A) select projects and activities under this section taking into consideration the projects and programs submitted by the Council under paragraph (1)(B)(iii); and (B) provide to each participating agency a funding allocation pursuant to a cooperative agreement under subsection (f). (3) Required elements Each dam removal project recommended to the Secretary by the Council shall— (A) include written consent of the dam owner for the dam removal project, if ownership is established; (B) meet 1 or more of the project purposes of— (i) protecting human health and safety; (ii) restoring aquatic habitat and riverine processes; (iii) increasing river connectivity and species access to aquatic habitat; (iv) improving water quality; (v) enhancing commercial and recreational fishing; (vi) enhancing river-based recreation; (vii) restoring nature-based infrastructure; and (viii) improving climate resilience; (C) include satisfactory assurance from any non-Federal interests proposing projects that the non-Federal interests will have or can reasonably acquire personnel and authority to adequately manage the project; and (D) demonstrate a commitment to obtain all required regulatory approvals and permits from all pertinent jurisdictions prior to project implementation. (4) Factors for selection of projects In selecting a dam removal project, the Secretary and participating agencies shall consider the following: (A) The capability of the non-Federal interest to carry out the project in a technically feasible manner. (B) The extent to which the dam poses a significant public safety hazard. (C) The extent to which the dam provides critical beneficial uses. (D) The extent to which the project provides multiple environmental and public benefits, with priority given to a project that meets 2 or more of the project purposes described in paragraph (3)(B). (E) The extent to which the project will be carried out in a cost-effective manner. (F) Any other factors that the Secretary and participating agencies determine to be reasonable and necessary for consideration. (5) Prioritization for selection of projects In selecting a dam removal project, the Secretary and participating agencies shall prioritize— (A) removal of dams that pose a significant public safety hazard; and (B) non-powered dams the removal of which will provide significant ecological value. (d) Execution of projects and activities (1) In general A participating agency that receives assistance under this section may enter into cooperative agreements with non-Federal interests— (A) to carry out dam removal projects; (B) to provide technical assistance; or (C) to provide assistance to a non-Federal technical assistance program. (2) Nongovernmental organizations Notwithstanding section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any dam removal project, the Secretary, in consultation and coordination with appropriate State and local governmental agencies, Indian Tribes, and any impacted stakeholders, may allow a nongovernmental organization to serve as the non-Federal interest for the project. (3) Public notice For any dam removal activity carried out with a funding allocation, the participating agency shall provide public notice in accordance with applicable regulations and requirements of the participating agency. (4) Geographic equity To the maximum extent practicable, in carrying out activities under this title, participating agencies shall allocate amounts from the funding allocation of the agency equitably among regions of the United States. (e) Eligible costs A funding allocation may be used for all dam removal and related project needs, including— (1) engineering, scientific assessment, economic analysis, construction, project management, technical assistance, acquisition, liability insurance, monitoring, regulatory compliance, updating flood hazard mapping as needed for project implementation, project administration, infrastructure protection, and sediment management; (2) all stages of project planning and design; (3) Federal, State, Tribal, and non-Federal dam removal technical assistance programs to identify projects, complete initial project stages, train project managers and others involved in dam removal projects, and provide technical assistance; (4) establishment of collaborative Federal teams to increase efficiency of evaluation and removal of federally owned dams; and (5) monitoring under subsection (h). (f) Cooperative agreement (1) In general The Secretary shall enter into a cooperative agreement with each participating agency to provide the funding allocation determined by the Secretary for the participating agency. (2) Supplement, not supplant A funding allocation provided under this title shall supplement and not supplant amounts otherwise made available to the participating agency. (g) Federal share The Federal share of the cost of a dam removal project carried out under this title shall be 100 percent, unless a different Federal share is required by the program of the participating agency under which the project is being carried out. (h) Monitoring (1) Costs The costs of monitoring a dam removal project— (A) shall be an eligible use of a funding allocation; and (B) may be included in the total cost of the dam removal project. (2) Goals The goals of monitoring referred to paragraph (1) shall be— (A) to measure the safety and effectiveness of the project; and (B) to allow adaptive management to ensure project success. 204. Establishment of Dam Removal Council (a) Council There is established a council to be known as the Dam Removal Council . (b) Duties The Council shall be responsible for— (1) coordinating participating agencies to annually (or as otherwise determined by the Council)— (A) notify all known dam owners of the availability of dam removal funding, application procedures, and options for technical assistance; and (B) provide guidance on the existing programs of participating agencies; (2) evaluating the proposed dam removal projects, technical assistance programs, and funding allocations submitted by participating agencies under section 203(c)(1)(A)(ii); (3) submitting to the Secretary recommended dam removal projects, technical assistance programs, and funding allocations for participating agencies as described in section 203(c)(1)(B)(ii); (4) serving as a forum— (A) to identify and address limiting factors to removing dams; and (B) to address programmatic challenges; (5) providing advice on the development of the database and report required under section 207; and (6) collaborating with the agencies represented on the Council to maximize the benefits of this title. (c) Membership (1) Members Subject to paragraph (2), the Council shall consist of the following members: (A) The Secretary. (B) The Director of the National Oceanic and Atmospheric Administration. (C) The Director of the United States Fish and Wildlife Service. (D) The Commissioner of the Bureau of Reclamation. (E) The Chief of the Natural Resources Conservation Service. (F) The Chief of the Forest Service. (G) The Administrator of the Federal Emergency Management Agency. (H) The Administrator of the Environmental Protection Agency. (I) The Chair of the Council on Environmental Quality. (J) The Chairman of the Federal Energy Regulatory Commission. (K) The Director of the Water Power Technologies Office of the Department of Energy. (2) Authority to change membership The Council may modify the membership of the Council to more effectively meet the purposes of this title. (3) Collaboration The Council may collaborate with other Federal agencies regarding the duties of the Council and recommend to the Secretary to enter into agreements with those agencies to more effectively meet the purposes of this title, such as an agreement relating to the provision of data or research necessary to carry out dam removal projects. (4) Compensation A member of the Council shall serve without compensation. (5) Chair (A) In general The initial Chair of the Council shall be the Chair of the Council on Environmental Quality. (B) Subsequent chairs Every 2 years, after completion of a report under section 207, the Council shall select a new Chair of the Council. (C) Duties The Chair shall coordinate with agencies represented on the Council— (i) to develop effective and efficient processes to identify, prioritize, and implement dam removal projects; and (ii) to simplify and clarify the dam removal process. (d) Meetings (1) First meeting The Chair shall convene the first meeting of the Council not later than 60 days after the date of enactment of this Act. (2) Additional meetings The Chair shall convene additional meetings of the Council as appropriate to ensure that this title is fully carried out, but not less often than annually. (e) Council procedures The Council shall establish procedures for voting, the conduct of meetings, and other matters as appropriate. (f) Public participation (1) In general Meetings of the Council shall be open to the public. (2) Notice The Council shall provide notice to the public of a meeting of the Council. (g) Advice The Council shall consult with the Advisory Board— (1) to assist the Council in the development of the dam removal strategy to be developed under section 206; (2) to provide input on project identification criteria; and (3) to provide input on proportional distribution of funds to participating agencies. 205. Establishment of Dam Removal Advisory Board (a) Advisory board The Chair of the Council shall establish a Dam Removal Advisory Board to provide advice and recommendations on the implementation of this title. (b) Membership The Advisory Board shall include 12 members appointed by the Chair, of whom— (1) 2 members shall be representatives of Indian Tribes; (2) 2 members shall be representatives of State government agencies that manage or provide funds for dam removal projects or regulate dam safety; (3) 3 members shall be representatives of nongovernmental organizations that manage or provide technical assistance for dam removal projects; (4) 2 members shall be representatives of nongovernmental organizations that work to improve dam safety practices; and (5) 3 members shall be representatives of organizations representing dam owners. (c) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. 206. Dam removal strategy (a) In general Not later than 18 months after the date of enactment of this Act, the Council shall develop a dam removal strategy— (1) to ensure a comprehensive approach to remove dams that— (A) pose the greatest threat to public safety; (B) provide the greatest opportunity for environmental restoration; and (C) are consistent with efforts to address climate change and adaptation; (2) to maximize benefits derived from dam removal projects; and (3) to foster the coordination of Federal and non-Federal activities related to dam removal. (b) Goal The goal of the dam removal strategy under subsection (a) shall be to improve public safety and restore healthy rivers by reconnecting at least 10,000 miles of river by 2026. (c) Elements of strategy The dam removal strategy under subsection (a) shall— (1) identify limiting factors to completing dam removal projects and strategies for overcoming those limiting factors; (2) utilize the selection factors and priorities described in section 203(c); (3) optimize the benefits of dam removal activities, including basin-scale fish passage planning; (4) maximize the incentives for the creation of new public-private partnerships to carry out dam removal projects and the use of Federal resources to encourage increased private sector involvement in dam removal projects; (5) identify opportunities for Federal agency collaboration to remove dams that are no longer needed from Federal land; (6) be consistent with dam removal, habitat restoration, and public safety plans; (7) promote dam removal projects— (A) to meet the criteria in section 203(c)(3); and (B) to address other areas of concern that the Council determines to be appropriate for consideration; and (8) provide recommendations for broad and equitable geographic distribution of projects funded under this title. (d) Public review and comment Before the Council adopts a dam removal strategy under subsection (a), the Council shall— (1) publish in the Federal Register a draft of the dam removal strategy; and (2) provide an opportunity for public review and comment. (e) No delay of dam removal projects Development of the dam removal strategy under subsection (a)— (1) shall occur concurrently with implementation of dam removal projects and technical assistance under this Act; and (2) shall not delay progress of those projects and activities. (f) Periodic revision Using data and information developed through project monitoring and management, and other relevant information, the Council may periodically review and update, as necessary, the dam removal strategy under subsection (a). 207. Reporting (a) In general Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary, after considering the advice and recommendations of the Council and Advisory Board, shall submit to Congress a report on the activities carried out under this title. (b) Contents of report A report under subsection (a) shall include— (1) data on— (A) the number of dams removed, river miles opened, public safety benefits, and aquatic ecosystem benefits achieved through projects under this title; and (B) participating agency expenditures, project costs, and descriptions of projects selected, in progress, and completed under this title; (2) a review of project expenses, identifying areas of opportunity for reducing future project expenses; (3) a review of how the information described in paragraphs (1) and (2) will be incorporated into the selection and implementation of new dam removal projects; (4) a review of efforts made to maintain an appropriate database of dam removal projects carried out under this title; and (5) a review of the measures taken to provide the information described in paragraphs (1) through (3) to Federal agencies with responsibility for assisting in the dam removals. 208. Funding (a) Authorization of appropriations There is authorized to be appropriated to carry out this title $7,500,000,000, to remain available until expended. (b) Technical assistance funding allocations Of the amounts made available under subsection (a)— (1) not less than $50,000,000 shall be allocated for the costs of administration, environmental compliance, and technical assistance to carry out this title; and (2) not less than $30,000,000 shall be allocated to non-Federal dam removal technical assistance programs. (c) Set-Aside for administrative expenses of the Council Of the amounts made available under subsection (a) for each fiscal year, the Secretary shall use for administration and operating costs of the Council and for development of the report under section 207, including the collection and maintenance of dam removal project data, the lesser of— (1) 3 percent; and (2) $1,500,000. 209. General provisions (a) Agency consultation and coordination In carrying out this title, the Secretary shall, as necessary, consult with, cooperate with, and coordinate activities with the activities of other Federal agencies. (b) Cooperative agreements; memoranda of understanding In carrying out this title, the Secretary and other Federal agencies, as appropriate, may— (1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and (2) execute such memoranda of understanding as are necessary to reflect the agreements. (c) Federal agency facilities and personnel Federal agencies may— (1) cooperate in carrying out scientific and other programs necessary to carry out this title; and (2) provide facilities and personnel for the purpose of assisting the Council in carrying out the duties of the Council under this title. III Reimagined Federal Dams 301. National dam assessment (a) In general The National dam assessment will assimilate data to provide for stakeholders to determine whether a dam may be an appropriate candidate to remove, upgrade, enhance environmental performance, or retrofit for hydropower production. The assessment is intended for data gathering and analysis tools and will not make recommendations on individual dams. (b) Dam assessments and data gathering (1) In general The United States Geological Survey and the Department of Energy (Lead agencies) shall jointly conduct an assessment of the nation’s dam infrastructure, including government and privately owned powered and non-powered dams. In conducting its assessment, the Lead agencies shall consult with other Federal and State government agencies, including the Corps of Engineers, the Bureau of Reclamation, the Federal Energy Regulatory Commission, the Federal Emergency Management Agency, the United States Fish and Wildlife Service, the National Oceanic Atmospheric Administration, State dam safety officials, and other stakeholders. (2) Purpose The purpose of the assessment is to integrate existing data to help stakeholders identify— (A) dams that continue to serve vital roles and may be priorities for upgrades, environmental performance enhancements, or retrofits to add or replace generation at powered and non-powered facilities; and (B) dams that may have been abandoned, have reached the end of their useful life, or otherwise may be candidates for removal and river restoration. (3) Content (A) The Lead agencies shall, in consultation with the other Federal and State agencies, the Dam Removal Council established under section 304, as well as other stakeholders, develop a set of data and other factors relevant to dam upgrades, retrofit and removal, including but not limited to age, height, water flow, hazard classifications, condition assessment, environmental improvement opportunities, climate change risks, known functions and other factors determined by the Lead agencies to meet the goals of the assessment. (B) At the time of submission of the report to Congress, the Lead agencies shall make the assessment publicly available in a written and an electronically searchable format. (C) The Lead agencies shall, to the extent possible, compile pre-existing information from Federal and State government sources and avoid duplicating existing assessments of any particular dam, facility, or project. 302. Federal dam assessments (a) In general Federal agencies that own dams shall assess their dams to identify which should be removed, upgraded, enhanced for environmental performance, or retrofitted for hydropower production. (b) Criteria The lead agencies under section 301(b) will work with dam-owning Federal agencies and the Dam Removal Council to develop criteria for agencies to use to complete the assessments. (c) Assessment Using the criteria from subsection (b), Federal agencies that own dams shall assess their dams to identify those appropriate for the outcomes in subsection (a) or other outcomes determined by the lead agencies. (d) Outcomes Those outcomes identified by the assessment should not be compelled, but should inform future action by the agencies. 303. Report The Secretary shall submit to the Committees on Energy and Commerce, Resources, and Transportation and Infrastructure of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings and conclusions of the assessments under this section by not later than 18 months after the date of the enactment of this Act. The assessment and report to Congress shall be updated every 3 years thereafter. 304. Investing in Federal dam infrastructure (a) Corps of Engineers (1) In general There is authorized to be appropriated to the Corps of Engineers $1,600,000,000 for fiscal years 2022 through 2026 for the following dam-related activities: (A) Safety improvements, including concrete repair, tunnel work, and gate repair and replacement. (B) Environmental improvements, including fish passage, environmental flows, water quality, temperature, and dissolved oxygen upgrades. (C) Hydropower unit maintenance and upgrades. (D) Transmission, distribution, and substation upgrades. (E) Control room upgrades. (F) Efficiency, flexibility, and capacity improvements. (G) Deployment of innovative technologies, none of the funds authorized under this section shall have to be recouped by the Corps of Engineers. (H) Evaluation to address disposition to appropriately direct expenditures. (I) Backlogged maintenance and operation activities. (2) No recoupment Notwithstanding any other provision of law, the Corps of Engineers shall not be required to recoup any amounts authorized under this subsection. (b) Bureau of Reclamation (1) In general There is authorized to be appropriated to the Bureau of Reclamation $400,000,000 for each of fiscal years 2022 through 2026 for the following dam-related activities: (A) Safety improvements, including concrete repair, tunnel work, and gate repair and replacement. (B) Environmental improvements, including fish passage, environmental flows, water quality, temperature, and dissolved oxygen upgrades. (C) Hydropower unit maintenance and upgrades. (D) Transmission, distribution, and substation upgrades. (E) Control room upgrades. (F) Backlogged operations and maintenance activities. (G) Upgrades, efficiency, flexibility, and capacity improvements. (H) Deployment of innovative technologies. (I) Evaluation to address disposition to appropriately direct expenditures. (2) No recoupment Notwithstanding any other provision of law, the Bureau of Reclamation shall not be required to recoup any amounts authorized under this subsection. (c) United States Forest Service There is authorized to be appropriated to the United States Forest Service $70,000,000 for each of fiscal years 2022 through 2026 for the following dam-related activities: (1) Safety improvements. (2) Environmental improvements. (3) Backlogged operations and maintenance activities. (4) Upgrades, efficiency, flexibility, and capacity improvements. (5) Deployment of innovative technologies. (6) Evaluation to address disposition to appropriately direct expenditures. (d) Bureau of Indian Affairs (1) In general There is authorized to be appropriated to the Bureau of Indian Affairs $130,000,000 for each of fiscal years 2022 through 2026 for the following dam-related activities: (A) Safety and environmental improvements. (B) Backlogged operations and maintenance activities. (C) Upgrades, efficiency, flexibility, and capacity improvements. (D) Deployment of innovative technologies. (E) Evaluation to address disposition to appropriately direct expenditures. (2) No recoupment Notwithstanding any other provision of law, the Bureau of Indian Affairs shall not be required to recoup any amounts authorized under this subsection. (e) Department of Energy There is authorized to be appropriated to the Department of Energy $50,000,000 for each of fiscal years 2022 through 2026 for the following activities: (1) An assessment of the dam infrastructure of the United States under section 301(b). (2) Research, development, and deployment to support— (A) innovative waterpower technologies; (B) technologies to improve retrofitting and rehabilitating hydropower dams; and (C) furthering the contribution of hydropower to grid resilience. | https://www.govinfo.gov/content/pkg/BILLS-117s2356is/xml/BILLS-117s2356is.xml |
117-s-2357 | II 117th CONGRESS 1st Session S. 2357 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mrs. Feinstein (for herself, Mrs. Gillibrand , Ms. Klobuchar , Mr. Padilla , Ms. Rosen , Mrs. Shaheen , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To fight homelessness in the United States by authorizing a grant program within the Health Resources and Services Administration for housing programs that offer comprehensive services and intensive case management for homeless individuals and families.
1. Short title This Act may be cited as the Fighting Homelessness Through Services and Housing Act . 2. Establishment of grant program (a) In general The Administrator of the Health Resources and Services Administration (referred to in this section as the Administrator ), in consultation with the working group established under subsection (b), shall establish a grant program to award competitive grants to eligible entities for the planning and implementation of programs to address homelessness. (b) Working group The Administrator shall establish an interagency working group to provide advice to the Administrator in carrying out the program under subsection (a). The working group shall include representatives from the United States Interagency Council on Homelessness, Department of Education, Department of Health and Human Services, Department of Housing and Urban Development, Department of Labor, Department of Transportation, Department of Veterans Affairs, Department of Agriculture, Department of the Treasury, Department of Justice, and Bureau of Indian Affairs. (c) Types of grants (1) Implementation grants (A) In general Under the program under subsection (a), the Administrator shall award 5-year implementation grants to eligible entities to assist such entities in carrying out activities, and paying capital building costs, associated with the provision of housing and services to homeless individuals and families, including homeless children and youths (as defined by section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a )), or those at risk of becoming homeless. (B) Amount The amount awarded to an entity under a grant under this paragraph shall not exceed $25,000,000. (C) Matching requirement With respect to the costs of the activities to be carried out by an entity under a grant under this paragraph, the entity shall make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that equals 25 percent of the amount of the grant. (2) Planning grants (A) In general Under the program under subsection (a), the Administrator shall award 1-year planning grants to eligible entities to assist such entities in developing comprehensive plans to address homelessness in the communities and regions served by such entities or to enhance the effectiveness of existing programs that serve homeless individuals and families, including homeless children and youths (as defined by section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a )), or those at risk of becoming homeless. (B) Amount The amount awarded to an entity under a grant under this paragraph shall not exceed $100,000, and such amount shall not be subject to any matching requirement. (d) Eligibility (1) In general To be eligible to receive a grant under the program under subsection (a), an entity shall— (A) be a governmental entity (at the county, city, regional, or locality level), Indian tribe, or tribal organization; (B) demonstrate that the capacity of the entity for providing services under the grant includes the ability to address mental health, substance use disorder and recovery services, disabling or other chronic health conditions, educational and job training or employment outcomes, and life skills needs (including financial literacy); and (C) submit to the Administrator an application that includes an assurance that, in carrying out activities under the grant, the entity will— (i) ensure stable housing, intensive case management, and comprehensive services that include, at minimum, mental health, substance use disorder treatment and recovery services, education and job training, age-appropriate services for children, and life skills training (such as financial literacy training); (ii) coordinate with the population to be served by the entity to ensure that supportive services are tailored to meet the specific and actual needs of the individuals and families served; (iii) coordinate with local law enforcement, courts (including specialized courts), probation, and other public services agencies to conduct outreach and better identify at-risk or homeless populations that would benefit from services offered by the entity; (iv) follow trauma-informed best practices to address the needs of the populations to be served; (v) provide services under the grant on-site or in-home as appropriate; (vi) provide assistance in addressing the transportation needs of individuals for services provided under the grant off-site; and (vii) comply with additional requirements, if the entity intends to serve families with children under the grant, to ensure— (I) that services include children’s behavioral and mental health services, early childhood education, regular and age-appropriate children’s programming and activities, child health, development, and nutrition screening (including coordination of medical and well-child services), and parenting classes and support programs; (II) in conditions where family housing is provided in a central facility and not in mixed units in a commercial building, that a safe space for play and age-appropriate activities is available on-site and has regular hours of operation; and (III) that the entity has in place protocol for staff training and best practices to identify and prevent child trafficking, abuse, and neglect. (2) Case management An entity receiving a grant under this section shall ensure that case management provided by the entity under the grant does not exceed a ratio of 1 caseworker to 20 cases. (3) Partnerships An entity may enter into a partnership with more than one provider that may include a local health agency, non-profit service providers, medical and mental health providers, housing providers, and other service providers as necessary. (e) Oversight requirements (1) Annual reports Not later than 1 year after the date on which a grant is received by an entity under subsection (a), and annually thereafter for the term of the grant, such entity shall submit to the Administrator a report on the activities carried out under the grant. Such report shall include, with respect to activities carried out under the grant in the community served, measures of outcomes relating to— (A) whether individuals and families who are served continued to have housing and did not experience intermittent periods of homelessness; (B) whether individuals and families who are served see improvements in their physical and mental health, have access to a specific primary care provider, promptly receive any needed health care, and have a health care plan that meets their individual needs (including access to mental health and substance use treatment as applicable, and family-based treatment models); (C) whether children who are served are enrolled in school, attend regularly, and are receiving services to meet their educational needs; (D) whether children who are served have access to trauma-informed mental health care and screening for any mental and behavioral health needs, as well as other services to meet their needs, as appropriate; (E) how grant funds are used; and (F) other matters determined appropriate by the Administrator. (2) Rule of construction Nothing in this subsection shall be construed to condition the receipt of future housing and other services by individuals under the grant on the outcomes detailed in the reports submitted under paragraph (1). (f) Definition In this section, the terms Indian tribe and tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ) and shall include tribally designated housing entities (as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(22) )) and entities that serve Native Hawaiians (as defined in section 338K(c) of the Public Health Service Act ( 42 U.S.C. 254s(c) )). (g) Authorization of appropriations There is authorized to be appropriated to carry out this section, $1,000,000,000 for each of fiscal years 2022 through 2027, of which— (1) not less than 5 percent of such funds shall be awarded to Indian tribes and tribal organizations; (2) $5,000,000 shall be made available for planning grants under subsection (c)(2); and (3) the remainder shall be made available for implementation grants under subsection (c)(1). | https://www.govinfo.gov/content/pkg/BILLS-117s2357is/xml/BILLS-117s2357is.xml |
117-s-2358 | II 117th CONGRESS 1st Session S. 2358 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Carper (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide flexibility under the Federal Unemployment Compensation program.
1. Short title This Act may be cited as the Workforce Support and Flexibility Act of 2021 . 2. Flexibility under the Federal Unemployment Compensation program Section 2104(b)(3)(A) of the CARES Act ( 15 U.S.C. 9023(b)(3)(A) ) is amended— (1) in clause (ii), by striking September 6, 2021 and inserting the date of the enactment of the Workforce Support and Flexibility Act of 2021 ; and (2) by adding at the end the following: (iii) For weeks of unemployment ending after the date of the enactment of the Workforce Support and Flexibility Act of 2021 , and ending on or before September 6, 2021, $300 (or, upon written notice by the State to the Secretary, an amount established by the State that is less than $300 (but not less than $1). . | https://www.govinfo.gov/content/pkg/BILLS-117s2358is/xml/BILLS-117s2358is.xml |
117-s-2359 | II 117th CONGRESS 1st Session S. 2359 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Kennedy (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide emergency assistance for disaster response and recovery, and for other expenses, directly related to Hurricanes Laura, Delta, or Zeta.
1. Short title This Act may be cited as the Gulf Coast Hurricane Aid Act of 2021 . 2. Emergency assistance through the Community Development Block Grant (a) In general In addition to amounts otherwise appropriated, out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated to the Community Development Fund , for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing, and economic revitalization in areas in States for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 ( 42 U.S.C. 5170 et seq. ) related to Hurricane Laura, Delta, or Zeta, $1,100,000,000, to remain available until expended, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (b) Deposit of C-Band spectrum auction proceeds in Treasury Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ) is amended— (1) in subparagraph (A), by striking and (G) and inserting (G), and (H) ; (2) in subparagraph (C)(i), by striking and (G) and inserting (G), and (H) ; and (3) by adding at the end the following: (H) C-band auction proceeds Notwithstanding subparagraph (A), and except as provided in subparagraph (B), of the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection to award licenses in the band of frequencies between 3700 megahertz and 3980 megahertz (designated by the Commission as Auction 107 ), $1,100,000,000 shall be deposited in the general fund of the Treasury and used for emergency assistance under section 2(a) of the Gulf Coast Hurricane Aid Act of 2021 . . | https://www.govinfo.gov/content/pkg/BILLS-117s2359is/xml/BILLS-117s2359is.xml |
117-s-2360 | II 117th CONGRESS 1st Session S. 2360 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to issue rules that prohibit officers and directors of certain companies from trading securities in anticipation of a current report, and for other purposes.
1. Short title This Act may be cited as the 8–K Trading Gap Act of 2021 . 2. Prohibition on certain trading in anticipation of a current report The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 10D ( 15 U.S.C. 78j–4 ) the following: 10E. Prohibition on certain trading in anticipation of a current report (a) Prohibition Not later than 1 year after the date of enactment of this section, the Commission shall issue rules that require each issuer that is subject to reporting requirements under section 13(a) or 15(d) to establish and maintain policies, controls, and procedures that are reasonably designed to prohibit executive officers and directors of the issuer from purchasing, selling, or otherwise transferring any equity security of the issuer, directly or indirectly— (1) with respect to an event described in any of sections 1 through 6 of Form 8–K, during the period beginning on the date on which the event occurs and ending on the date on which the issuer files or furnishes a current report on Form 8–K with respect to the event; and (2) with respect to an event described in section 7 or 8 of Form 8–K, during the period beginning on the date on which the issuer determines that the issuer will disclose the event and ending on the date on which the issuer files or furnishes a current report on Form 8–K with respect to the event. (b) Permissible transactions In issuing rules under subsection (a), the Commission— (1) may exempt from those rules certain transactions as the Commission determines to be appropriate, including those transactions that— (A) occur automatically; (B) are made pursuant to an advance election; or (C) except as provided in paragraph (2), involve a purchase or sale of equity securities that satisfies the conditions under section 240.10b5–1(c) of title 17, Code of Federal Regulations; (2) may not exempt from those rules a transaction made by an executive officer or director of an issuer under a plan that— (A) is described in section 240.10b5–1(c)(1)(i)(A)(3) of title 17, Code of Federal Regulations; and (B) was adopted— (i) with respect to an event described in sections 1 through 6 of Form 8–K, during the period beginning on the date on which the event occurred and ending on the date on which the issuer files or furnishes a current report on Form 8–K with respect to the event; and (ii) with respect to an event described in section 7 or 8 of Form 8–K, during the period beginning on the date on which the issuer determines that the issuer will disclose the event and ending on the date on which the issuer files or furnishes a current report on Form 8–K with respect to the event; and (3) shall exempt from those rules— (A) issuers that are required to adopt and administer a code of ethics under section 270.17j–1 of title 17, Code of Federal Regulations, and any other issuer registered under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ), the investment advisers of which are required to adopt and administer a code of ethics under section 275.204A–1 of title 17, Code of Federal Regulations; and (B) any event— (i) that is described in any of sections 1 through 6 of Form 8–K; and (ii) with respect to which the issuer has announced the event in a press release or other method of dissemination that complies with the requirements of section 243.101(e)(2) of title 17, Code of Federal Regulations. (c) Rule of construction Any reference in this section to a rule, including any reference to Form 8–K, shall be construed to refer to that rule, including that version of Form 8–K, as in effect on the date of enactment of this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2360is/xml/BILLS-117s2360is.xml |
117-s-2361 | II 117th CONGRESS 1st Session S. 2361 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Reed (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the budget-neutral demonstration program for energy and water conservation at multifamily residential units, to establish a green retrofit program, and for other purposes.
1. Short title This Act may be cited as the Green Retrofits Act . 2. Reauthorization of budget-neutral demonstration program Section 81001 of the FAST Act ( 42 U.S.C. 12712 note; Public Law 114–94 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) by striking 2016 through 2019 and inserting 2022 through 2027 ; (B) by striking costs and inserting burdens and greenhouse gas emissions ; and (C) by striking 20,000 and inserting 35,000 ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking an energy or water cost savings is and inserting energy or water costs savings are ; (ii) in subparagraph (C)(iv), by striking determination of savings to the Secretary and inserting validation of subsidy amounts from the Department of Housing and Urban Development required to support actual utility costs ; and (iii) by striking the undesignated matter following subparagraph (C); and (B) in paragraph (2)— (i) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (G), respectively; (ii) in subparagraph (A), by striking effect and during and inserting “effect; (B) the period during ; (iii) in subparagraph (B), as so designated, by striking 12 years and inserting 15 years ; (iv) in subparagraph (D), as so redesignated, by inserting property or before properties ; (v) in subparagraph (E), as so redesignated, by striking and at the end; and (vi) by inserting after subparagraph (E), as so redesignated, the following: (F) a requirement that the costs associated with third-party verification under paragraph (1)(C) shall be covered by the entity; and ; (3) in subsection (c)(2), in the matter preceding subparagraph (A), by striking annually thereafter and inserting biennially thereafter until the date on which the final performance-based agreement under this section ends ; and (4) by striking subsection (d) and inserting the following: (d) Funding (1) In general For each fiscal year during which an agreement under this section is in effect, the Secretary may make payments under this section from funds appropriated to the Secretary for the renewal of contracts under the program established under subsection (a). (2) Evaluation and reports The Secretary may use amounts appropriated to carry out this section to contract for services to perform the program evaluations and produce the reports required under subsection (c). (3) Approval of utility savings Obligations of amounts available for payments pursuant to this subsection shall not arise until the Secretary has approved the documented utility savings submitted by the entity and verified by the third party for that annual increment and determined that actual savings did occur and payments may be made. . 3. Green retrofit program (a) Definitions In this section: (1) Covered property The term covered property means a multifamily residential property receiving project-based assistance under— (A) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (B) section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); or (C) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (2) Eligible entity the term eligible entity means the owner of a covered property. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment The Secretary shall establish a program to provide grants or loans to eligible entities for the purpose of performing in-home health and green retrofits to covered properties. (c) Purpose The purpose of the program established under subsection (b) shall be to, with respect to a covered property— (1) reduce the energy demand, water consumption, or greenhouse gas emissions of the covered property; (2) increase the adoption of renewable energy technologies, including energy storage and demand response capable technology, and energy efficiency measures in the covered property; (3) lower the operating costs of the covered property; (4) improve the quality of life of residents of the covered property; (5) reduce risks to the health and safety of residents of the covered property; and (6) reduce the overall impact on the environment of the covered property. (d) Equitable distribution In awarding grants or loans under this section, the Secretary shall ensure the equitable geographic distribution of awards. (e) Regulations (1) In general The Secretary may promulgate regulations to carry out the program established under subsection (b). (2) Consultation In carrying out paragraph (1), the Secretary shall consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Director of the Centers for Disease Control and Prevention to the maximum extent practicable. | https://www.govinfo.gov/content/pkg/BILLS-117s2361is/xml/BILLS-117s2361is.xml |
117-s-2362 | II 117th CONGRESS 1st Session S. 2362 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require rulemaking by the Administrator of the Federal Emergency Management Agency to address considerations in evaluating the need for public and individual disaster assistance, and for other purposes.
1. Short title This Act may be cited as the Fairness in Federal Disaster Declarations Act of 2021 . 2. Regulatory action required (a) In general Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this Act referred to as the Administrator and FEMA , respectively) shall amend the rules of the Administrator under section 206.48 of title 44, Code of Federal Regulations, as in effect on the date of enactment of this Act, in accordance with the provisions of this Act. (b) New criteria required The amended rules issued under subsection (a) shall provide for the following: (1) Public assistance program Such rules shall provide that, with respect to the evaluation of the need for public assistance— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) estimated cost of the assistance, 10 percent; (ii) localized impacts, 40 percent; (iii) insurance coverage in force, 10 percent; (iv) hazard mitigation, 10 percent; (v) recent multiple disasters, 10 percent; (vi) programs of other Federal assistance, 10 percent; and (vii) economic circumstances described in subparagraph (B), 10 percent; and (B) FEMA shall consider the economic circumstances of— (i) the local economy of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State; and (ii) the economy of the State, including factors such as the unemployment rate of the State, as compared to the national unemployment rate. (2) Individual assistance program Such rules shall provide that, with respect to the evaluation of the severity, magnitude, and impact of the disaster and the evaluation of the need for assistance to individuals— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) concentration of damages, 20 percent; (ii) trauma, 20 percent; (iii) special populations, 20 percent; (iv) voluntary agency assistance, 10 percent; (v) insurance, 20 percent; (vi) average amount of individual assistance by State, 5 percent; and (vii) economic considerations described in subparagraph (B), 5 percent; and (B) FEMA shall consider the economic circumstances of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State. (c) Effective date The amended rules issued under subsection (a) shall apply to any disaster for which a Governor requested a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and was denied on or after January 1, 2012. | https://www.govinfo.gov/content/pkg/BILLS-117s2362is/xml/BILLS-117s2362is.xml |
117-s-2363 | II 117th CONGRESS 1st Session S. 2363 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Burr (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to make technical amendments to the separate payment under the Medicare program for disposable negative pressure wound therapy devices.
1. Short title This Act may be cited as the Better Wound Care at Home Act . 2. Technical amendments to medicare separate payment for disposable negative pressure wound therapy devices (a) In general Section 1834(s) of the Social Security Act ( 42 U.S.C. 1395m(s) ) is amended— (1) in paragraph (1), by adding at the end the following new sentence: Effective as of January 1, 2022, such separate payment shall be a national payment rate established each year for the applicable disposable device itself, and not for the related professional services or home visit to furnish the device, and shall be made under the prospective payment system established under section 1895, as an add-on payment for the device in addition to other payments available to a home health agency under such section. ; (2) in paragraph (3), by adding at the end the following new sentences: In calculating the separate payment amount for applicable disposable devices in a given year, the Secretary shall assume no facility level adjustments are applied and the wage adjustment factor shall be 1.0, regardless of the wage adjustment factor that would otherwise apply under section 1833(t). The separate payment for the applicable disposable device shall be made under the prospective payment system established under section 1895, and nothing in this paragraph shall be construed to authorize the separate payment for the applicable disposable device to be under a different payment system. ; and (3) by adding at the end the following new paragraph: (4) Implementation As part of submitting claims eligible for or related to the separate add-on payment established under this subsection, the Secretary shall accept and process claims submitted using the type of bill that is most commonly used by home health agencies to bill services under a home health plan of care, and the Secretary shall not require home health agencies to account for the time spent applying the applicable disposable device separately from the time spent treating other conditions or to submit claims for payment under a payment system other than the prospective payment system established under section 1895. Notwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise. . | https://www.govinfo.gov/content/pkg/BILLS-117s2363is/xml/BILLS-117s2363is.xml |
117-s-2364 | II 117th CONGRESS 1st Session S. 2364 IN THE SENATE OF THE UNITED STATES July 15, 2021 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for demonstration grants and create a Federal Work Group to reduce and prevent the incidence of teen dating violence.
1. Short title This Act may be cited as Bree’s Law . 2. Teen dating violence prevention Section 1708 of the Public Health Service Act ( 42 U.S.C. 300u–7 ) is amended by— (1) striking subsection (c) and inserting the following: (c) Certain demonstration projects (1) In general In carrying out subsection (b)(3), the Secretary may make grants to carry out demonstration projects for the purpose of improving adolescent health, including— (A) projects to train health care providers in providing services to adolescents; and (B) projects to reduce the incidence of violence among adolescents, particularly violence related to teen dating, which shall include projects to develop and implement educational program to increase abuse awareness and prevention. (2) Authorization of appropriations For the purpose of carrying out paragraph (1), there are authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2026. ; and (2) by adding at the end the following: (g) Interagency work group (1) Establishment The Secretary shall establish the Federal Interagency Work Group on Teen Dating Violence (referred to in this section as the Work Group ). (2) In general (A) Composition Not later than 120 days after the date of enactment of Bree’s Law , the Secretary shall appoint representatives to the Work Group from the Administration for Children and Families, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Department of Education, the Department of Justice, and other Federal agencies as determined appropriate by the Secretary. (B) Consultation The Work Group shall consult with— (i) experts at the State, Tribal, and local levels with relevant backgrounds in reducing and preventing the incidence of teen dating violence; (ii) victims of teen dating violence; and (iii) family members of teens who were killed by a dating partner. (3) Duties The Work Group shall— (A) examine all Federal efforts directed towards reducing and preventing teen dating violence; (B) identify strategies, resources, and supports to improve State, Tribal, and local responses to the incidence of teen dating violence; (C) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent teen dating violence; and (D) make recommendations for educating middle and high school students on teen dating violence. (4) Annual report to Secretary The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent teen dating violence. . | https://www.govinfo.gov/content/pkg/BILLS-117s2364is/xml/BILLS-117s2364is.xml |
117-s-2365 | II 117th CONGRESS 1st Session S. 2365 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Ossoff 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 Government share of the cost of certain planning activities, and for other purposes.
1. Short title This Act may be cited as the Local Transit Planning Support Act . 2. Planning programs Section 5305 of title 49, United States Code, is amended by striking subsection (f) and inserting the following: (f) Government share of costs (1) In general Except as provided in paragraph (2)(A), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government— (A) not to require a State or local match; or (B) to allow a Government share greater than 80 percent. (2) Certain activities (A) In general The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to— (i) the applicable urbanized area; (ii) the applicable rural area; (iii) an adjoining urbanized area; or (iv) an adjoining rural area. (B) Report A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels. . | https://www.govinfo.gov/content/pkg/BILLS-117s2365is/xml/BILLS-117s2365is.xml |
117-s-2366 | II 117th CONGRESS 1st Session S. 2366 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Cardin (for himself, Ms. Klobuchar , Mr. Van Hollen , Mr. Booker , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To direct the Joint Committee of Congress on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the Capitol with a bust of Thurgood Marshall to be obtained by the Joint Committee of Congress on the Library and to remove certain statues from areas of the Capitol which are accessible to the public, to remove all statues of individuals who voluntarily served the Confederate States of America from display in the Capitol, and for other purposes.
1. Replacement of bust of Roger Brooke Taney with bust of Thurgood Marshall (a) Findings Congress finds the following: (1) While sitting in the Capitol, the Supreme Court issued the infamous Dred Scott v. Sandford decision on March 6, 1857. Written by Chief Justice Roger Brooke Taney, whose bust sits inside the entrance to the Old Supreme Court Chamber in the Capitol, this opinion declared that African Americans were not citizens of the United States and could not sue in Federal courts. This decision further declared that Congress did not have the authority to prohibit slavery in the territories. (2) Chief Justice Roger Brooke Taney’s authorship of Dred Scott v. Sandford, the effects of which would only be overturned years later by the ratification of the 13th, 14th, and 15th Amendments to the Constitution of the United States, renders a bust of his likeness unsuitable for the honor of display to the many visitors to the Capitol. (3) As Frederick Douglass said of this decision in May 1857, This infamous decision of the Slaveholding wing of the Supreme Court maintains that slaves are within the contemplation of the Constitution of the United States, property; that slaves are property in the same sense that horses, sheep, and swine are property; that the old doctrine that slavery is a creature of local law is false; that the right of the slaveholder to his slave does not depend upon the local law, but is secured wherever the Constitution of the United States extends; that Congress has no right to prohibit slavery anywhere; that slavery may go in safety anywhere under the star-spangled banner; that colored persons of African descent have no rights that white men are bound to respect; that colored men of African descent are not and cannot be citizens of the United States. . (4) While the removal of Chief Justice Roger Brooke Taney’s bust from the Capitol does not relieve the Congress of the historical wrongs it committed to protect the institution of slavery, it expresses Congress’s recognition of one of the most notorious wrongs to have ever taken place in one of its rooms, that of Chief Justice Roger Brooke Taney’s Dred Scott v. Sandford decision. (b) Removal of bust of Roger Brooke Taney Not later than 45 days after the date of enactment of this Act, the Joint Committee of Congress on the Library shall remove the bust of Roger Brooke Taney that is in the Old Supreme Court Chamber of the Capitol. (c) Replacement with bust of Thurgood Marshall (1) Obtaining bust Not later than 2 years after the date of enactment of this Act, the Joint Committee of Congress on the Library shall enter into an agreement to obtain a bust of Associate Justice of the Supreme Court of the United States Thurgood Marshall, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. (2) Placement The Joint Committee of Congress on the Library shall place the bust obtained under paragraph (1) in the location in the Old Supreme Court Chamber of the Capitol where the bust of Roger Brooke Taney was located prior to removal under subsection (b). 2. Removal of certain statues and bust (a) Removal Not later than 45 days after the date of enactment of this Act, the Joint Committee of Congress on the Library shall remove the statue of Charles Brantley Aycock, the statue of John Caldwell Calhoun, the statue of James Paul Clarke, and the bust of John Cabell Breckinridge from any area of the Capitol which is accessible to the public. (b) Storage of statues The Architect of the Capitol shall keep any statue and bust removed under subsection (a) in storage until the Architect and the State which provided the statue or bust arrange for the return of the statue or bust to the State. 3. Requirements and removal procedures for statues in National Statuary Hall (a) Requirements Section 1814 of the Revised Statutes ( 2 U.S.C. 2131 ) is amended by inserting (other than persons who served as an officer or voluntarily served in any other position in the Confederate States of America or in the military forces or government of a State while the State was in rebellion against the United States) after military services . (b) Statue removal procedures (1) In general (A) Identification by Architect of the Capitol The Architect of the Capitol shall identify all statues on display in the Capitol that do not meet the requirements of section 1814 of the Revised Statutes ( 2 U.S.C. 2131 ), as amended by subsection (a). (B) Removal by Joint Committee of Congress on the Library The Joint Committee of Congress on the Library shall arrange for the removal of each statue identified by the Architect of the Capitol under subparagraph (A) from the Capitol by not later than 120 days after the date of enactment of this Act. (2) Removal and return of statues (A) In general Subject to subparagraph (C), the Architect of the Capitol shall arrange to transfer and deliver any statue that is removed under this subsection to the Smithsonian Institution. (B) Storage or display of statues The Board of Regents of the Smithsonian Institution shall follow the policies and procedures of the Smithsonian Institution, as in effect on the day before the date of enactment of this Act, regarding the storage and display of any statue transferred under subparagraph (A). (C) State requests A statue provided for display by a State that is removed under this subsection shall be returned to the State, and the ownership of the statue transferred to the State, if the State so requests and agrees to pay any costs related to the transportation of the statue to the State. (3) Replacement of statues A State that has a statue removed under this subsection may replace such statue in accordance with the requirements and procedures of section 1814 of the Revised Statutes ( 2 U.S.C. 2131 ) and section 311 of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 2132 ). (4) Authorization and appropriations (A) In general There are appropriated for the fiscal year ending September 30, 2021, out of any money in the Treasury not otherwise appropriated, $5,000,000 to carry out this section, including the costs related to the removal, transfer, security, storage, and display of the statues described in paragraph (1)(A), of which— (i) $2,000,000 shall be made available to the Architect of the Capitol; and (ii) $3,000,000 shall be made available to the Smithsonian Institution. (B) Availability Amounts appropriated under subparagraph (A) shall remain available until expended. 4. Authorization of appropriations In addition to the amounts appropriated under section 3(b)(4), there are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended. 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s2366is/xml/BILLS-117s2366is.xml |
117-s-2367 | II 117th CONGRESS 1st Session S. 2367 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Cardin (for himself 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 authorize the Secretary of the Interior to acquire land in Frederick County, Maryland, for the Historic Preservation Training Center of the National Park Service, and for other purposes.
1. Short title This Act may be cited as the Frederick Jobs and Historic Preservation Training Center Land Acquisition Act . 2. Definitions In this Act: (1) Center The term Center means the Historic Preservation Training Center and related facilities of the National Park Service in Frederick County, Maryland. (2) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. 3. Acquisition of land for administrative purposes of Historic Preservation Training Center (a) In general To further develop the Center in accordance with section 305306 of title 54, United States Code, the Secretary may acquire not more than 20 acres of land or interests in land in Frederick County, Maryland, for the Center for the purpose of supporting the physical space, program initiatives, and workforce development capacity of the Center. (b) Method of acquisition Land or an interest in land for the Center may only be acquired under subsection (a) by donation, transfer, exchange, or purchase from a willing seller using donated or appropriated funds. (c) Administration of acquired land On acquisition of land or an interest in land for the Center under subsection (a), the acquired land or interest in land shall be administered by the Secretary for the purpose described in subsection (a). 4. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2367is/xml/BILLS-117s2367is.xml |
117-s-2368 | II 117th CONGRESS 1st Session S. 2368 IN THE SENATE OF THE UNITED STATES July 15, 2021 Ms. Warren (for herself, Ms. Duckworth , Mr. Blumenthal , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve the provision of military housing to members of the Armed Forces and their families through private entities, and for other purposes.
1. Short title This Act may be cited as the Military Housing Oversight and Service Member Protection Act . 2. Improvement of oversight of privatized military housing (a) Oversight of contracts and housing units (1) In general Subchapter IV of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: 2885a. Oversight of contracts and housing units (a) Oversight of contracts (1) The Secretary of Defense shall establish formal written requirements and guidance for entering into and renewing contracts under this subchapter. (2) The Secretary— (A) shall rescind a contract under this subchapter if the other party to the contract, based on credible evidence, fails to cure a material breach of such contract committed by such party within 90 days; and (B) shall not permit the other party to a contract rescinded under subparagraph (A) to enter into new contracts with the Secretary or undertake expansions under existing contracts with the Secretary. (3) The Secretary of Defense, in coordination with the Secretary concerned, shall adopt a formal written contingency plan for the management of housing units in the event that a contract relating to those housing units is rescinded under paragraph (2)(A). (b) Housing office employees The Secretary of Defense shall ensure that each housing office at a military installation consists only of employees of the military department concerned. (c) Inspections of housing units (1) The Secretary of Defense shall— (A) provide for the conduct of regular building code and health inspections of housing units, consistent with industry standards, which shall include, at a minimum— (i) inspection before each tenant first occupies a housing unit and again before the tenant moves out; and (ii) inspection during and after any new construction or renovation of a housing unit; (B) employ a sufficient number of independent housing inspectors with all appropriate State and local inspection certifications to conduct inspections under subparagraph (A) without notice to landlords; and (C) provide appropriate oversight to ensure that all maintenance for such housing units is completed in accordance with all applicable Federal, State, and local health and building codes. (2) (A) In providing for the conduct of inspections of housing units under paragraph (1)(A), the Secretary shall permit State and local housing inspectors to conduct inspections of such units without notice to landlords. (B) Not less frequently than annually, the Secretary shall notify State and local housing inspectors that they are permitted on a military installation to conduct inspections under subparagraph (A). (3) In this subsection, the term independent housing inspector means a housing inspector that is not an employee of the landlord of the housing unit being inspected, including any subsidiary of the landlord. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2885 the following new item: 2885a. Oversight of contracts and housing units. . (b) Treatment of housing laws Section 2890 of such title is amended by adding at the end the following new subsection: (g) Treatment of housing laws Notwithstanding any other provision of law, all Federal, State, and local housing protections that would otherwise apply to a tenant located in a jurisdiction surrounding a military installation in the United States, including standards relating to habitability and defenses to eviction, shall apply to a tenant residing in a housing unit that is located on a military installation. . (c) Improvement of financial transparency Section 2891c of such title is amended— (1) in subsection (a)(2), by adding at the end the following new subparagraph: (G) Financial statements equivalent to a 10–K (or successor form) for— (i) the landlord; and (ii) each contract entered into between the landlord and the Department of Defense under this subchapter. ; and (2) by adding at the end the following new subsection: (c) Publication of financial details (1) Not less frequently than annually, the Secretary Defense shall publish in the Federal Register the financial details of each contract for the management of housing units. (2) Not later than 15 days after receiving financial statements under subsection (a)(2)(G), the Secretary shall publish on a publicly available website of the Department of Defense those financial statements. . (d) Approval of completed work Section 2892 of such title is amended by adding at the end the following new subsection: (d) Approval of completed work A landlord of a housing unit may not indicate on the maintenance work order system of the landlord that maintenance work was completed until an independent inspector approves the completion of the maintenance work in writing. . (e) Screening and registry of individuals with health conditions resulting from unsafe housing units (1) In general Subchapter V of chapter 169 of such title is amended by adding at the end the following new section: 2895. Screening and registry of individuals with health conditions resulting from unsafe housing units (a) Screening (1) The Secretary of Defense, in consultation with appropriate scientific agencies as determined by the Secretary, shall ensure that all military medical treatment facilities screen eligible individuals for covered conditions. (2) The Secretary may establish procedures through which screening under paragraph (1) may allow an eligible individual to be included in the registry under subsection (b). (b) Registry (1) The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition. (2) The Secretary shall include any information in the registry under paragraph (1) that the Secretary determines necessary to ascertain and monitor the health of eligible individuals and the connection between the health of such individuals and an unsafe housing unit. (3) The Secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph (1), including how to register and the benefits of registering. (c) Definitions In this section: (1) The term covered condition means a medical condition that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit. (2) The term eligible individual means a member of the armed forces or a family member of a member of the armed forces who has resided in an unsafe housing unit. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2894a the following new item: 2895. Screening and registry of individuals with health conditions resulting from unsafe housing units. . 3. Presumptions of service connection for illnesses associated with residing in privatized military housing (a) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1119. Presumptions of service connection for illnesses associated with residing in privatized military housing (a) Presumption (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service described in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness described in this paragraph is any diagnosed or undiagnosed illness that— (A) the Secretary determines, in consultation with the Agency for Toxic Substances and Disease Registry, in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with residence in a privatized military housing unit while serving in the Armed Forces during a period determined by the Secretary in consultation with the Agency for Toxic Substances and Disease Registry; and (B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who resided in a privatized military housing unit during service in the Armed Forces. (3) For purposes of this subsection, a veteran who resided in a privatized military housing unit while serving in the Armed Forces during the period described in paragraph (2) and who has an illness described in such paragraph shall be presumed to have developed that illness by reason of such service unless there is conclusive evidence to establish that the veteran developed that illness through another means. (b) Determinations relating to diseases (1) Whenever the Secretary determines, in consultation with the Agency for Toxic Substances and Disease Registry, on the basis of sound medical and scientific evidence, that a positive association exists between residence in a privatized military housing unit and the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section. (2) In making determinations for the purpose of this subsection, the Secretary shall take into account all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. (3) An association under paragraph (1) shall be considered to be positive for the purposes of this section if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) Removal of diseases Whenever a disease is removed from regulations prescribed under this section— (1) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (a) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and (2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis. (d) Privatized military housing unit defined In this section, the term privatized military housing unit means a housing unit under subchapter IV of chapter 169 of title 10. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumptions of service connection for illnesses associated with residing in privatized military housing. . 4. Hospital care, medical services, and nursing home care for family members of veterans who resided in privatized military housing (a) In general Subchapter VIII of chapter 17 of title 38, United States Code, is amended by inserting after section 1787 the following new section: 1787A. Health care of family members of veterans who resided in privatized military housing (a) In general A family member of a veteran described in paragraph (3) of section 1119(a) of this title who resided in a privatized military housing unit during the period described in paragraph (2) of such section, or who was in utero during such period while the mother of such family member resided in such housing unit, shall be eligible for hospital care, medical services, and nursing home care furnished by the Secretary for any covered illness that is associated with residing in a privatized military housing unit during such period. (b) Definitions In this section: (1) The term covered illness means an illness described in section 1119(a)(2) of this title. (2) The term privatized military housing unit has the meaning given that term in section 1119(d) of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1787 the following new item: 1787A. Health care of family members of veterans who resided in privatized military housing. . 5. Ethical limitations relating to ownership of privatized military housing entities (a) In general Section 208 of title 18, United States Code, is amended by adding at the end the following: (e) (1) In this subsection, the term covered individual means an individual— (A) who— (i) is serving as a Member of Congress (as defined in section 2106 of title 5); and (ii) serves on the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives; (B) who is an employee (as defined in section 2105 of title 5) of the Department of Defense who is serving— (i) in a Senior Executive Service position (as defined in section 3132 of title 5); (ii) in a position on the Executive Schedule under subchapter II of chapter 53 of title 5; or (iii) in any other position for which the rate of compensation is at or above the minimum rate of compensation for a Senior Executive Service position in the Department of Defense; or (C) who is a member of the Armed Forces serving in a position for which the pay grade is at or above level O–7. (2) A covered individual may not own any interest (other than as part of a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.)) in an entity that owns or manages a housing unit under subchapter IV of chapter 169 of title 10. . (b) Civil enforcement Section 216 of title 18, United States Code, is amended— (1) in subsection (a), by inserting (which shall not include a violation of subsection (e) of such section 208) after 208 ; (2) in subsection (b), in the first sentence, by inserting or a violation of section 208(e) after 209 of this title ; and (3) in subsection (c)— (A) in the first sentence, by inserting or a violation of section 208(e) after 209 of this title ; and (B) in the second sentence, by inserting or violation after such an offense . 6. Clarification of prohibition against collection from tenants of privatized military housing units of amounts in addition to rent Section 2891a(e) of title 10, United States Code, is amended— (1) by striking the any each place it appears and inserting any ; and (2) by adding at the end the following new paragraph: (3) Costs incurred to modify or upgrade a housing unit to comply with standards under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and facilitate occupancy of the housing unit by an individual with a disability (as defined in section 3 of such Act ( 42 U.S.C. 12102 )) may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent. . 7. Modification of contracts The Secretary of Defense may modify any contract entered into under subchapter IV of chapter 169 of title 10, United States Code, for purposes of carrying out this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2368is/xml/BILLS-117s2368is.xml |
117-s-2369 | II 117th CONGRESS 1st Session S. 2369 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Bennet (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes.
1. Short title This Act may be cited as the Tribal Access to Clean Water Act of 2021 . 2. Findings Congress finds that— (1) access to reliable, clean, and drinkable water is an essential human need and critical to the public health, well-being, educational attainment, and economic development of all communities in the United States; (2) many countries, along with the United Nations, have recognized the urgency of the need to access reliable, clean, and drinkable water by passing laws or resolutions relating to the human right to water and sanitation, including— (A) recognizing these water and sanitation needs exist among Indigenous peoples; and (B) establishing aggressive targets for achieving universal access to those basic services; (3) in the United States, access to reliable, clean, and drinkable water has long been a significant problem in many Native communities, such that nearly half of all households in those communities do not have access to reliable water sources, clean drinking water, or basic sanitation, and are significantly more likely than White households to lack indoor plumbing; (4) the trust responsibility of the Federal Government to Indian Tribes requires the Federal Government to ensure the survival and welfare of Indian Tribes, and the failure to provide basic water service cannot be reconciled with that trust responsibility; (5) the ongoing COVID–19 pandemic has had a disproportionate impact on Native communities due to a multitude of factors, including— (A) persistent economic disadvantages; (B) racial inequity; and (C) lack of public health infrastructure, including access to running water; (6) on January 27, 2021, President Biden issued Executive Order 14008 (86 Fed. Reg. 7619 (February 1, 2021)), which provides that it is the policy of the Biden Administration to secure environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and underinvestment in housing, transportation, water and wastewater infrastructure, and health care; (7) advances in water technology, including treatment, sensors, and innovative pipeline materials, can assist in— (A) accelerating efforts to provide universal access to reliable, clean, and drinkable water for all Native communities; and (B) enhancing resilience in the face of climate change; (8) the COVID–19 pandemic has been a stark reminder that access to reliable, clean, and drinkable water to support basic hygiene is a matter of life or death for all individuals in the United States; (9) it is in the interest of the United States, and it is the policy of the United States, that all existing Native communities be provided with safe and adequate water supply systems as soon as practicable; and (10) both appropriate funding at the level of unmet need and a whole of government approach among all Federal agencies are essential to provide a meaningful solution to the lack of access to clean water on Tribal lands. 3. Definitions In this Act: (1) Director The term Director means the Director of the Indian Health Service. (2) 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 ). (3) Native community The term Native community means— (A) an Indian Tribe; and (B) a Native Hawaiian (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 )) community. (4) Report The term Report means the most recent annual report required to be submitted by the Secretary of Health and Human Services to the President under section 302(g) of the Indian Health Care Improvement Act ( 25 U.S.C. 1632(g) ). (5) Tribal land The term Tribal land means— (A) any land located within the boundaries of— (i) an Indian reservation, pueblo, or rancheria; or (ii) a former reservation within Oklahoma; (B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (C) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) ); (D) Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 )); and (E) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians. 4. Indian Health Service (a) Sanitation Facilities Construction Program funding (1) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services, acting through the Director (referred to in this section as the Secretary ), out of amounts in the Treasury not otherwise appropriated, $3,410,000,000 for the fiscal year ending September 30, 2021, to remain available until expended, for all activities authorized under section 302(b)(1) of the Indian Health Care Improvement Act ( 25 U.S.C. 1632(b)(1) ), including the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities: Provided, That the Secretary may retain up to 10 percent of the amounts appropriated under this paragraph for administration of the Sanitation Facilities Construction Program and related management and staffing purposes. (2) Priority for funding In awarding funding for the planning, design, construction, modernization, improvement, and renovation of water, sewer, and solid waste sanitation facilities under paragraph (1), the Secretary shall prioritize sanitation facilities with the highest deficiency level, as established in the Report. (b) Technical assistance funding In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $150,000,000 for the fiscal year ending September 30, 2021, to remain available until expended, for technical assistance support in Native communities and for other activities authorized under section 302(b)(2) of the Indian Health Care Improvement Act ( 25 U.S.C. 1632(b)(2) ). (c) Operation and Maintenance funding (1) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $500,000,000 for the fiscal year ending September 30, 2021, to remain available until expended, for the operation and maintenance of water facilities serving Native communities. (2) Priority for funding In awarding funding for the operation and maintenance of water facilities under paragraph (1), the Secretary shall prioritize water facilities the most in need of assistance, as identified by the Operation and Maintenance Capability Ratings of the Indian Health Service. (3) Future funding On completion of an operation and maintenance of water facilities project described in paragraph (1), the Secretary shall, for not less than 5 years after the date on which the project is completed and to the extent to which annual appropriations are available, include the completed project as eligible for sustained funding support and guidance to ensure that the investments in the water facilities are adequately maintained and operated for the health and welfare of Native communities served, ensuring that the infrastructure investment is protected and the intended economic benefit is realized. 5. Department of Agriculture rural development (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture (referred to in this section as the Secretary ), out of amounts in the Treasury not otherwise appropriated, $500,000,000 to make grants under sections 306C and 306D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c , 1926d) to eligible entities described in subsection (b) to provide for the development, use, and control of water (including the extension or improvement of existing water supply systems) in eligible entities the residents of which face significant health risks, as determined by the Secretary, due to a significant proportion of the residents of the eligible entity not having access to, or not being served by, an adequate affordable water supply system. (b) Eligible entities An entity eligible to receive a grant using amounts appropriated by subsection (a)— (1) is a Native community; and (2) in the case of a grant under section 306D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926d ), includes a consortium formed pursuant to section 325 of Public Law 105–83 (111 Stat. 1597). (c) No matching contribution An eligible entity shall not be required to provide any matching contribution otherwise required by any other provision of law (including regulations) with respect to a grant received by the eligible entity from amounts appropriated by subsection (a). (d) Priority for funding In awarding grants to eligible entities using amounts appropriated by subsection (a), the Secretary shall— (1) treat members of an eligible entity in the same manner as individuals who reside in a colonia for purposes of subsections (a)(2)(B) and (c)(2) of section 306C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c ); and (2) award the grants without requiring an eligible entity or the members of an eligible entity to demonstrate an inability to finance the proposed project— (A) from the resources of the eligible entity or members; or (B) through commercial credit. (e) Interagency collaboration The Secretary shall consult with the Director of the Indian Health Service regarding agency collaboration, project prioritization, and staffing needs to ensure the amounts made available under this section are used in the most effective manner to promote access to water and sanitation. 6. Bureau of Reclamation (a) Rural water supply program reauthorization (1) Authorization of appropriations Section 109(a) of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2408(a) ) is amended by striking 2016 and inserting 2031 . (2) Termination of authority Section 110 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2409 ) is amended by striking 2016 and inserting 2031 . (b) Bureau of reclamation rural water supply program (1) Definitions In this subsection: (A) Reclamation state The term Reclamation State means a State described in the first section of the Act of June 17, 1902 ( 43 U.S.C. 391 ; 32 Stat. 388, chapter 1093). (B) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (2) Competitive grant program for tribal clean water access projects (A) Establishment In accordance with section 103 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2402 ), the Secretary shall establish a competitive grant program under which an Indian Tribe shall be eligible to apply for a grant from the Secretary in an amount not to exceed 100 percent of the cost of planning, design, and construction of a project determined by the Secretary to be eligible for funding under subparagraph (B). (B) Eligibility To be eligible for a grant under subparagraph (A), a project shall, as determined by the Secretary— (i) (I) provide, increase, or enhance access to safe drinking water for communities and households on Tribal land; or (II) address public health and safety concerns associated with access to safe drinking water; and (ii) be carried out in a Reclamation State. (C) Priority (i) In general In providing grants under subparagraph (A), the Secretary shall give priority to projects that meet 1 or more of the following criteria: (I) A project that would provide potable water supplies to communities or households on Tribal land that do not have access to running water as of the date of the project application. (II) A project that would address an urgent and compelling public health or safety concern relating to access to safe drinking water for residents on Tribal land. (III) A project that would address needs identified in the Report. (IV) A project that is closer to being completed, or farther along in planning, design, or construction, as compared to other projects being considered for funding. (V) A project that would take advantage of the experience and technical expertise of the Bureau of Reclamation in the planning, design, and construction of rural water projects, particularly with respect to a project that takes advantage of economies of scale. (VI) A project that would take advantage of local or regional partnerships that complement related efforts by Tribal, State, or Federal agencies to enhance access to drinking water or water sanitation services on Tribal land. (VII) A project that would leverage the resources or capabilities of other Tribal, State, or Federal agencies to accelerate planning, design, and construction. (VIII) A project that would provide multiple benefits, including— (aa) improved water supply reliability; (bb) public health improvements; (cc) ecosystem benefits; (dd) groundwater management and enhancements; and (ee) water quality improvements. (ii) Consultation In prioritizing projects for funding under clause (i), the Secretary— (I) shall consult with the Director; and (II) may coordinate funding of projects under this paragraph with the Director, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and the head of any other Federal agency in any manner that the Secretary determines would— (aa) accelerate project planning, design, or construction; or (bb) otherwise take advantage of the capabilities of, and resources potentially available from, other Federal sources. (3) Funding (A) In general In addition to amounts otherwise available, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $2,000,000,000 to carry out this subsection. (B) Administrative expenses; use of funds Of the amounts made available under subparagraph (A), the Secretary— (i) may use up to 2 percent for— (I) the administration of the rural water supply program established under section 103 of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2402 ); and (II) related management and staffing expenses; and (ii) of the remaining amounts, shall make available— (I) 50 percent for the rural water supply projects described in the report of the Bureau of Reclamation entitled Assessment of Reclamation’s Rural Water Activities and Other Federal Programs That Provide Support on Potable Water Supplies to Rural Communities in the Western United States and dated October 7, 2014, to remain available until expended; and (II) 50 percent to carry out the competitive grant program established under paragraph (2), to remain available until expended. (c) Funding for native american affairs technical assistance program of the bureau of reclamation In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior, out of amounts in the Treasury not otherwise appropriated, $90,000,000 for use, in accordance with section 201 of the Energy and Water Development Appropriations Act, 2003 ( 43 U.S.C. 373d ), for the Native American Affairs Technical Assistance Program of the Bureau of Reclamation for the fiscal year ending September 30, 2021, to remain available until expended. 7. Drinking water and clean water State revolving funds (a) Appropriation Notwithstanding any amounts reserved under section 518(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(c) ) or section 1452(i)(1) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i)(1) ) and in addition to amounts otherwise made available, there is appropriated to the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) for the fiscal year ending September 30, 2021, out of any amounts in the Treasury not otherwise appropriated, to remain available until expended— (1) $100,000,000 for the purposes described in section 518(c)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(c)(3) ); and (2) $100,000,000 for the purposes described in section 1452(i) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i) ). (b) Use of funds (1) Technical assistance Of the amounts made available under subsection (a), the Administrator may use $5,000,000 to provide training, technical assistance, and educational programs to Native communities with respect to the operation and maintenance of treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 )) and public water systems (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )). (2) Management and oversight costs Of the amounts made available under subsection (a), the Administrator may use 2 percent for the management and oversight of Native community projects carried out using funds made available under that subsection. (c) Requirements (1) Outreach The Administrator shall increase efforts to promote Native community access to drinking water and wastewater services to ensure the most effective use of amounts made available under subsection (a), including by— (A) increasing direct communication with Native communities to better assess the needs of those Native communities; (B) providing clear information to Native communities with respect to funding availability; and (C) providing an option to receive funding under this section through a direct grant using the amounts made available under subsection (a) or through an interagency agreement with the Indian Health Service. (2) Interagency collaboration In carrying out this section, the Administrator shall consult with the Director regarding agency collaboration, project prioritization, and staffing needs to ensure that amounts made available under subsection (a) are used in the most effective manner to promote Native community access to drinking water and wastewater services. (d) Transfer of funds Nothing in this section affects the authority of the Administrator to transfer funds made available under subsection (a) among the accounts for— (1) the program established under section 518 of the Federal Water Pollution Control Act ( 33 U.S.C. 1377 ); and (2) the program established under section 1452(i) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(i) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2369is/xml/BILLS-117s2369is.xml |
117-s-2370 | II 117th CONGRESS 1st Session S. 2370 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Heinrich (for himself, Mr. Blumenthal , Ms. Smith , Mr. Schatz , Mr. Booker , Mr. Whitehouse , Mr. Murphy , Mr. Bennet , Mr. Ossoff , Mrs. Gillibrand , Ms. Stabenow , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to provide rebates for the installation of zero-emission technologies in single-family homes and multifamily buildings, and for other purposes.
1. Short title This Act may be cited as the Zero-Emission Homes Act of 2021 . 2. Zero-emission home program (a) Definitions In this section: (1) Certified contractor The term certified contractor means a contractor with an industry-recognized certification reflecting training, education, or other technical expertise relating to qualified electrification projects for residential buildings, as identified by the Secretary. (2) Contractor company The term contractor company means a company— (A) the business of which is to provide services— (i) to residential building owners; and (ii) for which a rebate may be provided pursuant to the Program; and (B) that holds the licenses and insurance required by the State in which the company provides services. (3) Electric load or service center upgrade The term electric load or service center upgrade means an improvement to a circuit breaker panel that enables the installation and use of— (A) a QEP described in any of subclauses (II) through (IV) of paragraph (10)(A)(i); or (B) if determined to be appropriate by the Secretary, a QEP described in any of subclauses (I) through (III) of paragraph (10)(A)(ii). (4) Heat pump The term heat pump means a heat pump used for water heating, space heating, or space cooling that— (A) relies solely on electricity for its source of power; and (B) is air-sourced, geothermal- or ground-sourced, or water-sourced. (5) Home The term home means each of— (A) a building with not more than 1 dwelling unit, an individual condominium unit, or a manufactured housing unit, that— (i) is located in a State; and (ii) (I) is the primary residence of— (aa) the owner of that building, condominium unit, or manufactured housing unit, as applicable; or (bb) a renter; or (II) is a new-construction single-family residential home; and (B) a unit of a multifamily building that— (i) is owned by an individual who is not the owner of the multifamily building; (ii) is located in a State; and (iii) is the primary residence of— (I) the owner of that unit; or (II) a renter. (6) HVAC The term HVAC means heating, ventilation, and air conditioning. (7) Low- or moderate-income The term low- or moderate-income , with respect to a household, means a household— (A) with an annual income that is less than 80 percent of the annual median income of the area in which the household is located; or (B) that is low-income (as defined in section 412 of the Energy Conservation and Production Act ( 42 U.S.C. 6862 )). (8) Multifamily building The term multifamily building means any building— (A) with 2 or more dwelling units that— (i) are built on top of one another or side-by-side; and (ii) may share common facilities; and (B) that is not a home. (9) Program The term Program means the Zero-Emission Home Program established under subsection (b). (10) Qualified electrification project; QEP (A) In general The terms qualified electrification project and QEP mean a project that, as applicable— (i) installs, or enables the installation and use of, in a home or multifamily building— (I) an electric load or service center upgrade; (II) an electric heat pump; (III) an induction or noninduction electric stove, cooktop, range, or oven that has received an Energy Star Emerging Technology Award (or meets a more stringent standard, as determined by the Secretary, if the Secretary determines a more stringent standard to be appropriate); or (IV) an electric heat pump clothes dryer that is Energy Star Most Efficient certified (or meets a more stringent standard, as determined by the Secretary, if the Secretary determines a more stringent standard to be appropriate); or (ii) if determined to be appropriate by the Secretary, installs, or enables the installation and use of, in a home or multifamily building described in subparagraph (B)— (I) a solar photovoltaic system, including any electrical equipment, wiring, or other components necessary for the installation and use of the solar photovoltaic system, including a battery storage system; (II) electric vehicle charging infrastructure or electric vehicle support equipment necessary to recharge an electric vehicle on-site; or (III) electrical rewiring, power sharing plugs, or other installation tasks directly related to and necessary for the safe and effective functioning of a QEP in a home or multifamily building. (B) Home or multifamily building described A home or multifamily building referred to in subparagraph (A)(ii) is a home or multifamily building that is certified, or the household of the homeowner of which is certified, as applicable, as low- or moderate-income pursuant to the procedures established under subsection (d)(1). (C) Exclusions The terms qualified electrification project and QEP do not include any project with respect to which the appliance, system, equipment, infrastructure, component, or other item described in clause (i) or (ii) of subparagraph (A) is not certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ) if, as of the date on which the project is carried out, the item is of a category for which a certification is provided under that program. (11) Qualified provider The term qualified provider means an electric utility, Tribal-owned entity or Tribally Designated Housing Entity (TDHE), or commercial, nonprofit, or government entity, including a retailer and a contractor company, that provides services for which a rebate may be provided pursuant to the Program for 1 or more portfolios that consist of 1 or more qualified electrification projects. (12) Secretary The term Secretary means the Secretary of Energy. (13) Solar photovoltaic system The term solar photovoltaic system means a system— (A) placed on-site at a home or multifamily building, or as part of the community of the home or multifamily building; and (B) that generates electricity from the sun specifically for the home, multifamily building, or community. (14) Tribal community The term Tribal community means a Tribal tract or Tribal block group. (15) Underserved community The term underserved community means a community located in a census tract that is identified by the Secretary as— (A) a low- or moderate-income community; or (B) a community of racial or ethnic minority concentration. (16) Zero-emission home rebate The term zero-emission home rebate means a rebate provided in accordance with subsection (c). (b) Establishment of Program The Secretary shall establish a program, to be known as the Zero-Emission Home Program , to provide zero-emission home rebates in accordance with subsection (c). (c) Zero-Emission home rebates for qualified electrification projects (1) Zero-emission home rebates (A) In general Subject to subparagraph (B), in carrying out the Program, the Secretary shall provide to homeowners and owners of multifamily buildings zero-emission home rebates, in accordance with this subsection, for qualified electrification projects carried out at, or relating to, the homes or multifamily buildings, as applicable. (B) Requirement The provision of a zero-emission home rebate under this paragraph shall be subject to the availability of appropriations for that purpose. (2) Amount of rebate (A) In general Subject to subsection (d)(2)(A)(i), a zero-emission home rebate under paragraph (1) shall be equal to— (i) in the case of a qualified electrification project described in subsection (a)(10)(A)(i)(II) that installs a heat pump used for water heating, not more than $1,250; (ii) in the case of a qualified electrification project described in subsection (a)(10)(A)(i)(II) that installs a heat pump HVAC system— (I) not more than $3,000 if the heat pump HVAC system has a heating capacity of not less than 27,500 Btu per hour; and (II) not more than $1,500 if the heat pump HVAC system has a heating capacity of less than 27,500 Btu per hour; (iii) in the case of a qualified electrification project described in subclause (III) or (IV) of subsection (a)(10)(A)(i), not more than $600; (iv) in the case of a qualified electrification project described in subsection (a)(10)(A)(i)(I) that installs an electric load or service center panel that enables the installation and use of any upgrade, appliance, system, equipment, infrastructure, component, or other item installed pursuant to any other qualified electrification project, not more than $3,000; and (v) in the case of any other qualified electrification project, including a qualified electrification project described in any of subclauses (I) through (III) of subsection (a)(10)(A)(ii), for which the Secretary provides a zero-emission home rebate, not more than an amount determined by the Secretary for that qualified electrification project, subject to subparagraph (B). (B) Limitations on amount of rebate (i) Maximum total amount Subject to subsection (d)(2)(A)(ii), the maximum total amount that may be awarded as zero-emission home rebates under this subsection shall be $10,000 with respect to each home for which a zero-emission home rebate is provided. (ii) Costs (I) In general Subject to subsection (d)(2)(A)(iii), the amount of a zero-emission home rebate provided to a homeowner under this subsection shall not exceed 50 percent of the total cost of the applicable qualified electrification project. (II) Labor costs Subject to subsection (d)(2)(A)(iii), not more than 50 percent of the labor costs associated with a qualified electrification project may be included in the 50 percent of total costs for which a zero-emission home rebate is provided under this subsection, as described in subclause (I), subject to the condition that labor costs account for not more than 50 percent of the amount of the zero-emission home rebate. (3) Limitations on QEPs (A) Contractors A zero-emission home rebate may be provided for a qualified electrification project carried out by a contractor only if that contractor is a certified contractor. (B) Heat pump HVAC systems A zero-emission home rebate may be provided for a qualified electrification project that installs or enables the installation of a heat pump HVAC system only if the heat pump HVAC system— (i) replaces— (I) a nonelectric HVAC system; or (II) an electric resistance HVAC system; or (ii) is part of new construction, as determined by the Secretary. (C) Heat pumps for water heating A zero-emission home rebate may be provided for a qualified electrification project that installs or enables the installation of a heat pump used for water heating only if the heat pump— (i) replaces— (I) a nonelectric heat pump water heater; (II) a nonelectric water heater; or (III) an electric resistance water heater; or (ii) is part of new construction, as determined by the Secretary. (D) Electric stoves, cooktops, ranges, and ovens A zero-emission home rebate may be provided for a qualified electrification project described in subsection (a)(10)(A)(i)(III) only if the applicable electric stove, cooktop, range, or oven— (i) replaces a nonelectric stove, cooktop, range, or oven; or (ii) is part of new construction, as determined by the Secretary. (E) Electric heat pump clothes dryers A zero-emission home rebate may be provided for a qualified electrification project described in subsection (a)(10)(A)(i)(IV) only if the applicable electric heat pump clothes dryer— (i) replaces a nonelectric clothes dryer; or (ii) is part of new construction. (4) Additional incentives for contractors and qualified providers (A) General incentive (i) In general With respect to each qualified electrification project described in clause (ii), the Secretary shall provide a payment of $100 to the certified contractor or qualified provider carrying out the qualified electrification project. (ii) Qualified electrification project described A qualified electrification project referred to in clause (i) is a qualified electrification project— (I) that is carried out at a home or multifamily building; (II) for which a rebate is provided under this subsection; and (III) with respect to which the certified contractor or qualified provider is not eligible for a higher payment under any of subparagraphs (B) through (D). (B) Incentive for QEPs in certain communities and households (i) In general With respect to each qualified electrification project described in clause (ii), the Secretary shall provide a payment of $200 to the certified contractor or qualified provider carrying out the qualified electrification project. (ii) Qualified electrification project described A qualified electrification project referred to in clause (i) is a qualified electrification project— (I) that is carried out at a home or multifamily building that— (aa) is located in an underserved community or a Tribal community; or (bb) is certified, or the household of the homeowner of which is certified, as applicable, as low- or moderate-income pursuant to the procedures established under subsection (d)(1); (II) for which a rebate is provided under this subsection; and (III) with respect to which the certified contractor or qualified provider is not eligible for a higher payment under subparagraph (C) or (D). (C) Incentive for certain labor practices (i) In general With respect to each qualified electrification project described in clause (ii), the Secretary shall provide a payment of $250 to the certified contractor or qualified provider carrying out the qualified electrification project. (ii) Qualified electrification project described A qualified electrification project referred to in clause (i) is a qualified electrification project— (I) that is carried out— (aa) at a home or multifamily building; and (bb) by a certified contractor or qualified provider that allows for the use of collective bargaining agreements; (II) for which a rebate is provided under this subsection; and (III) with respect to which— (aa) all laborers and mechanics employed on the qualified electrification project are paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); and (bb) the certified contractor or qualified provider is not eligible for a higher payment under subparagraph (D). (D) Maximum incentive (i) In general With respect to each qualified electrification project described in clause (ii), the Secretary shall provide a payment of $500 to the certified contractor or qualified provider carrying out the qualified electrification project. (ii) Qualified electrification project described A qualified electrification project referred to in clause (i) is a qualified electrification project— (I) that is carried out— (aa) at a home or multifamily building that— (AA) is located in an underserved community or a Tribal community; or (BB) is certified, or the household of the homeowner of which is certified, as applicable, as low- or moderate-income pursuant to the procedures established under subsection (d)(1); and (bb) by a certified contractor or qualified provider that allows for the use of collective bargaining agreements; (II) for which a rebate is provided under this subsection; and (III) with respect to which all laborers and mechanics employed on the qualified electrification project are paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ). (E) Clarification An amount provided to a contractor or qualified provider under any of subparagraphs (A) through (D) shall be in addition to the amount of any zero-emission home rebate received by the contractor or qualified provider. (5) Claim (A) In general Subject to paragraph (2)(B), a homeowner, a certified contractor, or a qualified provider may claim a separate zero-emission home rebate under this subsection for each qualified electrification project carried out at a home. (B) Transfer The Secretary shall establish and publish procedures pursuant to which a homeowner or owner of a multifamily building may transfer the right to claim a rebate under this subsection to the certified contractor or qualified provider carrying out the applicable qualified electrification project. (6) Multifamily buildings (A) In general Subject to subparagraph (B), the owner of a multifamily building may combine the amounts of zero-emission home rebates for each dwelling unit in the multifamily building into a single rebate, subject to— (i) the condition that the applicable qualified electrification projects benefit each dwelling unit with respect to which the rebate is claimed; and (ii) any maximum per-dwelling unit rate established by the Secretary. (B) Costs (i) In general Subject to clause (ii), the amount of a rebate under subparagraph (A) shall not exceed 50 percent of the total cost, including labor costs, of the applicable qualified electrification projects. (ii) Low- or moderate-income buildings In the case of a multifamily building that is certified by the Secretary as low- or moderate-income in accordance with subsection (d)(1)(B), the amount of a rebate under subparagraph (A) shall not exceed 100 percent of the total cost of the applicable qualified electrification projects. (C) Procedures The Secretary shall establish and publish procedures— (i) pursuant to which the owner of a multifamily building may combine rebate amounts in accordance with this subsection; and (ii) for the enforcement of any limitations under this subsection. (7) Process (A) Rebate process Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and publish a rebate processing system that results in immediate price relief for consumers who purchase and have installed qualified electrification projects, in accordance with this section. (B) Qualified electrification project list (i) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall publish a list of qualified electrification projects for which a zero-emission home rebate may be provided under this subsection that includes, at a minimum, the qualified electrification projects described in subsection (a)(10)(A). (ii) Updates Not less frequently than once every 3 years, the Secretary shall publish an updated list of qualified electrification projects for which a zero-emission home rebate may be provided under this subsection. (d) Special provisions for low- and moderate-Income households and multifamily buildings (1) Certifications The Secretary shall establish procedures for certifying as low- or moderate-income each of— (A) the household of a homeowner; and (B) a multifamily building. (2) Maximum amounts (A) In general With respect to a qualified electrification project carried out at a location described in subparagraph (B)— (i) a zero-emission home rebate shall be equal to— (I) in the case of a qualified electrification project described in subsection (c)(2)(A)(i), not more than $1,750; (II) in the case of a qualified electrification project described in subsection (c)(2)(A)(ii)— (aa) not more than $6,000 if the applicable heat pump HVAC system has a heating capacity of not less than 27,500 Btu per hour; and (bb) not more than $3,000 if the applicable heat pump HVAC system has a heating capacity of less than 27,500 Btu per hour; (III) in the case of a qualified electrification project described in subsection (c)(2)(A)(iii), not more than $840; (IV) in the case of a qualified electrification project described in subsection (c)(2)(A)(iv), not more than $4,000; and (V) in the case of a qualified electrification project described in subsection (c)(2)(A)(v), not more than an amount determined by the Secretary for that qualified electrification project, subject to clause (ii); (ii) the maximum total amount of zero-emission home rebates that may be awarded with respect to each home of a homeowner shall be $14,000; and (iii) the amount of a zero-emission home rebate may be used to cover not more than 100 percent of the costs, including labor costs, of the applicable qualified electrification project. (B) Location described A location referred to in subparagraph (A) is— (i) a home— (I) with respect to which the household of the homeowner is certified as low- or moderate-income pursuant to the procedures established under paragraph (1)(A); or (II) that is located in a Tribal community; or (ii) a multifamily building— (I) that— (aa) is certified as low- or moderate-income pursuant to the procedures established under paragraph (1)(B); or (bb) is located in a Tribal community; and (II) with respect to which more than more than ½ of the dwelling units in the multifamily building— (aa) are occupied by households the annual household incomes of which do not exceed 80 percent of the median annual household income for the area in which the multifamily building is located; and (bb) have average monthly rental prices that are equal to, or less than, an amount that is equal to 30 percent of the average monthly household income for the area in which the multifamily building is located. (C) Requirement The Secretary may provide a rebate to the owner of a multifamily building in an amount described in subparagraph (A) only if the owner agrees in writing to provide commensurate benefits to the renters in that multifamily building. (e) Education and outreach Of the total amount appropriated by subsection (g)(1), the Secretary may use not more than $5,000,000 for community and consumer education and outreach related to the Program. (f) Administration The Secretary shall use not more than 1 percent of the amounts appropriated by subsection (g)(1)— (1) to administer this section; and (2) to provide administrative and technical support to certified contractors, qualified providers, States, and Indian Tribes. (g) Appropriations (1) In general In addition to amounts otherwise made available, there are appropriated to the Secretary for the 10-year period beginning on the date of enactment of this Act, out of any amounts in the Treasury not otherwise appropriated, such sums as are necessary to carry out this section, including to provide rebates under this section with respect to homes and multifamily buildings at which qualified electrification projects are carried out during that 10-year period. (2) Allocation for low- or moderate-Income households (A) In general Of the amounts appropriated by paragraph (1), the Secretary shall reserve 50 percent for— (i) rebates relating to qualified electrification projects carried out for low- or moderate-income households; and (ii) any necessary administrative or technical support for those qualified electrification projects. (B) Availability of reserved amounts Amounts reserved under subparagraph (A) shall remain available until expended in accordance with that subparagraph. (3) Allocation for Tribal communities (A) In general Of the amounts appropriated by paragraph (1), the Secretary shall reserve 11 percent for— (i) rebates relating to qualified electrification projects carried out in Tribal communities; and (ii) any necessary administrative or technical support for those qualified electrification projects. (B) Availability of reserved amounts Amounts reserved under subparagraph (A) shall remain available until expended in accordance with that subparagraph. (4) Use of reserved amounts for certain QEPs With respect to a qualified electrification project carried out for a low- or moderate-income household that is located in a Tribal community, the Secretary may— (A) use amounts reserved under paragraph (2) or (3) for any rebate or necessary administrative or technical support for that qualified electrification project; and (B) (i) if the Secretary uses amounts reserved under paragraph (2) as described in subparagraph (A), consider a corresponding amount reserved under paragraph (3) to be unreserved and eligible for use for any purpose authorized under this section; or (ii) if the Secretary uses amounts reserved under paragraph (3) as described in subparagraph (A), consider a corresponding amount reserved under paragraph (2) to be unreserved and eligible for use for any purpose authorized under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2370is/xml/BILLS-117s2370is.xml |
117-s-2371 | II 117th CONGRESS 1st Session S. 2371 IN THE SENATE OF THE UNITED STATES July 15, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to enhance the readiness of the Department of Defense to challenges relating to climate change and to improve the energy and resource efficiency of the Department, and for other purposes.
1. Short title This Act may be cited as the Department of Defense Climate Resiliency and Readiness Act . 2. Definitions In this Act: (1) Climate change The term climate change means a change of climate that is— (A) attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and (B) in addition to natural climate variability observed over comparable time periods. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (3) Green manufacturing technology The term green manufacturing technology means manufacturing processes that— (A) use low carbon materials; (B) reduce carbon emissions or have low global warming potential during the production of the material or product; and (C) use renewable resources to create the material or product. (4) Net zero energy The term net zero energy means a reduction by an entity in overall energy use, maximization of energy efficiency, and implementation and use of energy recovery and cogeneration capabilities, and an offset of the remaining demand for energy with production of energy from onsite renewable energy sources, such that as much energy is produced by the entity as the entity uses over the course of a year. (5) Resiliency The term resiliency means, with respect to each installation of the Department of Defense, an anticipation, preparation for, and adaptation of each installation to utility disruptions and changing environmental conditions, and the achievement and maintenance by such installation of the capability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations. (6) Non-operational sources The term non-operational sources — (A) means fixed installations, enduring locations, and non-tactical vehicles of the Department of Defense; and (B) does not include sources in connection with the training, moving, and sustaining of the Armed Forces and weapons platforms for military operations and training, including tactical power systems and generators at non-enduring locations of the Department of Defense. (7) Renewable energy source The term renewable energy source has the meaning given that term in section 2924(6) of title 10, United States Code. (8) United States The term United States means the several States, the District of Columbia, and any territory or possession of the United States. 3. Net zero energy by non-operational sources of the Department of Defense (a) In general The Department of Defense shall achieve aggregate net zero energy in use of energy by non-operational sources by not later than December 31, 2031. (b) Strategy (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the strategy of the Department of Defense to achieve the requirement under subsection (a). (2) Elements The report required by paragraph (1) shall set forth the following: (A) The strategy of the Department of Defense to achieve the requirement under subsection (a) for all installations under the jurisdiction of the Department (other than the military departments). (B) The strategy of each military department to achieve the requirement under subsection (a) for all installations under the jurisdiction of such department. (C) An assessment of the manner in which the achievement by the Department of Defense of the requirement under subsection (a) will enhance the readiness of the Armed Forces to address threats posed by Russia, China, Iran, North Korea, and violent extremism. (3) Biennial update Not later than two years after the submittal of the report required by paragraph (1), and every two years thereafter through December 31, 2031, the Secretary shall submit to Congress a report setting forth the following: (A) A current assessment of the progress of the Department of Defense in implementing the strategy described in paragraph (1), set forth by military department, Defense Agency, and other component or element of the Department. (B) Any updates to the strategy. (4) Consultation The Secretary shall consult with the National Academy of Sciences and a federally funded research and development center in developing the report required by paragraph (1) and any update to that report under paragraph (3). (c) Waiver (1) In general The Secretary of Defense may waive the requirement in subsection (a) if the Secretary— (A) determines that achievement of such requirement would adversely affect operational safety, force protection, or the national security interests of the United States; and (B) submits to the congressional defense committees a written notification of the waiver, together with a justification for the waiver. (2) Period The period of any waiver under paragraph (1) may not exceed 30 days. (3) Renewal Any waiver under this subsection may be renewed one or more times, in the manner provided for the initial such waiver under paragraph (1) and for the period provided for in paragraph (2). 4. Inclusion in Annual Energy Management and Resilience Report of Department of Defense of list of military installations that emit the most carbon and estimate of energy consumption by Department (a) In general For every fiscal year beginning after the date of the enactment of this Act, the Secretary of Defense shall include in the Annual Energy Management and Resilience Report for that fiscal year— (1) a list of the ten installations within each military department that emit the most carbon; (2) an estimate of all energy consumption by the Department of Defense, including greenhouse gas emissions; and (3) an assessment of greenhouse gas emissions at all installations of the Department, disaggregated by operational and non-operational sources. (b) Metrics In determining energy consumption and greenhouse gas emissions under paragraphs (2) and (3) of subsection (a), the Secretary shall use metrics established by the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the National Academy of Sciences and a federally funded research and development center. 5. Climate-conscious contracting of Department of Defense (a) In general Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: 2339d. Requirements relating to energy consumption and climate change (a) Projected energy consumption Each Department of Defense contract for the procurement of property or services entered into on or after October 1, 2021, shall include a written estimate by the Department of the total projected energy consumption of all work to be performed under the contract, and a statement of whether the contract will include investments by the contractor or the Department in renewable energy or energy-efficient sources. (b) Policy on consideration of certain factors in determinations To award contracts In making any determination to enter into a contract described in subsection (a), the Secretary of Defense shall take into account— (1) whether the contractor verifiably produces as much renewable energy as the total energy it consumes; and (2) whether there is any order against the contractor by the Environmental Protection Agency, the Department of Justice, or a State attorney general to pay a fine or take remedial action for a violation of an environmental law or regulation of the United States. (c) Disclosure of climate-Related risks Each prospective contractor with the Department of Defense shall, as a prerequisite of bidding for a contract with the Department, submit a detailed statement to the Department that includes information regarding— (1) the identification of, the evaluation of potential financial impacts of, and any risk-management strategies relating to— (A) physical risks posed to the contractor by climate change; and (B) transition risks posed to the contractor by climate change; and (2) a description of any established corporate governance processes and structures to identify, assess, and manage climate-related risks. (d) Assessment of fees To combat climate change (1) Each Department of Defense contract for the procurement of property or services entered into on or after October 1, 2021, shall include a requirement that the contractor pay to the Department of Defense a fee equal to one percent of the value of the contract in the case of a contractor that is not, at the time of the Department’s solicitation of the contract, verifiably producing as much renewable energy as the total energy it consumes. (2) Any contractor required to pay a fee under paragraph (1) with respect to a contract may not offset the cost of such fee by increasing the amount of the proposal for such contract. (e) Waiver (1) The Secretary of Defense may waive the requirements in subsections (a) and (b) if the Secretary— (A) (i) determines that such requirements would adversely affect operational safety, force protection, or the national security interests of the United States; or (ii) with respect to particular property or services, determines that— (I) market conditions for the property or services have adversely affected (or will in the near future adversely affect) the acquisition of the property or services by the Department of Defense; and (II) the waiver will expedite or facilitate the acquisition of the property or services; and (B) submits to the congressional defense committees a written notification of the waiver, together with a justification for the waiver. (2) The period of any waiver under paragraph (1) may not exceed 30 days. (3) Any waiver under this subsection may be renewed one or more times, in the manner provided for the initial such waiver under paragraph (1) and for the period provided for in paragraph (2). . (b) Clerical amendment The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2339c the following new item: 2339d. Requirements relating to energy consumption and climate change. . (c) Energy and Climate Resiliency Fund (1) In general There is established in the Treasury of the United States a fund, to be known as the Energy and Climate Resiliency Fund (in this subsection referred to as the Fund ), to be administered by the Secretary of Defense. (2) Use of amounts Amounts deposited in the Fund shall be used only for climate-related improvements that contribute to the continued operational viability and the resiliency of the networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense. (3) Deposit and availability of amounts Notwithstanding section 3302 of title 31, United States Code, fees collected under section 2339d(d) of title 10, United States Code, as added by subsection (a)— (A) shall be deposited into the Fund to carry out the activities described in paragraph (2); (B) to the extent and in the amounts provided in advance in appropriations Acts, shall be available to the Secretary of Defense; and (C) shall remain available until expended. (4) Climate-related improvements defined In this subsection, the term climate-related improvements means efforts by the Department of Defense to prepare for, or mitigate the effects of, the following: (A) Extreme weather. (B) Rising sea tides. (C) Increased flooding. (D) Drought. (E) Desertification. (F) Wildfires. (G) Thawing permafrost. (H) Such other conditions as the Secretary determines necessary. (d) Contracting preference for green manufacturing technology (1) Contracts for green manufacturing technology With respect to contracts awarded by the Department of Defense, the Department shall give a preference to qualified contractors. (2) Policy on consideration of certain factors in determinations to award contracts In making any determination to enter into a contract described in paragraph (1), the Secretary of Defense shall take into account— (A) whether the qualified contractor verifiably produces as much renewable energy as the total energy it consumes; (B) whether the qualified contractor verifiably uses green manufacturing technology; and (C) whether there is any order against the qualified contractor by the Environmental Protection Agency, the Department of Justice, or a State attorney general to pay a fine or take remedial action for a violation of an environmental law or regulation of the United States. (3) Verification and reporting of qualified contractors The Secretary of Defense shall prescribe such procedures as may be necessary for— (A) contractors to verify that they are qualified contractors; (B) qualified contractors meeting the requirements of paragraph (2) to certify that not more than 25 percent of the amount paid under the contract will be expended on a subcontract to a contractor that is not verifiably meeting those requirements, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (C) recording information on each use of the authority under paragraph (1), including details relevant to the nature of the contract and the qualified contractor, and providing that information to the Comptroller General of the United States. (4) Comptroller General of the United States report (A) In general Not later than five years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the individual and aggregate uses of the authority under paragraph (1), using such data as may be available up to that time. (B) Elements The report under subparagraph (A) shall include— (i) an assessment of the frequency and nature of the use of the authority under paragraph (1); and (ii) the tendency of contractors to become qualified contractors in order to qualify for the authority under paragraph (1). (5) Qualified contractor defined In this subsection, the term qualified contractor means a contractor that uses green manufacturing technology. (e) Set aside contracts for small businesses that use green manufacturing technology (1) Contracts for green manufacturing technology With respect to contracts awarded by the Department of Defense, the Department shall award— (A) in fiscal year 2022, not fewer than five percent of contracts to qualified small businesses; (B) by fiscal year 2027, not fewer than 20 percent of contracts to qualified small businesses; and (C) by fiscal year 2030, not fewer than 50 percent of contracts to qualified small businesses. (2) Policy on consideration of certain factors in determinations to award contracts In making any determination to enter into a contract described in paragraph (1), the Secretary of Defense shall take into account— (A) whether the qualified small business verifiably produces as much renewable energy as the total energy it consumes; (B) whether the qualified small business verifiably uses green manufacturing technology or operates with net zero energy; and (C) whether there is any order against the qualified small business by the Environmental Protection Agency, the Department of Justice, or a State attorney general to pay a fine or take remedial action for a violation of an environmental law or regulation of the United States. (3) Verification and reporting of qualified small businesses The Secretary of Defense shall prescribe such procedures as may be necessary for— (A) contractors to verify that they are qualified small businesses; (B) qualified small businesses meeting the requirements of paragraph (2) to certify that not more than 25 percent of the amount paid under the contract will be expended on a subcontract to a contractor that is not verifiably meeting those requirements, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (C) recording information on awards under paragraph (1), including details relevant to the nature of the contract and the qualified small business, and providing that information to the Comptroller General of the United States. (4) Comptroller General of the United States report (A) In general Not later than five years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the individual and aggregate awards under paragraph (2), using such data as may be available up to that time. (B) Elements The report under subparagraph (A) shall include— (i) an assessment of the frequency and nature of awards under paragraph (1); and (ii) the tendency of small business concerns to become qualified small businesses in order to qualify for awards under paragraph (1). (5) Definitions In this subsection: (A) Qualified small business The term qualified small business means a small business concern that verifiably uses green manufacturing technology or operates with net zero energy. (B) Small business concern The term small business concern has the meaning given that term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 6. Annual report on effects of climate change on Department of Defense (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on vulnerabilities to military installations and combatant commander requirements resulting from climate change that builds upon the report submitted under section 335(c) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1358). (b) Elements The report required by subsection (a) shall include the following: (1) An explanation of the underlying methodology behind the climate vulnerability analysis conducted in preparing the report under section 335(c) of the National Defense Authorization Act for Fiscal Year 2018. (2) An assessment of how climate change affects low-lying military installations, military installations of the Navy and the Marine Corps, and military installations outside the United States. (3) An assessment of how climate change affects access of members of the Armed Forces to training ranges. (4) With respect to a military installation in a country outside the United States, an assessment of the collaboration between the Department of Defense and the military or civilian agencies of the government of that country or nongovernmental organizations operating in that country to adapt to risks from climate change. (5) An assessment of how climate change affects housing safety and food security on military installations. (6) An assessment of the strategic benefits derived from isolating infrastructure of the Department of Defense in the United States from the national electric grid and the use of energy-efficient, distributed, and smart power grids by the Armed Forces in the United States and overseas to ensure affordable access to electricity. (7) A list of the ten military installations within each military department that are most vulnerable to climate change based on the effects of the following: (A) Geographic location. (B) Extreme weather. (C) Rising sea tides. (D) Increased flooding. (E) Drought. (F) Desertification. (G) Wildfires. (H) Thawing permafrost. (I) Such other categories as the Secretary determines necessary. (8) A climate vulnerability score, determined by the Secretary, for each military installation of the Department. (9) An overview of mitigations, in addition to current efforts undertaken by the Department, that may be necessary to ensure the continued operational viability and to increase the resiliency of the vulnerable military installations identified under paragraph (7), and the estimated costs of those mitigations. (10) An assessment of how adapting to climate change impacts the readiness of the Armed Forces to address the threats posed by Russia, China, Iran, North Korea, and violent extremism. (c) Consultation In developing each report under subsection (a), the Secretary of Defense shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate. (d) Form of report The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex if necessary. (e) Publication Upon submittal of the report required by subsection (a), the Secretary of Defense shall publish the unclassified portion of the report on an internet website of the Department of Defense that is available to the public. 7. Incorporation of climate resiliency into existing strategies of the Department of Defense (a) Consideration of risks of climate change in making strategic decisions relating to military installations The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the risks associated with climate change when making any strategic decision relating to such installation, including where to locate such installation and where to position equipment, infrastructure, and other military assets. (b) Codification of directive on climate change (1) In general Directive 4715.21 of the Department of Defense, dated January 14, 2016, and entitled Climate Change Adaptation and Resilience , shall remain in effect. (2) Reports on implementation of directive Each posture statement submitted to Congress by the Secretary of a military department, the Chairman of the Joint Chiefs of Staff, or the commander of a combatant command shall include a description of the implementation and discharge by such official of the Directive referred to in paragraph (1), including the personnel assigned to implement and discharge the Directive and the progress achieved in such implementation and discharge. (c) Incorporation of climate change into certain defense strategies (1) In general The Secretary of Defense, in coordination with the heads of other elements of the intelligence community, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate, shall incorporate climate change into the National Defense Strategy, the National Military Strategy, and operational plans of the Department of Defense. (2) Intelligence community defined In this subsection, the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (d) Implementation and discharge of requirements (1) Cross-functional team on incorporation of climate resiliency into defense strategies Among the cross-functional teams established by the Secretary of Defense pursuant to subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2345; 10 U.S.C. 111 note) in support of the organizational strategy for the Department of Defense required by subsection (a) of that section, the Secretary shall establish a cross-functional team on the implementation and discharge of the requirements under this section. (2) Establishment and activities The cross-functional team required by paragraph (1) shall be established in accordance with subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017, and shall be governed in its activities in accordance with the provisions of such subsection (c). (3) Deadline for establishment The cross-functional team required by paragraph (1) shall be established by not later than 90 days after the date of the enactment of this Act. 8. Research, development, and demonstration program on energy storage, hybrid microgrid, and energy resiliency (a) Program required The Secretary of Defense, in consultation with the Secretary of Energy, shall conduct a program of research, development, and demonstration of hybrid microgrid systems and electric grid energy storage. (b) Multidisciplinary teams (1) In general In carrying out the program under subsection (a), the Secretary of Defense shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the Department of Energy, the National Laboratories, institutions of higher education, and the private sector. (2) Goals The multidisciplinary teams organized under paragraph (1) shall pursue aggressive, milestone-driven, and basic research, development, and demonstration goals to carry out the program under subsection (a). (3) Resources The Secretary of Defense shall provide sufficient resources to the multidisciplinary teams organized under paragraph (1) to achieve the goals described in paragraph (2) over a ten-year period. (c) Areas of focus The program under subsection (a) shall focus on— (1) addressing electrical power intermittency; (2) integrating renewable energy sources into microgrid systems, hybrid microgrid systems, energy storage, grid security, and local generation of zero-carbon fuels; (3) the inspection and structural health monitoring of critical energy infrastructure; (4) materials, electric thermal, electromechanical, and electrochemical systems research; (5) power conversion technologies research; (6) developing and using fuel-efficient engines; (7) additive manufacturing; (8) developing— (A) empirical and science-based industry standards to compare the storage capacity, cycle length and capabilities, and reliability of different types of electricity storage; and (B) validation and testing techniques; (9) other fundamental and applied research critical to widespread deployment of electricity storage; (10) device development that builds on results from research described in paragraphs (4), (5), and (9), including combinations of power electronics, advanced optimizing controls, and energy storage as a general purpose element of the electric grid; (11) micro-scale testing and analysis of storage devices, including test-beds and field trials; (12) microgrid systems and hybrid microgrid systems to increase the resilience of critical infrastructure of the Department of Defense; (13) the potential for energy storage and renewable resources, including wind, solar, and hydropower, to be integrated into microgrid systems or hybrid microgrid systems of installations of the Department of Defense; (14) the capacity of the workforce of the Department of Defense to operate, maintain, and repair a microgrid system or hybrid microgrid system; (15) opportunities to develop the capacity to operate, maintain, and repair a hybrid microgrid system; (16) leveraging existing capacity within local or regional research organizations, such as organizations based at institutions of higher education, to support development of hybrid microgrid systems, including by testing novel components and systems prior to field deployment; (17) electricity storage device safety and reliability, including potential failure modes, mitigation measures, and operational guidelines; (18) standards for performance, control interface, grid interconnection, and interoperability of electricity storage devices; (19) maintaining a public database of energy storage projects, policies, codes, standards, and regulations; and (20) such other criteria as the Secretary of Defense, in consultation with the Secretary of Energy, determines appropriate. (d) Collaboration The program under subsection (a) shall be carried out in collaboration with relevant stakeholders, including, as appropriate— (1) States; (2) Indian tribes; (3) regional entities and regulators; (4) units of local government; (5) institutions of higher education, including historically Black colleges or universities and other minority-serving institutions; and (6) private sector entities. (e) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter until 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts to implement the program under subsection (a), including any strategy developed to implement such program. (2) Classified annex The report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary. (3) Publication Upon submittal of the report under paragraph (1), the Secretary shall publish the unclassified portion of the report on an internet website of the Department that is available to the public. (f) Assistance to States The Secretary of Defense may provide technical and financial assistance to States, Indian tribes, units of local government, institutions of higher education, or private sector entities to participate in or use research, development, or demonstration of technology developed under this section. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary of Defense to carry out this section the following: (1) For fiscal year 2022, $10,000,000. (2) For fiscal year 2023, $25,000,000. (3) For fiscal year 2024, $50,000,000. (4) For fiscal year 2025, $75,000,000. (5) For fiscal year 2026, $125,000,000. (6) For fiscal year 2027, $200,000,000. (7) For each of fiscal years 2028 through 2030, $250,000,000. (h) No effect on other provisions of law Nothing in this section authorizes regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under section 215 of the Federal Power Act ( 16 U.S.C. 824o ). (i) Use of funds To the maximum extent practicable, in carrying out this section, the Secretary of Defense shall ensure that the use of funds to carry out this section is coordinated with the Secretary of Energy and among different offices within the Grid Modernization Initiative of the Department of Energy and other programs conducting energy storage research. (j) Definitions In this section: (1) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (2) Hybrid microgrid system The term hybrid microgrid system means a stand-alone electrical system that— (A) is comprised of conventional generation and at least one alternative energy resource; and (B) may use grid-scale energy storage. (3) Microgrid system The term microgrid system means a standalone electrical system that uses grid-scale energy storage. (4) National laboratory The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). 9. Conditions on base realignment and closure activities funded through base closure account of Department of Defense (a) Consideration of factors required With respect to any Base Realignment and Closure round begun by the Department of Defense after the date of the enactment of this Act, the Department shall consider current and potential vulnerabilities to installations and operations of the Department of Defense resulting from climate change and the resiliency of installations of the Department. (b) Base Realignment and Closure round defined In this section, the term Base Realignment and Closure round means base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140)). | https://www.govinfo.gov/content/pkg/BILLS-117s2371is/xml/BILLS-117s2371is.xml |
117-s-2372 | II 117th CONGRESS 1st Session S. 2372 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Heinrich (for himself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Pittman-Robertson Wildlife Restoration Act to make supplemental funds available for management of fish and wildlife species of greatest conservation need as determined by State fish and wildlife agencies, and for other purposes.
1. Short title This Act may be cited as the Recovering America’s Wildlife Act of 2021 . I Wildlife Conservation and Restoration 101. Wildlife conservation and restoration subaccount (a) In general Section 3 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b ) is amended in subsection (c)— (1) by redesignating paragraphs (2) and (3) as paragraphs (9) and (10); and (2) by striking paragraph (1) and inserting the following: (1) Establishment of subaccount (A) In general There is established in the fund a subaccount to be known as the Wildlife Conservation and Restoration Subaccount (referred to in this section as the Subaccount ). (B) Availability Amounts in the Subaccount shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act. (C) Deposits into Subaccount (i) In general Beginning in fiscal year 2022, and for each fiscal year thereafter, the Secretary of the Treasury shall transfer $1,300,000,000 from the general fund of the Treasury to the Subaccount. (ii) Funding source (I) Definition In this clause, the term remaining natural resource or environmental-related violation revenue means the amount of all civil or criminal penalties, fines, sanctions, forfeitures, or other revenues resulting from natural resource or environmental-related violations or enforcement actions by any Federal agency that are not directed to be deposited in a fund other than the general fund of the Treasury or have otherwise been appropriated. (II) Use of revenue Beginning in fiscal year 2022, and for each fiscal year thereafter, the total amount of the remaining natural resource or environmental-related violation revenue with respect to the previous fiscal year— (aa) shall be deposited in the general fund of the Treasury; and (bb) shall be available for the purposes of the transfer under clause (i). (2) Supplement not supplant Amounts transferred to the Subaccount shall supplement, but not replace, existing funds available to the States from— (A) the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777 et seq. ); and (B) the fund. (3) Innovation grants (A) In general The Secretary shall distribute 10 percent of funds apportioned from the Subaccount through a competitive grant program to State fish and wildlife departments, the District of Columbia fish and wildlife department, fish and wildlife departments of territories, or to regional associations of fish and wildlife departments (or any group composed of more than 1 such entity). (B) Purpose Such grants shall be provided for the purpose of catalyzing innovation of techniques, tools, strategies, or collaborative partnerships that accelerate, expand, or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed under the Endangered Species Act of 1973 ( 15 U.S.C. 1531 et seq. ) and the habitats of such species. (C) Review committee The Secretary shall appoint a review committee comprised of— (i) a State Director from each regional association of State fish and wildlife departments; (ii) the head of a department responsible for fish and wildlife management in a territory; and (iii) four individuals representing four different nonprofit organizations each of which is actively participating in carrying out wildlife conservation restoration activities using funds apportioned from the Subaccount. (D) Support from united states fish and wildlife service The United States Fish and Wildlife Service shall provide any personnel or administrative support services necessary for such Committee to carry out its responsibilities under this Act. (E) Evaluation Such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding, giving preference to solutions that accelerate the recovery of species identified as priorities through regional scientific assessments of species of greatest conservation need. (4) Use of funds Funds apportioned from the Subaccount— (A) shall be used to implement the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as required under section 4(d), by carrying out, revising, or enhancing existing wildlife and habitat conservation and restoration programs and developing and implementing new wildlife conservation and restoration programs to recover and manage species of greatest conservation need and the key habitats and plant community types essential to the conservation of those species as determined by the appropriate State fish and wildlife department; (B) shall be used to develop, revise, and enhance the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as may be required by this Act; (C) shall be used to assist in the recovery of species found in the State, territory, or the District of Columbia that are listed as endangered species, threatened species, candidate species or species proposed for listing, or species petitioned for listing under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or under State law; (D) may be used for wildlife conservation education and wildlife-associated recreation projects, especially in historically underserved communities; (E) may be used to manage a species of greatest conservation need whose range is shared with another State, territory, Indian Tribe, or foreign government and for the conservation of the habitat of such species; (F) may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need; and (G) may be used for law enforcement activities that are directly related to the protection and conservation of a species of greatest conservation need and the habitat of such species. (5) Minimum required spending for endangered species recovery Not less than an average of 15 percent over a 5-year period of amounts apportioned to a State, territory, or the District of Columbia from the Subaccount shall be used for purposes described in paragraph (4)(C). The Secretary may reduce the minimum requirement of a State, territory, or the District of Columbia on an annual basis if the Secretary determines that the State, territory, or the District of Columbia is meeting the conservation and recovery needs of all species described in paragraph (4)(C). (6) Public access to private lands not required Funds apportioned from the Subaccount shall not be conditioned upon the provision of public access to private lands, waters, or holdings. (7) Requirements for matching funds (A) For the purposes of the non-Federal fund matching requirement for a wildlife conservation or restoration program or project funded by the Subaccount, a State, territory, or the District of Columbia may use as matching non-Federal funds— (i) funds from Federal agencies other than the Department of the Interior and the Department of Agriculture; (ii) donated private lands and waters, including privately owned easements; (iii) in circumstances described in subparagraph (B), revenue generated through the sale of State hunting and fishing licenses; and (iv) other sources consistent with part 80 of title 50, Code of Federal Regulations, in effect on the date of enactment of the Recovering America’s Wildlife Act of 2021. (B) Revenue described in subparagraph (A)(iii) may only be used to fulfill the requirements of such non-Federal fund matching requirement if— (i) no Federal funds apportioned to the State fish and wildlife department of such State from the Wildlife Restoration Program or the Sport Fish Restoration Program have been reverted because of a failure to fulfill such non-Federal fund matching requirement by such State during the previous 2 years; and (ii) the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need. (8) Definitions In this subsection, the following definitions apply: (A) Partnerships The term partnerships may include collaborative efforts with Federal agencies, State agencies, local agencies, Indian Tribes, nonprofit organizations, academic institutions, industry groups, and private individuals to implement a State’s Wildlife Conservation Strategy. (B) Species of greatest conservation need The term ‘species of greatest conservation need’ may be fauna or flora, and may include terrestrial, aquatic, marine, and invertebrate species that are of low population, declining, rare, or facing threats and in need of conservation attention, as determined by each State fish and wildlife department, with respect to funds apportioned to such State. (C) Territory and territories The terms territory and territories mean the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. (D) Wildlife The term wildlife means any species of wild, freeranging fauna, including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range. . (b) Allocation and Apportionment of available amounts Section 4 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c ) is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking to the District of Columbia and to the Commonwealth of Puerto Rico, each and inserting To the District of Columbia ; (ii) in subparagraph (B)— (I) by striking to Guam and inserting To Guam ; and (II) by striking not more than one-fourth of one percent and inserting not less than one-third of one percent ; and (iii) by adding at the end the following: (C) To the Commonwealth of Puerto Rico, a sum equal to not less than 1 percent thereof. ; (B) in paragraph (2)(A)— (i) by amending clause (i) to read as follows: (i) one-half of which is based on the ratio to which the land and water area of such State bears to the total land and water area of all such States; ; (ii) in clause (ii)— (I) by striking two-thirds and inserting one-quarter ; and (II) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) one-quarter of which is based upon the ratio to which the number of species listed as endangered or threatened under the Endangered Species Act of 1973 ( 15 U.S.C. 1531 et seq. ) in such State bears to the total number of such species listed in all such States. ; (C) by amending paragraph (2)(B) to read as follows: (B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State, unless otherwise designated, shall be apportioned a sum which is less than 1 percent or more than 5 percent of the amount available for apportionment under— (i) subparagraph (A)(i); (ii) subparagraph (A)(ii); and (iii) the overall amount available for subparagraph (A). ; and (D) in paragraph (3), by striking 3 percent and inserting 1.85 percent ; (2) in subsection (e)(4), as redesignated— (A) by amending subparagraph (B) to read as follows: (B) Not more than an average of 15 percent over a 5-year period of amounts apportioned to each State, territory, or the District of Columbia under this section for a wildlife conservation and restoration program may be used for wildlife conservation education and wildlife-associated recreation. ; and (B) by inserting after subparagraph (B), as so amended, the following: (C) $55 million shall be reserved for States and territories that include plants among their species of greatest conservation need and in the conservation planning and habitat prioritization efforts of their Wildlife Conservation Strategy. Each eligible State, territory, or the District of Columbia shall receive an additional 5 percent of their apportioned amount. Any unallocated resources shall be allocated proportionally among all States and territories under the formulas of this section. ; and (3) by adding at the end following: (f) Minimization of planning and reporting Nothing in this Act shall be interpreted to require a State to create a comprehensive strategy related to conservation education or outdoor recreation. (g) Accountability Not more than one year after the date of enactment of the Recovering America’s Wildlife Act of 2021 and every 3 years thereafter, each State fish and wildlife department shall submit a 3-year work plan and budget for implementing its Wildlife Conservation Strategy and a report describing the results derived from activities accomplished under subsection (c)(4) during the previous 3 years to— (1) the Committee on Environment and Public Works of the Senate; (2) the Committee on Natural Resources of the House of Representatives; and (3) the United States Fish and Wildlife Service. . 102. Technical amendments (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a ) is amended— (1) in paragraph (7), by striking including fish, ; (2) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (3) in paragraph (6), as redesignated by paragraph (2), by inserting Indian Tribes, academic institutions, before wildlife conservation organizations . (b) Conforming amendments The Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a et seq. ) is amended— (1) in section 3— (A) in subsection (a)— (i) by striking (1) An amount equal to and inserting An amount equal to ; and (ii) by striking paragraph (2); (B) in subsection (c)— (i) in paragraph (9), as redesignated by section 101(a)(1), by striking or an Indian tribe ; and (ii) in paragraph (10), as redesignated by section 101(a)(1), by striking Wildlife Conservation and Restoration Account and inserting Subaccount ; and (C) in subsection (d), by striking Wildlife Conservation and Restoration Account and inserting Subaccount ; (2) in section 4 ( 16 U.S.C. 669c )— (A) in subsection (d), as redesignated— (i) in the heading, by striking account and inserting subaccount ; and (ii) by striking Account each place it appears and inserting Subaccount ; and (B) in subsection (e)(1), as redesignated, by striking Account and inserting Subaccount ; and (3) in section 8 ( 16 U.S.C. 669g ), in subsection (a), by striking Account and inserting Subaccount . 103. Savings clause The Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ) is amended— (1) by redesignating section 13 as section 15; and (2) by inserting after section 12 the following: 13. Savings clause Nothing in this Act shall be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the law and regulations of the State on lands and waters within the State, including on Federal lands and waters. 14. Statutory construction with respect to Alaska If any conflict arises between any provision of this Act and any provision of the Alaska National Interest Lands Conservation Act ( Public Law 46–487 , 16 U.S.C. 3101 et seq. ), then the provision in the Alaska National Interest Lands Conservation Act shall prevail. . II Tribal Wildlife Conservation and Restoration 201. Indian Tribes (a) Definitions In this section: (1) Account The term Account means the Tribal Wildlife Conservation and Restoration Account established by subsection (b)(1). (2) Indian tribe The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Secretary The term Secretary means the Secretary of the Interior. (4) Tribal species of greatest conservation need The term Tribal species of greatest conservation need means any species identified by an Indian Tribe as requiring conservation management because of declining population, habitat loss, or other threats, or because of their biological or cultural importance to such Tribe. (5) Wildlife The term wildlife means— (A) any species of wild flora or fauna including fish and marine mammals; (B) flora or fauna in a captive breeding, rehabilitation, and holding or quarantine program, the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range or to maintain a species for conservation purposes; and (C) does not include game farm animals. (b) Tribal wildlife conservation and restoration account (1) In general There is established in the Treasury an account to be known as the Tribal Wildlife Conservation and Restoration Account . (2) Availability Amounts in the Account shall be available for each fiscal year without further appropriation for apportionment in accordance with this title. (3) Deposits into Account (A) In general Beginning in fiscal year 2022, and for each fiscal year thereafter, the Secretary of the Treasury shall transfer $97,500,000 from the general fund of the Treasury to the Account. (B) Funding source (i) Definition In this subparagraph, the term remaining natural resource or environmental-related violation revenue means the amount of all civil or criminal penalties, fines, sanctions, forfeitures, or other revenues resulting from natural resource or environmental-related violations or enforcement actions by any Federal agency that are not directed to be deposited in a fund other than the general fund of the Treasury or have otherwise been appropriated. (ii) Use of revenue Beginning in fiscal year 2022, and for each fiscal year thereafter, the total amount of the remaining natural resource or environmental-related violation revenue with respect to the previous fiscal year— (I) shall be deposited in the general fund of the Treasury; and (II) shall be available for the purposes of the transfer under subparagraph (A). (c) Distribution of funds to Indian tribes Each fiscal year, the Secretary of the Treasury shall deposit funds into the Account and distribute such funds through a noncompetitive application process according to guidelines and criteria, and reporting requirements determined by the Secretary of the Interior, acting through the Director of the Bureau of Indian Affairs, in consultation with Indian Tribes. Such funds shall remain available until expended. (d) Wildlife management responsibilities The distribution guidelines and criteria described in subsection (c) shall be based, in part, upon Indian Tribes’ wildlife management responsibilities. (e) Use of funds (1) In general Except as provided in paragraph (2), the Secretary may distribute funds from the Account to an Indian Tribe for any of the following purposes: (A) To develop, carry out, revise, or enhance wildlife conservation and restoration programs to manage Tribal species of greatest conservation need and the habitats of such species as determined by the Indian Tribe. (B) To assist in the recovery of species listed as an endangered or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (C) For wildlife conservation education and wildlife-associated recreation projects. (D) To manage a Tribal species of greatest conservation need and the habitat of such species, the range of which may be shared with a foreign country, State, or other Indian Tribe. (E) To manage, control, and prevent invasive species as well as diseases and other risks to wildlife. (F) For law enforcement activities that are directly related to the protection and conservation of wildlife. (G) To develop, revise, and implement comprehensive wildlife conservation strategies and plans for such Tribe. (H) For the hiring and training of wildlife conservation and restoration program staff. (2) Conditions on the use of funds (A) Required use of funds In order to be eligible to receive funds under subsection (c), a Tribe’s application must include a proposal to use funds for at least one of the purposes described in subparagraphs (A) and (B) of paragraph (1). (B) Imperiled species recovery In distributing funds under this section, the Secretary shall distribute not less than 15 percent of the total funds distributed to proposals to fund the recovery of a species, subspecies, or distinct population segment listed as a threatened species, endangered species, or candidate species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) or Tribal law. (C) Limitation In distributing funds under this section, the Secretary shall distribute not more than 15 percent of all funds distributed under this section for the purpose described in paragraph (1)(C). (f) No matching funds required No Indian Tribe shall be required to provide matching funds to be eligible to receive funds under this Act. (g) Public access not required Funds apportioned from the Tribal Wildlife Conservation and Restoration Account shall not be conditioned upon the provision of public or non-Tribal access to Tribal or private lands, waters, or holdings. (h) Administrative costs Of the funds deposited under subsection (b)(3) for each fiscal year, not more than 3 percent shall be used by the Secretary for administrative costs. (i) Savings clause Nothing in this Act shall be construed as modifying or abrogating a treaty with any Indian Tribe, or as enlarging or diminishing the authority, jurisdiction, or responsibility of an Indian Tribe to manage, control, or regulate wildlife. | https://www.govinfo.gov/content/pkg/BILLS-117s2372is/xml/BILLS-117s2372is.xml |
117-s-2373 | II 117th CONGRESS 1st Session S. 2373 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mrs. Capito (for herself, Mr. Whitehouse , Mr. Barrasso , Mr. Booker , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To reestablish United States global leadership in nuclear energy, revitalize domestic nuclear energy supply chain infrastructure, support the licensing of advanced nuclear technologies, and improve the regulation of nuclear energy, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the American Nuclear Infrastructure Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Reestablishing American international competitiveness and global leadership Sec. 101. International nuclear reactor export and innovation activities. Sec. 102. Denial of certain domestic licenses for national security purposes. Sec. 103. Export license requirements. TITLE II—Expanding nuclear energy through advanced nuclear technologies Sec. 201. Advanced nuclear reactor prizes. Sec. 202. Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications. Sec. 203. Enabling preparations for the demonstration of advanced nuclear reactors on Department sites. TITLE III—Preserving existing nuclear energy generation Sec. 301. Nuclear reactor incentives. Sec. 302. Report on lessons learned during the COVID–19 public health emergency. Sec. 303. Investment by allies. TITLE IV—Revitalizing America's nuclear supply chain infrastructure and workforce Sec. 401. Report on advanced methods of manufacturing and construction for nuclear energy applications. Sec. 402. Nuclear energy traineeship. TITLE V—Miscellaneous Sec. 501. Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States. Sec. 502. Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land. Sec. 503. Nuclear closure communities. Sec. 504. Report on corporate support. Sec. 505. Technical correction. 2. Definitions In this Act: (1) Accident tolerant fuel The term accident tolerant fuel has the meaning given the term in section 107(a) of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577). (2) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (3) Advanced nuclear fuel The term advanced nuclear fuel means— (A) advanced nuclear reactor fuel (as defined in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 )); and (B) accident tolerant fuel. (4) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ). (5) Appropriate committees of C ongress The term appropriate committees of Congress means— (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (6) Chairman The term Chairman means the Chairman of the Nuclear Regulatory Commission. (7) Commission The term Commission means the Nuclear Regulatory Commission. (8) Department The term Department means the Department of Energy. (9) Early site permit The term early site permit has the meaning given the term in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation). (10) High-assay, low-enriched uranium The term high-assay, low-enriched uranium means uranium with an assay greater than 5 weight percent, but less than 20 weight percent, of the uranium-235 isotope. (11) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (12) 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 ). (13) Removal; remedial action The terms removal and remedial action have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (14) Secretary The term Secretary means the Secretary of Energy. (15) Tribal land The term Tribal land has the meaning given the term Indian country in section 1151 of title 18, United States Code. I Reestablishing American international competitiveness and global leadership 101. International nuclear reactor export and innovation activities (a) Coordination (1) In general The Commission shall— (A) coordinate all work of the Commission relating to— (i) nuclear reactor import and export licensing; and (ii) international regulatory cooperation and assistance relating to nuclear reactors, including with countries that are members of the Organisation for Economic Co-operation and Development; and (B) support interagency and international coordination with respect to— (i) the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear systems; (ii) efforts to help build competent nuclear regulatory organizations and legal frameworks in countries seeking to develop nuclear power; and (iii) exchange programs and training provided to other countries relating to nuclear regulation and oversight to improve nuclear technology licensing, in accordance with paragraph (2). (2) Exchange programs and training With respect to the exchange programs and training described in paragraph (1)(B)(iii), the Commission shall coordinate, as applicable, with— (A) the Secretary; (B) National Laboratories; (C) the private sector; and (D) institutions of higher education. (b) Authority To establish branch The Commission may establish within the Office of International Programs a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out such international nuclear reactor export and innovation activities as the Commission determines to be appropriate and within the mission of the Commission. (c) Exclusion of international activities from the fee base (1) In general Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (A) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 101(a) of the American Nuclear Infrastructure Act of 2021 . ; and (B) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in section 101(a) of the American Nuclear Infrastructure Act of 2021 . . (2) Effective date The amendments made by paragraph (1) shall take effect on October 1, 2022. (d) Savings clause Nothing in this section alters the authority of the Commission to license and regulate the civilian use of radioactive materials. 102. Denial of certain domestic licenses for national security purposes (a) Definition of covered fuel In this section, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (1) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (2) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (b) Prohibition on unlicensed possession or ownership of covered fuel Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (c) License To possess or own covered fuel (1) Consultation required prior to issuance The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) and part 70 of title 10, Code of Federal Regulations (or successor regulations), unless the Commission has first consulted with the Secretary and the Secretary of State before issuing the license. (2) Prohibition on issuance of license (A) In general Subject to subparagraph (C), a license to possess or own covered fuel shall not be issued if the Secretary and the Secretary of State make the determination described in subparagraph (B). (B) Determination (i) In general The determination referred to in subparagraph (A) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (ii) Joint determination A determination described in clause (i) shall be jointly made by the Secretary and the Secretary of State. (iii) Timeline (I) Notice of application Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary and the Secretary of State of the application. (II) Determination The Secretary and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary and the Secretary of State under subclause (I) of an application for a license to possess or own covered fuel, in which to make the determination described in clause (i). (III) Commission notification On making the determination described in clause (i), the Secretary and the Secretary of State shall immediately notify the Commission. (IV) Congressional notification Not later than 30 days after the date on which the Secretary and the Secretary of State notify the Commission under subclause (III), the Commission shall notify the appropriate committees of Congress of the determination. (V) Public notice Not later than 15 days after the date on which the Commission notifies Congress under subclause (IV) of a determination made under clause (i), the Commission shall make that determination publicly available. (C) Effect of no determination The prohibition described in subparagraph (A) shall not apply if the Secretary and the Secretary of State do not make the determination described in subparagraph (B) by the date described in clause (iii)(II) of that subparagraph. (d) Savings clause Nothing in this section alters any treaty or international agreement in effect on the date of enactment of this Act. 103. Export license requirements (a) Definition of low-Enriched uranium In this section, the term low-enriched uranium means uranium enriched to less than 20 percent of the uranium-235 isotope. (b) Requirement The Commission shall not issue an export license for the transfer of any item described in subsection (d) to a country described in subsection (c) unless the Commission makes a determination that such transfer will not be inimical to the interests of the United States. (c) Countries described A country referred to in subsection (b) is a country that— (1) has not concluded and ratified an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency; or (2) has not ratified or acceded to the amendment to the Convention on the Physical Protection of Nuclear Material, signed at Vienna and New York March 3, 1980, described in the information circular of the International Atomic Energy Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016. (d) Items described An item referred to in subsection (b) includes— (1) unirradiated nuclear fuel containing special nuclear material (as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )), excluding low-enriched uranium; (2) a nuclear reactor that uses nuclear fuel described in paragraph (1); and (3) any plant or component listed in Appendix I to part 110 of title 10, Code of Federal Regulations (or successor regulations), that is involved in— (A) the reprocessing of irradiated nuclear reactor fuel elements; (B) the separation of plutonium; or (C) the separation of the uranium-233 isotope. (e) Notification If the Commission makes a determination under subsection (b) that the transfer of any item described in subsection (d) to a country described in subsection (c) will not be inimical to the interests of the United States, the Commission shall notify the appropriate committees of Congress. II Expanding nuclear energy through advanced nuclear technologies 201. Advanced nuclear reactor prizes Section 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5571) is amended by adding at the end the following: (f) Prizes for advanced nuclear reactor licensing (1) Prize for advanced nuclear reactor licensing (A) In general Subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first non-Federal entity to which the Commission issues— (i) an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) a finding required under section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), for a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award An award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories An award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission issues— (I) a license in accordance with clause (i) of subparagraph (A); or (II) a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )) or depleted uranium as fuel for the advanced nuclear reactor; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission issues— (aa) a license in accordance with clause (i) of subparagraph (A); or (bb) a finding in accordance with clause (ii) of that subparagraph; and (iii) an advanced nuclear reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission issues— (aa) a license in accordance with clause (i) of subparagraph (A); or (bb) a finding in accordance with clause (ii) of that subparagraph. (2) Federal funding limitation An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 )) by the entity receiving the award for licensing costs relating to the project for which the award is made. . 202. Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications (a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this section as the report ) addressing any unique licensing issues or requirements relating to— (1) the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (2) the use of advanced nuclear reactors exclusively for nonelectric applications; and (3) the colocation of nuclear reactors with industrial plants or other facilities. (b) Stakeholder input In developing the report, the Commission shall seek input from— (1) the Secretary; (2) the nuclear energy industry; (3) technology developers; (4) the industrial, chemical, and medical sectors; (5) nongovernmental organizations; and (6) other public stakeholders. (c) Contents (1) In general The report shall describe— (A) any unique licensing issues or requirements relating to the matters described in paragraphs (1) through (3) of subsection (a), including, with respect to the nonelectric applications referred to in paragraphs (1) and (2) of that subsection, any licensing issues or requirements relating to the use of nuclear energy in— (i) hydrogen or other liquid and gaseous fuel or chemical production; (ii) water desalination and wastewater treatment; (iii) heat for industrial processes; (iv) district heating; (v) energy storage; (vi) industrial or medical isotope production; and (vii) other applications, as identified by the Commission; (B) options for addressing those issues or requirements— (i) within the existing regulatory framework; (ii) as part of the technology-inclusive regulatory framework required under subsection (a)(4) of section 103 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) or described in the report required under subsection (e) of that section ( Public Law 115–439 ; 132 Stat. 5575); or (iii) through a new rulemaking; and (C) the extent to which Commission action is needed to implement any matter described in the report. (2) Cost estimates, budgets, and timeframes The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance in the licensing of nuclear reactors for nonelectric applications. 203. Enabling preparations for the demonstration of advanced nuclear reactors on Department sites (a) In general Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) (as amended by section 101(c)) is amended by adding at the end the following: (v) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site; and (II) pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2022. III Preserving existing nuclear energy generation 301. Nuclear reactor incentives (a) Definitions In this section: (1) Certified nuclear reactor The term certified nuclear reactor means a nuclear reactor that— (A) operates in a competitive electricity market; and (B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d). (2) Credit The term credit means a credit allocated to a certified nuclear reactor under subsection (e)(2). (b) Establishment of program Subject to the availability of appropriations, the Administrator, in consultation with the Secretary, shall establish an emissions avoidance program— (1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and (2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection. (c) Certification (1) Application (A) In general In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate, including— (i) information on the operating costs necessary to make the examination described in paragraph (2)(A)(ii)(II), including— (I) the average annual operating loss per megawatt-hour expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated; (II) any private or publicly available data with respect to current or projected bulk power market prices; (III) out-of-market revenue streams; (IV) operations and maintenance costs; (V) capital costs, including fuel; and (VI) operational and market risks; (ii) an estimate of the potential incremental emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants that would result if the nuclear reactor were to cease operations; (iii) information on the source of recovered uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and (iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated— (I) without receiving additional credits; or (II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period. (B) Timeline The Administrator shall accept applications described in subparagraph (A)— (i) until the date that is 120 days after the date of enactment of this Act; and (ii) not less frequently than every year thereafter. (2) Determination to certify (A) Determination (i) In general Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Administrator, in consultation with the Secretary, shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph. (ii) Minimum requirements To the maximum extent practicable, the Administrator, in consultation with the Secretary, shall only certify a nuclear reactor under clause (i) if— (I) the nuclear reactor has a good safety record, as determined by the Action Matrix of the Commission or the Performance Indicators of the Reactor Oversight Process, such that the nuclear reactor falls under the licensee response column indicating no current significant safety issues; (II) after considering the information submitted under paragraph (1)(A)(i), the Administrator determines that the nuclear reactor is projected to cease operations due to economic factors; and (III) after considering the estimate submitted under paragraph (1)(A)(ii), the Administrator determines that emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation. (iii) Priority In determining whether to certify a nuclear reactor under clause (i), the Administrator, in consultation with the Secretary, shall give priority to a nuclear reactor that uses uranium that is recovered, converted, enriched, and fabricated into fuel assemblies in the United States. (B) Notice For each application received under paragraph (1)(A), the Administrator, in consultation with the Secretary, shall provide to the applicable owner or operator, as applicable— (i) a notice of the certification of the applicable nuclear reactor; or (ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied. (d) Bidding process (1) In general Subject to paragraph (2), the Administrator shall establish a deadline by which each certified nuclear reactor shall submit to the Administrator a sealed bid that— (A) describes the price per megawatt-hour required to maintain operations of the certified nuclear reactor during the 4-year period for which the certified nuclear reactor would receive credits; and (B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated. (2) Requirement The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Administrator has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection. (e) Allocation (1) Auction The Administrator, in consultation with the Secretary, shall— (A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and (B) select certified nuclear reactors to be allocated credits. (2) Credits Subject to subsection (f)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection. (3) Requirement To the maximum extent practicable, the Administrator shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible. (f) Renewal (1) In general The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section. (2) Limitation Notwithstanding any other provision of this section, the Administrator may not allocate any credits after September 30, 2027. (g) Additional requirements (1) Audit During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Administrator, in consultation with the Secretary, shall periodically audit the certified nuclear reactor. (2) Recapture The Administrator shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)— (A) terminates operations; or (B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor. (3) Confidentiality The Administrator, in consultation with the Secretary, shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. (h) 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 allocated to certified nuclear reactors, which shall include— (1) an evaluation of the effectiveness of the credits in avoiding emissions of carbon dioxide, nitrogen oxides, sulfur oxides, particulate matter, and hazardous air pollutants while ensuring grid reliability; (2) a quantification of the ratepayer savings achieved under this section; and (3) any recommendations to renew or expand the credits. (i) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2022 through 2027. 302. Report on lessons learned during the COVID–19 public health emergency (a) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. (b) Contents The report under subsection (a) shall include— (1) an identification of the processes, procedures, and other regulatory policies that were revised or temporarily suspended during the public health emergency described in subsection (a); (2) a review of actions, if any, taken by the Commission that examines how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under paragraph (1) may or may not have compromised the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment; (3) a description of any process efficiencies or challenges that resulted from the matters identified under paragraph (1); (4) a discussion of lessons learned from the matters described in paragraphs (1), (2), and (3); (5) a list of actions that the Commission may take to incorporate into the licensing activities and regulations of the Commission, without compromising the mission of the Commission— (A) the lessons described in paragraph (4); and (B) the information provided under paragraphs (2) and (3); and (6) a description of when the actions described in paragraph (5) may be implemented. 303. Investment by allies (a) In general The prohibitions against issuing certain licenses for utilization facilities to certain corporations and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in subsection (b) if the Commission determines that issuance of the applicable license to that entity is not inimical to— (1) the common defense and security; or (2) the health and safety of the public. (b) Entities described An entity referred to in subsection (a) is a corporation or other entity that is owned, controlled, or dominated by— (1) the government of— (A) a country that is a member of the Group of Seven as of November 25, 2020, which includes the United Kingdom, Germany, Canada, Japan, France, and Italy; or (B) the Republic of Korea; (2) a corporation that is incorporated in a country described in subparagraph (A) or (B) of paragraph (1); or (3) an alien who is a national of a country described in subparagraph (A) or (B) of paragraph (1). (c) Technical amendment Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence, by striking any any and inserting any . (d) Savings clause Nothing in this section affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ). IV Revitalizing America's nuclear supply chain infrastructure and workforce 401. Report on advanced methods of manufacturing and construction for nuclear energy applications (a) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this section as the report ) on manufacturing and construction for nuclear energy applications. (b) Stakeholder input In developing the report, the Commission shall seek input from— (1) the Secretary; (2) the nuclear energy industry; (3) National Laboratories; (4) institutions of higher education; (5) nuclear and manufacturing technology developers; (6) the manufacturing and construction industries; (7) standards development organizations; (8) labor unions; (9) nongovernmental organizations; and (10) other public stakeholders. (c) Contents (1) In general The report shall— (A) examine any unique licensing issues or requirements relating to the use of innovative— (i) advanced manufacturing processes; and (ii) advanced construction techniques; (B) examine— (i) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy applications; (ii) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and (iii) opportunities to use standard materials that are in compliance with existing codes to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes; (C) identify any safety aspects of innovative advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance may be updated or created, as necessary; (D) identify options for addressing the issues, requirements, and opportunities examined under subparagraphs (A) and (B)— (i) within the existing regulatory framework; or (ii) through a new rulemaking; and (E) describe the extent to which Commission action is needed to implement any matter described in the report. (2) Cost estimates, budgets, and timeframes The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for manufacturing and construction for nuclear energy applications. 402. Nuclear energy traineeship Section 313 of division C of the Omnibus Appropriations Act, 2009 ( 42 U.S.C. 16274a ), is amended— (1) in subsection (a), by striking Nuclear Regulatory ; (2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting and subsection (c) after paragraph (2) ; (3) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (5); and (B) by striking paragraph (1) and inserting the following: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Commission The term Commission means the Nuclear Regulatory Commission. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (4) National Laboratory The term National Laboratory has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). ; (4) in subsection (d)(2), by striking Nuclear Regulatory ; (5) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (6) by inserting after subsection (b) the following: (c) Nuclear energy traineeship subprogram (1) In general The Commission shall establish, as a subprogram of the Program, a nuclear energy traineeship subprogram under which the Commission, in coordination with institutions of higher education and trade schools, shall competitively award traineeships that provide focused training to meet critical mission needs of the Commission and nuclear workforce needs, including needs relating to— (A) nuclear criticality safety; and (B) the nuclear tradecraft workforce. (2) Requirements In carrying out the nuclear energy traineeship subprogram described in paragraph (1), the Commission shall— (A) coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on— (i) nuclear workforce needs; and (ii) critical mission needs of the Commission; (B) encourage appropriate partnerships among— (i) National Laboratories; (ii) institutions of higher education; (iii) trade schools; and (iv) the nuclear energy industry; and (C) on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— (i) address the workforce needs of the nuclear energy community; and (ii) support critical mission needs of the Commission. . V Miscellaneous 501. Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States (a) Definitions In this section: (1) High-level radioactive waste The term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (2) Spent nuclear fuel The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (3) Standard contract The term standard contract has the meaning given the term contract in section 961.3 of title 10, Code of Federal Regulations (or a successor regulation). (b) Report Not later than January 1, 2023, and annually thereafter, the Secretary shall submit to Congress a report that describes— (1) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ) resulting in financial damages to the holder; (2) the amount spent by the Department to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ); (3) the cumulative amount spent by the Department to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report; (4) the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050; (5) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States; and (6) any recommendations for improving the methods used by the Department for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities. 502. Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land (a) Definitions In this section: (1) Eligible non-NPL site The term eligible non-NPL site means a site that— (A) is not on the National Priorities List; but (B) the Administrator determines would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) ). (2) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (3) National Priorities List The term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (b) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2022 through 2031, to remain available until expended— (1) $97,000,000 to the Administrator to carry out this section (except for subsection (d)); and (2) $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out subsection (d). (c) Uses of amounts Amounts appropriated under subsection (b)(1) shall be used by the Administrator— (1) to carry out removal actions on abandoned mine land located on Tribal land; (2) to carry out remedial actions on abandoned mine land located on Tribal land at— (A) eligible non-NPL sites; and (B) sites listed on the National Priorities List; and (3) to make grants under subsection (e). (d) Health assessments Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land. (e) Grants for technical assistance (1) In general The Administrator may use amounts appropriated under subsection (b)(1) to make grants to Indian Tribes on whose land is located an eligible non-NPL site. (2) Use of grant funds A grant under paragraph (1) shall be used in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) ). (3) Limitations A grant under paragraph (1) shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) ), except that— (A) Administrator of the Environmental Protection Agency shall be substituted for President each place it appears in that section; and (B) in the first sentence of that section, under section 502 of the American Nuclear Infrastructure Act of 2021 shall be substituted for under this subsection . (f) Statute of limitations If a remedial action described in subsection (c)(2) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph (B) of section 113(g)(1) of that Act ( 42 U.S.C. 9613(g)(1) ). (g) Coordination The Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— (1) selecting and prioritizing sites for removal actions and remedial actions under paragraphs (1) and (2) of subsection (c); and (2) carrying out those removal actions and remedial actions. 503. Nuclear closure communities (a) Definitions In this section: (1) Community advisory board The term community advisory board means a community committee or other advisory organization that aims to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. (2) Decommission The term decommission has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (3) Eligible recipient The term eligible recipient has the meaning given the term in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 ). (4) Licensee The term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or successor regulations). (5) Nuclear closure community The term nuclear closure community means a unit of local government, including a county, city, town, village, school district, or special district that has been impacted, or reasonably demonstrates to the satisfaction of the Secretary, that it will be impacted, by a nuclear power plant licensed by the Commission that has ceased operation or has provided a written notification to the Commission that it will cease operations as of the date of enactment of this Act. (6) Secretary The term Secretary means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible recipients— (1) to assist with economic development in nuclear closure communities; and (2) to fund community advisory boards in nuclear closure communities. (c) Requirement In carrying out this section, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5577) entitled Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants . (d) Distribution of funds The Secretary shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this section. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary— (A) to carry out subsection (b)(1), $30,000,000 for each of fiscal years 2022 through 2027; and (B) to carry out subsection (b)(2), $5,000,000 for each of fiscal years 2022 through 2024. (2) Availability Amounts made available under this section shall remain available for a period of 5 years beginning on the date on which the amounts are made available. (3) No offset None of the funds made available under this section may be used to offset the funding for any other Federal program. 504. Report on corporate support Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report that describes— (1) the progress on the implementation of section 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) ); and (2) whether the Commission is meeting and is expected to meet the total budget authority caps required for corporate support under that section. 505. Technical correction Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation The Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities (1) In general Subject to paragraphs (2) and (3), the Commission . | https://www.govinfo.gov/content/pkg/BILLS-117s2373is/xml/BILLS-117s2373is.xml |
117-s-2374 | II 117th CONGRESS 1st Session S. 2374 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Cruz (for himself, Mr. Barrasso , Mr. Cotton , Mr. Cramer , Mr. Johnson , Mr. Tillis , Mr. Marshall , Mr. Graham , Mr. Scott of Florida , Mr. Rounds , Mr. Braun , Mr. Hagerty , Mr. Hoeven , Mr. Cornyn , Mrs. Hyde-Smith , Mr. Young , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to the Supreme Leader of the Islamic Republic of Iran, Ayatollah Ali Khamenei, and Sayyud Ebrahim Raisol-Sadati, who was elected president of the Islamic Republic of Iran in the 2021 presidential election.
1. Imposition of sanctions with respect to officials of the Islamic Republic of Iran The President shall impose the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (Subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) with respect to the Supreme Leader of the Islamic Republic of Iran, Ayatollah Ali Khamenei, and Sayyud Ebrahim Raisol-Sadati, who was elected president of the Islamic Republic of Iran in the 2021 presidential election. | https://www.govinfo.gov/content/pkg/BILLS-117s2374is/xml/BILLS-117s2374is.xml |
117-s-2375 | II 117th CONGRESS 1st Session S. 2375 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Rubio (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to prevent employers from using non-compete agreements in employment contracts for certain non-exempt employees.
1. Short title This Act may be cited as the Freedom To Compete Act . 2. Limitation on non-compete agreements (a) In general The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended by inserting after section 7 the following: 8. Limitation on non-compete agreements (a) Definition of non-Compete agreement In this section, the term non-compete agreement means an agreement, entered into between an employer and an employee, that restricts such employee from performing, after the employment relationship between the employer and the employee terminates, any of the following: (1) Any work for another employer for a specified period of time. (2) Any work in a specified geographical area. (3) Any work for another employer that is similar to such employee’s work for the employer that is a party to such agreement. (b) In general (1) No enforcement of non-compete agreements Any non-compete agreement entered into before the date of enactment of the Freedom To Compete Act shall be void and have no effect. An employer shall not enforce, or threaten to enforce, any non-compete agreement with an employee. (2) No new non-compete agreements Beginning on the date of enactment of the Freedom To Compete Act , an employer shall not enter into, extend, or renew any non-compete agreement with an employee. (3) Limit on applicability This subsection shall not apply with respect to any employee described in section 13(a)(1). (c) Rule of construction regarding trade secrets Nothing in this section shall preclude an employer from entering into an agreement with an employee to not share any information (including after the employee is no longer employed by the employer) regarding the employer or the employment that is a trade secret, as defined in section 1839 of title 18, United States Code. . (b) Enforcement (1) Prohibited act Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— (A) in paragraph (5), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: (6) to violate any of the provisions of section 8. . (2) Penalties Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended— (A) in subsection (a), by inserting , except that a person convicted of a violation of section 15(a)(6) shall not be subject to imprisonment after or both ; (B) in subsection (b), by inserting Any employer who violates the provisions of section 8 shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section. after the third sentence; (C) in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of such section. ; and (D) in subsection (e)(2), by striking section 6 or 7, relating to wages, and inserting section 6, 7, or 8, relating to wages or non-compete agreements, . (c) Conforming amendment Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) is repealed. (d) Effective date (1) In general The amendments made by this Act shall take effect 180 days after the date of enactment of this Act. (2) Applicability This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim for which proceedings commenced on or after the effective date described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s2375is/xml/BILLS-117s2375is.xml |
117-s-2376 | II 117th CONGRESS 1st Session S. 2376 IN THE SENATE OF THE UNITED STATES July 15, 2021 Mr. Cruz (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To ensure the parental guardianship rights of cadets and midshipmen consistent with individual and academic responsibilities, and for other purposes.
1. Short title This Act may be cited as the Candidates Afforded Dignity, Equality and Training (CADET) Act of 2021 . 2. Prohibition on limiting of certain parental guardianship rights of cadets and midshipmen (a) In general The Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Transportation, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, as appropriate, shall prescribe in regulations policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities. (b) Protection of parental guardianship rights The regulations prescribed under subsection (a) shall provide that— (1) a cadet or midshipman of a military service academy may not be required to give up his or her parental guardianship rights in the event of a pregnancy occurring after the beginning of the cadet's or midshipman's first day of academic courses; (2) except as provided under subsection (c), military service academy may not dis-enroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at the academy; and (3) a cadet or midshipman who becomes pregnant while enrolled at a military service academy shall be allowed to take leave for up to one year and return to the academy to resume classes afterward. (c) Responsibilities of parents enrolled at military service academies The regulations prescribed under subsection (a) shall require cadets and midshipmen with dependents to establish a family care plan with appropriate academy leadership. The family care plan shall include the following provisions: (1) The care plan must include a full-time provider responsible for the dependent who is not enrolled at the military service academy, as another parent or guardian of the dependent or a family member of the cadet or midshipman. The full-time care provider must have either full power-of-attorney authority or guardianship rights in order to prevent situations where the cadet or midshipman is pulled away from his or her duties and responsibilities at the military service academy. The cadet or midshipman may not rely on base facilities or child-care services, and must be able to function as any other cadet, including residing in academy dormitories. (2) Except as provided under subsection (d), the cadet or midshipman may not receive additional benefits or concessions from the military service academy on account of having a dependent, such as money or time off. (3) A cadet or midshipman with a dependent may not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a military service academy. (4) If both parents of a dependent are cadets or midshipmen, they must agree on the family care plan or face expulsion (with no incurred obligations). (d) Options for pregnant cadets and midshipmen The regulations prescribed under subsection (a) shall provide that females becoming pregnant while enrolled at a military service academy shall have, at a minimum, the following options: (1) At the conclusion of the current semester or when otherwise deemed medically appropriate, taking leave from the military service academy for up to one year followed by a return to full cadet or midshipman status. (2) Full release from the military service academy and any related obligations. (3) Enlistment in active-duty service, with all of the attendant benefits. (e) Treatment of males fathering a child while enrolled at military service academies The regulations prescribed under subsection (a) shall provide that males fathering a child while enrolled at a military service academy— (1) shall not be required to give up parental rights; and (2) shall not acquire any benefits or leave considerations as a result of fathering a child, except that— (A) academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth, which must be used in conjunction with the birth; and (B) in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to subsection (c) or selecting one of the options outlined in paragraphs (2) through (4) of subsection (d). (f) Rule of construction Nothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the military service academies. 3. Military service academy defined In this Act, the term military service academy means the following: (1) The United States Military Academy, West Point, New York. (2) The United States Naval Academy, Annapolis, Maryland. (3) The United States Air Force Academy, Colorado Springs, Colorado. (4) The United States Coast Guard Academy, New London, Connecticut. (5) The United States Merchant Marine Academy, Kings Point, New York. | https://www.govinfo.gov/content/pkg/BILLS-117s2376is/xml/BILLS-117s2376is.xml |
117-s-2377 | II Calendar No. 104 117th CONGRESS 1st Session S. 2377 IN THE SENATE OF THE UNITED STATES July 19, 2021 Mr. Manchin , from the Committee on Energy and Natural Resources , reported the following original bill; which was read twice and placed on the calendar A BILL To invest in the energy and outdoor infrastructure of the United States to deploy new and innovative technologies, update existing infrastructure to be reliable and resilient, and secure energy infrastructure against physical and cyber threats, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Energy Infrastructure 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—Grid infrastructure and resiliency Subtitle A—Grid infrastructure resilience and reliability Sec. 1001. Preventing outages and enhancing the resilience of the electric grid. Sec. 1002. Hazard mitigation using disaster assistance. Sec. 1003. Electric grid reliability and resilience research, development, and demonstration. Sec. 1004. Utility demand response. Sec. 1005. Siting of interstate electric transmission facilities. Sec. 1006. Rulemaking to increase the effectiveness of interregional transmission planning. Sec. 1007. Transmission facilitation program. Sec. 1008. Deployment of technologies to enhance grid flexibility. Sec. 1009. State energy security plans. Sec. 1010. State energy program. Sec. 1011. Power marketing administration transmission borrowing authority. Sec. 1012. Study of codes and standards for use of energy storage systems across sectors. Sec. 1013. Demonstration of electric vehicle battery second-life applications for grid services. Sec. 1014. Columbia Basin power management. Subtitle B—Cybersecurity Sec. 1101. Enhancing grid security through public-private partnerships. Sec. 1102. Energy Cyber Sense program. Sec. 1103. Incentives for advanced cybersecurity technology investment. Sec. 1104. Rural and municipal utility advanced cybersecurity grant and technical assistance program. Sec. 1105. Enhanced grid security. Sec. 1106. Cybersecurity plan. Sec. 1107. Savings provision. TITLE II—Supply chains for clean energy technologies Sec. 2001. Earth Mapping Resources Initiative. Sec. 2002. National Cooperative Geologic Mapping Program. Sec. 2003. National Geological and Geophysical Data Preservation Program. Sec. 2004. USGS energy and minerals research facility. Sec. 2005. Rare earth elements demonstration facility. Sec. 2006. Critical minerals supply chains and reliability. Sec. 2007. Battery processing and manufacturing. Sec. 2008. Electric drive vehicle battery recycling and second-life applications program. Sec. 2009. Advanced energy manufacturing and recycling grant program. Sec. 2010. Critical minerals mining and recycling research. Sec. 2011. 21st C entury E nergy W orkforce A dvisory B oard. TITLE III—Fuels and technology infrastructure investments Subtitle A—Carbon capture, utilization, storage, and transportation infrastructure Sec. 3001. Findings. Sec. 3002. Carbon utilization program. Sec. 3003. Carbon capture technology program. Sec. 3004. Carbon dioxide transportation infrastructure finance and innovation. Sec. 3005. Carbon storage validation and testing. Sec. 3006. Secure geologic storage permitting. Sec. 3007. Geologic carbon sequestration on the outer Continental Shelf. Sec. 3008. Carbon removal. Subtitle B—Hydrogen research and development Sec. 3101. Findings; purpose. Sec. 3102. Definitions. Sec. 3103. Clean hydrogen research and development program. Sec. 3104. Additional clean hydrogen programs. Sec. 3105. Clean hydrogen production qualifications. Subtitle C—Nuclear energy infrastructure Sec. 3201. Infrastructure planning for micro and small modular nuclear reactors. Sec. 3202. Property interests relating to certain projects and protection of information relating to certain agreements. Sec. 3203. Civil nuclear credit program. Subtitle D—Hydropower Sec. 3301. Hydroelectric production incentives. Sec. 3302. Hydroelectric efficiency improvement incentives. Sec. 3303. Maintaining and enhancing hydroelectricity incentives. Sec. 3304. Pumped storage hydropower wind and solar integration and system reliability initiative. Sec. 3305. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs. Sec. 3306. Limitations on issuance of certain leases of power privilege. Subtitle E—Miscellaneous Sec. 3401. Solar energy technologies on current and former mine land. Sec. 3402. Clean energy demonstration program on current and former mine land. Sec. 3403. Leases, easements, and rights-of-way for energy and related purposes on the outer Continental Shelf. TITLE IV—Enabling energy infrastructure investment and data collection Subtitle A—Department of Energy loan program Sec. 4001. Department of Energy loan programs. Subtitle B—Energy Information Administration Sec. 4101. Definitions. Sec. 4102. Data collection in the electricity sector. Sec. 4103. Expansion of energy consumption surveys. Sec. 4104. Data collection on electric vehicle integration with the electricity grids. Sec. 4105. Plan for the modeling and forecasting of demand for minerals used in the energy sector. Sec. 4106. Expansion of international energy data. Sec. 4107. Plan for the National Energy Modeling System. Sec. 4108. Report on costs of carbon abatement in the electricity sector. Sec. 4109. Harmonization of efforts and data. Subtitle C—Miscellaneous Sec. 4201. Consideration of measures to promote greater electrification of the transportation sector. Sec. 4202. Office of public participation. Sec. 4203. Digital climate solutions report. Sec. 4204. Study and report by the Secretary of Energy on job loss and impacts on consumer energy costs due to the revocation of the permit for the Keystone XL pipeline. Sec. 4205. Study on impact of electric vehicles. Sec. 4206. Study on impact of forced labor in China on the electric vehicle supply chain. TITLE V—Energy efficiency and building infrastructure Subtitle A—Residential and commercial energy efficiency Sec. 5001. Definitions. Sec. 5002. Energy efficiency revolving loan fund capitalization grant program. Sec. 5003. Energy auditor training grant program. Subtitle B—Buildings Sec. 5101. Cost-effective codes implementation for efficiency and resilience. Sec. 5102. Building, training, and assessment centers. Sec. 5103. Career skills training. Sec. 5104. Commercial building energy consumption information sharing. Subtitle C—Industrial energy efficiency PART I—Industry Sec. 5201. Future of industry program and industrial research and assessment centers. Sec. 5202. Sustainable manufacturing initiative. PART II—Smart manufacturing Sec. 5211. Definitions. Sec. 5212. Leveraging existing agency programs to assist small and medium manufacturers. Sec. 5213. Leveraging smart manufacturing infrastructure at National Laboratories. Sec. 5214. State manufacturing leadership. Sec. 5215. Report. Subtitle D—Schools and nonprofits Sec. 5301. Grants for energy efficiency improvements and renewable energy improvements at public school facilities. Sec. 5302. Energy efficiency materials pilot program. Subtitle E—Miscellaneous Sec. 5401. Weatherization assistance program. Sec. 5402. Energy Efficiency and Conservation Block Grant Program. Sec. 5403. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States. Sec. 5404. Assisting Federal Facilities with Energy Conservation Technologies grant program. Sec. 5405. Rebates. Sec. 5406. Model guidance for combined heat and power systems and waste heat to power systems. TITLE VI—Methane reduction infrastructure Sec. 6001. Orphaned well site plugging, remediation, and restoration. TITLE VII—Abandoned mine land reclamation Sec. 7001. Abandoned Mine Reclamation Fund authorization of appropriations. Sec. 7002. Abandoned mine reclamation fee. Sec. 7003. Amounts distributed from Abandoned Mine Reclamation Fund. Sec. 7004. Abandoned hardrock mine reclamation. TITLE VIII—Natural resources-related infrastructure, wildfire management, and ecosystem restoration Sec. 8001. Forest Service Legacy Road and Trail Remediation Program. Sec. 8002. Study and report on feasibility of revegetating reclaimed mine sites. Sec. 8003. Wildfire risk reduction. Sec. 8004. Ecosystem restoration. Sec. 8005. GAO study. Sec. 8006. Establishment of fuel breaks in forests and other wildland vegetation. Sec. 8007. Emergency actions. TITLE IX—Western water infrastructure Sec. 9001. Authorizations of appropriations. Sec. 9002. Water storage, groundwater storage, and conveyance projects. Sec. 9003. Small water storage and groundwater storage projects. Sec. 9004. Critical maintenance and repair. Sec. 9005. Competitive grant program for large-scale water recycling and reuse program. Sec. 9006. Drought contingency plan funding requirements. Sec. 9007. Multi-benefit projects to improve watershed health. Sec. 9008. Eligible desalination projects. Sec. 9009. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects. Sec. 9010. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects. TITLE X—Authorization of appropriations for Energy Act of 2020 Sec. 10001. Energy storage demonstration projects. Sec. 10002. Advanced reactor demonstration program. Sec. 10003. Mineral security projects. Sec. 10004. Carbon capture demonstration and pilot programs. Sec. 10005. Direct air capture technologies prize competitions. Sec. 10006. Water power projects. Sec. 10007. Renewable energy projects. Sec. 10008. Industrial emissions demonstration projects. TITLE XI—Wage rate requirements Sec. 11001. Wage rate requirements. TITLE XII—Miscellaneous Sec. 12001. Office of Clean Energy Demonstrations. Sec. 12002. Extension of Secure Rural Schools and Community Self-Determination Act of 2000. 2. Definitions In this Act: (1) Department The term Department means the Department of Energy. (2) 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 ). (3) Secretary The term Secretary means the Secretary of Energy. I Grid infrastructure and resiliency A Grid infrastructure resilience and reliability 1001. Preventing outages and enhancing the resilience of the electric grid (a) Definitions In this section: (1) Disruptive event The term disruptive event means an event in which operations of the electric grid are disrupted, preventively shut off, or cannot operate safely due to extreme weather, wildfire, or a natural disaster. (2) Eligible entity The term eligible entity means— (A) an electric grid operator; (B) an electricity storage operator; (C) an electricity generator; (D) a transmission owner or operator; (E) a distribution provider; (F) a fuel supplier; and (G) any other relevant entity, as determined by the Secretary. (3) Natural disaster The term natural disaster has the meaning given the term in section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5195a(a) ). (4) Power line The term power line includes a transmission line or a distribution line, as applicable. (5) Program The term program means the program established under subsection (b). (b) Establishment of program Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section. (c) Grants to eligible entities (1) In general The Secretary may make a grant under the program to an eligible entity to carry out activities that— (A) are supplemental to existing hardening efforts of the eligible entity planned for any given year; and (B) (i) reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or (ii) increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events. (2) Application (A) In general An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Requirement As a condition of receiving a grant under the program, an eligible entity shall submit to the Secretary, as part of the application of the eligible entity submitted under subparagraph (A), a report detailing past, current, and future efforts by the eligible entity to reduce the likelihood and consequences of disruptive events. (3) Limitation The Secretary may not award a grant to an eligible entity in an amount that is greater than the total amount that the eligible entity has spent in the previous 3 years on efforts to reduce the likelihood and consequences of disruptive events. (4) Priority In making grants to eligible entities under the program, the Secretary shall give priority to projects that, in the determination of the Secretary, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events. (5) Small utilities set aside The Secretary shall ensure that not less than 30 percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year. (d) Grants to States and Indian Tribes (1) In general The Secretary, in accordance with this subsection, may make grants under the program to States and Indian Tribes, which each State or Indian Tribe may use to award grants to eligible entities. (2) Annual application (A) In general For each fiscal year, to be eligible to receive a grant under this subsection, a State or Indian Tribe shall submit to the Secretary an application that includes a plan described in subparagraph (B). (B) Plan required A plan prepared by a State or Indian Tribe for purposes of an application described in subparagraph (A) shall— (i) describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities; (ii) be adopted after notice and a public hearing; and (iii) describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe. (3) Distribution of funds (A) In general The Secretary shall provide grants to States and Indian Tribes under this subsection based on a formula determined by the Secretary, in accordance with subparagraph (B). (B) Requirement The formula referred to in subparagraph (A) shall be based on the following factors: (i) The total population of the State or Indian Tribe. (ii) (I) The total area of the State or the land of the Indian Tribe; or (II) the areas in the State or on the land of the Indian Tribe with a low ratio of electricity customers per mileage of power lines. (iii) The probability of disruptive events in the State or on the land of the Indian Tribe during the previous 10 years, as determined based on the number of federally declared disasters or emergencies in the State or on the land of the Indian Tribe, as applicable, including— (I) disasters for which Fire Management Assistance Grants are provided under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ); (II) major disasters declared by the President under section 401 of that Act ( 42 U.S.C. 5170 ); (III) emergencies declared by the President under section 501 of that Act ( 42 U.S.C. 5191 ); and (IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe. (iv) The number and severity, measured by population and economic impacts, of disruptive events experienced by the State or Indian Tribe on or after January 1, 2011. (v) The total amount, on a per capita basis, of public and private expenditures during the previous 10 years to carry out mitigation efforts to reduce the likelihood and consequences of disruptive events in the State or on the land of the Indian Tribe, with States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as compared to States or Indian Tribes with lower per capita expenditures. (C) Annual update of data used in distribution of funds Beginning 1 year after the date of enactment of this Act, the Secretary shall annually update— (i) all data relating to the factors described in subparagraph (B); and (ii) all other data used in distributing grants to States and Indian Tribes under this subsection. (4) Oversight The Secretary shall ensure that each grant provided to a State or Indian Tribe under the program is allocated, pursuant to the applicable plan of the State or Indian Tribe, to eligible entities for projects within the State or on the land of the Indian Tribe. (5) Priority In making grants to eligible entities using funds made available to the applicable State or Indian Tribe under the program, the State or Indian Tribe shall give priority to projects that, in the determination of the State or Indian Tribe, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events. (6) Small utilities set aside A State or Indian Tribe receiving a grant under the program shall ensure that, of the amounts made available to eligible entities from funds made available to the State or Indian Tribe under the program, the percentage made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year is not less than the percentage of all customers in the State or Indian Tribe that are served by those eligible entities. (7) Technical assistance and administrative expenses Of the amounts made available to a State or Indian Tribe under the program each fiscal year, the State or Indian Tribe may use not more than 5 percent for— (A) providing technical assistance under subsection (g)(1)(A); and (B) administrative expenses associated with the program. (8) Matching requirement Each State and Indian Tribe shall be required to match 15 percent of the amount of each grant provided to the State or Indian Tribe under the program. (e) Use of grants (1) In general A grant awarded to an eligible entity under the program may be used for activities, technologies, equipment, and hardening measures to reduce the likelihood and consequences of disruptive events, including— (A) weatherization technologies and equipment; (B) fire-resistant technologies and fire prevention systems; (C) monitoring and control technologies; (D) the undergrounding of electrical equipment; (E) utility pole management; (F) the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors; (G) vegetation and fuel-load management; (H) the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events, including— (i) microgrids; and (ii) battery-storage subcomponents; (I) adaptive protection technologies; (J) advanced modeling technologies; (K) hardening of power lines, facilities, substations, of other systems; and (L) the replacement of old overhead conductors and underground cables. (2) Prohibitions and limitations (A) In general A grant awarded to an eligible entity under the program may not be used for— (i) construction of a new— (I) electric generating facility; or (II) large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or (ii) cybersecurity. (B) Certain investments eligible for recovery (i) In general An eligible entity may not seek cost recovery for the portion of the cost of any system, technology, or equipment that is funded through a grant awarded under the program. (ii) Savings provision Nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system, technology, or equipment that is not funded by a grant awarded under the program. (C) Application limitations An eligible entity may not submit an application for a grant provided by the Secretary under subsection (c) and a grant provided by a State or Indian Tribe pursuant to subsection (d) during the same application cycle. (f) Distribution of funding Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that— (1) 50 percent is used to award grants to eligible entities under subsection (c); and (2) 50 percent is used to make grants to States and Indian Tribes under subsection (d). (g) Technical and other assistance (1) In general The Secretary, States, and Indian Tribes may— (A) provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and (B) promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events. (2) Use of funds by the Secretary Of the amounts made available to the Secretary to carry out the program each fiscal year, the Secretary may use not more than 5 percent for— (A) providing technical assistance under paragraph (1)(A); and (B) administrative expenses associated with the program. (h) Matching requirement (1) In general Except as provided in paragraph (2), an eligible entity that receives a grant under this section shall be required to match 100 percent of the amount of the grant. (2) Exception for small utilities An eligible entity that sells not more than 4,000,000 megawatt hours of electricity per year shall be required to match 1/3 of the amount of the grant. (i) Biennial report to congress (1) In general Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter through 2026, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the program. (2) Requirements The report under paragraph (1) shall include information and data on— (A) the costs of the projects for which grants are awarded to eligible entities; (B) the types of activities, technologies, equipment, and hardening measures funded by those grants; and (C) the extent to which the ability of the power grid to withstand disruptive events has increased. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $5,000,000,000 for the period of fiscal years 2022 through 2026. 1002. Hazard mitigation using disaster assistance Section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(f)(12) ) is amended— (1) by inserting and wildfire after windstorm ; (2) by striking including replacing and inserting the following: “including— (A) replacing ; (3) in subparagraph (A) (as so designated)— (A) by inserting , wildfire, after extreme wind ; and (B) by adding and after the semicolon at the end; and (4) by adding at the end the following: (B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires; . 1003. Electric grid reliability and resilience research, development, and demonstration (a) Definition of Federal financial assistance In this section, the term Federal financial assistance has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations. (b) Energy infrastructure Federal financial assistance program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity means each of— (i) a State; (ii) a combination of 2 or more States; (iii) an Indian Tribe; (iv) a unit of local government; and (v) a public utility commission. (B) Program The term program means the competitive Federal financial assistance program established under paragraph (2). (2) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency , to provide, on a competitive basis, Federal financial assistance to eligible entities to carry out the purpose described in paragraph (3). (3) Purpose The purpose of the program is to coordinate and collaborate with electric sector owners and operators— (A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and (B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis. (4) Applications To be eligible to receive Federal financial assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of— (A) how the Federal financial assistance would be used; (B) the expected beneficiaries, and (C) in the case of a proposal from an eligible entity described in paragraph (1)(A)(ii), how the proposal would improve regional energy infrastructure. (5) Selection The Secretary shall select eligible entities to receive Federal financial assistance under the program on a competitive basis. (6) Cost share Section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ) shall apply to Federal financial assistance provided under the program. (7) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection, $5,000,000,000 for the period of fiscal years 2022 through 2026. (c) Energy improvement in rural or remote areas (1) Definition of rural or remote area In this subsection, the term rural or remote area means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. (2) Required activities The Secretary shall carry out activities to improve in rural or remote areas of the United States— (A) the resilience, safety, reliability, and availability of energy; and (B) environmental protection from adverse impacts of energy generation. (3) Federal financial assistance The Secretary, in consultation with the Secretary of the Interior, may provide Federal financial assistance to rural or remote areas for the purpose of— (A) overall cost-effectiveness of energy generation, transmission, or distribution systems; (B) siting or upgrading transmission and distribution lines; (C) reducing greenhouse gas emissions from energy generation by rural or remote areas; (D) providing or modernizing electric generation facilities; (E) developing microgrids; and (F) increasing energy efficiency. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection, $1,000,000,000 for the period of fiscal years 2022 through 2026. (d) Energy infrastructure resilience framework (1) In general The Secretary, in collaboration with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall develop common analytical frameworks, tools, metrics, and data to assess the resilience, reliability, safety, and security of energy infrastructure in the United States, including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment. (2) Assessment and report (A) Assessment The Secretary shall carry out an assessment of— (i) with respect to the inventory of high-voltage recovery transformers, new transformers, and other equipment proposed to be developed and stored under paragraph (1)— (I) the policies, technical specifications, and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers; (II) the technical specifications for high-voltage recovery transformers; (III) where inventory of high-voltage recovery transformers should be stored; (IV) the quantity of high-voltage recovery transformers necessary for the inventory; (V) how the stored inventory of high-voltage recovery transformers would be secured and maintained; (VI) how the high-voltage recovery transformers may be transported; (VII) opportunities for developing new flexible advanced transformer designs; and (VIII) whether new Federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers; and (ii) any efforts carried out by industry as of the date of the assessment— (I) to share transformers and equipment; (II) to develop plans for next generation transformers; and (III) to plan for surge and long-term manufacturing of, and long-term standardization of, transformer designs. (B) Protection of information Information that is provided to, generated by, or collected by the Secretary under subparagraph (A) shall be considered to be critical electric infrastructure information under section 215A of the Federal Power Act ( 16 U.S.C. 824o–1 ). (C) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the assessment carried out under subparagraph (A). 1004. Utility demand response (a) Consideration of demand-Response standard (1) 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) Demand-response practices (A) In general Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers to reduce electricity consumption during periods of unusually high demand. (B) Rate recovery (i) In general Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A). (ii) Nonregulated electric utilities A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A). . (2) Compliance (A) Time limitations 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 electric 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). . (B) Failure to comply (i) In general Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended— (I) by striking such paragraph (14) and all that follows through paragraphs (16) and inserting such paragraph (14). In the case of the standard established by paragraph (15) 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 (15). In the case of the standards established by paragraphs (16) ; 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 subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20). . (ii) Technical correction Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 971) is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(d) ) shall be in effect as if that amendment had not been enacted. (C) Prior State actions (i) 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. . (ii) 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 (20). . (b) Optional features of State energy conservation plans Section 362(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d) ) is amended— (1) in paragraph (16), by striking and at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: (17) programs that promote the installation and use of demand-response technology and demand-response practices; and . (c) Federal Energy Management Program Section 543(i) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(i) ) is amended— (1) in paragraph (1)— (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) to reduce energy consumption during periods of unusually high electricity or natural gas demand. ; and (2) in paragraph (3)(A)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (vii) promote the installation of demand-response technology and the use of demand-response practices in Federal buildings. . (d) Components of Zero-Net-Energy Commercial Buildings Initiative Section 422(d)(3) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17082(d) ) is amended by inserting (including demand-response technologies, practices, and policies) after policies . 1005. Siting of interstate electric transmission facilities (a) Designation of National Interest Electric Transmission Corridors Section 216(a) of the Federal Power Act ( 16 U.S.C. 824p(a) ) is amended— (1) in paragraph (1)— (A) by inserting and Indian Tribes after affected States ; and (B) by inserting capacity constraints and before congestion ; (2) in paragraph (2)— (A) by striking After and inserting Not less frequently than once every 3 years, the Secretary, after ; and (B) by striking affected States and all that follows through the period at the end and inserting the following: “affected States and Indian Tribes), shall issue a report, based on the study under paragraph (1) or other information relating to electric transmission capacity constraints and congestion, which may designate as a national interest electric transmission corridor any geographic area that— (i) is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or (ii) is expected to experience such energy transmission capacity constraints or congestion. ; (3) in paragraph (3)— (A) by striking The Secretary shall conduct the study and issue the report in consultation and inserting Not less frequently than once every 3 years, the Secretary, in conducting the study under paragraph (1) and issuing the report under paragraph (2), shall consult ; and (4) in paragraph (4)— (A) in subparagraph (C), by inserting or energy security after independence ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (F) the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid; (G) the designation— (i) maximizes existing rights-of-way; and (ii) avoids and minimizes, to the maximum extent practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage sites; and (H) the designation would result in a reduction in the cost to purchase electric energy for consumers. . (b) Construction Permit Section 216(b) of the Federal Power Act ( 16 U.S.C. 824p(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(ii), by inserting or interregional benefits after interstate benefits ; and (B) by striking subparagraph (C) and inserting the following: (C) a State commission or other entity that has authority to approve the siting of the facilities— (i) has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the later of— (I) the date on which the application was filed; and (II) the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a); (ii) has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or (iii) has denied an application seeking approval pursuant to applicable law; . (c) Rights-of-Way Section 216(e)(1) of the Federal Power Act ( 16 U.S.C. 824p(e)(1) ) is amended by striking modify the transmission facilities, the and inserting modify, and operate and maintain, the transmission facilities and, in the determination of the Commission, the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process, the . (d) Interstate Compacts Section 216(i) of the Federal Power Act ( 16 U.S.C. 824p(i) ) is amended— (1) in paragraph (2), by striking may and inserting shall ; and (2) in paragraph (4), by striking the members and all that follows through the period at the end and inserting the following: “the Secretary determines that the members of the compact are in disagreement after the later of— (A) the date that is 1 year after the date on which the relevant application for the facility was filed; and (B) the date that is 1 year after the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a). . 1006. Rulemaking to increase the effectiveness of interregional transmission planning (a) In general Not later than 180 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall initiate a rulemaking addressing— (1) the effectiveness of existing planning processes for identifying interregional transmission projects that provide economic, reliability and operational benefits, taking into consideration the public interest, the integrity of markets, and the protection of consumers; (2) changes to the processes described in paragraph (1) to ensure that efficient, cost-effective, and broadly beneficial interregional transmission solutions are selected for cost allocation, taking into consideration— (A) the public interest; (B) the protection of consumers; (C) the broad range of economic, reliability, and operational benefits that interregional transmission provides; (D) the needs of load-serving entities to satisfy their native load service obligations; (E) the need for single projects to secure approvals based on a comprehensive assessment of the multiple benefits provided; (F) the importance of synchronization of planning processes in neighboring regions, such as using a joint model on a consistent timeline with a single set of needs, input assumptions, and benefit metrics; (G) that evaluation of long-term scenarios should consider the expected life of a transmission asset and the potential for future changes in the topology of the transmission system; (H) that transmission planning authorities should allow for the identification and joint evaluation of alternatives; and (I) that interregional planning should be done regularly and not less frequently than once every 5 years; and (3) cost allocation methodologies that reflect the multiple benefits provided by interregional transmission solutions, including economic, reliability, and operational benefits. (b) Timing Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall promulgate a final rule to complete the rulemaking initiated under subsection (a). (c) Savings provision Nothing in this section modifies the obligations of the Commission under section 217(b)(4) of the Federal Power Act ( 16 U.S.C. 824q(b)(4) ). 1007. Transmission facilitation program (a) Definitions In this section: (1) Capacity contract The term capacity contract means a contract entered into by the Secretary and an eligible entity under subsection (e)(1)(A) for the right to the use of the transmission capacity of an eligible project. (2) Eligible electric power transmission line The term eligible electric power transmission line means an electric power transmission line that is capable of transmitting not less than— (A) 1,000 megawatts; or (B) in the case of a project that consists of upgrading an existing transmission line or constructing a new transmission line in an existing transmission, transportation, or telecommunications infrastructure corridor, 500 megawatts. (3) Eligible entity The term eligible entity means a non-Federal entity seeking to carry out an eligible project. (4) Eligible project The term eligible project means a project (including any related facility)— (A) to construct a new or replace an existing eligible electric power transmission line; (B) to increase the transmission capacity of an existing eligible electric power transmission line; or (C) to connect an isolated microgrid to an existing transmission, transportation, or telecommunications infrastructure corridor located in Alaska, Hawaii, or a territory of the United States. (5) Fund The term Fund means the Transmission Facilitation Fund established by subsection (d)(1). (6) Program The term program means the Transmission Facilitation Program established by subsection (b). (7) Related facility (A) In general The term related facility means a facility related to an eligible project described in paragraph (4). (B) Exclusions The term related facility does not include— (i) facilities used primarily to generate electric energy; or (ii) facilities used in the local distribution of electric energy. (b) Establishment There is established a program, to be known as the Transmission Facilitation Program , under which the Secretary shall facilitate the construction of non-Federal electric power transmission lines and related facilities in accordance with subsection (e). (c) Applications (1) In general To be eligible for assistance under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Procedures The Secretary shall establish procedures for the solicitation and review of applications from eligible entities. (d) Funding (1) Transmission facilitation fund There is established in the Treasury a fund, to be known as the Transmission Facilitation Fund , consisting of— (A) all amounts received by the Secretary, including receipts, collections, and recoveries, from any source relating to expenses incurred by the Secretary in carrying out the program, including— (i) costs recovered pursuant to paragraph (4); (ii) amounts received as repayment of a loan issued to an eligible entity under subsection (e)(1)(B); and (iii) amounts contributed by eligible entities for the purpose of carrying out an eligible project with respect to which the Secretary is participating with the eligible entity under subsection (e)(1)(C); (B) all amounts borrowed from the Secretary of the Treasury by the Secretary for the program under paragraph (2); and (C) any amounts appropriated to the Secretary for the program. (2) Borrowing authority The Secretary of the Treasury may, without further appropriation and without fiscal year limitation, loan to the Secretary on such terms as may be fixed by the Secretary and the Secretary of the Treasury, such sums as, in the judgment of the Secretary, are from time to time required for the purpose of carrying out the program, not to exceed, in the aggregate (including deferred interest), $2,500,000,000 in outstanding repayable balances at any 1 time. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program, including for any administrative expenses of carrying out the program that are not recovered under paragraph (4), $10,000,000 for each of fiscal years 2022 through 2026. (4) Cost recovery (A) In general Except as provided in subparagraph (B), the cost of any facilitation activities carried out by the Secretary under subsection (e)(1) shall be collected— (i) from eligible entities receiving the benefit of the applicable facilitation activity, on a schedule to be determined by the Secretary; or (ii) with respect to a contracted transmission capacity under subsection (e)(1)(A) through rates charged for the use of the contracted transmission capacity. (B) Forgiveness of balances (i) Termination or end of useful life If, at the end of the useful life of an eligible project or the termination of a capacity contract under subsection (f)(5), there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven. (ii) Unconstructed projects Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven. (C) Recovery of costs of eligible projects The Secretary may collect the costs of any activities carried out by the Secretary with respect to an eligible project in which the Secretary participates with an eligible entity under subsection (e)(1)(C) through rates charged to customers benefitting from the new transmission capability provided by the eligible project. (e) Facilitation of eligible projects (1) In general To facilitate eligible projects, the Secretary may— (A) subject to subsections (f) and (i), enter into a capacity contract with respect to an eligible project prior to the date on which the eligible project is completed; (B) subject to subsections (g) and (i), issue a loan to an eligible entity for the costs of carrying out an eligible project; or (C) subject to subsections (h) and (i), participate with an eligible entity in designing, developing, constructing, operating, maintaining, or owning an eligible project. (2) Requirement The provision and receipt of assistance for an eligible project under paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate— (A) to ensure the success of the program; and (B) to protect the interests of the United States. (f) Capacity contracts (1) Purpose In entering into capacity contracts under subsection (e)(1)(A), the Secretary shall seek to enter into capacity contracts that will encourage other entities to enter into contracts for the transmission capacity of the eligible project. (2) Payment The amount paid by the Secretary to an eligible entity under a capacity contract for the right to the use of the transmission capacity of an eligible project shall be— (A) the fair market value for the use of the transmission capacity, as determined by the Secretary, taking into account, as the Secretary determines to be necessary, the comparable value for the use of the transmission capacity of other electric power transmission lines; and (B) on a schedule and in such divided amounts, which may be a single amount, that the Secretary determines are likely to facilitate construction of the eligible project, taking into account standard industry practice and factors specific to each applicant, including, as applicable— (i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and (ii) the financial model of an independent transmission developer. (3) Limitations A capacity contract shall— (A) be for a term of not more than 40 years; and (B) be for not more than 50 percent of the total proposed transmission capacity of the applicable eligible project. (4) Transmission marketing (A) In general If the Secretary has not terminated a capacity contract under paragraph (5) before the applicable eligible project enters into service, the Secretary may enter into 1 or more contracts with a third party to market the transmission capacity of the eligible project to which the Secretary holds rights under the capacity contract. (B) Return The Secretary shall seek to ensure that any contract entered into under subparagraph (A) maximizes the financial return to the Federal Government. (C) Competitive solicitation The Secretary shall only select third parties for contracts under this paragraph through a competitive solicitation. (5) Termination (A) In general The Secretary shall seek to terminate a capacity contract as soon as practicable after determining that sufficient transmission capacity of the eligible project has been secured by other entities to ensure the long-term financial viability of the eligible project, including through 1 or more transfers under subparagraph (B). (B) Transfer On payment to the Secretary by a third party for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may transfer the rights to that transmission capacity to that third party. (C) Relinquishment On payment to the Secretary by the applicable eligible entity for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may relinquish the rights to that transmission capacity to the eligible entity. (D) Requirement A payment under subparagraph (B) or (C) shall be in an amount sufficient for the Secretary to recover any remaining costs incurred by the Secretary with respect to the quantity of transmission capacity affected by the transfer under subparagraph (B) or the relinquishment under subparagraph (C), as applicable. (6) Other federal capacity positions The existence of a capacity contract does not preclude a Federal entity, including a Federal power marketing administration, from otherwise securing transmission capacity at any time from an eligible project, to the extent that the Federal entity is authorized to secure that transmission capacity. (7) Form of financial assistance Entering into a capacity contract under subsection (e)(1)(A) shall be considered a form of financial assistance described in section 1508.1(q)(1)(vii) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (g) Interest rate on loans The rate of interest to be charged in connection with any loan made by the Secretary to an eligible entity under subsection (e)(1)(B) shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan. (h) Public-private partnerships The Secretary may participate with an eligible entity with respect to an eligible project under subsection (e)(1)(C) if the Secretary determines that the eligible project— (1) (A) is located in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act 16 U.S.C. 824p(a) ; or (B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity across more than 1 State or transmission planning region; (2) is consistent with efficient and reliable operation of the transmission grid; (3) will be operated in conformance with prudent utility practices; (4) will be operated in conformance with the rules of— (A) a Transmission Organization (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )), if applicable; or (B) a regional reliability organization; and (5) is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and related permitting proceedings. (i) Certification Prior to taking action to facilitate an eligible project under subparagraph (A), (B), or (C) of subsection (e)(1), the Secretary shall certify that— (1) the eligible project is in the public interest; (2) the eligible project is unlikely to be constructed in as timely a manner or with as much transmission capacity in the absence of facilitation under this section, including with respect to an eligible project for which a Federal investment tax credit may be allowed; and (3) it is reasonable to expect that the proceeds from the eligible project will be adequate, as applicable— (A) to recover the cost of a capacity contract entered into under subsection (e)(1)(A); (B) to repay a loan provided under subsection (e)(1)(B); or (C) to repay any amounts borrowed from the Secretary of the Treasury under subsection (d)(2). (j) Other authorities, limitations, and effects (1) Participation The Secretary may permit other entities to participate in the financing, construction, and ownership of eligible projects facilitated under this section. (2) Operations and maintenance Facilitation by the Secretary of an eligible project under this section does not create any obligation on the part of the Secretary to operate or maintain the eligible project. (3) Federal facilities For purposes of cost recovery under subsection (d)(4) and repayment of a loan issued under subsection (e)(1)(B), each eligible project facilitated by the Secretary under this section shall be treated as separate and distinct from— (A) each other eligible project; and (B) all other Federal power and transmission facilities. (4) Effect on ancillary services authority and obligations Nothing in this section confers on the Secretary or any Federal power marketing administration any additional authority or obligation to provide ancillary services to users of transmission facilities constructed or upgraded under this section. (5) Effect on western area power administration projects Nothing in this section affects— (A) any pending project application before the Western Area Power Administration under section 301 of the Hoover Power Plant Act of 1984 ( 42 U.S.C. 16421a ); or (B) any agreement entered into by the Western Power Administration under that section. (6) Third-party finance Nothing in this section precludes an eligible project facilitated under this section from being eligible as a project under section 1222 of the Energy Policy Act of 2005 ( 42 U.S.C. 16421 ). (7) Limitation on loans An eligible project may not be the subject of both— (A) a loan under subsection (e)(1)(B); and (B) a Federal loan under section 301 of the Hoover Power Plant Act of 1984 ( 42 U.S.C. 16421a ). (8) Considerations In evaluating eligible projects for possible facilitation under this section, the Secretary shall prioritize projects that, to the maximum extent practicable— (A) use technology that enhances the capacity, efficiency, resiliency, or reliability of an electric power transmission system, including— (i) reconductoring of an existing electric power transmission line with advanced conductors; and (ii) hardware or software that enables dynamic line ratings, advanced power flow control, or grid topology optimization; (B) will improve the resiliency and reliability of an electric power transmission system; (C) facilitate interregional transfer capacity that supports strong and equitable economic growth; and (D) contribute to national or subnational goals to lower electricity sector greenhouse gas emissions. 1008. Deployment of technologies to enhance grid flexibility (a) In general Section 1306 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17386 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking the date of enactment of this Act and inserting the date of enactment of the Energy Infrastructure Act ; (B) by redesignating paragraph (9) as paragraph (14); and (C) by inserting after paragraph (8) the following: (9) In the case of data analytics that enable software to engage in Smart Grid functions, the documented purchase costs of the data analytics. (10) In the case of buildings, the documented expenses for devices and software, including for installation, that allow buildings to engage in demand flexibility or Smart Grid functions. (11) In the case of utility communications, operational fiber and wireless broadband communications networks to enable data flow between distribution system components. (12) In the case of advanced transmission technologies such as dynamic line rating, flow control devices, advanced conductors, network topology optimization, or other hardware, software, and associated protocols applied to existing transmission facilities that increase the operational transfer capacity of a transmission network, the documented expenditures to purchase and install those advanced transmission technologies. (13) In the case of extreme weather or natural disasters, the ability to redirect or shut off power to minimize blackouts and avoid further damage. ; and (2) in subsection (d)— (A) by redesignating paragraph (9) as paragraph (16); and (B) by inserting after paragraph (8) the following: (9) The ability to use data analytics and software-as-service to provide flexibility by improving the visibility of the electrical system to grid operators that can help quickly rebalance the electrical system with autonomous controls. (10) The ability to facilitate the aggregation or integration of distributed energy resources to serve as assets for the grid. (11) The ability to provide energy storage to meet fluctuating electricity demand, provide voltage support, and integrate intermittent generation sources, including vehicle-to-grid technologies. (12) The ability of hardware, software, and associated protocols applied to existing transmission facilities to increase the operational transfer capacity of a transmission network. (13) The ability to anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency. (14) The ability to facilitate the integration of renewable energy resources, electric vehicle charging infrastructure, and vehicle-to-grid technologies. (15) The ability to reliably meet increased demand from electric vehicles and the electrification of appliances and other sectors. . (b) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Smart Grid Investment Matching Grant Program established under section 1306(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17386(a) ) $3,000,000,000 for fiscal year 2022, to remain available through September 30, 2026. 1009. State energy security plans (a) In general Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ) is amended— (1) in section 361— (A) by striking the section designation and heading and all that follows through The Congress and inserting the following: 361. Findings; purpose; definitions (a) Findings Congress ; (B) in subsection (b), by striking (b) It is and inserting the following: (b) Purpose It is ; and (C) by adding at the end the following: (c) Definitions In this part: ; (2) in section 366— (A) in paragraph (3)(B)(i), by striking approved under section 367, and ; and inserting ; and ; (B) in each of paragraphs (1) through (8), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph; and (C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (6), respectively, and moving the paragraphs so as to appear in numerical order; (3) by moving paragraphs (1) through (8) of section 366 (as so redesignated) so as to appear after subsection (c) of section 361 (as designated by paragraph (1)(C)); and (4) by amending section 366 to read as follows: 366. State energy security plans (a) Definitions In this section: (1) Bulk-power system 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) ). (2) State energy security plan The term State energy security plan means a State energy security plan described in subsection (b). (b) Financial assistance for State energy security plans Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that— (1) assesses the existing circumstances in the State; and (2) proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State— (A) to secure the energy infrastructure of the State against all physical and cybersecurity threats; (B) (i) to mitigate the risk of energy supply disruptions to the State; and (ii) to enhance the response to, and recovery from, energy disruptions; and (C) to ensure that the State has reliable, secure, and resilient energy infrastructure. (c) Contents of plan A State energy security plan shall— (1) address all energy sources and regulated and unregulated energy providers; (2) provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use; (3) address potential hazards to each energy sector or system, including— (A) physical threats and vulnerabilities; and (B) cybersecurity threats and vulnerabilities; (4) provide a risk assessment of energy infrastructure and cross-sector interdependencies; (5) provide a risk mitigation approach to enhance reliability and end-use resilience; and (6) (A) address— (i) multi-State and regional coordination, planning, and response; and (ii) coordination with Indian Tribes with respect to planning and response; and (B) to the extent practicable, encourage mutual assistance in cyber and physical response plans. (d) Coordination In developing or revising a State energy security plan, the State energy office of the State shall coordinate, to the extent practicable, with— (1) the public utility or service commission of the State; (2) energy providers from the private and public sectors; and (3) other entities responsible for— (A) maintaining fuel or electric reliability; and (B) securing energy infrastructure. (e) Financial assistance A State is not eligible to receive Federal financial assistance under this part for any purpose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year— (1) a State energy security plan that meets the requirements of subsection (c); or (2) after an annual review, carried out by the Governor, of a State energy security plan— (A) any necessary revisions to the State energy security plan; or (B) a certification that no revisions to the State energy security plan are necessary. (f) Technical assistance On request of the Governor of a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan. (g) Requirement Each State receiving Federal financial assistance under this part shall provide reasonable assurance to the Secretary that the State has established policies and procedures designed to assure that the financial assistance will be used— (1) to supplement, and not to supplant, State and local funds; and (2) to the maximum extent practicable, to increase the amount of State and local funds that otherwise would be available, in the absence of the Federal financial assistance, for the implementation of a State energy security plan. (h) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. (i) Sunset The requirements of this section shall expire on October 31, 2025. . (b) Clerical amendments The table of contents of the Energy Policy and Conservation Act ( Public Law 94–163 ; 89 Stat. 872) is amended— (1) by striking the item relating to section 361 and inserting the following: Sec. 361. Findings; purpose; definitions. ; and (2) by striking the item relating to section 366 and inserting the following: Sec. 366. State energy security plans. . (c) Conforming amendments (1) Section 509(i)(3) of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–8(i)(3) ) is amended by striking prescribed for such terms in section 366 of the Energy Policy and Conservation Act and inserting given the terms in section 361(c) of the Energy Policy and Conservation Act . (2) Section 363 of the Energy Policy and Conservation Act ( 42 U.S.C. 6323 ) is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (3) Section 451(i)(3) of the Energy Conservation and Production Act ( 42 U.S.C. 6881(i)(3) ) is amended by striking prescribed for such terms in section 366 of the Federal Energy Policy and Conservation Act and inserting given the terms in section 361(c) of the Energy Policy and Conservation Act . 1010. State energy program (a) Collaborative transmission siting Section 362(c) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(c) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (7) the mandatory conduct of activities to support transmission and distribution planning, including— (A) support for local governments and Indian Tribes; (B) feasibility studies for transmission line routes and alternatives; (C) preparation of necessary project design and permits; and (D) outreach to affected stakeholders. . (b) State energy conservation plans Section 362(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d) ) is amended by striking paragraph (3) and inserting the following: (3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles; . (c) Authorization of appropriations for State energy program Section 365 of the Energy Policy and Conservation Act ( 42 U.S.C. 6325 ) is amended by striking subsection (f) and inserting the following: (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026. (2) Distribution Amounts made available under paragraph (1)— (A) shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and (B) shall not be subject to the matching requirement described in the first proviso of the matter under the heading energy conservation under the heading Department of Energy in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 ( 42 U.S.C. 6323a ). . 1011. Power marketing administration transmission borrowing authority (a) Borrowing authority (1) In general Subject to paragraph (2), for the purposes of providing funds to assist in the financing of the construction, acquisition, and replacement of the Federal Columbia River Power System and to implement the authority of the Administrator of the Bonneville Power Administration (referred to in this section as the Administrator ) under the Pacific Northwest Electric Power Planning and Conservation Act ( 16 U.S.C. 839 et seq. ), an additional $10,000,000,000 in borrowing authority is made available under the Federal Columbia River Transmission System Act ( 16 U.S.C. 838 et seq. ), to remain outstanding at any 1 time. (2) Limitation The obligation of additional borrowing authority under paragraph (1) shall not exceed $6,000,000,000 by fiscal year 2028. (b) Financial plan (1) In general The Administrator shall issue an updated financial plan by the end of fiscal year 2022. (2) Requirement As part of the process of issuing an updated financial plan under paragraph (1), the Administrator shall— (A) consistent with asset management planning and sound business principles, consider projected and planned use and allocation of the borrowing authority of the Administrator across the mission responsibilities of the Bonneville Power Administration; and (B) before issuing the final updated financial plan— (i) engage, in a manner determined by the Administrator, with customers with respect to a draft of the updated plan; and (ii) consider as a relevant factor any recommendations from customers regarding prioritization of asset investments. (c) Stakeholder engagement The Administrator shall— (1) engage, in a manner determined by the Administrator, with customers and stakeholders with respect to the financial and cost management efforts of the Administrator through periodic program reviews; and (2) to the maximum extent practicable, implement those policies that would be expected to be consistent with the lowest possible power and transmission rates consistent with sound business principles. (d) Repayment Any additional Treasury borrowing authority received under this section— (1) shall be fully repaid to the Treasury in a manner consistent with the applicable self-financed Federal budget accounts; and (2) shall not be subject to budget scoring or budget scoring points of order with respect to this Act. 1012. 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). 1013. 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. . 1014. Columbia Basin power management (a) Definitions In this section: (1) Account The term Account means the account established by subsection (b)(1). (2) Administrator The term Administrator means the Administrator of the Bonneville Power Administration. (3) Canadian entitlement The term Canadian Entitlement means the downstream power benefits that Canada is entitled to under Article V of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638). (b) Transmission Coordination and Expansion (1) Establishment There is established in the Treasury an account for the purposes of making expenditures to increase bilateral transfers of renewable electric generation between the western United States and Canada. (2) Criteria The Administrator may make expenditures from the Account for activities to improve electric power system coordination by constructing electric power transmission facilities within the western United States that directly or indirectly facilitate non-carbon emitting electric power transactions between the western United States and Canada. (3) Consultation The Administrator shall consult with relevant electric utilities in Canada and appropriate regional transmission planning organizations in considering the construction of transmission activities under this subsection. (4) Authorization There is authorized to be appropriated to the Account an amount equal to the aggregated amount of the Canadian Entitlement during the 5-year period preceding the date of enactment of this Act. (c) Increased Hydroelectric Capacity (1) In general The Commissioner of Reclamation shall rehabilitate and enhance the John W. Keys III Pump Generating Plant— (A) to replace obsolete equipment; (B) to maintain reliability and improve efficiency in system performance and operation; (C) to create more hydroelectric power capacity in the Pacific Northwest; and (D) to ensure the availability of water for irrigation in the event that Columbia River water flows from British Columbia into the United States are insufficient after September 16, 2024. (2) Authorization of appropriations There is authorized to be appropriated $100,000,000 to carry out this subsection. (d) Power Coordination Study (1) In general The Administrator shall conduct a study considering the potential hydroelectric power value to the Pacific Northwest of increasing the coordination of the operation of hydroelectric and water storage facilities on rivers located in the United States and Canada. (2) Criteria The study conducted under paragraph (1) shall analyze— (A) projected changes to the Pacific Northwest electricity supply; (B) potential reductions in greenhouse gas emissions; (C) any potential need to increase transmission capacity; and (D) any other factor the Administrator considers to be relevant for increasing bilateral coordination. (3) Coordination In conducting the study under paragraph (1), the Administrator shall coordinate, to the extent practicable, with— (A) the British Columbia or a crown corporation owned by British Columbia; (B) the Assistant Secretary; (C) the Commissioner of Reclamation; and (D) any public utility districts that operate hydroelectric projects on the mainstem of the Columbia River. (4) Authorization of appropriations There is authorized to be appropriated $10,000,000 to carry out this subsection. B Cybersecurity 1101. Enhancing grid security through public-private partnerships (a) Definitions In this section: (1) Bulk-power system; electric reliability organization The terms bulk-power system and Electric Reliability Organization has the meaning given the terms in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (2) Electric utility; state regulatory authority The terms electric utility and State regulatory authority have the meanings given the terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (b) Program to promote and advance physical security and cybersecurity of electric utilities (1) Establishment The Secretary, in consultation with the Secretary of Homeland Security and, as the Secretary determines to be appropriate, the heads of other relevant Federal agencies, State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, shall carry out a program— (A) to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities; (B) to assist with threat assessment and cybersecurity training for electric utilities; (C) to provide technical assistance for electric utilities subject to the program; (D) to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks; (E) to advance, in partnership with electric utilities, the cybersecurity of third-party vendors that manufacture components of the electric grid; (F) to increase opportunities for sharing best practices and data collection within the electric sector; and (G) to assist, in the case of electric utilities that own defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) )), with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels— (i) to identify unprotected avenues for cyber-enabled sabotage that would have catastrophic effects to national security; and (ii) to recommend and implement engineering protections to ensure continued operations of identified critical functions even in the face of constant cyber attacks and achieved perimeter access by sophisticated adversaries. (2) Scope In carrying out the program under paragraph (1), the Secretary shall— (A) take into consideration— (i) the different sizes of electric utilities; and (ii) the regions that electric utilities serve; (B) prioritize electric utilities with fewer available resources due to size or region; and (C) to the maximum extent practicable, use and leverage— (i) existing Department and Department of Homeland Security programs; and (ii) existing programs of the Federal agencies determined to be appropriate under paragraph (1). (c) Report on cybersecurity of distribution systems Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security and, as the Secretary determines to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses— (1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and (2) the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including— (A) an estimate of potential costs and benefits of the implementation; and (B) an assessment of any public-private cost-sharing opportunities. (d) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. 1102. Energy Cyber Sense program (a) Definitions In this section: (1) Bulk-power system 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) ). (2) Program The term program means the voluntary Energy Cyber Sense program established under subsection (b). (b) Establishment The Secretary, in consultation with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall establish a voluntary Energy Cyber Sense program to test the cybersecurity of products and technologies intended for use in the energy sector, including in the bulk-power system. (c) Program requirements In carrying out subsection (b), the Secretary, in consultation with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall— (1) establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems; (2) for products and technologies tested under the program, establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with Federal vulnerability coordination processes; (3) provide technical assistance to electric utilities, product manufacturers, and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program; (4) biennially review products and technologies tested under the program for cybersecurity vulnerabilities and provide analysis with respect to how those products and technologies respond to and mitigate cyber threats; (5) develop guidance that is informed by analysis and testing results under the program for electric utilities and other components of the energy sector for the procurement of products and technologies; (6) provide reasonable notice to, and solicit comments from, the public prior to establishing or revising the testing process under the program; (7) oversee the testing of products and technologies under the program; and (8) consider incentives to encourage the use of analysis and results of testing under the program in the design of products and technologies for use in the energy sector. (d) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any component of the energy sector, including any electric utility or the bulk-power system— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. (e) Federal government liability Nothing in this section authorizes the commencement of an action against the United States with respect to the testing of a product or technology under the program. 1103. Incentives for advanced cybersecurity technology investment Part II of the Federal Power Act is amended by inserting after section 219 ( 16 U.S.C. 824s ) the following: 219A. Incentives for cybersecurity investments (a) Definitions In this section: (1) Advanced cybersecurity technology The term advanced cybersecurity technology means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )). (2) Advanced cybersecurity technology information The term advanced cybersecurity technology information means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. (b) Study Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance-based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage— (1) investment by public utilities in advanced cybersecurity technology; and (2) participation by public utilities in cybersecurity threat information sharing programs. (c) Incentive-Based rate treatment Not later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging— (1) investments by public utilities in advanced cybersecurity technology; and (2) participation by public utilities in cybersecurity threat information sharing programs. (d) Factors for consideration In issuing a rule pursuant to this section, the Commission may provide additional incentives beyond those identified in subsection (c) in any case in which the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to— (1) defense critical electric infrastructure (as defined in section 215A(a)) and other facilities subject to the jurisdiction of the Commission that are critical to public safety, national defense, or homeland security, as determined by the Commission in consultation with— (A) the Secretary of Energy; (B) the Secretary of Homeland Security; and (C) other appropriate Federal agencies; and (2) facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission. (e) Ratepayer protection (1) In general Any rate approved under a rule issued pursuant to this section, including any revisions to that rule, shall be subject to the requirements of sections 205 and 206 that all rates, charges, terms, and conditions— (A) shall be just and reasonable; and (B) shall not be unduly discriminatory or preferential. (2) Prohibition of duplicate recovery Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology. (f) Single-Issue rate filings The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under section 205 that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility. (g) Protection of information Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 215A. . 1104. Rural and municipal utility advanced cybersecurity grant and technical assistance program (a) Definitions In this section: (1) Advanced cybersecurity technology The term advanced cybersecurity technology means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of electric utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 )). (2) Bulk-power system 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) ). (3) Eligible entity The term eligible entity means— (A) a rural electric cooperative; (B) a utility owned by a political subdivision of a State, such as a municipally owned electric utility; (C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State; (D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); and (E) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year. (4) Program The term Program means the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program established under subsection (b). (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program , to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats. (c) Objectives The objectives of the Program shall be— (1) to deploy advanced cybersecurity technologies for electric utility systems; and (2) to increase the participation of eligible entities in cybersecurity threat information sharing programs. (d) Awards (1) In general The Secretary— (A) shall award grants and provide technical assistance under the Program to eligible entities on a competitive basis; (B) shall develop criteria and a formula for awarding grants and providing technical assistance under the Program; (C) may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection (c); and (D) shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the Program. (2) Priority for grants and technical assistance In awarding grants and providing technical assistance under the Program, the Secretary shall give priority to an eligible entity that, as determined by the Secretary— (A) has limited cybersecurity resources; (B) owns assets critical to the reliability of the bulk-power system; or (C) owns defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) )). (e) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for the period of fiscal years 2022 through 2026. 1105. Enhanced grid security (a) Definitions In this section: (1) Electric utility The term electric utility has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (2) E- ISAC The term E-ISAC means the Electricity Information Sharing and Analysis Center. (b) Cybersecurity for the energy sector research, development, and demonstration program (1) In general The Secretary, in consultation with the Secretary of Homeland Security and, as determined appropriate, other Federal agencies, the energy sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall develop and carry out a program— (A) to develop advanced cybersecurity applications and technologies for the energy sector— (i) to identify and mitigate vulnerabilities, including— (I) dependencies on other critical infrastructure; (II) impacts from weather and fuel supply; (III) increased dependence on inverter-based technologies; and (IV) vulnerabilities from unpatched hardware and software systems; and (ii) to advance the security of field devices and third-party control systems, including— (I) systems for generation, transmission, distribution, end use, and market functions; (II) specific electric grid elements including advanced metering, demand response, distribution, generation, and electricity storage; (III) forensic analysis of infected systems; (IV) secure communications; and (V) application of in-line edge security solutions; (B) to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture; (C) to perform pilot demonstration projects with the energy sector to gain experience with new technologies; (D) to develop workforce development curricula for energy sector-related cybersecurity; and (E) to develop improved supply chain concepts for secure design of emerging digital components and power electronics. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026. (c) Energy sector operational support for cyberresilience program (1) In general The Secretary may develop and carry out a program— (A) to enhance and periodically test— (i) the emergency response capabilities of the Department; and (ii) the coordination of the Department with other agencies, the National Laboratories, and private industry; (B) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis; (C) to enhance the tools of the Department and E-ISAC for monitoring the status of the energy sector; (D) to expand industry participation in E-ISAC; and (E) to provide technical assistance to small electric utilities for purposes of assessing and improving cybermaturity levels and addressing gaps identified in the assessment. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026. (d) Modeling and assessing energy infrastructure risk (1) In general The Secretary, in consultation with the Secretary of Homeland Security, shall develop and carry out an advanced energy security program to secure energy networks, including— (A) electric networks; (B) natural gas networks; and (C) oil exploration, transmission, and delivery networks. (2) Security and resiliency objective The objective of the program developed under paragraph (1) is to increase the functional preservation of electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances. (3) Eligible activities In carrying out the program developed under paragraph (1), the Secretary may— (A) develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired; (B) provide modeling at the national level to predict impacts from natural or human-made events; (C) add physical security to the cybersecurity maturity model; (D) conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations; (E) conduct research on hardening solutions for critical components of the electric grid; (F) conduct research on mitigation and recovery solutions for critical components of the electric grid; and (G) provide technical assistance to States and other entities for standards and risk analysis. (4) Savings provision Nothing in this section authorizes new regulatory requirements. (5) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026. 1106. Cybersecurity plan (a) In general The Secretary may require, as the Secretary determines appropriate, a recipient of any award or other funding under this Act— (1) to submit to the Secretary, prior to the issuance of the award or other funding, a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the context of the project for which that award or other funding was provided; and (2) establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project. (b) Contents of cybersecurity plan A cybersecurity plan described in subsection (a) shall, at a minimum, describe how the recipient described in that subsection— (1) plans to maintain cybersecurity between networks, systems, devices, applications, or components— (A) within the proposed solution of the project; and (B) at the necessary external interfaces at the proposed solution boundaries; (2) will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution; (3) will report known or suspected network or system compromises of the project to the Secretary; and (4) will leverage applicable cybersecurity programs of the Department, including cyber vulnerability testing and security engineering evaluations. (c) Additional guidance Each recipient described in subsection (a) should— (1) maximize the use of open guidance and standards, including, wherever possible— (A) the Cybersecurity Capability Maturity Model of the Department (or a successor model); and (B) the Framework for Improving Critical Infrastructure Cybersecurity of the National Institute of Standards and Technology; and (2) document — (A) any deviation from open standards; and (B) the utilization of proprietary standards where the recipient determines that such deviation necessary. (d) Coordination The Office of Cybersecurity, Energy Security, and Emergency Response of the Department shall review each cybersecurity plan submitted under subsection (a) to ensure integration with Department research, development, and demonstration programs. (e) Protection of information Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system— (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. 1107. Savings provision Nothing in this subtitle affects the authority, existing on the day before the date of enactment of this Act, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ). II Supply chains for clean energy technologies 2001. Earth Mapping Resources Initiative (a) Definition of critical mineral In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (b) Establishment There is established within the United States Geological Survey an initiative, to be known as the Earth Mapping Resources Initiative (referred to in this section as the Initiative ). (c) Purpose The purpose of the Initiative shall be to accelerate efforts to carry out the fundamental resources and mapping mission of the United States Geological Survey by— (1) providing integrated topographic, geologic, geochemical, and geophysical mapping; (2) accelerating the integration and consolidation of geospatial and resource data; and (3) providing interpretation of subsurface and above-ground mineral resources data. (d) Cooperative agreements (1) In general In carrying out the Initiative, the Director of the United States Geological Survey may enter into cooperative agreements with State geological surveys. (2) Effect Nothing in paragraph (1) precludes the Director of the United States Geological Survey from using existing contracting authorities in carrying out the Initiative. (e) Comprehensive mapping modernization (1) In general Not later than 10 years after the date of enactment of this Act, the Initiative shall complete an initial comprehensive national modern surface and subsurface mapping and data integration effort. (2) Approach In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall focus on the full range of minerals, using a whole ore body approach rather than a single commodity approach, to emphasize all of the recoverable critical minerals in a given surface or subsurface deposit. (3) Priority In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall prioritize mapping and assessing critical minerals. (4) Inclusions In carrying out paragraph (1), the Initiative shall also— (A) map and collect data for areas containing mine waste to increase understanding of above-ground critical mineral resources in previously disturbed areas; and (B) provide for analysis of samples, including samples within the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15908(b) ) for the occurrence of critical minerals. (f) Availability The Initiative shall make the geospatial data and metadata gathered by the Initiative under subsection (e)(1) electronically publicly accessible on an ongoing basis. (g) Integration of data sources The Initiative shall integrate data sources, including data from— (1) the National Cooperative Geologic Mapping Program established by section 4(a)(1) of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31c(a)(1) ); (2) the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15908(b) ); (3) the USMIN Mineral Deposit Database of the United States Geological Survey; (4) the 3D Elevation Program established under section 5(a) of the National Landslide Preparedness Act ( 43 U.S.C. 3104(a) ); and (5) other relevant sources, including sources providing geothermal resources data. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $320,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. 2002. National Cooperative Geologic Mapping Program (a) In general Section 4(d) of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31c(d) ) is amended by adding at the end the following: (4) Abandoned mine land and mine waste component (A) In general The geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component, the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste. (B) Mapping priorities For the component described in subparagraph (A), the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )) and metal commodities are anticipated to be present, rather than single mineral resources. . (b) Authorization of appropriations Section 9(a) of the National Geologic Mapping Act of 1992 ( 43 U.S.C. 31h(a) ) is amended by striking 2023 and inserting 2031 . 2003. National Geological and Geophysical Data Preservation Program Section 351(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15908(b) ) is amended— (1) in paragraph (2), by striking and after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) )) ore bodies for use in provenance tracking frameworks. . 2004. USGS energy and minerals research facility (a) Establishment The Director of the United States Geological Survey (referred to in this section as the Director ), shall fund, through a cooperative agreement with an academic partner, the design, construction, and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures. (b) Ownership The United States Geological Survey shall retain ownership of the facility and associated structures described in subsection (a). (c) Agreements The Director may enter into agreements with, and to collect and expend funds or in-kind contributions from, academic, Federal, State, or other tenants over the life of the facility described in subsection (a) for the purposes of— (1) facility planning; (2) design; (3) maintenance; (4) operation; or (5) facility improvements. (d) Leases The Director may enter into a lease or other agreement with the academic partner with which the Director has entered into a cooperative agreement under subsection (a), at no cost to the Federal Government, to obtain land on which to construct the facility described in that subsection for a term of not less than 99 years. (e) Reports The Director shall submit to Congress annual reports on— (1) the facility described in subsection (a); and (2) the authorities used under this section. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior to carry out this section $167,000,000 for fiscal year 2022, to remain available until expended. 2005. Rare earth elements demonstration facility Section 7001 of the Energy Act of 2020 ( 42 U.S.C. 13344 ) is amended— (1) in subsection (b), by inserting and annually thereafter while the facility established under subsection (c) remains in operation, after enactment of this Act, ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: (c) Rare earth demonstration facility (1) Establishment In coordination with the research program under subsection (a)(1)(A), the Secretary shall fund, through an agreement with an academic partner, the design, construction, and build-out of a facility to demonstrate the commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery. (2) Facility activities The facility established under paragraph (1) shall— (A) provide environmental benefits through use of feedstock derived from acid mine drainage, mine waste, or other deleterious material; (B) separate mixed rare earth oxides into pure oxides of each rare earth element; (C) refine rare earth oxides into rare earth metals; and (D) provide for separation of rare earth oxides and refining into rare earth metals at a single site. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $140,000,000 for fiscal year 2022, to remain available until expended. . 2006. Critical minerals supply chains and reliability (a) Definition of critical mineral In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (b) Sense of congress It is the sense of Congress that— (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal permitting and review performance improvements To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretaries ), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by— (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders— (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments— (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and report Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that— (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, including by— (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance metric Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (f) Annual reports Not later than the date on which the President submits the first budget of the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (e), and annually thereafter, the Secretaries shall submit to Congress a report that— (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d); (2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (g) Individual projects Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code. 2007. Battery processing and manufacturing (a) Definitions In this section: (1) Advanced battery The term advanced battery means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component (A) In general The term advanced battery component means a component of an advanced battery. (B) Inclusions The term advanced battery component includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery. (3) Battery material The term battery material means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. (4) Eligible entity The term eligible entity means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16353(b) ). (5) Foreign entity of concern The term foreign entity of concern means a foreign entity that is— (A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list ); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18, United States Code (commonly known as the Espionage Act ); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); (iv) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274 , 2275, 2276, 2277, and 2284); (vi) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (vii) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (E) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States. (6) Manufacturing The term manufacturing , with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. (7) Processing The term processing , with respect to battery material, means the refining of materials, including the treating, baking, and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing. (8) Recycling The term recycling means the recovery of materials from advanced batteries to be reused in similar applications, including the extracting, processing, and recoating of battery materials and advanced battery components. (b) Battery material processing grants (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the Battery Material Processing Grant Program (referred to in this subsection as the program ), under which the Secretary shall award grants in accordance with this subsection. (2) Purposes The purposes of the program are— (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants (A) In general Under the program, the Secretary shall award grants to eligible entities— (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial-scale battery material processing facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. (B) Amount limitation The amount of a grant awarded under the program shall be not less than— (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration In awarding grants to eligible entities under the program, the Secretary shall— (i) give priority to an eligible entity that— (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project— (I) provides workforce opportunities in low- and moderate-income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account— (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (c) Battery manufacturing and recycling grants (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the program ). (2) Purpose The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (3) Grants (A) In general Under the program, the Secretary shall award grants to eligible entities— (i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling; (ii) to construct 1 or more new commercial-scale advanced battery component manufacturing, advanced battery manufacturing, or recycling facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling. (B) Amount limitation The amount of a grant awarded under the program shall be not less than— (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration In awarding grants to eligible entities under the program, the Secretary shall— (i) give priority to an eligible entity that— (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) (aa) if the eligible entity will use the grant for advanced battery component manufacturing, will not use battery material supplied by or originating from a foreign entity of concern; or (bb) if the eligible entity will use the grant for battery recycling, will not export recovered critical materials to a foreign entity of concern; and (ii) take into consideration whether a project— (I) provides workforce opportunities in low- and moderate-income or rural communities; (II) provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs; (III) encourages partnership with universities and laboratories to spur innovation and drive down costs; (IV) partners with Indian Tribes; (V) takes into account— (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics; and (VI) utilizes feedstock produced in the United States. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (d) Reporting requirements Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of— (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary. (e) Lithium-Ion Battery Recycling Prize Competition (1) In general The Secretary shall continue to carry out the Lithium-Ion Battery Recycling Prize Competition of the Department established pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) (referred to in this subsection as the competition ). (2) Authorization of appropriations for pilot projects (A) In general There is authorized to be appropriated to the Secretary to carry out Phase III of the competition, $10,000,000 for fiscal year 2022, to remain available until expended. (B) Use of funds The Secretary may use amounts made available under subparagraph (A)— (i) to increase the number of winners of Phase III of the competition; (ii) to increase the amount awarded to each winner of Phase III of the competition; and (iii) to carry out any other activity that is consistent with the goals of Phase III of the competition, as determined by the Secretary. (f) Battery and critical mineral recycling (1) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (B) Battery The term battery means a device that— (i) consists of 1 or more electrochemical cells that are electrically connected; and (ii) is designed to store and deliver electric energy. (C) Battery producer The term battery producer means, with respect to a covered battery or covered battery-containing product that is sold, offered for sale, or distributed for sale in the United States, including through retail, wholesale, business-to-business, and online sale, the following applicable entity: (i) A person who— (I) manufactures the covered battery or covered battery-containing product; and (II) sells or offers for sale the covered battery or covered battery-containing product under the brand of that person. (ii) If there is no person described in clause (i) with respect to the covered battery or covered battery-containing product, the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold, offered for sale, or distributed, regardless of whether the trademark of the brand is registered. (iii) If there is no person described in clause (i) or (ii) with respect to the covered battery or covered battery-containing product, a person that imports the covered battery or covered battery-containing product into the United States for sale or distribution. (D) Covered battery The term covered battery means a new or unused primary battery or rechargeable battery. (E) Covered battery-containing product The term covered battery-containing product means a new or unused product that contains or is packaged with a primary battery or rechargeable battery. (F) Critical mineral The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (G) Primary battery The term primary battery means a nonrechargeable battery that weighs not more than 4.4 pounds, including an alkaline, carbon-zinc, and lithium metal battery. (H) Rechargeable battery (i) In general The term rechargeable battery means a battery that— (I) contains 1 or more voltaic or galvanic cells that are electrically connected to produce electric energy; (II) is designed to be recharged; (III) weighs not more than 11 pounds; and (IV) has a watt-hour rating of not more than 300 watt-hours. (ii) Exclusions The term rechargeable battery does not include a battery that— (I) contains electrolyte as a free liquid; or (II) employs lead-acid technology, unless that battery is sealed and does not contain electrolyte as a free liquid. (I) Recycling The term recycling means the series of activities— (i) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (ii) that may include collection, processing, and brokering; and (iii) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. (2) Battery recycling research, development, and demonstration grants (A) In general The Secretary, in coordination with the Administrator, shall award multiyear grants to eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries, including by addressing— (i) recycling activities; (ii) the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling, reuse, recovery, and recycling of battery components and materials; (iii) strategies to increase consumer acceptance of, and participation in, the recycling of batteries; (iv) the extraction or recovery of critical minerals from batteries that are recycled; (v) the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals; (vi) safe disposal of waste materials and components recovered during the recycling process; (vii) the protection of the health and safety of all persons involved in, or in proximity to, recycling and reprocessing activities, including communities located near recycling and materials reprocessing facilities; (viii) mitigation of environmental impacts that arise from recycling batteries, including disposal of toxic reagents and byproducts related to recycling processes; (ix) protection of data privacy associated with collected covered battery-containing products; (x) the optimization of the value of material derived from recycling batteries; and (xi) the cost-effectiveness and benefits of the reuse and recycling of batteries and critical minerals. (B) Eligible entities The Secretary, in coordination with the Administrator, may award a grant under subparagraph (A) to— (i) an institution of higher education; (ii) a National Laboratory; (iii) a Federal research agency; (iv) a State research agency; (v) a nonprofit organization; (vi) an industrial entity; (vii) a manufacturing entity; (viii) a private battery-collection entity; (ix) an entity operating 1 or more battery recycling activities; (x) a State or municipal government entity; (xi) a battery producer; (xii) a battery retailer; or (xiii) a consortium of 2 or more entities described in clauses (i) through (xii). (C) Applications (i) In general To be eligible to receive a grant under subparagraph (A), an eligible entity described in subparagraph (B) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (ii) Contents An application submitted under clause (i) shall describe how the project will promote collaboration among— (I) battery producers and manufacturers; (II) battery material and equipment manufacturers; (III) battery recyclers, collectors, and refiners; and (IV) retailers. (D) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this paragraph $60,000,000 for the period of fiscal years 2022 through 2026. (3) State and local programs (A) In general The Secretary, in coordination with the Administrator, shall establish a program under which the Secretary shall award grants, on a competitive basis, to States and units of local government to assist in the establishment or enhancement of State battery collection, recycling, and reprocessing programs. (B) Non-federal cost share The non-Federal share of the cost of a project carried out using a grant under this paragraph shall be 50 percent of the cost of the project. (C) 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 describes the number of battery collection points established or enhanced, an estimate of jobs created, and the quantity of material collected as a result of the grants awarded under subparagraph (A). (D) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this paragraph $50,000,000 for the period of fiscal years 2022 through 2026. (4) Retailers as collection points (A) In general The Secretary shall award grants, on a competitive basis, to retailers that sell covered batteries or covered battery-containing products to establish and implement a system for the acceptance and collection of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal. (B) Collection system A system described in subparagraph (A) shall include take-back of covered batteries— (i) at no cost to the consumer; and (ii) on a regular, convenient, and accessible basis. (C) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this paragraph $15,000,000 for the period of fiscal years 2022 through 2026. (5) Task force on producer responsibilities (A) In general The Secretary, in coordination with the Administrator, shall convene a task force to develop an extended battery producer responsibility framework that— (i) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials; (ii) provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework; and (iii) outlines regulatory pathways for effective recycling. (B) Task force members Members of the task force convened under subparagraph (A) shall include— (i) battery producers, manufacturers, retailers, recyclers, and collectors or processors; (ii) States and municipalities; and (iii) other relevant stakeholders, such as environmental, energy, or consumer organizations, as determined by the Secretary. (C) Report Not later than 1 year after the date on which the Secretary, in coordination with Administrator, convenes the task force under subparagraph (A), the Secretary shall submit to Congress a report that— (i) describes the extended producer responsibility framework developed by the task force; (ii) includes the recommendations of the task force on how best to implement a mandatory pay-in or other enforcement mechanism to ensure that battery producers and sellers are contributing to the recycling of batteries; and (iii) suggests regulatory pathways for effective recycling. (6) Effect on mercury-containing and rechargeable battery management act Nothing in this subsection, or any regulation, guideline, framework, or policy adopted or promulgated pursuant to this subsection, shall modify or otherwise affect the provisions of the Mercury-Containing and Rechargeable Battery Management Act ( 42 U.S.C. 14301 et seq. ). 2008. Electric drive vehicle battery recycling and second-life applications program Section 641 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231 ) is amended— (1) by striking subsection (k) and inserting the following: (k) Electric drive vehicle battery second-Life applications and recycling (1) Definitions In this subsection: (A) Battery recycling and second-life applications program The term battery recycling and second-life applications program means the electric drive vehicle battery recycling and second-life applications program established under paragraph (3). (B) Critical material The term critical material has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (C) Economically distressed area The term economically distressed area means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ). (D) Electric drive vehicle battery The term electric drive vehicle battery means any battery that is a motive power source for an electric drive vehicle. (E) Eligible entity The term eligible entity means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16353(b) ). (2) Program The Secretary shall carry out a program of research, development, and demonstration of— (A) second-life applications for electric drive vehicle batteries that have been used to power electric drive vehicles; and (B) technologies and processes for final recycling and disposal of the devices described in subparagraph (A). (3) Electric drive vehicle battery recycling and second-life applications (A) In general In carrying out the program under paragraph (2), the Secretary shall establish an electric drive vehicle battery recycling and second-life applications program under which the Secretary shall— (i) award grants under subparagraph (D); and (ii) carry out other activities in accordance with this paragraph. (B) Purposes The purposes of the battery recycling and second-life applications program are the following: (i) To improve the recycling rates and second-use adoption rates of electric drive vehicle batteries. (ii) To optimize the design and adaptability of electric drive vehicle batteries to make electric drive vehicle batteries more easily recyclable. (iii) To establish alternative supply chains for critical materials that are found in electric drive vehicle batteries. (iv) To reduce the cost of manufacturing, installation, purchase, operation, and maintenance of electric drive vehicle batteries. (v) To improve the environmental impact of electric drive vehicle battery recycling processes. (C) Targets In carrying out the battery recycling and second-life applications program, the Secretary shall address near-term (up to 2 years), mid-term (up to 5 years), and long-term (up to 10 years) challenges to the recycling of electric drive vehicle batteries. (D) Grants (i) In general In carrying out the battery recycling and second-life applications program, the Secretary shall award multiyear grants on a competitive, merit-reviewed basis to eligible entities— (I) to conduct research, development, testing, and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling; and (II) for research, development, and demonstration projects to create innovative and practical approaches to increase the recycling and second-use of electric drive vehicle batteries, including by addressing— (aa) technology to increase the efficiency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products; (bb) expanded uses for critical materials recovered from electric drive vehicle batteries; (cc) product design and construction to facilitate the disassembly and recycling of electric drive vehicle batteries; (dd) product design and construction and other tools and techniques to extend the lifecycle of electric drive vehicle batteries, including methods to promote the safe second-use of electric drive vehicle batteries; (ee) strategies to increase consumer acceptance of, and participation in, the recycling of electric drive vehicle batteries; (ff) improvements and changes to electric drive vehicle battery chemistries that include ways to decrease processing costs for battery recycling without sacrificing front-end performance; (gg) second-use of electric drive vehicle batteries, including in applications outside of the automotive industry; and (hh) the commercialization and scale-up of electric drive vehicle battery recycling technologies. (ii) Priority In awarding grants under clause (i), the Secretary shall give priority to projects that— (I) are located in geographically diverse regions of the United States; (II) include business commercialization plans that have the potential for the recycling of electric drive vehicle batteries at high volumes; (III) support the development of advanced manufacturing technologies that have the potential to improve the competitiveness of the United States in the international electric drive vehicle battery manufacturing sector; (IV) provide the greatest potential to reduce costs for consumers and promote accessibility and community implementation of demonstrated technologies; (V) increase disclosure and transparency of information to consumers; (VI) support the development or demonstration of projects in economically distressed areas; and (VII) support other relevant priorities, as determined to be appropriate by the Secretary. (iii) Solicitation Not later than 90 days after the date of enactment of the Energy Infrastructure Act , and annually thereafter, the Secretary shall conduct a national solicitation for applications for grants described in clause (i). (iv) Dissemination of results The Secretary shall publish the results of the projects carried out through grants awarded under clause (i) through— (I) best practices relating to those grants, for use in the electric drive vehicle battery manufacturing, design, installation, refurbishing, or recycling industries; (II) coordination with information dissemination programs relating to general recycling of electronic devices; and (III) educational materials for the public, produced in conjunction with State and local governments or nonprofit organizations, on the problems and solutions relating to the recycling and second-life applications of electric drive vehicle batteries. (E) Coordination with other programs of the Department In carrying out the battery recycling and second-life applications program, the Secretary shall coordinate and leverage the resources of complementary efforts of the Department. (F) Study and report (i) Study The Secretary shall conduct a study on the viable market opportunities available for the recycling, second-use, and manufacturing of electric drive vehicle batteries in the United States. (ii) Report Not later than 1 year after the date of enactment of the Energy Infrastructure Act , the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and any other relevant committee of Congress a report containing the results of the study under clause (i), including a description of— (I) the ability of relevant businesses or other entities to competitively manufacture electric drive vehicle batteries and recycle electric drive vehicle batteries in the United States; (II) any existing electric drive vehicle battery recycling and second-use practices and plans of electric drive vehicle manufacturing companies in the United States; (III) any barriers to electric drive vehicle battery recycling in the United States; (IV) opportunities and barriers in electric drive vehicle battery supply chains in the United States and internationally, including with allies and trading partners; (V) opportunities for job creation in the electric drive vehicle battery recycling and manufacturing fields and the necessary skills employees must acquire for growth of those fields in the United States; (VI) policy recommendations for enhancing electric drive vehicle battery manufacturing and recycling in the United States; (VII) any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal, collection, transportation, storage, and disassembly of electric drive vehicle batteries; (VIII) any recommendations for areas of coordination with other Federal agencies to improve electric drive vehicle battery recycling rates in the United States; (IX) an aggressive 2-year target and plan, the implementation of which shall begin during the 90-day period beginning on the date on which the report is submitted, to enhance the competitiveness of electric drive vehicle battery manufacturing and recycling in the United States; and (X) needs for future research, development, and demonstration projects in electric drive vehicle battery manufacturing, recycling, and related areas, as determined by the Secretary. (G) Evaluation Not later than 3 years after the date on which the report under subparagraph (F)(ii) is submitted, and every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under subparagraph (D) in meeting the recommendations and targets included in the report. ; and (2) in subsection (p), by striking paragraph (6) and inserting the following: (6) the electric drive vehicle battery recycling and second-life applications program under subsection (k) $200,000,000 for the period of fiscal years 2022 through 2026. . 2009. Advanced energy manufacturing and recycling grant program (a) Definitions In this section: (1) Advanced energy property The term advanced energy property means— (A) property designed to be used to produce energy from the sun, water, wind, geothermal or hydrothermal (as those terms are defined in section 612 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17191 )) resources, enhanced geothermal systems (as defined in that section), or other renewable resources; (B) fuel cells, microturbines, or energy storage systems and components; (C) electric grid modernization equipment or components; (D) property designed to capture, remove, use, or sequester carbon oxide emissions; (E) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product that is— (i) renewable; or (ii) low-carbon and low-emission; (F) property designed to produce energy conservation technologies (including for residential, commercial, and industrial applications); (G) (i) light-, medium-, or heavy-duty electric or fuel cell vehicles, electric or fuel cell locomotives, electric or fuel cell maritime vessels, or electric or fuel cell planes; (ii) technologies, components, and materials of those vehicles, locomotives, maritime vessels, or planes; and (iii) charging or refueling infrastructure associated with those vehicles, locomotives, maritime vessels, or planes; (H) (i) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds; and (ii) technologies, components, and materials for those vehicles; and (I) other advanced energy property designed to reduce greenhouse gas emissions, as may be determined by the Secretary. (2) Covered census tract The term covered census tract means a census tract— (A) in which, after December 31, 1999, a coal mine had closed; (B) in which, after December 31, 2009, a coal-fired electricity generating unit had been retired; or (C) that is immediately adjacent to a census tract described in subparagraph (A) or (B). (3) Eligible entity The term eligible entity means a manufacturing firm— (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $2,500,000. (4) Minority-owned The term minority-owned , with respect to an eligible entity, means an eligible entity not less than 51 percent of which is owned by 1 or more individuals who are— (A) citizens of the United States; and (B) Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native. (5) Program The term Program means the grant program established under subsection (b). (6) Qualifying advanced energy project The term qualifying advanced energy project means a project that— (A) (i) re-equips, expands, or establishes a manufacturing or recycling facility for the production or recycling, as applicable, of advanced energy property; or (ii) re-equips an industrial or manufacturing facility with equipment designed to reduce the greenhouse gas emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of— (I) low- or zero-carbon process heat systems; (II) carbon capture, transport, utilization, and storage systems; (III) technology relating to energy efficiency and reduction in waste from industrial processes; or (IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary; (B) has a reasonable expectation of commercial viability, as determined by the Secretary; and (C) is located in a covered census tract. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects. (c) Applications (1) In general Each eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the proposed qualifying advanced energy project to be carried out using the grant. (2) Selection criteria (A) Projects In selecting eligible entities to receive grants under the Program, the Secretary shall, with respect to the qualifying advanced energy projects proposed by the eligible entities, give higher priority to projects that— (i) will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases; (ii) will result in a higher level of domestic job creation (both direct and indirect) during the lifetime of the project; (iii) will result in a higher level of job creation in the vicinity of the project, particularly with respect to— (I) low-income communities (as described in section 45D(e) of the Internal Revenue Code of 1986); and (II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (iv) have higher potential for technological innovation and commercial deployment; (v) have a lower levelized cost of— (I) generated or stored energy; or (II) measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain); and (vi) have a shorter project time. (B) Eligible entities In selecting eligible entities to receive grants under the Program, the Secretary shall give priority to eligible entities that are minority-owned. (d) Project completion and location; return of unobligated funds (1) Completion; return of unobligated funds An eligible entity that receives a grant under the Program shall be required— (A) to complete the qualifying advanced energy project funded by the grant not later than 3 years after the date of receipt of the grant funds; and (B) to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period. (2) Location If the Secretary determines that an eligible entity awarded a grant under the Program has carried out the applicable qualifying advanced energy project at a location that is materially different from the location specified in the application for the grant, the eligible entity shall be required to return the grant funds to the Secretary. (e) Technical Assistance (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall provide technical assistance on a selective basis to eligible entities that are seeking a grant under the Program to enhance the impact of the qualifying advanced energy project to be carried out using the grant with respect to the selection criteria described in subsection (c)(2)(A). (2) Applications An eligible entity desiring technical assistance under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Factors for consideration In selecting eligible entities for technical assistance under paragraph (1), the Secretary shall give higher priority to eligible entities that propose a qualifying advanced energy project that has greater potential for enhancement of the impact of the project with respect to the selection criteria described in subsection (c)(2)(A). (f) Publication of grants The Secretary shall make publicly available the identity of each eligible entity awarded a grant under the Program and the amount of the grant. (g) Report Not later than 4 years after the date of enactment this Act, the Secretary shall— (1) review the grants awarded under the Program; and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing those grants. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Program $750,000,000 for the period of fiscal years 2022 through 2026. 2010. Critical minerals mining and recycling research (a) Definitions In this section: (1) Critical mineral The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Critical minerals and metals The term critical minerals and metals includes any host mineral of a critical mineral. (3) Director The term Director means the Director of the Foundation. (4) End-to-end The term end-to-end , with respect to the integration of mining or life cycle of minerals, means the integrated approach of, or the lifecycle determined by, examining the research and developmental process from the mining of the raw minerals to its processing into useful materials, its integration into components and devices, the utilization of such devices in the end-use application to satisfy certain performance metrics, and the recycling or disposal of such devices. (5) Foreign entity of concern The term foreign entity of concern means a foreign entity that is— (A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18, United States Code (commonly known as the Espionage Act ); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996) ; (iv) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274 , 2275, 2276, 2277, and 2284); (vi) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); or (vii) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (E) determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States. (6) Foundation The term Foundation means the National Science Foundation. (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (8) 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 ). (9) Recycling The term recycling means the process of collecting and processing spent materials and devices and turning the materials and devices into raw materials or components that can be reused either partially or completely. (10) Secondary recovery The term secondary recovery means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, or byproducts produced through legacy mining and metallurgy activities. (b) Critical minerals mining and recycling research and development (1) In general In order to support supply chain resiliency, the Secretary, in coordination with the Director, shall issue awards, on a competitive basis, to eligible entities described in paragraph (2) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purposes of— (A) making better use of domestic resources; and (B) eliminating national reliance on minerals and mineral materials that are subject to supply disruptions. (2) Eligible entities Entities eligible to receive an award under paragraph (1) are the following: (A) Institutions of higher education. (B) National Laboratories. (C) Nonprofit organizations. (D) Consortia of entities described in subparagraphs (A) through (C), including consortia that collaborate with private industry. (3) Use of funds Activities funded by an award under this section may include— (A) advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction and production— (i) to improve existing, or to develop new, supply chains of critical minerals; and (ii) to yield more efficient, economical, and environmentally benign mining practices; (B) advancing critical mineral processing research activities to improve separation, alloying, manufacturing, or recycling techniques and technologies that can decrease the energy intensity, waste, potential environmental impact, and costs of those activities; (C) advancing research and development of critical minerals mining and recycling technologies that take into account the potential end-uses and disposal of critical minerals, in order to improve end-to-end integration of mining and technological applications; (D) conducting long-term earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at those sites; (E) examining the application of artificial intelligence for geological exploration of critical minerals, including what size and diversity of data sets would be required; (F) examining the application of machine learning for detection and sorting of critical minerals, including what size and diversity of data sets would be required; (G) conducting detailed isotope studies of critical minerals and the development of more refined geologic models; or (H) providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers. (c) Critical Minerals Interagency Subcommittee (1) In general In order to support supply chain resiliency, the Critical Minerals Subcommittee of the National Science and Technology Council (referred to in this subsection as the Subcommittee ) shall coordinate Federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the United States. (2) Purposes The purposes of the Subcommittee shall be— (A) to advise and assist the National Science and Technology Council, including the Committee on Homeland and National Security of the National Science and Technology Council, on United States policies, procedures, and plans relating to critical minerals, including— (i) Federal research, development, and deployment efforts to optimize methods for extractions, concentration, separation, and purification of conventional, secondary, and unconventional sources of critical minerals, including research that prioritizes end-to-end integration of mining and recycling techniques and the end-use target for critical minerals; (ii) efficient use and reuse of critical minerals, including recycling technologies for critical minerals and the reclamation of critical minerals from components, such as spent batteries; (iii) addressing the technology transitions between research or lab-scale mining and recycling and commercialization of these technologies; (iv) the critical minerals workforce of the United States; and (v) United States private industry investments in innovation and technology transfer from federally funded science and technology; (B) to identify emerging opportunities, stimulate international cooperation, and foster the development of secure and reliable supply chains of critical minerals, including activities relating to the reuse of critical minerals via recycling; (C) to ensure the transparency of information and data related to critical minerals; and (D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production. (3) Responsibilities In carrying out paragraphs (1) and (2), the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees— (A) provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security; (B) assess the progress toward developing critical minerals recycling and reprocessing technologies; (C) assess the end-to-end lifecycle of critical minerals, including for mining, usage, recycling, and end-use material and technology requirements; (D) examine, and provide recommendations for, options for accessing and developing critical minerals through investment and trade with allies and partners of the United States; (E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry; (F) assess the need for, and make recommendations to address, the challenges the United States critical minerals supply chain workforce faces, including— (i) aging and retiring personnel and faculty; (ii) public perceptions about the nature of mining and mineral processing; and (iii) foreign competition for United States talent; (G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance— (i) scientific and technical capabilities across critical mineral supply chains, including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification, more efficient use, recycling, and substitution for critical minerals; and (ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; and (H) report to the appropriate committees of Congress on activities and findings under this subsection. (4) Mandatory responsibilities In carrying out paragraphs (1) and (2), the Subcommittee shall, taking into account the findings and recommendations of relevant advisory committees, identify and evaluate Federal policies and regulations that restrict the mining of critical minerals. (d) Grant program for processing of critical minerals and development of critical minerals and metals (1) Establishment The Secretary, in consultation with the Director, the Secretary of the Interior, and the Secretary of Commerce, shall establish a grant program to finance pilot projects for— (A) the processing or recycling of critical minerals in the United States; or (B) the development of critical minerals and metals in the United States (2) Limitation on grant awards A grant awarded under paragraph (1) may not exceed $10,000,000. (3) Economic viability In awarding grants under paragraph (1), the Secretary shall give priority to projects that the Secretary determines are likely to be economically viable over the long term. (4) Secondary recovery In awarding grants under paragraph (1), the Secretary shall seek to award not less than 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals. (5) Domestic priority In awarding grants for the development of critical minerals and metals under paragraph (1)(B), the Secretary shall prioritize pilot projects that will process the critical minerals and metals domestically. (6) Prohibition on processing by foreign entity of concern In awarding grants under paragraph (1), the Secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern. (7) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the grant program established under paragraph (1) $100,000,000 for each of fiscal years 2021 through 2024. 2011. 21st C entury E nergy W orkforce A dvisory B oard (a) Establishment The Secretary shall establish a board, to be known as the 21st Century Energy Workforce Advisory Board , to develop a strategy for the Department that, with respect to the role of the Department in the support and development of a skilled energy workforce— (1) meets the current and future industry and labor needs of the energy sector; (2) provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs; (3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies; (4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Equity in Energy Initiative of the Department and other Department workforce priorities; (5) develops plans to support and retrain displaced and unemployed energy sector workers; and (6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, veterans, and socioeconomically disadvantaged individuals. (b) Membership (1) In general The Board shall be composed of not fewer than 10 and not more than 15 members, with the initial members of the Board to be appointed by the Secretary not later than 1 year after the date of enactment of this Act. (2) Requirement The Board shall include not fewer than 1 representative of a labor organization with significant energy experience who has been nominated by a national labor federation. (3) Qualifications Each individual appointed to the Board under paragraph (1) shall have expertise in— (A) the field of economics or workforce development; (B) relevant traditional energy industries or emerging energy industries, including energy efficiency; (C) secondary or postsecondary education; (D) energy workforce development or apprenticeship programs of States or units of local government; (E) relevant organized labor organizations; or (F) bringing underrepresented groups, including racial and ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals, into the workforce. (c) Advisory board review and recommendations (1) Determination by board In developing the strategy required under subsection (a), the Board shall— (A) determine whether there are opportunities to more effectively and efficiently use the capabilities of the Department in the development of a skilled energy workforce; (B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, institutions of higher education, labor organizations, Indian Tribes and tribal organizations, and industry in the development of a skilled energy workforce, subject to applicable law; (C) identify ways in which the Department and National Laboratories can— (i) increase outreach to minority-serving institutions; and (ii) make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors; (iii) increase outreach to displaced and unemployed energy sector workers; and (iv) make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce; and (D) (i) identify the energy sectors in greatest need of workforce training; and (ii) in consultation with the Secretary of Labor, develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors. (2) Required analysis In developing the strategy required under subsection (a), the Board shall analyze the effectiveness of— (A) existing Department-directed support; and (B) existing energy workforce training programs. (3) Report (A) In general Not later than 1 year after the date on which the Board is established under this section, and biennially thereafter until the date on which the Board is terminated under subsection (f), the Board shall submit to the Secretary a report containing, with respect to the strategy required under subsection (a)— (i) the findings of the Board; and (ii) the proposed energy workforce strategy of the Board. (B) Response of the Secretary Not later than 90 days after the date on which a report is submitted to the Secretary under subparagraph (A), the Secretary shall— (i) submit to the Board a response to the report that— (I) describes whether the Secretary approves or disapproves of each recommendation of the Board under subparagraph (A); and (II) if the Secretary approves of a recommendation, provides an implementation plan for the recommendation; and (ii) submit to Congress— (I) the report of the Board under subparagraph (A); and (II) the response of the Secretary under clause (i). (C) Public availability of report (i) In general The Board shall make each report under subparagraph (A) available to the public on the earlier of— (I) the date on which the Board receives the response of the Secretary under subparagraph (B)(i); and (II) the date that is 90 days after the date on which the Board submitted the report to the Secretary. (ii) Requirement If the Board has received a response to a report from the Secretary under subparagraph (B)(i), the Board shall make that response publicly available with the applicable report. (d) Report by the Secretary Not later than 180 days before the date of expiration of a term of the Board under subsection (f), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that— (1) describes the effectiveness and accomplishments of the Board during the applicable term; (2) contains a determination of the Secretary as to whether the Board should be renewed; and (3) if the Secretary determines that the Board should be renewed, any recommendations as to whether and how the scope and functions of the Board should be modified. (e) Outreach to minority-Serving institutions, veterans, and displaced and unemployed energy workers In developing the strategy under subsection (a), the Board shall— (1) give special consideration to increasing outreach to minority-serving institutions, veterans, and displaced and unemployed energy workers; (2) make resources available to— (A) minority-serving institutions, with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors; (B) institutions that serve veterans, with the objective of increasing the number veterans in the energy industry by ensuring that veterans have the credentials and training necessary to secure careers in the energy industry; and (C) institutions that serve displaced and unemployed energy workers to increase the number of individuals trained for jobs in the energy industry; (3) encourage the energy industry to improve the opportunities for students of minority-serving institutions, veterans, and displaced and unemployed energy workers to participate in internships, preapprenticeships, apprenticeships, and cooperative work-study programs in the energy industry; and (4) work with the National Laboratories to increase the participation of underrepresented groups, veterans, and displaced and unemployed energy workers in internships, fellowships, training programs, and employment at the National Laboratories. (f) Term (1) In general Subject to paragraph (2), the Board shall terminate on September 30, 2026. (2) Extensions The Secretary may renew the Board for 1 or more 5-year periods by submitting, not later than the date described in subsection (d), a report described in that subsection that contains a determination by the Secretary that the Board should be renewed. III Fuels and technology infrastructure investments A Carbon capture, utilization, storage, and transportation infrastructure 3001. Findings Congress finds that— (1) the industrial sector is integral to the economy of the United States— (A) providing millions of jobs and essential products; and (B) demonstrating global leadership in manufacturing and innovation; (2) carbon capture and storage technologies are necessary for reducing hard-to-abate emissions from the industrial sector, which emits nearly 25 percent of carbon dioxide emissions in the United States; (3) carbon removal and storage technologies, including direct air capture, must be deployed at large-scale in the coming decades to remove carbon dioxide directly from the atmosphere; (4) large-scale deployment of carbon capture, removal, utilization, transport, and storage— (A) is critical for achieving mid-century climate goals; and (B) will drive regional economic development, technological innovation, and high-wage employment; (5) carbon capture, removal, and utilization technologies require a backbone system of shared carbon dioxide transport and storage infrastructure to enable large-scale deployment, realize economies of scale, and create an interconnected carbon management market; (6) carbon dioxide transport infrastructure and permanent geological storage are proven and safe technologies with existing Federal and State regulatory frameworks; (7) carbon dioxide transport and storage infrastructure share similar barriers to deployment previously faced by other types of critical national infrastructure, such as high capital costs and chicken-and-egg challenges, that require Federal and State support, in combination with private investment, to be overcome; and (8) each State should take into consideration, with respect to new carbon dioxide transportation infrastructure— (A) qualifying the infrastructure as pollution control devices under applicable laws (including regulations) of the State; and (B) establishing a waiver of ad valorem and property taxes for the infrastructure for a period of not less than 10 years. 3002. Carbon utilization program Section 969A of the Energy Policy Act of 2005 ( 42 U.S.C. 16298a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: (3) to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2); ; (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: (2) Grant program (A) In general Not later than 1 year after the date of enactment of the Energy Infrastructure Act , the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D). (B) Eligible entities To be eligible to receive a grant under this paragraph, an entity shall be— (i) a State; (ii) a unit of local government; or (iii) a public utility or agency. (C) Applications Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (D) Use of funds An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that— (i) use or are derived from anthropogenic carbon oxides; and (ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products. ; and (C) in paragraph (3) (as so redesignated), by striking paragraph (1) and inserting this subsection ; and (3) by striking subsection (d) and inserting the following: (d) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section— (1) $41,000,000 for fiscal year 2022; (2) $65,250,000 for fiscal year 2023; (3) $66,562,500 for fiscal year 2024; (4) $67,940,625 for fiscal year 2025; and (5) $69,387,656 for fiscal year 2026. . 3003. Carbon capture technology program Section 962 of the Energy Policy Act of 2005 ( 42 U.S.C. 16292 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking program. and inserting program for carbon capture technologies; and ; and (C) by adding at the end the following: (E) a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies. ; and (2) in subsection (d)(1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $100,000,000 for the period of fiscal years 2022 through 2026. . 3004. Carbon dioxide transportation infrastructure finance and innovation (a) In general Title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16181 et seq. ) is amended by adding at the end the following: J Carbon dioxide transportation infrastructure finance and innovation 999A. Definitions In this subtitle: (1) CIFIA program The term CIFIA program means the carbon dioxide transportation infrastructure finance and innovation program established under section 999B(a). (2) Common carrier The term common carrier means a transportation infrastructure operator or owner that— (A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and (B) holds itself out to provide transportation services to the public for a fee. (3) Contingent commitment The term contingent commitment means a commitment to obligate funds from future available budget authority that is— (A) contingent on those funds being made available in law at a future date; and (B) not an obligation of the Federal Government. (4) Eligible project costs The term eligible project costs means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including— (A) the cost of— (i) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (ii) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition and installation of equipment (including labor); and (iii) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and (B) transaction costs associated with financing the project, including— (i) the cost of legal counsel and technical consultants; and (ii) any subsidy amount paid in accordance with section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii). (5) Federal credit instrument The term Federal credit instrument means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project. (6) Lender The term lender means a qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq. )), that is not a Federal qualified institutional buyer. (7) Letter of interest The term letter of interest means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that— (A) describes the project and the location, purpose, and cost of the project; (B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor; (C) provides a status of environmental review; and (D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program. (8) Loan guarantee The term loan guarantee means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan made to an obligor, or debt obligation issued by an obligor, in each case funded by a lender. (9) Master credit agreement The term master credit agreement means a conditional agreement that— (A) is for the purpose of extending credit assistance for— (i) a project of high priority under section 999B(c)(3)(A); or (ii) a project covered under section 999B(c)(3)(B); (B) does not provide for a current obligation of Federal funds; and (C) would— (i) make a contingent commitment of a Federal credit instrument or grant at a future date, subject to— (I) the availability of future funds being made available to carry out the CIFIA program; and (II) the satisfaction of all conditions for the provision of credit assistance under the CIFIA program, including section 999C(b); (ii) establish the maximum amounts and general terms and conditions of the Federal credit instruments or grants; (iii) identify the 1 or more revenue sources that will secure the repayment of the Federal credit instruments; (iv) provide for the obligation of funds for the Federal credit instruments or grants after all requirements have been met for the projects subject to the agreement, including— (I) compliance with all applicable requirements specified under the CIFIA program, including sections 999B(d) and 999C(b)(1); and (II) the availability of funds to carry out the CIFIA program; and (v) require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary. (10) Obligor The term obligor means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity that is liable for payment of the principal of, or interest on, a Federal credit instrument. (11) Produced in the United States The term produced in the United States , with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. (12) Project The term project means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate. (13) Project obligation The term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. (14) Secured loan The term secured loan means a direct loan to an obligor or a debt obligation issued by an obligor and purchased by the Secretary, in each case funded by the Secretary in connection with the financing of a project under section 999C. (15) Subsidy amount The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument— (A) calculated on a net present value basis; and (B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (16) Substantial completion The term substantial completion , with respect to a project, means the date— (A) on which the project commences transportation of carbon dioxide; or (B) of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement. 999B. Determination of eligibility and project selection (a) Establishment of program The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle— (1) a Federal credit instrument under section 999C; (2) a grant under section 999D; or (3) both a Federal credit instrument and a grant. (b) Eligibility (1) In general A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if— (A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and (B) the project meets the criteria described in this subsection. (2) Creditworthiness (A) In general Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). (B) Reasonable prospect of repayment The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of— (i) the strength of the contractual terms of an eligible project (if available for the applicable market segment); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; (iii) the projected financial strength of the obligor— (I) at the time of loan close; and (II) throughout the loan term, including after the project is completed; (iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and (v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. (3) Applications To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (4) Eligible project costs A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. (5) Revenue sources The applicable Federal credit instrument shall be repayable, in whole or in part, from— (A) user fees; (B) payments owing to the obligor under a public-private partnership; or (C) other revenue sources that also secure or fund the project obligations. (6) Obligor will be identified later A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be— (A) the obligor; and (B) identified at a later date through completion of a procurement and selection of the private party. (7) Beneficial effects The Secretary shall determine that financial assistance for each project under the CIFIA program will— (A) attract public or private investment for the project; or (B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project. (8) Project readiness To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program. (c) Selection among eligible projects (1) Establishment of application process The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may— (A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and (B) receive grants under section 999D if— (i) adequate funds are available to cover the amount of the grant; and (ii) the Secretary determines that the project is eligible under subsection (b). (2) Priority In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that— (A) are large-capacity, common carrier infrastructure; (B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air; (C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and (D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns. (3) Master credit agreements (A) Priority projects The Secretary may enter into a master credit agreement for a project that the Secretary determines— (i) will likely be eligible for credit assistance under subsection (b), on obtaining— (I) additional commitments from associated carbon capture projects to use the project; or (II) all necessary permits and approvals; and (ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). (B) Adequate funding not available If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect— (i) (I) to enter into a master credit agreement in lieu of the Federal credit instrument; and (II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or (ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument. (d) Federal requirements (1) In general Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). (2) NEPA Federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (e) Use of American iron, steel, and manufactured goods (1) In general Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that— (A) the application would be inconsistent with the public interest; (B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or (C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. (3) Waivers If the Secretary receives a request for a waiver under this subsection, the Secretary shall— (A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request— (i) on an informal basis; and (ii) by electronic means, including on the official public website of the Department; (B) allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and (C) approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request. (4) Applicability This subsection shall be applied in accordance with any applicable obligations of the United States under international agreements. (f) Application processing procedures (1) Notice of complete application Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether— (A) the application is complete; or (B) additional information or materials are needed to complete the application. (2) Approval or denial of application Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. (g) Development-phase activities Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 999A(4)(A). 999C. Secured loans (a) Agreements (1) In general Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which— (A) shall be used— (i) to finance eligible project costs of any project selected under section 999B; (ii) to refinance interim construction financing of eligible project costs of any project selected under section 999B; or (iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that— (I) is selected under section 999B; or (II) otherwise meets the requirements of that section; and (B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection. (2) Risk assessment Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 999B(b)(2). (b) Terms and limitations (1) In general A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. (2) Maximum amount The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs. (3) Payment A secured loan under this section shall be payable, in whole or in part, from— (A) user fees; (B) payments owing to the obligor under a public-private partnership; or (C) other revenue sources that also secure or fund the project obligations. (4) Interest rate (A) In general Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (B) Limited buydowns (i) In general Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period— (I) beginning on, as applicable— (aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or (bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and (II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan. (ii) Description of interest rate The interest rate referred to in clause (i) is the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan in effect, as applicable to the project that is the subject of the secured loan, on— (I) the date described in clause (i)(I)(aa); or (II) the date described in clause (i)(I)(bb). (iii) Limitation The interest rate of a secured loan may not be lowered pursuant to clause (i) by more than 1 1/2 percentage points (150 basis points). (5) Maturity date The final maturity date of the secured loan shall be the earlier of— (A) the date that is 35 years after the date of substantial completion of the project; and (B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset. (6) Nonsubordination (A) In general Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Preexisting indenture (i) In general The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— (I) the secured loan is rated in the A category or higher; and (II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues. (ii) Limitation If the Secretary waives the nonsubordination requirement under this subparagraph— (I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any. (7) Fees (A) In general The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $3,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. (B) Amendment to add cost of fees to secured loan If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary. (8) Maximum Federal involvement The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 999D, shall not exceed an amount equal to 80 percent of the eligible project costs. (c) Repayment (1) Schedule The Secretary shall establish a repayment schedule for each secured loan under this section based on— (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the project. (2) Commencement Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (3) Deferred payments (A) In general If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. (ii) Repayment standards The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty. (B) Use of proceeds of refinancing A secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of secured loans (1) In general Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor. (e) Loan guarantees (1) In general The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan. (2) Terms The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary. 999D. Future growth grants (a) Establishment The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between— (1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and (2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset. (b) Eligibility To be eligible to receive a grant under this section, an entity shall— (1) be eligible to receive credit assistance under the CIFIA program; (2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and (3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (c) Use of funds A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2). (d) Maximum amount The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a). 999E. Program administration (a) Requirement The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program. (b) Fees If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs. (c) Servicer (1) In general The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Secretary. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. (d) Assistance from expert firms The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. (e) Expedited processing The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program. 999F. State and local permits The provision of credit assistance under the CIFIA program with respect to a project shall not— (1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. 999G. Regulations The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program. 999H. Authorization of appropriations; contract authority (a) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary to carry out this subtitle— (A) $600,000,000 for each of fiscal years 2022 and 2023; and (B) $300,000,000 for each of fiscal years 2024 through 2026. (2) Spending and borrowing authority Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. (3) Reestimates If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 661c(f) ). (4) Administrative costs Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from the date of enactment of the Energy Infrastructure Act (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program. (b) Contract authority (1) In general Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment. (2) Availability Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year. . (b) Technical amendments The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 600) is amended— (1) in the item relating to section 917, by striking Efficiency ; (2) by striking the items relating to subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources) and inserting the following: Subtitle J—Carbon dioxide transportation infrastructure finance and innovation Sec. 999A. Definitions. Sec. 999B. Determination of eligibility and project selection. Sec. 999C. Secured loans. Sec. 999D. Future growth grants. Sec. 999E. Program administration. Sec. 999F. State and local permits. Sec. 999G. Regulations. Sec. 999H. Authorization of appropriations; contract authority. ; and (3) by striking the item relating to section 969B and inserting the following: Sec. 969B. High efficiency turbines. . 3005. Carbon storage validation and testing Section 963 of the Energy Policy Act of 2005 ( 42 U.S.C. 16293 ) is amended— (1) in subsection (a)(1)(B), by striking over a 10-year period ; (2) in subsection (b)— (A) in paragraph (1), by striking and demonstration and inserting demonstration, and commercialization ; and (B) in paragraph (2)— (i) in subparagraph (G), by striking and at the end; (ii) in subparagraph (H), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (I) evaluating the quantity, location, and timing of geologic carbon storage deployment that may be needed, and developing strategies and resources to enable the deployment. ; (3) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; (4) by inserting after subsection (d) the following: (e) Large-scale carbon storage commercialization program (1) In general The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development. (2) Applications; selection (A) In general To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (B) Application process The Secretary shall establish an application process that, to the maximum extent practicable— (i) is open to projects at any stage of development described in paragraph (1); and (ii) facilitates expeditious development of projects described in that paragraph. (C) Project selection In selecting projects for funding under paragraph (1), the Secretary shall give priority to— (i) projects with substantial carbon dioxide storage capacity; or (ii) projects that will store carbon dioxide from multiple carbon capture facilities. ; (5) in subsection (f) (as so redesignated), in paragraph (1), by inserting with respect to the research, development, demonstration program components described in subsections (b) through (d) before give preference ; and (6) by striking subsection (h) (as so redesignated) and inserting the following: (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for the period of fiscal years 2022 through 2026. . 3006. Secure geologic storage permitting (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Class VI well The term Class VI well means a well described in section 144.6(f) of title 40, Code of Federal Regulations (or successor regulations). (b) Authorization of appropriations for geologic sequestration permitting There is authorized to be appropriated to the Administrator for the permitting of Class VI wells by the Administrator for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ) and the final rule of the Administrator entitled Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells (75 Fed. Reg. 77230 (December 10, 2010)), $5,000,000 for each of fiscal years 2022 through 2026. (c) State permitting program grants (1) Establishment The Administrator shall award grants to States that, pursuant to section 1422 of the Safe Drinking Water Act ( 42 U.S.C. 300h–1 ), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide. (2) Use of funds A State that receives a grant under paragraph (1) shall use the amounts received under the grant to defray the expenses of the State related to the establishment and operation of a State underground injection control program described in paragraph (1). (3) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026. 3007. Geologic carbon sequestration on the outer Continental Shelf (a) Definitions Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in the matter preceding subsection (a), by striking When used in this Act— and inserting In this Act: ; (2) in each subsection, by inserting a subsection heading, the text of which is comprised of the term defined in the subsection; (3) by striking the semicolon at the end of each subsection (other than subsection (q)) and ; and at the end of subsection (p) and inserting a period; and (4) by adding at the end the following: (r) Carbon dioxide stream (1) In general The term carbon dioxide stream means carbon dioxide that— (A) has been captured; and (B) consists overwhelmingly of— (i) carbon dioxide plus incidental associated substances derived from the source material or capture process; and (ii) any substances added to the stream for the purpose of enabling or improving the injection process. (2) Exclusions The term carbon dioxide stream does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal. (s) Carbon sequestration The term carbon sequestration means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere. . (b) Leases, easements, or rights-of-way for energy and related purposes Section 8(p)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1) ) is amended— (1) in subparagraph (C), by striking or after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (E) provide for, support, or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration. . (c) Clarification A carbon dioxide stream injected for the purpose of carbon sequestration under subparagraph (E) of section 8(p)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1) ) shall not be considered to be material (as defined in section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1402 )) for purposes of that Act ( 33 U.S.C. 1401 et seq. ). (d) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to carry out the amendments made by this section. 3008. Carbon removal (a) In general Section 969D of the Energy Policy Act of 2005 ( 42 U.S.C. 16298d ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: (j) Regional direct air capture hubs (1) Definitions In this subsection: (A) Eligible project The term eligible project means a direct air capture project or a component project of a regional direct air capture hub. (B) Regional direct air capture hub The term regional direct air capture hub means a network of direct air capture projects, potential carbon dioxide utilization off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region. (2) Establishment of program (A) In general The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 regional direct air capture hubs described in subparagraph (B). (B) Regional direct air capture hubs Each of the 4 regional direct air capture hubs developed under the program under subparagraph (A) shall be a regional direct air capture hub that— (i) facilitates the deployment of direct air capture projects; (ii) has the capacity to capture and sequester, utilize, or sequester and utilize at least 1,000,000 metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units; (iii) demonstrates the capture, processing, delivery, and sequestration or end-use of captured carbon; and (iv) could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization. (3) Selection of projects (A) Solicitation of proposals (i) In general Not later than 180 days after the date of enactment of the Energy Infrastructure Act , the Secretary shall solicit applications for funding for eligible projects. (ii) Additional solicitations The Secretary shall solicit applications for funding for eligible projects on a recurring basis after the first round of applications is received under clause (i) until all amounts appropriated to carry out this subsection are expended. (B) Selection of projects for the development of regional direct air capture hubs Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A). (C) Criteria The Secretary shall select eligible projects under subparagraph (B) using the following criteria: (i) Carbon intensity of local industry To the maximum extent practicable, each eligible project shall be located in a region with— (I) existing carbon-intensive fuel production or industrial capacity; or (II) carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years. (ii) Geographic diversity To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States. (iii) Carbon potential To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization. (iv) Hubs in fossil-producing regions To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources. (v) Scalability The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere. (vi) Employment The Secretary shall give priority to eligible projects that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region. (vii) Additional criteria The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this subsection. (D) Coordination To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 962(b)(1), the carbon storage validation and testing program established under section 963(b)(1), and the CIFIA program established under section 999B(a) such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks. (E) Funding of eligible projects The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. . B Hydrogen research and development 3101. Findings; purpose (a) Findings Congress finds that— (1) hydrogen plays a critical part in the comprehensive energy portfolio of the United States; (2) the use of the hydrogen resources of the United States— (A) promotes energy security and resilience; and (B) provides economic value and environmental benefits for diverse applications across multiple sectors of the economy; and (3) hydrogen can be produced from a variety of domestically available clean energy sources, including— (A) renewable energy resources, including biomass; (B) fossil fuels with carbon capture, utilization, and storage; and (C) nuclear power. (b) Purpose The purpose of this subtitle is to accelerate research, development, demonstration, and deployment of hydrogen from clean energy sources by— (1) providing a statutory definition for the term clean hydrogen ; (2) establishing a clean hydrogen strategy and roadmap for the United States; (3) establishing a clearing house for clean hydrogen program information at the National Energy Technology Laboratory; (4) developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions; (5) establishing regional clean hydrogen hubs; and (6) authorizing appropriations to carry out the Department of Energy Hydrogen Program Plan, dated November 2020, developed pursuant to title VIII of the Energy Policy Act of 2005 ( 42 U.S.C. 16151 et seq. ). 3102. Definitions Section 803 of the Energy Policy Act of 2005 ( 42 U.S.C. 16152 ) is amended— (1) in paragraph (5), by striking the paragraph designation and heading and all that follows through when in the matter preceding subparagraph (A) and inserting the following: (5) Portable; storage The terms portable and storage , when ; (2) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Clean hydrogen; hydrogen The terms clean hydrogen and hydrogen mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section 822(a), including production from any fuel source. . 3103. Clean hydrogen research and development program (a) In general Section 805 of the Energy Policy Act of 2005 (42 U.S. 16154) is amended— (1) in the section heading, by striking Programs and inserting Clean hydrogen research and development program ; (2) in subsection (a)— (A) by striking research and development program and inserting crosscutting research and development program (referred to in this section as the program ) ; and (B) by inserting processing, after production, ; (3) by striking subsection (b) and inserting the following: (b) Goals The goals of the program shall be— (1) to advance research and development to demonstrate and commercialize the use of clean hydrogen in the transportation, utility, industrial, commercial, and residential sectors; and (2) to demonstrate a standard of clean hydrogen production in the transportation, utility, industrial, commercial, and residential sectors by 2040. ; (4) in subsection (c)(3), by striking renewable fuels and biofuels and inserting fossil fuels with carbon capture, utilization, and sequestration, renewable fuels, biofuels, and nuclear energy ; (5) by striking subsection (e) and inserting the following: (e) Activities In carrying out the program, the Secretary, in partnership with the private sector, shall conduct activities to advance and support— (1) the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section 822(a); (2) the production of clean hydrogen from diverse energy sources, including— (A) fossil fuels with carbon capture, utilization, and sequestration; (B) hydrogen-carrier fuels (including ethanol and methanol); (C) renewable energy resources, including biomass; (D) nuclear energy; and (E) any other methods the Secretary determines to be appropriate; (3) the use of clean hydrogen for commercial, industrial, and residential electric power generation; (4) the use of clean hydrogen in industrial applications, including steelmaking, cement, chemical feedstocks, and process heat; (5) the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements; (6) the safe and efficient delivery of hydrogen or hydrogen-carrier fuels, including— (A) transmission by pipelines, including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen, clean hydrogen blends, or clean hydrogen carriers; (B) tanks and other distribution methods; and (C) convenient and economic refueling of vehicles, locomotives, maritime vessels, or planes— (i) at central refueling stations; or (ii) through distributed onsite generation; (7) advanced vehicle, locomotive, maritime vessel, or plane technologies, including— (A) engine and emission control systems; (B) energy storage, electric propulsion, and hybrid systems; (C) automotive, locomotive, maritime vessel, or plane materials; and (D) other advanced vehicle, locomotive, maritime vessel, or plane technologies; (8) storage of hydrogen or hydrogen-carrier fuels, including the development of materials for safe and economic storage in gaseous, liquid, or solid form; (9) the development of safe, durable, affordable, and efficient fuel cells, including fuel-flexible fuel cell power systems, improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell stack and system reliability, low-temperature operation, and cold start capability; (10) the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the United States; (11) the use of clean hydrogen in the transportation sector, including in light-, medium-, and heavy-duty vehicles, rail transport, aviation, and maritime applications; and (12) in coordination with relevant agencies, the development of appropriate, uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production, processing, delivery, and end-use technologies. ; and (6) by adding at the end the following: (j) Targets Not later than 180 days after the date of enactment of the Energy Infrastructure Act , the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of clean hydrogen systems and technologies. . (b) Conforming amendment The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 599) is amended by striking the item relating to section 805 and inserting the following: Sec. 805. Clean hydrogen research and development program. . 3104. Additional clean hydrogen programs Title VIII of the Energy Policy Act of 2005 ( 42 U.S.C. 16151 et seq. ) is amended— (1) by redesignating sections 813 through 816 as sections 818 through 821, respectively; and (2) by inserting after section 812 the following: 813. Regional clean hydrogen hubs (a) Definition of regional clean hydrogen hub In this section, the term regional clean hydrogen hub means a network of clean hydrogen producers, potential clean hydrogen consumers, and connective infrastructure located in close proximity. (b) Establishment of program The Secretary shall establish a program to support the development of at least 4 regional clean hydrogen hubs that— (1) demonstrably aid the achievement of the clean hydrogen production standard developed under section 822(a); (2) demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen; and (3) can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy. (c) Selection of regional clean hydrogen hubs (1) Solicitation of proposals Not later than 180 days after the date of enactment of the Energy Infrastructure Act , the Secretary shall solicit proposals for regional clean hydrogen hubs. (2) Selection of hubs Not later than 1 year after the deadline for the submission of proposals under paragraph (1), the Secretary shall select at least 4 regional clean hydrogen hubs to be developed under subsection (b). (3) Criteria The Secretary shall select regional clean hydrogen hubs under paragraph (2) using the following criteria: (A) Feedstock diversity To the maximum extent practicable— (i) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels; (ii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy; and (iii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy. (B) End-use diversity To the maximum extent practicable— (i) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector; (ii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector; (iii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector; and (iv) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector. (C) Geographic diversity To the maximum extent practicable, each regional clean hydrogen hub— (i) shall be located in a different region of the United States; and (ii) shall use energy resources that are abundant in that region. (D) Hubs in natural gas-producing regions To the maximum extent practicable, at least 2 regional clean hydrogen hubs shall be located in the regions of the United States with the greatest natural gas resources. (E) Employment The Secretary shall give priority to regional clean hydrogen hubs that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region. (F) Additional criteria The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this title (4) Funding of regional clean hydrogen hubs The Secretary may make grants to each regional clean hydrogen hub selected under paragraph (2) to accelerate commercialization of, and demonstrate the production, processing, delivery, storage, and end-use of, clean hydrogen. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $8,000,000,000 for the period of fiscal years 2022 through 2026. 814. National clean hydrogen strategy and roadmap (a) Development (1) In general In carrying out the programs established under sections 805 and 813, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen. (2) Inclusions The national clean hydrogen strategy and roadmap developed under paragraph (1) shall focus on— (A) establishing a standard of hydrogen production that achieves the standard developed under section 822(a), including interim goals towards meeting that standard; (B) (i) clean hydrogen production and use from natural gas, coal, renewable energy sources, nuclear energy, and biomass; and (ii) identifying potential barriers, pathways, and opportunities, including Federal policy needs, to transition to a clean hydrogen economy; (C) identifying— (i) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist in the major shale natural gas-producing regions of the United States; (ii) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist for merchant nuclear power plants operating in deregulated markets; and (iii) environmental risks associated with potential deployment of clean hydrogen technologies in those regions, and ways to mitigate those risks; (D) approaches, including substrategies, that reflect geographic diversity across the country, to advance clean hydrogen based on resources, industry sectors, environmental benefits, and economic impacts in regional economies; (E) identifying opportunities to use, and barriers to using, existing infrastructure, including all components of the natural gas infrastructure system, the carbon dioxide pipeline infrastructure system, end-use local distribution networks, end-use power generators, LNG terminals, industrial users of natural gas, and residential and commercial consumers of natural gas, for clean hydrogen deployment; (F) identifying the needs for and barriers and pathways to developing clean hydrogen hubs (including, where appropriate, clean hydrogen hubs coupled with carbon capture, utilization, and storage hubs) that— (i) are regionally dispersed across the United States and can leverage natural gas to the maximum extent practicable; (ii) can demonstrate the efficient production, processing, delivery, and use of clean hydrogen; (iii) include transportation corridors and modes of transportation, including transportation of clean hydrogen by pipeline and rail and through ports; and (iv) where appropriate, could serve as joint clean hydrogen and carbon capture, utilization, and storage hubs; (G) prioritizing activities that improve the ability of the Department to develop tools to model, analyze, and optimize single-input, multiple-output integrated hybrid energy systems and multiple-input, multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen, high-value heat, electricity, and chemical synthesis services; (H) identifying the appropriate points of interaction between and among Federal agencies involved in the production, processing, delivery, storage, and use of clean hydrogen and clarifying the responsibilities of those Federal agencies, and potential regulatory obstacles and recommendations for modifications, in order to support the deployment of clean hydrogen; and (I) identifying geographic zones or regions in which clean hydrogen technologies could efficiently and economically be introduced in order to transition existing infrastructure to rely on clean hydrogen, in support of decarbonizing all relevant sectors of the economy. (b) Reports to Congress (1) In general Not later than 180 days after the date of enactment of the Energy Infrastructure Act , the Secretary shall submit to Congress the clean hydrogen strategy and roadmap developed under subsection (a). (2) Updates The Secretary shall submit to Congress updates to the clean hydrogen strategy and roadmap under paragraph (1) not less frequently than once every 3 years after the date on which the Secretary initially submits the report and roadmap. 815. Clean hydrogen manufacturing and recycling (a) Clean hydrogen manufacturing initiative (1) In general In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques. (2) Priority In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that— (A) increase efficiency and cost-effectiveness in— (i) the manufacturing process; and (ii) the use of resources, including existing energy infrastructure; (B) support domestic supply chains for materials and components; (C) identify and incorporate nonhazardous alternative materials for components and devices; (D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or (E) are located in economically distressed areas of the major natural gas-producing regions of the United States. (3) Evaluation Not later than 3 years after the date of enactment of the Energy Infrastructure Act , and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1). (b) Clean hydrogen technology recycling research, development, and demonstration program (1) In general In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by— (A) increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells; (B) minimizing environmental impacts from the recovery and disposal processes; (C) addressing any barriers to the research, development, demonstration, and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production, processing, delivery, storage, and use; (D) developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen technologies; (E) developing alternative disassembly and resource recovery processes that enable efficient, cost-effective, and environmentally responsible disassembly of, and resource recovery from, clean hydrogen technologies; and (F) developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells. (2) Dissemination of results The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. 816. Clean hydrogen electrolysis program (a) Definitions In this section: (1) Electrolysis The term electrolysis means a process that uses electricity to split water into hydrogen and oxygen. (2) Electrolyzer The term electrolyzer means a system that produces hydrogen using electrolysis. (3) Program The term program means the program established under subsection (b). (b) Establishment Not later than 90 days after the date of enactment of the Energy Infrastructure Act , the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers. (c) Goals The goals of the program are— (1) to reduce the cost of hydrogen produced using electrolyzers to less than $2 per kilogram of hydrogen by 2026; and (2) any other goals the Secretary determines are appropriate. (d) Demonstration projects In carrying out the program, the Secretary shall fund demonstration projects— (1) to demonstrate technologies that produce clean hydrogen using electrolyzers; and (2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1). (e) Focus The program shall focus on research relating to, and the development, demonstration, and deployment of— (1) low-temperature electrolyzers, including liquid-alkaline electrolyzers, membrane-based electrolyzers, and other advanced electrolyzers, capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability; (2) high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production; (3) advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell; (4) new highly active, selective, and durable electrolyzer catalysts and electro-catalysts that— (A) greatly reduce or eliminate the need for platinum group metals; and (B) enable electrolysis of complex mixtures with impurities, including seawater; (5) modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )); (6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater; (7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow for scale-up and domestic manufacturing of electrolyzers at a high volume; (8) clean hydrogen storage technologies; (9) technologies that integrate hydrogen production with— (A) clean hydrogen compression and drying technologies; (B) clean hydrogen storage; and (C) transportation or stationary systems; and (10) integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies, including hybrid systems with hydrogen storage. (f) Grants, contracts, cooperative agreements (1) Grants In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c). (2) Contracts and cooperative agreements In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b). (3) Eligibility; applications (A) In general The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary. (B) Applications An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. 817. Laboratory management (a) In general The National Energy Technology Laboratory, the Idaho National Laboratory, and the National Renewable Energy Laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections 813 and 815. (b) Coordination; clearinghouse In carrying out subsection (a), the National Energy Technology Laboratory shall— (1) coordinate with— (A) the Idaho National Laboratory, the National Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner; (B) institutions of higher education; (C) research institutes; (D) industrial researchers; and (E) international researchers; and (2) act as a clearinghouse to collect information from, and distribute information to, the National Laboratories and other entities described in subparagraphs (B) through (E) of paragraph (1). . 3105. Clean hydrogen production qualifications (a) In general The Energy Policy Act of 2005 ( 42 U.S.C. 16151 et seq. ) (as amended by section 3104(1)) is amended by adding at the end the following: 822. Clean hydrogen production qualifications (a) In general Not later than 180 days after the date of enactment of the Energy Infrastructure Act , the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this title. (b) Requirements (1) In general The standard developed under subsection (a) shall— (A) support clean hydrogen production from each source described in section 805(e)(2); (B) define the term clean hydrogen to mean hydrogen produced with a carbon intensity equal to or less than 2 kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced; and (C) take into consideration technological and economic feasibility. (2) Adjustment Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall— (A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and (B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment. (c) Application The standard developed under subsection (a) shall apply to clean hydrogen production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology. . (b) Conforming amendment The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 599) is amended by striking the items relating to sections 813 through 816 and inserting the following: Sec. 813. Regional clean hydrogen hubs. Sec. 814. National clean hydrogen strategy and roadmap. Sec. 815. Clean hydrogen manufacturing and recycling. Sec. 816. Clean hydrogen electrolysis program. Sec. 817. Laboratory management. Sec. 818. Technology transfer Sec. 819. Miscellaneous provisions. Sec. 820. Cost sharing. Sec. 821. Savings clause. Sec. 822. Clean hydrogen production qualifications. . C Nuclear energy infrastructure 3201. Infrastructure planning for micro and small modular nuclear reactors (a) Definitions In this section: (1) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (2) Isolated community The term isolated community has the meaning given the term in section 8011(a) of the Energy Act of 2020 ( 42 U.S.C. 17392(a) ). (3) Micro-reactor The term micro-reactor means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts. (4) 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 ). (5) Small modular reactor The term small modular reactor means an advanced nuclear reactor— (A) with a rated capacity of less than 300 electrical megawatts; and (B) that can be constructed and operated in combination with similar reactors at a single site. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro-reactors and small modular reactors. (c) Elements The report required by subsection (b) shall address the following: (1) An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address— (A) the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures; (B) the need for protection against cyber threats and electromagnetic pulses; and (C) resilience to extreme natural events, including earthquakes, volcanic activity, tornados, hurricanes, floods, tsunamis, lahars, landslides, seiches, a large quantity of snowfall, and very low or high temperatures. (2) A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department. (3) A strategy to partner with private industry to develop and deploy micro-reactors and small modular reactors to remote communities in order to replace diesel generation and other fossil fuels. (4) An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro-reactors and small modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure. (5) The plans of the Department— (A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026; (B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and (C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs. (d) Financial and technical assistance for siting micro-reactors, small modular reactors, and advanced nuclear reactors (1) In general The Secretary shall offer financial and technical assistance to entities to conduct feasibility studies for the purpose of identifying suitable locations for the deployment of micro-reactors, small modular reactors, and advanced nuclear reactors in isolated communities. (2) Requirement Prior to providing financial and technical assistance under paragraph (1), the Secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities. (3) Limitation The Secretary shall not disburse more than 50 percent of the amounts available for financial assistance under this subsection to the National Laboratories. 3202. Property interests relating to certain projects and protection of information relating to certain agreements (a) Property interests relating to federally funded advanced nuclear reactor projects (1) Definitions In this section: (A) Advanced nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b) ). (B) Property interest (i) In general Except as provided in clause (ii), the term property interest means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on the date of enactment of this Act)). (ii) Exclusion The term property interest does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3). (2) Assignment of property interests The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3). (3) Project described A project referred to in paragraph (2) is— (A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of the date of enactment of this Act; (B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading Nuclear Energy under the heading ENERGY PROGRAMS in title III of division C of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 133 Stat. 2670); (C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or (D) a project— (i) relating to advanced nuclear reactors; and (ii) for which Federal funding is provided under a program focused on development and demonstration. (4) Retroactive vesting The vesting of fee title or any other property interest assigned under paragraph (2) shall be retroactive to the date on which the applicable project first received Federal funding as described in any of subparagraphs (A) through (D) of paragraph (3). (b) Considerations in cooperative research and development agreements (1) In general Section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(c)(7)(B) ) is amended— (A) by inserting (i) after (B) ; (B) in clause (i), as so designated, by striking The director and inserting Subject to clause (ii), the director ; and (C) by adding at the end the following: (II) The agency may authorize the director to provide appropriate protections against dissemination described in clause (i) for a total period of not more than 30 years if the agency determines that the nature of the information protected against dissemination, including nuclear technology, could reasonably require an extended period of that protection to reach commercialization. . (2) Applicability (A) Definition In this subsection, the term cooperative research and development agreement has the meaning given the term in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(d) ). (B) Retroactive effect Clause (ii) of section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(c)(7)(B) ), as added by subsection (a) of this section, shall apply with respect to any cooperative research and development agreement that is in effect as of the day before the date of enactment of this Act. (c) Department of Energy contracts Section 646(g)(5) of the Department of Energy Organization Act ( 42 U.S.C. 7256(g)(5) ) is amended— (1) by striking (5) The Secretary and inserting the following: (5) Protection from disclosure (A) In general The Secretary ; and (2) in subparagraph (A) (as so designated)— (A) by striking , for up to 5 years after the date on which the information is developed, ; and (B) by striking agency. and inserting the following: “agency— (i) for up to 5 years after the date on which the information is developed; or (ii) for up to 30 years after the date on which the information is developed, if the Secretary determines that the nature of the technology under the transaction, including nuclear technology, could reasonably require an extended period of protection from disclosure to reach commercialization. (B) Extension during term The Secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph (A) in accordance with that subparagraph. . 3203. Civil nuclear credit program (a) Definitions In this section: (1) Certified nuclear reactor The term certified nuclear reactor means a nuclear reactor that— (A) competes in a competitive electricity market; and (B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d). (2) Credit The term credit means a credit allocated to a certified nuclear reactor under subsection (e)(2). (b) Establishment of program The Secretary shall establish a civil nuclear credit program— (1) to evaluate nuclear reactors that are projected to cease operations due to economic factors; and (2) to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection. (c) Certification (1) Application (A) In general In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including— (i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including— (I) the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated; (II) any private or publicly available data with respect to current or projected bulk power market prices; (III) out-of-market revenue streams; (IV) operations and maintenance costs; (V) capital costs, including fuel; and (VI) operational and market risks; (ii) an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations; (iii) known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and (iv) a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated— (I) without receiving additional credits; or (II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period. (B) Timeline The Secretary shall accept applications described in subparagraph (A)— (i) until the date that is 120 days after the date of enactment of this Act; and (ii) not less frequently than every year thereafter. (C) Payments from State programs (i) In general The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on the date of enactment of this Act. (ii) Requirement An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments. (2) Determination to certify (A) Determination (i) In general Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph. (ii) Minimum requirements To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if— (I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors; (II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and (III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor— (aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations) of the nuclear reactor; and (bb) poses no significant safety hazards. (iii) Priority In determining whether to certify a nuclear reactor under clause (i), the Secretary shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States. (B) Notice For each application received under paragraph (1)(A), the Secretary shall provide to the applicable owner or operator, as applicable— (i) a notice of the certification of the applicable nuclear reactor; or (ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied. (d) Bidding process (1) In general Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that— (A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and (B) includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated. (2) Requirement The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection. (e) Allocation (1) Auction Notwithstanding section 169 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2209 ), the Secretary shall— (A) in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and (B) select certified nuclear reactors to be allocated credits. (2) Credits Subject to subsection (f)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection. (3) Requirement To the maximum extent practicable, the Secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible. (f) Renewal (1) In general The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section. (2) Limitation Notwithstanding any other provision of this section, the Secretary may not allocate any credits after September 30, 2031. (g) Additional requirements (1) Audit During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor. (2) Recapture The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)— (A) terminates operations; or (B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor. (3) Confidentiality The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. (h) Report Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include— (1) an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability; (2) a quantification of the ratepayer savings achieved under this section; and (3) any recommendations to renew or expand the credits. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026. D Hydropower 3301. Hydroelectric production incentives Section 242 of the Energy Policy Act of 2005 ( 42 U.S.C. 15881 ) is amended— (1) in subsection (b)(2), by striking before the date of the enactment of this section and inserting before the date of enactment of the Energy Infrastructure Act ; (2) in the undesignated matter following subsection (b)(3), by striking the date of the enactment of this section and inserting the date of enactment of the Energy Infrastructure Act ; (3) in subsection (e)(1), in the second sentence, by striking $750,000 and inserting $1,000,000 ; and (4) by striking subsection (g) and inserting the following: (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $125,000,000 for fiscal year 2022, to remain available until expended. . 3302. Hydroelectric efficiency improvement incentives (a) In general Section 243 of the Energy Policy Act of 2005 ( 42 U.S.C. 15882 ) is amended— (1) in the section heading, by inserting incentives after improvement ; (2) in subsection (b)— (A) in the first sentence, by striking 10 percent and inserting 30 percent ; (B) in the second sentence— (i) by striking $750,000 and inserting $5,000,000 ; and (ii) by inserting in any 1 fiscal year before the period at the end; and (3) by striking subsection (c) and inserting the following: (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2022 to remain available until expended. . (b) Conforming amendment The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 595) is amended by striking the item relating to section 243 and inserting the following: 243. Hydroelectric efficiency improvement incentives. . 3303. Maintaining and enhancing hydroelectricity incentives (a) In general Subtitle C of title II of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 674) is amended by adding at the end the following: 247. Maintaining and enhancing hydroelectricity incentives (a) Definition of qualified hydroelectric facility In this section, the term qualified hydroelectric facility means a hydroelectric project that— (1) (A) is licensed by the Federal Energy Regulatory Commission; or (B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act ( 16 U.S.C. 791a et seq. ); (2) is placed into service before the date of enactment of this section; and (3) (A) is in compliance with all applicable Federal, Tribal, and State requirements; or (B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section. (b) Incentive payments The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to— (1) improving grid resiliency, including— (A) adapting more quickly to changing grid conditions; (B) providing ancillary services (including black start capabilities, voltage support, and spinning reserves); (C) integrating other variable sources of electricity generation; and (D) managing accumulated reservoir sediments; (2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including— (A) the maintenance or upgrade of spillways or other appurtenant structures; (B) dam stability improvements, 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; or (3) environmental improvements, including— (A) adding or improving 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 hydroelectric facility; (B) improving the quality of the water retained or released by a qualified hydroelectric facility; (C) promoting downstream sediment transport processes and habitat maintenance; and (D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity. (c) Limitations (1) Costs Incentive payments under this section shall not exceed 30 percent of the costs of the applicable capital improvement. (2) Maximum amount Not more than 1 incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended. . (b) Conforming amendment The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 595) is amended by inserting after the item relating to section 246 the following: 247. Maintaining and enhancing hydroelectricity incentives. . 3304. Pumped storage hydropower wind and solar integration and system reliability initiative Section 3201 of the Energy Policy Act of 2020 ( 42 U.S.C. 17232 ) is amended— (1) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and (2) by inserting after subsection (d) the following: (e) Pumped storage hydropower wind and solar integration and system reliability initiative (1) Definition of eligible entity In this subsection, the term eligible entity means— (A) (i) an electric utility, including— (I) a political subdivision of a State, such as a municipally owned electric utility; or (II) an instrumentality of a State composed of municipally owned electric utilities; (ii) an electric cooperative; or (iii) an investor-owned utility; (B) an Indian Tribe or Tribal organization; (C) a State energy office; (D) an institution of higher education; and (E) a consortium of the entities described in subparagraphs (A) through (D). (2) Demonstration project (A) In general Not later than September 30, 2023, the Secretary shall, to the maximum extent practicable, enter into an agreement with an eligible entity to provide financial assistance to the eligible entity to carry out project design, transmission studies, power market assessments, and permitting for a pumped storage hydropower project to facilitate the long-duration storage of intermittent renewable electricity. (B) Project requirements To be eligible for financial assistance under subparagraph (A), a project shall— (i) be designed to provide not less than 1,000 megawatts of storage capacity; (ii) be able to provide energy and capacity for use in more than 1 organized electricity market; (iii) be able to store electricity generated by intermittent renewable electricity projects located on Tribal land; and (iv) have received a preliminary permit from the Federal Energy Regulatory Commission. (C) Matching requirement An eligible entity receiving financial assistance under subparagraph (A) shall provide matching funds equal to or greater than the amount of financial assistance provided under that subparagraph. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2022 through 2026. . 3305. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs Section 9(c) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c) ) is amended— (1) in paragraph (1), in the fourth sentence, by striking , including small conduit hydropower development and inserting and reserve to the Secretary the exclusive authority to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using Bureau of Reclamation reservoirs ; and (2) in paragraph (8), by striking has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act and inserting was filed with the Federal Energy Regulatory Commission before August 9, 2013, and is still pending . 3306. Limitations on issuance of certain leases of power privilege (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Director The term Director means the Director of the Office of Hearings and Appeals. (3) Office of Hearings and Appeals The term Office of Hearings and Appeals means the Office of Hearings and Appeals of the Department of the Interior. (4) Party The term party , with respect to a study plan agreement, means each of the following parties to the study plan agreement: (A) The proposed lessee. (B) The Tribes. (5) Project The term project means a proposed pumped storage facility that— (A) would use multiple Bureau of Reclamation reservoirs; and (B) as of June 1, 2017, was subject to a preliminary permit issued by the Commission pursuant to section 4(f) of the Federal Power Act ( 16 U.S.C. 797(f) ). (6) Proposed lessee The term proposed lessee means the proposed lessee of a project. (7) Secretary The term Secretary means the Secretary of the Interior. (8) Study plan The term study plan means the plan described in subsection (d)(1). (9) Study plan agreement The term study plan agreement means an agreement entered into under subsection (b)(1) and described in subsection (c). (10) Tribes The term Tribes means— (A) the Confederated Tribes of the Colville Reservation; and (B) the Spokane Tribe of Indians of the Spokane Reservation. (b) Requirement for issuance of leases of power privilege The Secretary shall not issue a lease of power privilege pursuant to section 9(c)(1) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c)(1) ) (as amended by section 3305) for a project unless— (1) the proposed lessee and the Tribes have entered into a study plan agreement; or (2) the Secretary or the Director, as applicable, makes a final determination for— (A) a study plan agreement under subsection (c)(2); or (B) a study plan under subsection (d). (c) Study plan agreement requirements (1) In general A study plan agreement shall— (A) establish the deadlines for the proposed lessee to formally respond in writing to comments and study requests about the project previously submitted to the Commission; (B) allow for the parties to submit additional comments and study requests if any aspect of the project, as proposed, differs from an aspect of the project, as described in a preapplication document provided to the Commission; (C) except as expressly agreed to by the parties or as provided in paragraph (2) or subsection (d), require that the proposed lessee conduct each study described in— (i) a study request about the project previously submitted to the Commission; or (ii) any additional study request submitted in accordance with the study plan agreement; (D) require that the proposed lessee study any potential adverse economic effects of the project on the Tribes, including effects on— (i) annual payments to the Confederated Tribes of the Colville Reservation under section 5(b) of the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act ( Public Law 103–436 ; 108 Stat. 4579); and (ii) annual payments to the Spokane Tribe of Indians of the Spokane Reservation authorized after the date of enactment of this Act, the amount of which derives from the annual payments described in clause (i); (E) establish a protocol for communication and consultation between the parties; (F) provide mechanisms for resolving disputes between the parties regarding implementation and enforcement of the study plan agreement; and (G) contain other provisions determined to be appropriate by the parties. (2) Disputes (A) In general If the parties cannot agree to the terms of a study plan agreement or implementation of those terms, the parties shall submit to the Director, for final determination on the terms or implementation of the study plan agreement, notice of the dispute, consistent with paragraph (1)(F), to the extent the parties have agreed to a study plan agreement. (B) Inclusion A dispute covered by subparagraph (A) may include the view of a proposed lessee that an additional study request submitted in accordance with paragraph (1)(B) is not reasonably calculated to assist the Secretary in evaluating the potential impacts of the project. (C) Timing The Director shall issue a determination regarding a dispute under subparagraph (A) not later than 120 days after the date on which the Director receives notice of the dispute under that subparagraph. (d) Study plan (1) In general The proposed lessee shall submit to the Secretary for approval a study plan that details the proposed methodology for performing each of the studies— (A) identified in the study plan agreement of the proposed lessee; or (B) determined by the Director in a final determination regarding a dispute under subsection (c)(2). (2) Initial determination Not later than 60 days after the date on which the Secretary receives the study plan under paragraph (1), the Secretary shall make an initial determination that— (A) approves the study plan; (B) rejects the study plan on the grounds that the study plan— (i) lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement; or (ii) is inconsistent with the study plan agreement; or (C) imposes additional study plan requirements that the Secretary determines are necessary to adequately define the potential effects of the project on— (i) the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq. ); (ii) the annual payments described in clauses (i) and (ii) of subsection (c)(1)(D); (iii) the Columbia Basin project (as defined in section 1 of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57 Stat. 14, chapter 14; 16 U.S.C. 835 )); (iv) historic properties and cultural or spiritually significant resources; and (v) the environment. (3) Objections (A) In general Not later than 30 days after the date on which the Secretary makes an initial determination under paragraph (2), the Tribes or the proposed lessee may submit to the Director an objection to the initial determination. (B) Final determination Not later than 120 days after the date on which the Director receives an objection under subparagraph (A), the Director shall— (i) hold a hearing on the record regarding the objection; and (ii) make a final determination that establishes the study plan, including a description of studies the proposed lessee is required to perform. (4) No objections If no objections are submitted by the deadline described in paragraph (3)(A), the initial determination of the Secretary under paragraph (2) shall be final. (e) Conditions of lease (1) Consistency with rights of Tribes; protection, mitigation, and enhancement of fish and wildlife (A) In general Any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions— (i) to ensure that the project is consistent with, and will not interfere with, the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq. ); and (ii) to adequately and equitably protect, mitigate damages to, and enhance fish and wildlife, including related spawning grounds and habitat, affected by the development, operation, and management of the project. (B) Recommendations of the Tribes The conditions required under subparagraph (A) shall be based on joint recommendations of the Tribes. (C) Resolving inconsistencies (i) In general If the Secretary determines that any recommendation of the Tribes under subparagraph (B) is not reasonably calculated to ensure the project is consistent with subparagraph (A) or is inconsistent with the requirements of the Reclamation Project Act of 1939 ( 43 U.S.C. 485 et seq. ), the Secretary shall attempt to resolve any such inconsistency with the Tribes, giving due weight to the recommendations and expertise of the Tribes. (ii) Publication of findings If, after an attempt to resolve an inconsistency under clause (i), the Secretary does not adopt in whole or in part a recommendation of the Tribes under subparagraph (B), the Secretary shall issue each of the following findings, including a statement of the basis for each of the findings: (I) A finding that adoption of the recommendation is inconsistent with the requirements of the Reclamation Project Act of 1939 ( 43 U.S.C. 485 et seq. ). (II) A finding that the conditions selected by the Secretary to be contained in the lease of power privilege under subparagraph (A) comply with the requirements of clauses (i) and (ii) of that subparagraph. (2) Annual charges payable by licensee (A) In general Subject to subparagraph (B), any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions that require the lessee of the project to make direct payments to the Tribes through reasonable annual charges in an amount that recompenses the Tribes for any adverse economic effect of the project identified in a study performed pursuant to the study plan agreement for the project. (B) Agreement (i) In general The amount of the annual charges described in subparagraph (A) shall be established through agreement between the proposed lessee and the Tribes. (ii) Condition The agreement under clause (i), including any modification of the agreement, shall be deemed to be a condition to the lease of power privilege issued by the Secretary for a project under subsection (b). (C) Dispute resolution (i) In general If the proposed lessee and the Tribes cannot agree to the terms of an agreement under subparagraph (B)(i), the proposed lessee and the Tribes shall submit notice of the dispute to the Director. (ii) Resolution The Director shall resolve the dispute described in clause (i) not later than 180 days after the date on which the Director receives notice of the dispute under that clause. (3) Additional conditions The Secretary may include in any lease of power privilege issued by the Secretary for a project under subsection (b) other conditions determined appropriate by the Secretary, on the condition that the conditions shall be consistent with the Reclamation Project Act of 1939 ( 43 U.S.C. 485 et seq. ). (4) Consultation In establishing conditions under this subsection, the Secretary shall consult with the Tribes. (f) Deadlines The Secretary or any officer of the Office of Hearing and Appeals before whom a proceeding is pending under this section may extend any deadline or enlarge any timeframe described in this section— (1) at the discretion of the Secretary or the officer; or (2) on a showing of good cause by any party. (g) Judicial review Any final action of the Secretary or the Director made pursuant to this section shall be subject to judicial review in accordance with chapter 7 of title 5, United States Code. (h) Effect on other projects Nothing in this section establishes any precedent or is binding on any Bureau of Reclamation lease of power privilege, other than for a project. E Miscellaneous 3401. Solar energy technologies on current and former mine land Section 3004 of the Energy Act of 2020 ( 42 U.S.C. 16238 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (6) through (15) as paragraphs (7) through (16), respectively; and (B) by inserting after paragraph (5) the following: (6) Mine land The term mine land means— (A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq. ; 30 U.S.C. 1251 et seq. ); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ). ; and (2) in subsection (b)(6)(B)— (A) in the matter preceding clause (i), by inserting , in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency for purposes of clause (iv), after the Secretary ; (B) in clause (iii), by striking and after the semicolon; (C) by redesignating clause (iv) as clause (v); and (D) by inserting after clause (iii) the following: (iv) a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and . 3402. Clean energy demonstration program on current and former mine land (a) Definitions In this section: (1) Clean energy project The term clean energy project means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (C) Geothermal. (D) Direct air capture. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (2) Economically distressed area The term economically distressed area means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ). (3) Mine land The term mine land means— (A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq. ; 30 U.S.C. 1251 et seq. ); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ). (4) Program The term program means the demonstration program established under subsection (b). (b) Establishment The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. (c) Selection of demonstration projects (1) In general In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects. (2) Eligibility To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability. (3) Priority In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will— (A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project; (B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions; (C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project; (D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly— (i) in economically distressed areas; and (ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (E) have the greatest potential for technological innovation and commercial deployment; (F) have the lowest levelized cost of generated or stored energy; (G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and (H) have the shortest project time from permitting to completion. (4) Project selection The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor. (5) Compatibility with existing operations Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm— (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. (d) Consultation The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites. (e) Technical assistance The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. 3403. Leases, easements, and rights-of-way for energy and related purposes on the outer Continental Shelf Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1)(C) ) is amended by inserting storage, before or transmission . IV Enabling energy infrastructure investment and data collection A Department of Energy loan program 4001. Department of Energy loan programs (a) Title XVII innovative energy loan guarantee program (1) Reasonable prospect of repayment Section 1702(d)(1) of the Energy Policy Act of 2005 ( 42 U.S.C. 16512(d)(1) ) is amended— (A) by striking the paragraph designation and heading and all that follows through No guarantee and inserting the following: (1) Requirement (A) In general No guarantee ; and (B) by adding at the end the following: (B) Reasonable prospect of repayment The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including, as applicable, an evaluation of— (i) the strength of the contractual terms of the eligible project (if commercially reasonably available); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; (iii) cash sweeps and other structure enhancements; (iv) the projected financial strength of the borrower— (I) at the time of loan close; and (II) throughout the loan term after the project is completed; (v) the financial strength of the investors and strategic partners of the borrower, if applicable; and (vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. . (2) Loan guarantees for projects that increase the domestically produced supply of critical minerals (A) In general Section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) ) is amended by adding at the end the following: (13) Projects that increase the domestically produced supply of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives. . (B) Prohibition on use of previously appropriated funds Amounts appropriated to the Department of Energy before the date of enactment of this Act shall not be made available for the cost of loan guarantees made under paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) ). (C) Prohibition on use of previously available commitment authority Amounts made available to the Department of Energy for commitments to guarantee loans under section 1703 of the Energy Policy Act of 2005 ( 42 U.S.C. 16513 ) before the date of enactment of this Act shall not be made available for commitments to guarantee loans for projects described in paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) ). (3) Conflicts of interest Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended by adding at the end the following: (r) Conflicts of interest For each project selected for a guarantee under this title, the Secretary shall certify that political influence did not impact the selection of the project. . (b) Advanced technology vehicle manufacturing (1) Eligibility Section 136(a)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013(a)(1) ) is amended— (A) in subparagraph (C), by striking the period at the end and inserting a semicolon; (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking means an ultra and inserting the following: means— (A) an ultra ; and (D) by adding at the end the following: (B) a medium duty vehicle or a heavy duty vehicle that exceeds 125 percent of the greenhouse gas emissions and fuel efficiency standards established by the final rule of the Environmental Protection Agency entitled Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2 (81 Fed. Reg. 73478 (October 25, 2016)); (C) a train or locomotive; (D) a maritime vessel; (E) an aircraft; and (F) hyperloop technology. . (2) Reasonable prospect of repayment Section 136(d) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013(d) ) is amended— (A) by striking paragraph (3) and inserting the following: (3) Selection of eligible projects (A) In general The Secretary shall select eligible projects to receive loans under this subsection if the Secretary determines that— (i) the loan recipient— (I) has a reasonable prospect of repaying the principal and interest on the loan; (II) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and (III) has met such other criteria as may be established and published by the Secretary; and (ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the project. (B) Reasonable prospect of repayment The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of— (i) the strength of the contractual terms of the eligible project (if commercially reasonably available); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; (iii) cash sweeps and other structure enhancements; (iv) the projected financial strength of the loan recipient— (I) at the time of loan close; and (II) throughout the loan term after the project is completed; (v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and (vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. ; and (B) in paragraph (4)— (i) in subparagraph (C), by striking and after the semicolon; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (E) shall be subject to the condition that the loan is not subordinate to other financing. . (3) Additional reforms Section 136 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013 ) is amended— (A) in subsection (b) by striking ultra efficient vehicle manufacturers, and component suppliers and inserting ultra efficient vehicle manufacturers, advanced technology vehicle manufacturers, and component suppliers ; (B) in subsection (h)— (i) in the subsection heading, by striking Automobile and inserting Advanced technology vehicle ; and (ii) in paragraph (1)(B), by striking automobiles, or components of automobiles and inserting advanced technology vehicles, or components of advanced technology vehicles ; (C) by striking subsection (i); (D) by redesignating subsection (j) as subsection (i); and (E) by adding at the end the following: (j) Coordination In carrying out this section, the Secretary shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel cell demonstration project activities supported by the Department. (k) Outreach In carrying out this section, the Secretary shall— (1) provide assistance with the completion of applications for awards or loans under this section; and (2) conduct outreach, including through conferences and online programs, to disseminate information on awards and loans under this section to potential applicants. (l) Prohibition on use of appropriated funds Amounts appropriated to the Secretary before the date of enactment of this subsection shall not be available to the Secretary to provide awards under subsection (b) or loans under subsection (d) for the costs of activities that were not eligible for those awards or loans on the day before that date. (m) Report Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including— (1) a list of projects receiving a loan under this section, including the loan amount and construction status of each project; (2) the status of the loan repayment for each project, including future repayment projections; (3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; (4) the number of new projects projected to receive a loan under this section in the next 2 years, including the projected aggregate loan amount over the next 2 years; (5) evaluation of ongoing compliance with the assurances and commitments, and of the predictions, made by applicants pursuant to paragraphs (2) and (3) of subsection (d); (6) the total number of applications received by the Department each year; and (7) any other metrics the Secretary determines appropriate. . (4) Conflicts of interest Section 136(d) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013(d) ) is amended by adding at the end the following: (5) Conflicts of interest For each eligible project selected to receive a loan under this subsection, the Secretary shall certify that political influence did not impact the selection of the eligible project. . (c) State loan eligibility (1) Definitions Section 1701 of the Energy Policy Act of 2005 ( 42 U.S.C. 16511 ) is amended by adding at the end the following: (6) State The term State has the meaning given the term in section 202 of the Energy Conservation and Production Act ( 42 U.S.C. 6802 ). (7) State energy financing institution (A) In general The term State energy financing institution means a quasi-independent entity or an entity within a State agency or financing authority established by a State— (i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and (ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects. (B) Inclusion The term State energy financing institution includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation. . (2) Terms and conditions Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended— (A) in subsection (a), by inserting , including projects receiving financial support or credit enhancements from a State energy financing institution, after for projects ; (B) in subsection (d)(1), by inserting , including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution, after No guarantee ; and (C) by adding at the end the following: (r) State energy financing institutions (1) Eligibility To be eligible for a guarantee under this title, a project receiving financial support or credit enhancements from a State energy financing institution— (A) shall meet the requirements of section 1703(a)(1); and (B) shall not be required to meet the requirements of section 1703(a)(2). (2) Partnerships authorized In carrying out a project receiving a loan guarantee under this title, State energy financing institutions may enter into partnerships with private entities, Tribal entities, and Alaska Native corporations. (3) Prohibition on use of appropriated funds Amounts appropriated to the Department of Energy before the date of enactment of this subsection shall not be available to be used for the cost of loan guarantees for projects receiving financing support or credit enhancements under this subsection. . (d) Loan guarantees for certain Alaska natural gas transportation projects and systems Section 116 of the Alaska Natural Gas Pipeline Act ( 15 U.S.C. 720n ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking to West Coast States ; and (B) in paragraph (3), in the second sentence, by striking to the continental United States ; (2) in subsection (b)(1), in the first sentence, by striking to West Coast States ; and (3) in subsection (g)(4)— (A) by inserting by striking plants liquification plants and and inserting plants, liquification plants, and ; (B) by striking to the West Coast ; and (C) by striking to the continental United States . B Energy Information Administration 4101. Definitions In this subtitle: (1) Administrator The term Administrator means the Administrator of the Energy Information Administration. (2) Annual critical minerals outlook The term Annual Critical Minerals Outlook means the Annual Critical Minerals Outlook prepared under section 7002(j)(1)(B) of the Energy Act of 2020 ( 30 U.S.C. 1606(j)(1)(B) ). (3) Critical mineral The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (4) Household energy burden The term household energy burden means the quotient obtained by dividing— (A) the residential energy expenditures (as defined in section 440.3 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act)) of the applicable household; by (B) the annual income of that household. (5) Household with a high energy burden The term household with a high energy burden has the meaning given the term in section 440.3 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Large manufacturing facility The term large manufacturing facility means a manufacturing facility that— (A) annually consumes more than 35,000 megawatt-hours of electricity; or (B) has a peak power demand of more than 10 megawatts. (7) Load-serving entity The term load-serving entity has the meaning given the term in section 217(a) of the Federal Power Act ( 16 U.S.C. 824q(a) ). (8) Miscellaneous electric load The term miscellaneous electric load means electricity that— (A) is used by an appliance or device— (i) within a building; or (ii) to serve a building; and (B) is not used for heating, ventilation, air conditioning, lighting, water heating, or refrigeration. (9) Regional transmission organization The term Regional Transmission Organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (10) Rural area The term rural area has the meaning given the term in section 609(a) of the Public Utility Regulatory Policies Act of 1978 ( 7 U.S.C. 918c(a) ). 4102. Data collection in the electricity sector (a) Dashboard (1) Establishment (A) In general Not later than 90 days after the date of enactment of this Act, the Administrator shall establish an online database to track the operation of the bulk power system in the contiguous 48 States (referred to in this section as the Dashboard ). (B) Improvement of existing dashboard The Dashboard may be established through the improvement, in accordance with this subsection, of an existing dashboard of the Energy Information Administration, such as— (i) the U.S. Electric System Operating Data dashboard; or (ii) the Hourly Electric Grid Monitor. (2) Expansion (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall expand the Dashboard to include, to the maximum extent practicable, hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several States, each territory of the United States, and the District of Columbia. (B) Types of data The hourly operating data collected under subparagraph (A) may include data relating to— (i) total electricity demand; (ii) electricity demand by subregion; (iii) short-term electricity demand forecasts; (iv) total electricity generation; (v) net electricity generation by fuel type, including renewables; (vi) electricity stored and discharged; (vii) total net electricity interchange; (viii) electricity interchange with directly interconnected balancing authorities; and (ix) where available, the estimated marginal greenhouse gas emissions per megawatt hour of electricity generated— (I) within the metered boundaries of each balancing authority; and (II) for each pricing node. (b) Mix of energy sources (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish, in accordance with section 4109 and this subsection and to the extent the Administrator determines to be appropriate, a system to harmonize the operating data on electricity generation collected under subsection (a) with— (A) measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency; (B) other data collected by the Environmental Protection Agency or other relevant Federal agencies, as the Administrator determines to be appropriate; and (C) data collected by State or regional energy credit registries. (2) Outcomes The system established under paragraph (1) shall result in an integrated dataset that includes, for any given time— (A) the net generation of electricity by megawatt hour within the metered boundaries of each balancing authority; and (B) where available, the average and marginal greenhouse gas emissions by megawatt hour of electricity generated within the metered boundaries of each balancing authority. (3) Real-time data dissemination To the maximum extent practicable, the system established under paragraph (1) shall disseminate data— (A) on a real-time basis; and (B) through an application programming interface that is publicly accessible. (4) Complementary efforts The system established under paragraph (1) shall complement any existing data dissemination efforts of the Administrator that make use of electricity generation data, such as electricity demand by subregion and electricity interchange with directly interconnected balancing authorities. (c) Observed characteristics of bulk power system resource integration (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to provide to the public timely data on the integration of energy resources into the bulk power system and the electric distribution grids in the United States, and the observed effects of that integration. (2) Requirements In carrying out paragraph (1), the Administrator shall seek to improve the temporal and spatial resolution of data relating to how grid operations are changing, such as through— (A) thermal generator cycling to accommodate intermittent generation; (B) generation unit self-scheduling practices; (C) renewable source curtailment; (D) utility-scale storage; (E) load response; (F) aggregations of distributed energy resources at the distribution system level; (G) power interchange between directly connected balancing authorities; (H) expanding Regional Transmission Organization balancing authorities; (I) improvements in real-time— (i) accuracy of locational marginal prices; and (ii) signals to flexible demand; and (J) disruptions to grid operations, including disruptions caused by cyber sources, physical sources, extreme weather events, or other sources. (d) Distribution system operations (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to provide to the public timely data on the operations of load-serving entities in the electricity grids of the United States. (2) Requirements (A) In general In carrying out paragraph (1), the Administrator shall— (i) not less frequently than annually, provide data on— (I) the delivered generation resource mix for each load-serving entity; and (II) the distributed energy resources operating within each service area of a load-serving entity; (ii) harmonize the data on delivered generation resource mix described in clause (i)(I) with measurements of greenhouse gas emissions collected by the Environmental Protection Agency; (iii) to the maximum extent practicable, disseminate the data described in clause (i)(I) and the harmonized data described in clause (ii) on a real-time basis; and (iv) provide historical data, beginning with the earliest calendar year practicable, but not later than calendar year 2020, on the delivered generation resource mix described in clause (i)(I). (B) Data on the delivered generation resource mix In collecting the data described in subparagraph (A)(i)(I), the Administrator shall— (i) use existing voluntary industry methodologies, including reporting protocols, databases, and emissions and energy use tracking software that provide consistent, timely, and accessible carbon emissions intensity rates for delivered electricity; (ii) consider that generation and transmission entities may provide data on behalf of load-serving entities; (iii) to the extent that the Administrator determines necessary, and in a manner designed to protect confidential information, require each load-serving entity to submit additional information as needed to determine the delivered generation resource mix of the load-serving entity, including financial or contractual agreements for power and generation resource type attributes with respect to power owned by or retired by the load-serving entity; and (iv) for any portion of the generation resource mix of a load-serving entity that is otherwise unaccounted for, develop a methodology to assign to the load-serving entity a share of the otherwise unaccounted for resource mix of the relevant balancing authority. 4103. Expansion of energy consumption surveys (a) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall implement measures to expand the Manufacturing Energy Consumption Survey, the Commercial Building Energy Consumption Survey, and the Residential Energy Consumption Survey to include data on energy end use in order to facilitate the identification of— (1) opportunities to improve energy efficiency and energy productivity; (2) changing patterns of energy use; and (3) opportunities to better understand and manage miscellaneous electric loads. (b) Requirements (1) In general In carrying out subsection (a), the Administrator shall— (A) increase the scope and frequency of data collection on energy end uses and services; (B) use new data collection methods and tools in order to obtain more comprehensive data and reduce the burden on survey respondents, including by— (i) accessing other existing data sources; and (ii) if feasible, developing online and real-time reporting systems; (C) identify and report community-level economic and environmental impacts, including with respect to— (i) the reliability and security of the energy supply; and (ii) local areas with households with a high energy burden; and (D) improve the presentation of data, including by— (i) enabling the presentation of data in an interactive cartographic format on a national, regional, State, and local level with the functionality of viewing various economic, energy, and demographic measures on an individual basis or in combination; and (ii) incorporating the results of the data collection, methods, and tools described in subparagraphs (A) and (B) into existing and new digital distribution methods. (2) Manufacturing energy consumption survey With respect to the Manufacturing Energy Consumption Survey, the Administrator shall— (A) implement measures to provide more detailed representations of data by region; (B) for large manufacturing facilities, break out process heat use by required process temperatures in order to facilitate the identification of opportunities for cost reductions and energy efficiency or energy productivity improvements; (C) collect information on— (i) energy source-switching capabilities, especially with respect to thermal processes and the efficiency of thermal processes; (ii) the use of electricity, biofuels, hydrogen, or other alternative fuels to produce process heat; and (iii) the use of demand response; and (D) identify current and potential future industrial clusters in which multiple firms and facilities in a defined geographic area share the costs and benefits of infrastructure for clean manufacturing, such as— (i) hydrogen generation, production, transport, use, and storage infrastructure; and (ii) carbon dioxide capture, transport, use, and storage infrastructure. (3) Residential energy consumption survey With respect to the Residential Energy Consumption Survey, the Administrator shall— (A) implement measures to provide more detailed representations of data by— (i) geographic area, including by State (for each State); (ii) building type, including multi-family buildings; (iii) household income; (iv) location in a rural area; and (v) other demographic characteristics, as determined by the Administrator; and (B) report measures of— (i) household electrical service capacity; (ii) access to utility demand-side management programs and bill credits; (iii) characteristics of the energy mix used to generate electricity in different regions; and (iv) the household energy burden for households— (I) in different geographic areas; (II) by electricity, heating, and other end-uses; and (III) with different demographic characteristics that correlate with increased household energy burden, including— (aa) having a low household income; (bb) being a minority household; (cc) residing in manufactured or multifamily housing; (dd) being in a fixed or retirement income household; (ee) residing in rental housing; and (ff) other factors, as determined by the Administrator. 4104. Data collection on electric vehicle integration with the electricity grids (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and implement measures to expand data collection with respect to electric vehicle integration with the electricity grids. (b) Sources of data The sources of the data collected pursuant to subsection (a) may include— (1) host-owned or charging-network-owned electric vehicle charging stations; (2) aggregators of charging-network electricity demand; (3) electric utilities offering managed-charging programs; (4) individual, corporate, or public owners of electric vehicles; and (5) balancing authority analyses of— (A) transformer loading congestion; and (B) distribution-system congestion. (c) Consultation and coordination In carrying out subsection (a), the Administrator may consult and enter into agreements with other institutions having relevant data and data collection capabilities, such as— (1) the Secretary of Transportation; (2) the Secretary; (3) the Administrator of the Environmental Protection Agency; (4) States or State agencies; and (5) private entities. 4105. Plan for the modeling and forecasting of demand for minerals used in the energy sector (a) Plan (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the Director of the United States Geological Survey, shall develop a plan for the modeling and forecasting of demand for energy technologies, including for energy production, transmission, or storage purposes, that use minerals that are or could be designated as critical minerals. (2) Inclusions The plan developed under paragraph (1) shall identify— (A) the type and quantity of minerals consumed, delineated by energy technology; (B) existing markets for manufactured energy-producing, energy-transmission, and energy-storing equipment; and (C) emerging or potential markets for new energy-producing, energy-transmission, and energy-storing technologies entering commercialization. (b) Metrics The plan developed under subsection (a)(1) shall produce forecasts of energy technology demand— (1) over the 1-year, 5-year, and 10-year periods beginning on the date on which development of the plan is completed; (2) by economic sector; and (3) according to any other parameters that the Administrator, in collaboration with the Secretary of the Interior, acting through the Director of the United States Geological Survey, determines are needed for the Annual Critical Minerals Outlook. (c) Collaboration The Administrator shall develop the plan under subsection (a)(1) in consultation with— (1) the Secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies; and (2) the Secretary of the Interior, acting through the Director of the United States Geological Survey— (A) to ensure coordination; (B) to avoid duplicative effort; and (C) to align the analysis of demand with data and analysis of where the minerals are produced, refined, and subsequently processed into materials and parts that are used to build energy technologies. 4106. Expansion of international energy data (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall implement measures to expand and improve the international energy data resources of the Energy Information Administration in order to understand— (1) the production and use of energy in various countries; (2) changing patterns of energy use internationally; (3) the relative costs and environmental impacts of energy production and use internationally; and (4) plans for or construction of major energy facilities or infrastructure. (b) Requirements In carrying out subsection (a), the Administrator shall— (1) work with, and leverage the data resources of, the International Energy Agency; (2) include detail on energy consumption by fuel, economic sector, and end use within countries for which data are available; (3) collect relevant measures of energy use, including— (A) cost; and (B) emissions intensity; and (4) provide tools that allow for straightforward country-to-country comparisons of energy production and consumption across economic sectors and end uses. 4107. Plan for the National Energy Modeling System Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a plan to identify any need or opportunity to update or further the capabilities of the National Energy Modeling System, including with respect to— (1) treating energy demand endogenously; (2) increased natural gas usage and increased market penetration of renewable energy; (3) flexible operating modes of nuclear power plants, such as load following and frequency control; (4) tools to model multiple-output energy systems that provide hydrogen, high-value heat, electricity, and chemical synthesis services, including interactions of those energy systems with the electricity grids, pipeline networks, and the broader economy; (5) demand response and improved representation of energy storage, including long-duration storage, in capacity expansion models; (6) electrification, particularly with respect to the transportation, industrial, and buildings sectors; (7) increasing model resolution to represent all hours of the year and all electricity generators; (8) wholesale electricity market design and the appropriate valuation of all services that support the reliability of electricity grids, such as— (A) battery storage; and (B) synthetic inertia from grid-tied inverters; (9) economic modeling of the role of energy efficiency, demand response, electricity storage, and a variety of distributed generation technologies; (10) the production, transport, use, and storage of carbon dioxide, hydrogen, and hydrogen carriers; (11) greater flexibility in— (A) the modeling of the environmental impacts of electricity systems, such as— (i) emissions of greenhouse gases and other pollutants; and (ii) the use of land and water resources; and (B) the ability to support climate modeling, such as the climate modeling performed by the Office of Biological and Environmental Research in the Office of Science of the Department; (12) technologies that are in an early stage of commercial deployment and have been identified by the Secretary as candidates for large-scale demonstration projects, such as— (A) carbon capture, transport, use, and storage from any source or economic sector; (B) direct air capture; (C) hydrogen production, including via electrolysis; (D) synthetic and biogenic hydrocarbon liquid and gaseous fuels; (E) supercritical carbon dioxide combustion turbines; (F) industrial fuel cell and hydrogen combustion equipment; and (G) industrial electric boilers; (13) increased and improved data sources and tools, including— (A) the establishment of technology and cost baselines, including technology learning rates; (B) economic and employment impacts of energy system policies and energy prices on households, as a function of household income and region; and (C) the use of behavioral economics to inform demand modeling in all sectors; and (14) striving to migrate toward a single, consistent, and open-source modeling platform, and increasing open access to model systems, data, and outcomes, for— (A) disseminating reference scenarios that can be transparently and broadly replicated; and (B) promoting the development of the researcher and analyst workforce needed to continue the development and validation of improved energy system models in the future. 4108. Report on costs of carbon abatement in the electricity sector Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on— (1) the potential use of levelized cost of carbon abatement or a similar metric in analyzing generators of electricity, including an identification of limitations and appropriate uses of the metric; (2) the feasibility and impact of incorporating levelized cost of carbon abatement in long-term forecasts— (A) to compare technical approaches and understand real-time changes in fossil-fuel and nuclear dispatch; (B) to compare the system-level costs of technology options to reduce emissions; and (C) to compare the costs of policy options, including current policies, regarding valid and verifiable reductions and removals of carbon; and (3) (A) a potential process to measure carbon dioxide emissions intensity per unit of output production for a range of— (i) energy sources; (ii) sectors; and (iii) geographic regions; and (B) a corresponding process to provide an empirical framework for reporting the status and costs of carbon dioxide reduction relative to specified goals. 4109. Harmonization of efforts and data Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to harmonize, to the maximum extent practicable and consistent with data integrity— (1) the data collection efforts of the Administrator, including any data collection required under this subtitle, with the data collection efforts of— (A) the Environmental Protection Agency, as the Administrator determines to be appropriate; (B) other relevant Federal agencies, as the Administrator determines to be appropriate; and (C) State or regional energy credit registries, as the Administrator determines to be appropriate; (2) the data collected under this subtitle, including the operating data on electricity generation collected under section 4102(a), with data collected by the entities described in subparagraphs (A) through (C) of paragraph (1), including any measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency, as the Administrator determines to be appropriate; and (3) the efforts of the Administrator to identify and report relevant impacts, opportunities, and patterns with respect to energy use, including the identification of community-level economic and environmental impacts required under section 4103(b)(1)(C), with the efforts of the Environmental Protection Agency and other relevant Federal agencies, as determined by the Administrator, to identify similar impacts, opportunities, and patterns. C Miscellaneous 4201. 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) ) (as amended by section 1004(a)(1)) is amended by adding at the end the following: (21) 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 third-party investment in electric vehicle charging 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) ) (as amended by section 1004(a)(2)(A)) is amended by adding at the end the following: (8) (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 (21) 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 (21) 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) ) (as amended by section 1004(a)(2)(B)(i)) is amended by adding at the end the following: In the case of the standard established by paragraph (21) 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 (21). . (3) Prior state actions (A) In general Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) (as amended by section 1004(a)(2)(C)(i)) is amended by adding at the end the following: (h) Other prior State actions Subsections (b) and (c) shall not apply to the standard established by paragraph (21) 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 ) (as amended by section 1004(a)(2)(C)(ii)(II)) is amended by adding at the end the following: In the case of the standard established by paragraph (21) 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 (21). . 4202. Office of public participation Section 319 of the Federal Power Act ( 16 U.S.C. 825q–1 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by striking the third sentence; and (B) in subparagraph (B)— (i) by striking the third sentence and inserting the following: The Director shall be compensated at a rate of pay not greater than the maximum rate of pay prescribed for a senior executive in the Senior Executive Service under section 5382 of title 5, United States Code. ; and (ii) by striking the first sentence; and (2) in subsection (b), by striking paragraph (4). 4203. Digital climate solutions report (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal agencies and relevant stakeholders, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses using digital tools and platforms as climate solutions, including— (1) artificial intelligence and machine learning; (2) blockchain technologies and distributed ledgers; (3) crowdsourcing platforms; (4) the Internet of Things; (5) distributed computing for the grid; and (6) software and systems. (b) Contents The report required under subsection (a) shall include— (1) as practicable, a full inventory and assessment of digital climate solutions; (2) an analysis of how the private sector can utilize the digital tools and platforms included in the inventory under paragraph (1) to accelerate digital climate solutions; and (3) a summary of opportunities to enhance the standardization of voluntary and regulatory climate disclosure protocols, including enabling the data to be disseminated through an application programming interface that is accessible to the public. 4204. Study and report by the Secretary of Energy on job loss and impacts on consumer energy costs due to the revocation of the permit for the Keystone XL pipeline (a) Definition of Executive Order In this section, the term Executive Order means Executive Order 13990 (86 Fed. Reg. 7037; relating to protecting public health and the environment and restoring science to tackle the climate crisis). (b) Study and Report The Secretary shall— (1) conduct a study to estimate— (A) the total number of jobs that were lost as a direct or indirect result of section 6 of the Executive Order over the 10-year period beginning on the date on which the Executive Order was issued; and (B) the impact on consumer energy costs that are projected to result as a direct or indirect result of section 6 of the Executive Order over the 10-year period beginning on the date on which the Executive Order was issued; and (2) not later than 90 days after the date of enactment of this Act, submit to Congress a report describing the findings of the study conducted under paragraph (1). 4205. Study on impact of electric vehicles Not later than 120 days after the date of enactment of this Act, the Secretary shall conduct, and submit to Congress a report describing the results of, a study on the cradle to grave environmental impact of electric vehicles. 4206. Study on impact of forced labor in China on the electric vehicle supply chain Not later than 120 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of State, shall study the impact of forced labor in China on the electric vehicle supply chain. V Energy efficiency and building infrastructure A Residential and commercial energy efficiency 5001. Definitions In this subtitle: (1) Priority state The term priority State means a State that— (A) is eligible for funding under the State Energy Program; and (B) (i) is among the 15 States with the highest annual per-capita combined residential and commercial sector energy consumption, as most recently reported by the Energy Information Administration; or (ii) is among the 15 States with the highest annual per-capita energy-related carbon dioxide emissions by State, as most recently reported by the Energy Information Administration. (2) Program The term program means the program established under section 5002(a). (3) State The term State means a State (as defined in section 3 of the Energy Policy and Conservation Act ( 42 U.S.C. 6202 )), acting through a State energy office. (4) State energy program The term State Energy Program means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ). 5002. Energy efficiency revolving loan fund capitalization grant program (a) In general Not later than 1 year after the date of enactment of this Act, under the State Energy Program, the Secretary shall establish a program under which the Secretary shall provide capitalization grants to States to establish a revolving loan fund under which the State shall provide loans and grants, as applicable, in accordance with this section. (b) Distribution of funds (1) All States (A) In general Of the amounts made available under subsection (j), the Secretary shall use 40 percent to provide capitalization grants to States that are eligible for funding under the State Energy Program, in accordance with the allocation formula established under section 420.11 of title 10, Code of Federal Regulations (or successor regulations). (B) Remaining funding After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining States seeking capitalization grants under that subparagraph. (2) Priority states (A) In general Of the amounts made available under subsection (j), the Secretary shall use 60 percent to provide supplemental capitalization grants to priority States in accordance with an allocation formula determined by the Secretary. (B) Remaining funding After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining priority States seeking supplemental capitalization grants under that subparagraph. (C) Grant amount (i) Maximum amount The amount of a supplemental capitalization grant provided to a State under this paragraph shall not exceed $15,000,000. (ii) Supplement not supplant A supplemental capitalization grant received by a State under this paragraph shall supplement, not supplant, a capitalization grant received by that State under paragraph (1). (c) Applications for capitalization grants A State seeking a capitalization grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a detailed explanation of how the grant will be used, including a plan to establish a new revolving loan fund or use an existing revolving loan fund; (2) the need of eligible recipients for loans and grants in the State for assistance with conducting energy audits; (3) a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the State; and (4) in the case of a priority State seeking a supplemental capitalization grant under subsection (b)(2), a justification for needing the supplemental funding. (d) Timing (1) In general The Secretary shall establish a timeline with dates by, or periods by the end of, which a State shall— (A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund; and (B) begin using the capitalization grant as described in subsection (e)(1). (2) Use of grant Under the timeline established under paragraph (1), a State shall be required to begin using a capitalization grant not more than 180 days after the date on which the grant is received. (e) Use of grant funds (1) In general A State that receives a capitalization grant under the program— (A) shall provide loans in accordance with paragraph (2); and (B) may provide grants in accordance with paragraph (3). (2) Loans (A) Commercial energy audit (i) In general A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a commercial energy audit. (ii) Audit requirements A commercial energy audit conducted using a loan provided under clause (i) shall— (I) determine the overall consumption of energy of the facility of the eligible recipient; (II) identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient, including through energy efficient— (aa) lighting; (bb) heating, ventilation, and air conditioning systems; (cc) windows; (dd) appliances; and (ee) insulation and building envelopes; (III) estimate the energy and cost savings potential of the opportunities identified in subclause (II) using software approved by the Secretary; (IV) identify— (aa) the period and level of peak energy demand for each building within the facility of the eligible recipient; and (bb) the sources of energy consumption that are contributing the most to that period of peak energy demand; (V) recommend controls and management systems to reduce or redistribute peak energy consumption; and (VI) estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented, using software approved by the Secretary. (iii) Additional audit inclusions A commercial energy audit conducted using a loan provided under clause (i) may recommend strategies to increase energy efficiency of the facility of the eligible recipient through use of electric systems or other high-efficiency systems utilizing fuels, including natural gas and hydrogen. (iv) Eligible recipients An eligible recipient under clause (i) is a business that— (I) conducts the majority of its business in the State that provides the loan under that clause; and (II) owns or operates— (aa) 1 or more commercial buildings; or (bb) commercial space within a building that serves multiple functions, such as a building for commercial and residential operations. (B) Residential energy audits (i) In general A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a residential energy audit. (ii) Residential energy audit requirements A residential energy audit conducted using a loan under clause (i) shall— (I) utilize the same evaluation criteria as the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (II) recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient, including through energy efficient— (aa) lighting; (bb) heating, ventilation, and air conditioning systems; (cc) windows; (dd) appliances; and (ee) insulation and building envelopes; (III) recommend controls and management systems to reduce or redistribute peak energy consumption; (IV) compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area; and (V) provide a Home Energy Score, or equivalent score (as determined by the Secretary), for the residential building of the eligible recipient by using the Home Energy Score Tool of the Department or an equivalent scoring tool. (iii) Additional audit inclusions A residential energy audit conducted using a loan provided under clause (i) may recommend strategies to increase energy efficiency of the facility of the eligible recipient through use of electric systems or other high-efficiency systems utilizing fuels, including natural gas and hydrogen. (iv) Eligible recipients An eligible recipient under clause (i) is— (I) an individual who owns— (aa) a single family home; (bb) a condominium or duplex; or (cc) a manufactured housing unit; or (II) a business that owns or operates a multifamily housing facility. (C) Commercial and residential energy upgrades and retrofits (i) In general A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (ii) to carry out upgrades or retrofits of building infrastructure and systems that— (I) are recommended in the commercial energy audit or residential energy audit, as applicable, completed for the building or facility of the eligible recipient; (II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (III) improve, with respect to the building or facility of the eligible recipient— (aa) the physical comfort of the building or facility occupants; (bb) the energy efficiency of the building or facility; or (cc) the quality of the air in the building or facility; and (IV) (aa) are lifecycle cost-effective; and (bb) (AA) reduce the energy intensity of the building or facility of the eligible recipient; or (BB) improve the control and management of energy usage of the building or facility to reduce demand during peak times. (ii) Eligible recipients An eligible recipient under clause (i) is an eligible recipient described in subparagraph (A)(iv) or (B)(iv) that— (I) has completed a commercial energy audit described in subparagraph (A) or a residential energy audit described in subparagraph (B) using a loan provided under the applicable subparagraph; or (II) has completed a commercial energy audit or residential energy audit that— (aa) was not funded by a loan under this paragraph; and (bb) (AA) meets the requirements for the applicable audit under subparagraph (A) or (B), as applicable; or (BB) the Secretary determines is otherwise satisfactory. (iii) Loan term (I) In general A loan provided under this subparagraph shall be required to be fully amortized by the earlier of— (aa) subject to subclause (II), the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life; and (bb) 15 years after those upgrades or retrofits are installed. (II) Calculation For purposes of subclause (I)(aa), in the case of a loan being used to fund multiple upgrades or retrofits, the longest-lived upgrade or retrofit shall be used to calculate the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life. (D) Referral to qualified contractors Following the completion of an audit under subparagraph (A) or (B) by an eligible recipient of a loan under the applicable subparagraph, the State may refer the eligible recipient to a qualified contractor, as determined by the State, to estimate— (i) the upfront capital cost of each recommended upgrade; and (ii) the total upfront capital cost of implementing all recommended upgrades. (E) Loan recipients Each State providing loans under this paragraph shall, to the maximum extent practicable, provide loans to eligible recipients that do not have access to private capital. (3) Grants and technical assistance (A) In general A State that receives a capitalization grant under the program may use not more than 25 percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph (B) to carry out the activities described in subparagraphs (A), (B), and (C) of paragraph (2). (B) Eligible entity An entity eligible for a grant or technical assistance under subparagraph (A) is— (i) a business that— (I) is an eligible recipient described in paragraph (2)(A)(iv); and (II) has fewer than 500 employees; or (ii) a low-income individual (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )) that owns a residential building. (4) Final assessment A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient described in clause (ii) of that paragraph may, not later than 1 year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed, provide to the eligible recipient a loan or, in accordance with paragraph (3), a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits. (5) Administrative expenses A State that receives a capitalization grant under the program may use not more than 10 percent of the grant funds for administrative expenses. (f) Coordination with existing programs A State receiving a capitalization grant under the program is encouraged to utilize and build on existing programs and infrastructure within the State that may aid the State in carrying out a revolving loan fund program. (g) Leveraging private capital A State receiving a capitalization grant under the program shall, to the maximum extent practicable, use the grant to leverage private capital. (h) Outreach The Secretary shall engage in outreach to inform States of the availability of capitalization grants under the program. (i) Report Each State that receives a capitalization grant under the program shall, not later than 2 years after a grant is received, submit to the Secretary a report that describes— (1) the number of recipients to which the State has distributed— (A) loans for— (i) commercial energy audits under subsection (e)(2)(A); (ii) residential energy audits under subsection (e)(2)(B); (iii) energy upgrades and retrofits under subsection (e)(2)(C); and (B) grants under subsection (e)(3); and (2) the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were conducted in the State using loans provided by the State under subsection (e). (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for fiscal year 2022, to remain available until expended. 5003. Energy auditor training grant program (a) Definitions In this section: (1) Covered certification The term covered certification means any of the following certifications: (A) The American Society of Heating, Refrigerating and Air-Conditioning Engineers Building Energy Assessment Professional certification. (B) The Association of Energy Engineers Certified Energy Auditor certification. (C) The Building Performance Institute Home Energy Professional Energy Auditor certification. (D) The Residential Energy Services Network Home Energy Rater certification. (E) Any other third-party certification recognized by the Department. (F) Any third-party certification that the Secretary determines is equivalent to the certifications described in subparagraphs (A) through (E). (2) Eligible State The term eligible State means a State that— (A) has a demonstrated need for assistance for training energy auditors; and (B) meets any additional criteria determined necessary by the Secretary. (b) Establishment Under the State Energy Program, the Secretary shall establish a competitive grant program under which the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings. (c) Applications (1) In general A State seeking a grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the energy auditor training program plan described in paragraph (2). (2) Energy auditor training program plan An energy auditor training program plan submitted with an application under paragraph (1) shall include— (A) (i) a proposed training curriculum for energy audit trainees; and (ii) an identification of the covered certification that those trainees will receive on completion of that training curriculum; (B) the expected per-individual cost of training; (C) a plan for connecting trainees with employment opportunities; and (D) any additional information required by the Secretary. (d) Amount of grant The amount of a grant awarded to an eligible State under subsection (b)— (1) shall be determined by the Secretary, taking into account the population of the eligible State; and (2) shall not exceed $2,000,000 for any eligible State. (e) Use of funds (1) In general An eligible State that receives a grant under subsection (b) shall use the grant funds— (A) to cover any cost associated with individuals being trained or certified to conduct energy audits by— (i) the State; or (ii) a State-certified third party training program; and (B) subject to paragraph (2), to pay the wages of a trainee during the period in which the trainee receives training and certification. (2) Limitation Not more than 10 percent of grant funds provided under subsection (b) to an eligible State may be used for the purpose described in paragraph (1)(B). (f) Consultation In carrying out this section, the Secretary shall consult with the Secretary of Labor. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $40,000,000 for the period of fiscal years 2022 through 2026. B Buildings 5101. Cost-effective codes implementation for efficiency and resilience (a) In general Title III of the Energy Conservation and Production Act ( 42 U.S.C. 6831 et seq. ) is amended by adding at the end the following: 309. Cost-effective codes implementation for efficiency and resilience (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and (B) a partnership. (2) Partnership The term partnership means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities: (A) Local building code agencies. (B) Codes and standards developers. (C) Associations of builders and design and construction professionals. (D) Local and utility energy efficiency programs. (E) Consumer, energy efficiency, and environmental advocates. (F) Other entities, as determined by the Secretary. (3) Secretary The term Secretary means the Secretary of Energy. (b) Establishment (1) In general The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes. (2) Updated building energy code An update to a building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update made available after the existing building energy code, even if it is not the most recent updated code available. (c) Criteria; priority In awarding grants under subsection (b), the Secretary shall— (1) consider— (A) prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary; (B) the long-term sustainability of those measures and savings; (C) prospective benefits, and plans to assess the benefits, including benefits relating to— (i) resilience and peak load reduction; (ii) occupant safety and health; and (iii) environmental performance; (D) the demonstrated capacity of the eligible entity to carry out the proposed project; and (E) the need of the eligible entity for assistance; and (2) give priority to applications from partnerships. (d) Eligible activities (1) In general An eligible entity awarded a grant under this section may use the grant funds— (A) to create or enable State or regional partnerships to provide training and materials to— (i) builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and (ii) building code officials, relating to improving implementation of and compliance with building energy codes; (B) to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used; (C) to develop and implement a plan for highly effective codes implementation, including measuring compliance; (D) to address various implementation needs in rural, suburban, and urban areas; and (E) to implement updates in energy codes for— (i) new residential and commercial buildings (including multifamily buildings); and (ii) additions and alterations to existing residential and commercial buildings (including multifamily buildings). (2) Related topics Training and materials provided using a grant under this section may include information on the relationship between energy codes and— (A) cost-effective, high-performance, and zero-net-energy buildings; (B) improving resilience, health, and safety; (C) water savings and other environmental impacts; and (D) the economic impacts of energy codes. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026. . (b) Conforming amendment Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ) is amended, in the matter preceding paragraph (1), by striking As used in and inserting Except as otherwise provided, in . 5102. Building, training, and assessment centers (a) In general The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) and Tribal Colleges or Universities (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )) to establish building training and assessment centers— (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation; (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians; (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and (6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States. (b) Coordination and nonduplication (1) In general The Secretary shall coordinate the program with the industrial research and assessment centers program under section 457 of the Energy Independence and Security Act of 2007 (as added by section 5201(b)) and with other Federal programs to avoid duplication of effort. (2) Collocation To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with industrial and research assessment centers (as defined in section 5211). (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended. 5103. Career skills training (a) Definition of eligible entity In this section, the term eligible entity means a nonprofit partnership that— (1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor-management training programs; (2) may include workforce investment boards, community-based organizations, qualified service and conservation corps, educational institutions, small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and (3) demonstrates— (A) experience in implementing and operating worker skills training and education programs; (B) the ability to identify and involve in training programs carried out under this section, target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries; and (C) the ability to help individuals achieve economic self-sufficiency. (b) Establishment The Secretary shall award grants to eligible entities to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies. (c) Federal share The Federal share of the cost of carrying out a career skills training program described in subsection (b) shall be 50 percent. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended. 5104. Commercial building energy consumption information sharing (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Energy Information Administration. (2) Agreement The term Agreement means the agreement entered into under subsection (b). (3) Survey The term Survey means the Commercial Building Energy Consumption Survey. (b) Authorization of agreement Not later than 120 days after the date of enactment of this Act, the Administrator and the Administrator of the Environmental Protection Agency shall sign, and submit to Congress, an information sharing agreement relating to commercial building energy consumption data. (c) Content of agreement The Agreement shall— (1) provide, to the extent permitted by law, that— (A) the Administrator shall have access to building-specific data in the Portfolio Manager database of the Environmental Protection Agency; and (B) the Administrator of the Environmental Protection Agency shall have access to building-specific data collected by the Survey; (2) describe the manner in which the Administrator shall use the data described in paragraph (1) and subsection (d); (3) describe and compare— (A) the methodologies that the Energy Information Administration, the Environmental Protection Agency, and State and local government managers use to maximize the quality, reliability, and integrity of data collected through the Survey, the Portfolio Manager database of the Environmental Protection Agency, and State and local building energy disclosure laws (including regulations), respectively, and the manner in which those methodologies can be improved; and (B) consistencies and variations in data for the same buildings captured in— (i) (I) the 2018 Survey cycle; and (II) each subsequent Survey cycle; and (ii) the Portfolio Manager database of the Environmental Protection Agency; and (4) consider whether, and the methods by which, the Administrator may collect and publish new iterations of Survey data every 3 years— (A) using the Survey processes of the Administrator; or (B) as supplemented by information in the Portfolio Manager database of the Environmental Protection Agency. (d) Data The data referred in subsection (c)(2) includes data that— (1) is collected through the Portfolio Manager database of the Environmental Protection Agency; (2) is required to be publicly available on the internet under State and local government building energy disclosure laws (including regulations); and (3) includes information on private sector buildings that are not less than 250,000 square feet. (e) Protection of information In carrying out the agreement, the Administrator and the Administrator of the Environmental Protection Agency shall protect information in accordance with— (1) section 552(b)(4) of title 5, United States Code (commonly known as the Freedom of Information Act ); (2) subchapter III of chapter 35 of title 44, United States Code; and (3) any other applicable law (including regulations). C Industrial energy efficiency I Industry 5201. Future of industry program and industrial research and assessment centers (a) Future of industry program (1) In general Section 452 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 ) is amended— (A) by striking the section heading and inserting the following: future of industry program ; (B) in subsection (a)(2)— (i) by redesignating subparagraph (E) as subparagraph (F); and (ii) by inserting after subparagraph (D) the following: (E) water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and ; (C) by striking subsection (e); and (D) by redesignating subsection (f) as subsection (e). (2) Conforming amendment Section 454(b)(2)(C) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17113(b)(2)(C) ) is amended by striking energy-intensive industries and inserting Future of Industry . (b) Industrial research and assessment centers Subtitle D of title IV of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 et seq. ) is amended by adding at the end the following: 457. Industrial research and assessment centers (a) Definitions In this section: (1) Covered project The term covered project means a project— (A) that has been recommended in an energy assessment described in paragraph (2)(A) conducted for an eligible entity; and (B) with respect to which the plant site of that eligible entity— (i) improves— (I) energy efficiency; (II) material efficiency; (III) cybersecurity; or (IV) productivity; or (ii) reduces— (I) waste production; (II) greenhouse gas emissions; or (III) nongreenhouse gas pollution. (2) Eligible entity The term eligible entity means a small- or medium-sized manufacturer that has had an energy assessment completed by— (A) an industrial research and assessment center; (B) a Department of Energy Combined Heat and Power Technical Assistance Partnership jointly with an industrial research and assessment center; or (C) a third-party assessor that provides an assessment equivalent to an assessment described in subparagraph (A) or (B), as determined by the Secretary. (3) Energy service provider The term energy service provider means— (A) any business providing technology or services to improve the energy efficiency, water efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry (as defined in section 452(a)); and (B) any utility operating under a utility energy service project. (4) Industrial research and assessment center The term industrial research and assessment center means— (A) an institution of higher education-based industrial research and assessment center that is funded by the Secretary under subsection (b); and (B) an industrial research and assessment center at a trade school, community college, or union training program that is funded by the Secretary under subsection (f). (5) Program The term Program means the program for implementation grants established under subsection (i)(1). (6) Small- or medium-sized manufacturer The term small- or medium-sized manufacturer means a manufacturing firm— (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $3,500,000. (b) Institution of higher education-based industrial research and assessment centers (1) In general The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers. (2) Purpose The purpose of each institution of higher education-based industrial research and assessment center shall be— (A) to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant sites; (B) to identify opportunities for optimizing energy efficiency and environmental performance, including implementation of— (i) smart manufacturing; (ii) energy management systems; (iii) sustainable manufacturing; (iv) information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes; and (v) waste management systems; (C) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers (including water and wastewater treatment facilities and federally owned manufacturing facilities); (D) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (E) to coordinate with appropriate Federal and State research offices; (F) to provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and (G) to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. (c) Coordination To increase the value and capabilities of the industrial research and assessment centers, the centers shall— (1) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; (2) coordinate with the Federal Energy Management Program and the Building Technologies Office of the Department of Energy to provide building assessment services to manufacturers; (3) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise, technologies, and research and development capabilities of the National Laboratories for national industrial and manufacturing needs; (4) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; (5) identify opportunities for reducing greenhouse gas emissions and other air emissions; and (6) promote sustainable manufacturing practices for small- and medium-sized manufacturers. (d) Outreach The Secretary shall provide funding for— (1) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and (2) coordination activities by each industrial research and assessment center to leverage efforts with— (A) Federal, State, and Tribal efforts; (B) the efforts of utilities and energy service providers; (C) the efforts of regional energy efficiency organizations; and (D) the efforts of other industrial research and assessment centers. (e) Centers of excellence (1) Establishment The Secretary shall establish a Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary. (2) Duties A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence, including— (A) by mentoring new directors and staff of the industrial research and assessment centers with respect to— (i) the availability of resources; and (ii) best practices for carrying out assessments, including through the participation of the staff of the Center of Excellence in assessments carried out by new industrial research and assessment centers; (B) by providing training to staff and students at the industrial research and assessment centers on new technologies, practices, and tools to expand the scope and impact of the assessments carried out by the centers; (C) by assisting the industrial research and assessment centers with specialized technical opportunities, including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities; (D) by identifying and coordinating with regional, State, local, Tribal, and utility energy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional, State, local, and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments; (E) by facilitating coordination between the industrial research and assessment centers and other Federal programs described in paragraphs (1) through (3) of subsection (c); and (F) by coordinating the outreach activities of the industrial research and assessment centers under subsection (d)(1). (3) Funding For each fiscal year, out of any amounts made available to carry out this section under subsection (j), the Secretary shall use not less than $500,000 to support each Center of Excellence. (f) Expansion of industrial research and assessment centers (1) In general The Secretary shall provide funding to establish additional industrial research and assessment centers at trade schools, community colleges, and union training programs. (2) Purpose (A) In general Subject to subparagraph (B), to the maximum extent practicable, an industrial research and assessment center established under paragraph (1) shall have the same purpose as an institution of higher education-based industrial research center that is funded by the Secretary under subsection (b)(1). (B) Consideration of capabilities In evaluating or establishing the purpose of an industrial research and assessment center established under paragraph (1), the Secretary shall take into consideration the varying capabilities of trade schools, community colleges, and union training programs. (g) Workforce training (1) Internships The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. (2) Apprenticeships The Secretary shall pay the Federal share of associated apprenticeship programs under which— (A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers; and (B) employees of facilities that have received an assessment from an industrial research and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve productivity and energy savings. (3) Federal share The Federal share of the cost of carrying out internship programs described in paragraph (1) and apprenticeship programs described in paragraph (2) shall be 50 percent. (h) Small business loans The Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act ( 15 U.S.C. 631 et seq. ) to implement recommendations developed by the industrial research and assessment centers. (i) Implementation grants (1) In general The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities to implement covered projects. (2) Application An eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a demonstration of need for financial assistance to implement the proposed covered project. (3) Priority In awarding grants under the Program, the Secretary shall give priority to eligible entities that— (A) have had an energy assessment completed by an industrial research and assessment center; and (B) propose to carry out a covered project with a greater potential for— (i) energy efficiency gains; or (ii) greenhouse gas emissions reductions. (4) Grant amount (A) Maximum amount The amount of a grant provided to an eligible entity under the Program shall not exceed $300,000. (B) Federal share A grant awarded under the Program for a covered project shall be in an amount that is not more than 50 percent of the cost of the covered project. (C) Supplement A grant received by an eligible entity under the Program shall supplement, not supplant, any private or State funds available to the eligible entity to carry out the covered project. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 through 2026— (1) $150,000,000 to carry out subsections (a) through (h); and (2) $400,000,000 to carry out subsection (i). . (c) Clerical amendment The table of contents of the Energy Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is amended by adding at the end of the items relating to subtitle D of title IV the following: 457. Industrial research and assessment centers. . 5202. Sustainable manufacturing initiative (a) In general Part E of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6341 et seq. ) is amended by adding at the end the following: 376. Sustainable manufacturing initiative (a) In general As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for— (1) maximizing the energy efficiency of industrial processes and cross-cutting systems; (2) preventing pollution and minimizing waste; (3) improving efficient use of water in manufacturing processes; (4) conserving natural resources; and (5) achieving such other goals as the Secretary determines to be appropriate. (b) Coordination To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with— (1) the Advanced Manufacturing Office of the Department of Energy; (2) the Building Technologies Office of the Department of Energy; (3) the Federal Energy Management Program of the Department of Energy; and (4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology. (c) Research and development program for sustainable manufacturing and industrial technologies and processes As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources. . (b) Clerical amendment The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following: 376. Sustainable manufacturing initiative. . II Smart manufacturing 5211. Definitions In this part: (1) Energy management system The term energy management system means a business management process based on standards of the American National Standards Institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance, including energy efficiency, security, use, and consumption. (2) Industrial and research assessment center The term industrial and research assessment center means a center located at an institution of higher education, a trade school, a community college, or a union training program that— (A) receives funding from the Department; (B) provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant site; and (C) identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements, waste minimization, pollution prevention, and productivity improvement. (3) Information and communication technology The term information and communication technology means any electronic system or equipment (including the content contained in the system or equipment) used to create, convert, communicate, or duplicate data or information, including computer hardware, firmware, software, communication protocols, networks, and data interfaces. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) North american industry classification system The term North American Industry Classification System means the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data relating to the business economy of the United States. (6) Small and medium manufacturers The term small and medium manufacturers means manufacturing firms— (A) classified in the North American Industry Classification System as any of sectors 31 through 33; (B) with gross annual sales of less than $100,000,000; (C) with fewer than 500 employees at the plant site; and (D) with annual energy bills totaling more than $100,000 and less than $3,500,000. (7) Smart manufacturing The term smart manufacturing means advanced technologies in information, automation, monitoring, computation, sensing, modeling, artificial intelligence, analytics, and networking that— (A) digitally— (i) simulate manufacturing production lines; (ii) operate computer-controlled manufacturing equipment; (iii) monitor and communicate production line status; and (iv) manage and optimize energy productivity and cost throughout production; (B) model, simulate, and optimize the energy efficiency of a factory building; (C) monitor and optimize building energy performance; (D) model, simulate, and optimize the design of energy efficient and sustainable products, including the use of digital prototyping and additive manufacturing to enhance product design; (E) connect manufactured products in networks to monitor and optimize the performance of the networks, including automated network operations; and (F) digitally connect the supply chain network. 5212. Leveraging existing agency programs to assist small and medium manufacturers The Secretary shall expand the scope of technologies covered by the industrial and research assessment centers of the Department— (1) to include smart manufacturing technologies and practices; and (2) to equip the directors of the industrial and research assessment centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices, including energy management systems, to manufacturers. 5213. Leveraging smart manufacturing infrastructure at National Laboratories (a) Study (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study on how the Department can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers. (2) Inclusions In identifying ways to increase access to National Laboratories under paragraph (1), the Secretary shall— (A) focus on increasing access to the computing facilities of the National Laboratories; and (B) ensure that— (i) the information from the manufacturer is protected; and (ii) the security of the National Laboratory facility is maintained. (3) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study. (b) Actions for increased access The Secretary shall facilitate access to the National Laboratories studied under subsection (a) for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the National Laboratories to enhance the manufacturing competitiveness of the United States. 5214. State manufacturing leadership (a) Financial assistance authorized The Secretary may provide financial assistance on a competitive basis to States for the establishment of programs to be used as models for supporting the implementation of smart manufacturing technologies. (b) Applications (1) In general To be eligible to receive financial assistance under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria The Secretary shall evaluate an application for financial assistance under this section on the basis of merit using criteria identified by the Secretary, including— (A) technical merit, innovation, and impact; (B) research approach, workplan, and deliverables; (C) academic and private sector partners; and (D) alternate sources of funding. (c) Requirements (1) Term The term of an award of financial assistance under this section shall not exceed 3 years. (2) Maximum amount The amount of an award of financial assistance under this section shall be not more than $2,000,000. (3) Matching requirement Each State that receives financial assistance under this section shall contribute matching funds in an amount equal to not less than 30 percent of the amount of the financial assistance. (d) Use of funds A State may use financial assistance provided under this section— (1) to facilitate access to high-performance computing resources for small and medium manufacturers; and (2) to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices. (e) Evaluation The Secretary shall conduct semiannual evaluations of each award of financial assistance under this section— (1) to determine the impact and effectiveness of programs funded with the financial assistance; and (2) to provide guidance to States on ways to better execute the program of the State. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026. 5215. Report The Secretary annually shall submit to Congress and make publicly available a report on the progress made in advancing smart manufacturing in the United States. D Schools and nonprofits 5301. Grants for energy efficiency improvements and renewable energy improvements at public school facilities (a) Definitions In this section: (1) Alternative fueled vehicle The term alternative fueled vehicle has the meaning given the term in section 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 ). (2) Alternative fueled vehicle infrastructure The term alternative fueled vehicle infrastructure means infrastructure used to charge or fuel an alternative fueled vehicle. (3) Eligible entity The term eligible entity means a consortium of— (A) 1 local educational agency; and (B) 1 or more— (i) schools; (ii) nonprofit organizations that have the knowledge and capacity to partner and assist with energy improvements; (iii) for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. (4) Energy improvement The term energy improvement means— (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that— (i) leads to an improvement in teacher and student health, including indoor air quality; and (ii) achieves energy savings; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies; (D) the installation of alternative fueled vehicle infrastructure on school grounds for— (i) exclusive use of school buses, school fleets, or students; or (ii) the general public; and (E) the purchase or lease of alternative fueled vehicles to be used by a school, including school buses, fleet vehicles, and other operational vehicles. (5) High school The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (6) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Nonprofit organization The term nonprofit organization means a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of such Code. (8) Partnering local educational agency The term partnering local educational agency , with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (b) Grants The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents The application submitted under paragraph (1) shall include each of the following: (A) A needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved. (B) A draft work plan of the intended achievements of the eligible entity at the school. (C) A description of the energy improvements that the eligible entity would carry out at the school if the application were approved. (D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C). (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. (F) An assessment of the expected energy efficiency, energy savings, and safety benefits of the energy improvements. (G) A cost estimate of the proposed energy improvements. (H) An identification of other resources that are available to carry out the activities for which grant funds are requested under this section, including the availability of utility programs and public benefit funds. (d) Priority (1) In general In awarding grants under this section, the Secretary shall give priority to an eligible entity— (A) that has renovation, repair, and improvement funding needs; (B) (i) that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census; and (C) that leverages private sector investment through energy-related performance contracting. (2) High school students In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(B)(i) shall be calculated using data from the schools that feed into the high school. (e) Competitive criteria The competitive criteria used by the Secretary to award grants under this section shall include the following: (1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of— (A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (B) the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and (C) the bond rating of the partnering local educational agency. (2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. (3) The potential energy efficiency and safety benefits from the proposed energy improvements. (f) Use of grant amounts (1) In general Except as provided in this subsection, an eligible entity receiving a grant under this section shall use the grant amounts only to make the energy improvements described in the application submitted by the eligible entity under subsection (c). (2) Operation and maintenance training An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (3) Third-party investigation and analysis An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (4) Continuing education An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. (g) Competition in contracting If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process— (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. (h) Best practices The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (i) Report by eligible entity An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing— (1) the use of the grant funds for energy improvements; (2) the estimated cost savings realized by those energy improvements; (3) the results of any third-party investigation and analysis conducted relating to those energy improvements; (4) the use of any utility programs and public benefit funds; and (5) the use of performance tracking for energy improvements, such as— (A) the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); or (B) the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. 5302. Energy efficiency materials pilot program (a) Definitions In this section: (1) Applicant The term applicant means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency material (A) In general The term energy-efficiency material means a material (including a product, equipment, or system) the installation of which results in a reduction in use by a nonprofit organization of energy or fuel. (B) Inclusions The term energy-efficiency material includes— (i) a roof or lighting system or component of the system; (ii) a window; (iii) a door, including a security door; and (iv) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system). (3) Nonprofit building The term nonprofit building means a building operated and owned by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials. (c) Grants (1) In general The Secretary may award grants under the program established under subsection (b). (2) Application The Secretary may award a grant under paragraph (1) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) Criteria for grant In determining whether to award a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on— (A) the energy savings achieved; (B) the cost effectiveness of the use of energy-efficiency materials; (C) an effective plan for evaluation, measurement, and verification of energy savings; and (D) the financial need of the applicant. (4) Limitation on individual grant amount Each grant awarded under this section shall not exceed $200,000. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. E Miscellaneous 5401. Weatherization assistance program There is authorized to be appropriated to the Secretary for the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ) $3,500,000,000 for fiscal year 2022, to remain available until expended. 5402. Energy Efficiency and Conservation Block Grant Program (a) Use of funds Section 544 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17154 ) is amended— (1) in paragraph (13)(D), by striking and after the semicolon; (2) by redesignating paragraph (14) as paragraph (15); and (3) by inserting after paragraph (13) the following: (14) programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures; and . (b) Authorization of appropriations There is authorized to be appropriated to the Secretary for the Energy Efficiency and Conservation Block Grant Program established under section 542(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17152(a) ) $550,000,000 for fiscal year 2022, to remain available until expended. 5403. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States (a) Energy jobs council (1) Establishment The Secretary shall establish a council, to be known as the Energy Jobs Council (referred to in this section as the Council ). (2) Membership The Council shall be comprised of— (A) to be appointed by the Secretary— (i) 1 or more representatives of the Energy Information Administration; and (ii) 1 or more representatives of a State energy office that are serving as members of the State Energy Advisory Board established by section 365(g) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(g) ); (B) to be appointed by the Secretary of Commerce— (i) 1 or more representatives of the Department of Commerce; and (ii) 1 or more representatives of the Bureau of the Census; (C) 1 or more representatives of the Bureau of Labor Statistics, to be appointed by the Secretary of Labor; and (D) 1 or more representatives of any other Federal agency the assistance of which is required to carry out this section, as determined by the Secretary, to be appointed by the head of the applicable agency. (b) Survey and analysis (1) In general The Council shall— (A) conduct a survey of employers in the energy, energy efficiency, and motor vehicle sectors of the economy of the United States; and (B) perform an analysis of the employment figures and demographics in those sectors, including the number of personnel in each sector who devote a substantial portion of working hours, as determined by the Secretary, to regulatory compliance matters. (2) Methodology In conducting the survey and analysis under paragraph (1), the Council shall employ a methodology that— (A) was approved in 2016 by the Office of Management and Budget for use in the document entitled OMB Control Number 1910–5179 ; (B) uses a representative, stratified sampling of businesses in the United States; and (C) is designed to elicit a comparable number of responses from businesses in each State and with the same North American Industry Classification System codes as were received for the 2016 and 2017 reports entitled U.S. Energy and Employment Report . (3) Consultation In conducting the survey and analysis under paragraph (1), the Council shall consult with key stakeholders, including— (A) as the Council determines to be appropriate, the heads of relevant Federal agencies and offices, including— (i) the Secretary of Commerce; (ii) the Secretary of Transportation; (iii) the Director of the Bureau of the Census; (iv) the Commissioner of the Bureau of Labor Statistics; and (v) the Administrator of the Environmental Protection Agency; (B) States; (C) the State Energy Advisory Board established by section 365(g) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(g) ); and (D) energy industry trade associations. (c) Report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— (A) make publicly available on the website of the Department a report, to be entitled the U.S. Energy and Employment Report , describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and the average number of hours devoted to regulatory compliance, based on the survey and analysis conducted under subsection (b); and (B) subject to the requirements of subchapter III of chapter 35 of title 44, United States Code, make the data collected by the Council publicly available on the website of the Department. (2) Contents (A) In general The report under paragraph (1) shall include employment figures and demographic data for— (i) the energy sector of the economy of the United States, including— (I) the electric power generation and fuels sector; and (II) the transmission, storage, and distribution sector; (ii) the energy efficiency sector of the economy of the United States; and (iii) the motor vehicle sector of the economy of the United States. (B) Inclusion With respect to each sector described in subparagraph (A), the report under paragraph (1) shall include employment figures and demographic data sorted by— (i) each technology, subtechnology, and fuel type of those sectors; and (ii) subject to the requirements of the Confidential Information Protection and Statistical Efficiency Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 )— (I) each State; (II) each territory of the United States; (III) the District of Columbia; and (IV) each county (or equivalent jurisdiction) in the United States. 5404. Assisting Federal Facilities with Energy Conservation Technologies grant program There is authorized to be appropriated to the Secretary to provide grants authorized under section 546(b) of the National Energy Conservation Policy Act ( 42 U.S.C. 8256(b) ), $250,000,000 for fiscal year 2022, to remain available until expended. 5405. Rebates There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 and 2023— (1) $10,000,000 for the extended product system rebate program authorized under section 1005 of the Energy Act of 2020 ( 42 U.S.C. 6311 note; Public Law 116–260 ); and (2) $10,000,000 for the energy efficient transformer rebate program authorized under section 1006 of the Energy Act of 2020 ( 42 U.S.C. 6317 note; Public Law 116–260 ). 5406. Model guidance for combined heat and power systems and waste heat to power systems (a) Definitions In this section: (1) Additional services The term additional services means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility. (2) Waste heat to power system The term waste heat to power system means a system that generates electricity through the recovery of waste energy. (3) Other terms (A) Purpa The terms electric consumer , electric utility , interconnection service , nonregulated electric utility , and State regulatory authority have the meanings given those terms in the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ), within the meaning of title I of that Act ( 16 U.S.C. 2611 et seq. ). (B) Epca The terms combined heat and power system and waste energy have the meanings given those terms in section 371 of the Energy Policy and Conservation Act ( 42 U.S.C. 6341 ). (b) Review (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems. (2) Inclusion The review under this subsection shall include a review of existing rules and procedures relating to— (A) determining and assigning costs of interconnection service and additional services; and (B) ensuring adequate cost recovery by an electric utility for interconnection service and additional services. (c) Model guidance (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1). (2) Current best practices The model guidance issued under this subsection shall reflect, to the maximum extent practicable, current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect, including— (A) relevant current standards developed by the Institute of Electrical and Electronic Engineers; and (B) model codes and rules adopted by— (i) States; or (ii) associations of State regulatory agencies. (3) Factors for consideration In establishing the model guidance under this subsection, the Secretary shall take into consideration— (A) the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics; (B) the appropriateness of establishing fast-track procedures for interconnection service; (C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of the date of enactment of this Act; (D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services; (E) the appropriate duration, magnitude, or usage of demand charge ratchets; (F) potential alternative arrangements with respect to the procurement of additional services, including— (i) contracts tailored to individual electric consumers for additional services; (ii) procurement of additional services by an electric utility from a competitive market; and (iii) waivers of fees or rates for additional services for small electric consumers; and (G) outcomes such as increased electric reliability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems. VI Methane reduction infrastructure 6001. Orphaned well site plugging, remediation, and restoration Section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ) is amended to read as follows: 349. Orphaned well site plugging, remediation, and restoration (a) Definitions In this section: (1) Federal land The term Federal land means land administered by a land management agency within— (A) the Department of Agriculture; or (B) the Department of the Interior. (2) Idled well The term idled well means a well— (A) that has been nonoperational for not fewer than 4 years; and (B) for which there is no anticipated beneficial future use. (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) Operator The term operator , with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation. (5) Orphaned well The term orphaned well — (A) with respect to Federal land or Tribal land, means a well— (i) (I) that is not used for an authorized purpose, such as production, injection, or monitoring; and (II) (aa) for which no operator can be located; (bb) the operator of which is unable— (AA) to plug the well; and (BB) to remediate and reclaim the well site; or (cc) that is within the National Petroleum Reserve–Alaska; and (B) with respect to State or private land— (i) has the meaning given the term by the applicable State; or (ii) if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State. (6) Tribal land The term Tribal land means any land or interest in land owned by an Indian Tribe, the title to which is— (A) held in trust by the United States; or (B) subject to a restriction against alienation under Federal law. (b) Federal program (1) Establishment Not later than 60 days after the date of enactment of the Energy Infrastructure Act, the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land. (2) Included activities The program under this subsection shall— (A) include a method of— (i) identifying, characterizing, and inventorying orphaned wells and associated pipelines, facilities, and infrastructure on Federal land; and (ii) ranking those orphaned wells for priority in plugging, remediation, and reclamation, based on— (I) public health and safety; (II) potential environmental harm; and (III) other subsurface impacts or land use priorities; (B) distribute funding in accordance with the priorities established under subparagraph (A)(ii) for— (i) plugging orphaned wells; (ii) remediating and reclaiming well pads and facilities associated with orphaned wells; (iii) remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure; and (iv) remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines, facilities, and infrastructure; (C) provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well; (D) seek to determine the identities of potentially responsible parties associated with the orphaned well (or a surety or guarantor of such a party), to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable; (E) measure or estimate and track— (i) emissions of methane and other gases associated with orphaned wells; and (ii) contamination of groundwater or surface water associated with orphaned wells; and (F) identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities. (3) Idled wells The Secretary, acting through the Director of the Bureau of Land Management, shall— (A) periodically review all idled wells on Federal land; and (B) reduce the inventory of idled wells on Federal land. (4) Cooperation and consultation In carrying out the program under this subsection, the Secretary shall— (A) work cooperatively with— (i) the Secretary of Agriculture; (ii) affected Indian Tribes; and (iii) each State within which Federal land is located; and (B) consult with— (i) the Secretary of Energy; and (ii) the Interstate Oil and Gas Compact Commission. (c) Funding for state programs (1) In general The Secretary shall provide to States, in accordance with this subsection— (A) initial grants under paragraph (3); (B) formula grants under paragraph (4); and (C) performance grants under paragraph (5). (2) Activities (A) In general A State may use funding provided under this subsection for any of the following purposes: (i) To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land. (ii) To identify and characterize undocumented orphaned wells on State and private land. (iii) To rank orphaned wells based on factors including— (I) public health and safety; (II) potential environmental harm; and (III) other land use priorities. (iv) To make information regarding the use of funds received under this subsection available on a public website. (v) To measure and track— (I) emissions of methane and other gases associated with orphaned wells; and (II) contamination of groundwater or surface water associated with orphaned wells. (vi) To remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure. (vii) To remediate land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure. (viii) To identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities. (ix) Subject to subparagraph (B), to administer a program to carry out any activities described in clauses (i) through (viii). (B) Administrative cost limitation (i) In general Except as provided in clause (ii), a State shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(ix). (ii) Exception The limitation under clause (i) shall not apply to funds used by a State as described in paragraph (3)(A)(ii). (3) Initial grants (A) In general Subject to the availability of appropriations, the Secretary shall distribute— (i) not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after the date of enactment of Energy Infrastructure Act, a request for funding under this clause, including— (I) an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and (II) a certification that— (aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission; (bb) there are 1 or more documented orphaned wells located in the State; and (cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and (ii) not more than $5,000,000 to each State that— (I) requests funding under this clause; (II) does not receive a grant under clause (i); and (III) certifies to the Secretary that— (aa) the State— (AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or (BB) the capacity to initiate such a program; or (bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5). (B) Distribution Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable. (C) Deadline for expenditure A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 1 year after the date of receipt of the funds. (D) Report Not later than 15 months after the date on which a State receives funds under this paragraph, the State shall submit to the Secretary a report that describes the means by which the State used the funds in accordance with the certification submitted by the State under subparagraph (A). (4) Formula grants (A) Establishment (i) In general The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph. (ii) Description of states A State referred to in clause (i) is a State that, by not later than 45 days after the date of enactment of the Energy Infrastructure Act, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State. (iii) Factors The formula established under clause (i) shall account for, with respect to an applicant State, the following factors: (I) Job losses in the oil and gas industry in the State during the period— (aa) beginning on March 1, 2020; and (bb) ending on the date of enactment of the Energy Infrastructure Act. (II) The number of documented orphaned wells located in the State, and the projected cost— (aa) to plug or reclaim those orphaned wells; (bb) to reclaim adjacent land; and (cc) to decommission or remove associated pipelines, facilities, and infrastructure. (iv) Publication Not later than 75 days after the date of enactment of the Energy Infrastructure Act, the Secretary shall publish on a public website the amount that each State is eligible to receive under the formula under this subparagraph. (B) Application To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes— (i) a description of— (I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the State to carry out proposed activities using the grant; (II) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and (III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website; (ii) an estimate of— (I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed; (II) the projected cost of— (aa) plugging, remediating, or reclaiming orphaned wells; (bb) remediating or reclaiming adjacent land; and (cc) decommissioning or removing associated pipelines, facilities, and infrastructure; (III) the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land; (IV) the number of jobs that will be created or saved through the activities to be funded under this paragraph; and (V) the amount of funds to be spent on administrative costs; (iii) a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and (iv) the definitions and processes used by the State to formally identify a well as— (I) an orphaned well; or (II) if the State uses different terminology, otherwise eligible for plugging, remediation, and reclamation by the State. (C) Distribution Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). (D) Deadline for expenditure A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds. (E) Consultation In making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with— (i) the Administrator of the Environmental Protection Agency; (ii) the Secretary of Energy; and (iii) the Interstate Oil and Gas Compact Commission. (5) Performance grants (A) Establishment The Secretary shall provide to States, in accordance with this paragraph— (i) regulatory improvement grants under subparagraph (E); and (ii) matching grants under subparagraph (F). (B) Application To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including— (i) each element described in an application for a grant under paragraph (4)(B); (ii) activities carried out by the State to address orphaned wells located in the State, including— (I) increasing State spending on well plugging, remediation, and reclamation; or (II) improving regulation of oil and gas wells; and (iii) the means by which the State will use funds provided under this paragraph— (I) to lower unemployment in the State; and (II) to improve economic conditions in economically distressed areas of the State. (C) Distribution Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). (D) Consultation In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with— (i) the Administrator of the Environmental Protection Agency; (ii) the Secretary of Energy; and (iii) the Interstate Oil and Gas Compact Commission. (E) Regulatory improvement grants (i) In general Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria: (I) The State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment. (II) The State has made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment. (ii) Limitations (I) Number The Secretary may issue to a State under this subparagraph not more than 1 grant for each criterion described in subclause (I) or (II) of clause (i). (II) Maximum amount The amount of a single grant provided to a State under this subparagraph shall be not more than $20,000,000. (iii) Reimbursement for failure to maintain protections A State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i). (F) Matching grants (i) In general Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between— (I) the average annual amount expended by the State during the period of fiscal years 2010 through 2019— (aa) to plug, remediate, and reclaim orphaned wells; and (bb) to decommission or remove associated pipelines, facilities, or infrastructure; and (II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph— (aa) to plug, remediate, and reclaim orphaned wells; (bb) to remediate or reclaim adjacent land; and (cc) to decommission or remove associated pipelines, facilities, and infrastructure. (ii) Limitations (I) Fiscal year The Secretary may issue to a State under this subparagraph not more than 1 grant for each fiscal year. (II) Total funds provided The Secretary may provide to a State under this subparagraph a total amount equal to not more than $30,000,000 during the period of fiscal years 2022 through 2031. (d) Tribal orphaned well site plugging, remediation, and restoration (1) Establishment The Secretary shall establish a program under which the Secretary shall— (A) provide to Indian Tribes grants in accordance with this subsection; or (B) on request of an Indian Tribe and in lieu of a grant under subparagraph (A), administer and carry out plugging, remediation, and reclamation activities in accordance with paragraph (7). (2) Eligible activities (A) In general An Indian Tribe may use a grant received under this subsection— (i) to plug, remediate, or reclaim an orphaned well on Tribal land; (ii) to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines, facilities, or infrastructure on Tribal land; (iii) to remediate Tribal land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure; (iv) to provide an online public accounting of the cost of plugging, remediation, and reclamation for each orphaned well site on Tribal land; (v) to identify and characterize undocumented orphaned wells on Tribal land; and (vi) to develop or administer a Tribal program to carry out any activities described in clauses (i) through (v). (B) Administrative cost limitation (i) In general Except as provided in clause (ii), an Indian Tribe shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(vi). (ii) Exception The limitation under clause (i) shall not apply to any funds used to carry out an administrative action necessary for the development of a Tribal program described in subparagraph (A)(vi). (3) Factors for consideration In determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration— (A) the unemployment rate of the Indian Tribe on the date on which the Indian Tribe submits an application under paragraph (4); and (B) the estimated number of orphaned wells on the Tribal land of the Indian Tribe. (4) Application To be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes— (A) a description of— (i) the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian Tribe to carry out the proposed activities, or plans to develop such a program; and (ii) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and (B) an estimate of— (i) the number of orphaned wells that will be plugged, remediated, or reclaimed; and (ii) the projected cost of— (I) plugging, remediating, or reclaiming orphaned wells; (II) remediating or reclaiming adjacent land; and (III) decommissioning or removing associated pipelines, facilities, and infrastructure. (5) Distribution Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4). (6) Deadline for expenditure An Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation. (7) Delegation to secretary in lieu of a grant (A) In general In lieu of a grant under this subsection, an Indian Tribe may submit to the Secretary a request for the Secretary to administer and carry out plugging, remediation, and reclamation activities relating to an orphaned well on behalf of the Indian Tribe. (B) Administration Subject to the availability of appropriations under subsection (h)(1)(E), on submission of a request under subparagraph (A), the Secretary shall administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land. (e) Technical assistance The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation. (f) Report to congress Not later than 1 year after the date of enactment of the Energy Infrastructure Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report describing the program established and grants awarded under this section, including— (1) an updated inventory of wells located on Federal land, Tribal land, and State and private land that are— (A) orphaned wells; or (B) at risk of becoming orphaned wells; (2) an estimate of the quantities of— (A) methane and other gasses emitted from orphaned wells; and (B) emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells; (3) the number of jobs created and saved through the plugging, remediation, and reclamation of orphaned wells; and (4) the acreage of habitat restored using grants awarded to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description of the purposes for which that land is likely to be used in the future. (g) Effect of section (1) No expansion of liability Nothing in this section establishes or expands the responsibility or liability of any entity with respect to— (A) plugging any well; or (B) remediating or reclaiming any well site. (2) Tribal land Nothing in this section— (A) relieves the Secretary of any obligation under section 3 of the Act of May 11, 1938 ( 25 U.S.C. 396c ; 52 Stat. 348, chapter 198), to plug, remediate, or reclaim an orphaned well located on Tribal land; or (B) absolves the United States from a responsibility to plug, remediate, or reclaim an orphaned well located on Tribal land or any other responsibility to an Indian Tribe, including any responsibility that derives from— (i) the trust relationship between the United States and Indian Tribes; (ii) any treaty, law, or Executive order; or (iii) any agreement between the United States and an Indian Tribe. (3) Owner or operator not absolved Nothing in this section absolves the owner or operator of an oil or gas well of any potential liability for— (A) reimbursement of any plugging or reclamation costs associated with the well; or (B) any adverse effect of the well on the environment. (h) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022, to remain available until September 30, 2030: (1) to the Secretary— (A) $250,000,000 to carry out the program under subsection (b); (B) $775,000,000 to provide grants under subsection (c)(3); (C) $2,000,000,000 to provide grants under subsection (c)(4); (D) $1,500,000,000 to provide grants under subsection (c)(5); and (E) $150,000,000 to carry out the program under subsection (d); (2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in— (A) identifying and characterizing undocumented orphaned wells; and (B) mitigating the environmental risks of undocumented orphaned wells; and (3) to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this section. . VII Abandoned mine land reclamation 7001. Abandoned Mine Reclamation Fund authorization of appropriations (a) In general There is authorized to be appropriated, for deposit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(a) ) $11,293,000,000 for fiscal year 2022, to remain available until expended. (b) Use of funds (1) In general Subject to subsection (g), amounts made available under subsection (a) shall be used to provide, as expeditiously as practicable, to States and Indian Tribes described in paragraph (2) annual grants for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ). (2) Eligible grant recipients Grants may be made under paragraph (1) to— (A) States and Indian Tribes that have a State or Tribal program approved under section 405 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1235 ); (B) States and Indian Tribes that are certified under section 411(a) of that Act ( 30 U.S.C. 1240a(a) ); and (C) States and Indian Tribes that are referred to in section 402(g)(8)(B) of that Act ( 30 U.S.C. 1232(g)(8)(B) ). (3) Contract aggregation In applying for grants under paragraph (1), States and Indian Tribes may aggregate bids into larger statewide or regional contracts. (c) Covered activities Grants under subsection (b)(1) shall only be used for activities described in subsections (a) and (b) of section 403 and section 410 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233 , 1240). (d) Allocation (1) In general Subject to subsection (e), the Secretary of the Interior shall allocate and distribute amounts made available for grants under subsection (b)(1) to States and Indian Tribes on an equal annual basis over a 15-year period beginning on the date of enactment of this Act, based on the number of tons of coal historically produced in the States or from the applicable Indian land before August 3, 1977, regardless of whether the State or Indian Tribe is certified under section 411(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1240a(a) ). (2) Surface mining control and reclamation Act exception Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(f)(3)(B) ) shall not apply to grant funds distributed under subsection (b)(1). (3) Report to Congress on allocations (A) In general Not later than 6 years after the date on which the first allocation to States and Indian Tribes is made under paragraph (1), the Secretary of the Interior shall submit to Congress a report that describes any progress made under this section in addressing outstanding reclamation needs under subsection (a) or (b) of section 403 or section 410 of the Surface Mining Control and Reclamation and Act of 1977 ( 30 U.S.C. 1233 , 1240). (B) Input The Secretary of the Interior shall— (i) prior to submitting the report under subparagraph (A), solicit the input of the States and Indian Tribes regarding the progress referred to in that subparagraph; and (ii) include in the report submitted to Congress under that subparagraph a description of any input received under clause (i). (4) Redistribution of funds (A) Evaluation Not later than 20 years after the date of enactment of this Act, the Secretary of the Interior shall evaluate grant payments to States and Indian Tribes made under this section. (B) Unused funds On completion of the evaluation under subparagraph (A), States and Indian Tribes shall return any unused funds under this section to the Abandoned Mine Reclamation Fund. (e) Total amount of grant The total amount of grant funding provided under subsection (b)(1) to an eligible State or Indian Tribe shall be not less than $20,000,000, to the extent that the amount needed for reclamation projects described in that subsection on the land of the State or Indian Tribe is not less than $20,000,000. (f) Priority In addition to the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(a) ), in providing grants under this section, priority may also be given to reclamation projects described in subsection (b)(1) that provide employment for current and former employees of the coal industry. (g) Reservation Of the funds made available under subsection (a), $25,000,000 shall be made available to the Secretary of the Interior to provide States and Indian Tribes with the financial and technical assistance necessary for the purpose of making amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(c) ). 7002. Abandoned mine reclamation fee (a) Amount Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(a) ) is amended— (1) by striking 28 cents and inserting 22.4 cents ; (2) by striking 12 cents and inserting 9.6 cents ; and (3) by striking 8 cents and inserting 6.4 cents . (b) Duration Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(b) ) is amended by striking September 30, 2021 and inserting September 30, 2034 . 7003. Amounts distributed from Abandoned Mine Reclamation Fund Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231(f)(2) ) is amended— (1) in subparagraph (A)— (A) in the subparagraph heading, by striking 2022 and inserting 2035 ; and (B) in the matter preceding clause (i), by striking 2022 and inserting 2035 ; and (2) in subparagraph (B)— (A) in the subparagraph heading, by striking 2023 and inserting 2036 ; (B) by striking 2023 and inserting 2036 ; and (C) by striking 2022 and inserting 2035 . 7004. Abandoned hardrock mine reclamation (a) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior (referred to in this section as the Secretary ) shall establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities. (b) Award of grants Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land. (c) Eligibility Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following: (1) Land and water resources that were— (A) used for, or affected by, hardrock mining activities; and (B) abandoned or left in an inadequate reclamation status before the date of enactment of this Act. (2) Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law. (d) Eligible activities (1) In general Amounts made available to carry out this section shall be used for the purposes described in subsection (a). (2) Exclusion Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) agreed to in a legal settlement or imposed by a court, whether for payment of funds or for work to be performed. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended, of which— (A) 50 percent shall be for grants to States and Indian Tribes under subsection (b) for eligible activities described in subsection (d)(1); and (B) 50 percent shall be for available to the Secretary for eligible activities described in subsection (d)(1) on Federal land. (2) Transfer The Secretary may transfer amounts made available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a) on National Forest System land. VIII Natural resources-related infrastructure, wildfire management, and ecosystem restoration 8001. Forest Service Legacy Road and Trail Remediation Program (a) Establishment Public Law 88–657 ( 16 U.S.C. 532 et seq. ) (commonly known as the Forest Roads and Trails Act ) is amended by adding at the end the following: 8. Forest Service Legacy Road and Trail Remediation Program (a) Establishment The Secretary shall establish the Forest Service Legacy Road and Trail Remediation Program (referred to in this section as the Program ). (b) Activities In carrying out the Program, the Secretary shall, taking into account foreseeable changes in weather and hydrology— (1) restore passages for fish and other aquatic species by— (A) improving, repairing, or replacing culverts and other infrastructure; and (B) removing barriers, as the Secretary determines appropriate, from the passages; (2) decommission unauthorized user-created roads and trails that are not a National Forest System road or a National Forest System trail, if the applicable unit of the National Forest System has published— (A) a Motor Vehicle Use Map and the road is not identified as a National Forest System road on that Motor Vehicle Use Map; or (B) a map depicting the authorized trails in the applicable unit of the National Forest System and the trail is not identified as a National Forest System trail on that map; (3) prepare previously closed National Forest System roads for long-term storage, in accordance with subsections (c)(1) and (d), in a manner that— (A) prevents motor vehicle use, as appropriate to conform to route designations; (B) prevents the roads from damaging adjacent resources, including aquatic and wildlife resources; (C) reduces or eliminates the need for road maintenance; and (D) preserves the roads for future use; (4) decommission previously closed National Forest System roads and trails in accordance with subsections (c)(1) and (d); (5) relocate National Forest System roads and trails— (A) to increase resilience to extreme weather events, flooding, and other natural disasters; and (B) to respond to changing resource conditions and public input; (6) convert National Forest System roads to National Forest System trails, while allowing for continued use for motorized and nonmotorized recreation, to the extent the use is compatible with the management status of the road or trail; (7) decommission temporary roads— (A) that were constructed before the date of enactment of this section— (i) for emergency operations; or (ii) to facilitate a resource extraction project; (B) that were designated as a temporary road by the Secretary; and (C) (i) in violation of section 10(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1608(b) ), on which vegetation cover has not been reestablished; or (ii) that have not been fully decommissioned; and (8) carry out projects on National Forest System roads, trails, and bridges to improve resilience to extreme weather events, flooding, or other natural disasters. (c) Project selection (1) Project eligibility (A) In general The Secretary may only fund under the Program a project described in paragraph (3) or (4) of subsection (b) if the Secretary previously and separately— (i) solicited public comment for changing the management status of the applicable National Forest System road or trail— (I) to close the road or trail to access; and (II) to minimize impacts to natural resources; and (ii) has closed the road or trail to access as described in clause (i)(I). (B) Requirement Each project carried out under the Program shall be on a National Forest System road or trail, except with respect to— (i) a project described in subsection (b)(2); or (ii) a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 1011a ). (2) Annual selection of projects for funding The Secretary shall— (A) establish a process for annually selecting projects for funding under the Program, consistent with the requirements of this section; (B) solicit and consider public input regionally in the ranking of projects for funding under the Program; (C) give priority for funding under the Program to projects that would— (i) protect or improve water quality in public drinking water source areas; (ii) restore the habitat of a threatened, endangered, or sensitive fish or wildlife species; or (iii) maintain future access to the adjacent area for the public, contractors, permittees, or firefighters; and (D) publish on the website of the Forest Service— (i) the selection process established under subparagraph (A); and (ii) a list that includes a description and the proposed outcome of each project funded under the Program in each fiscal year. (d) Implementation In implementing the Program, the Secretary shall ensure that— (1) the system of roads and trails on the applicable unit of the National Forest System— (A) is adequate to meet any increasing demands for timber, recreation, and other uses; (B) provides for intensive use, protection, development, and management of the land under principles of multiple use and sustained yield of products and services; (C) does not damage, degrade, or impair adjacent resources, including aquatic and wildlife resources, to the extent practicable; (D) reflects long-term funding expectations; and (E) is adequate for supporting emergency operations, such as evacuation routes during wildfires, floods, and other natural disasters; and (2) all projects funded under the Program are consistent with any applicable forest plan or travel management plan. (e) Savings clause A decision to fund a project under the Program shall not affect any determination made previously or to be made in the future by the Secretary with regard to road or trail closures. . (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out section 8 of Public Law 88–657 (commonly known as the Forest Roads and Trails Act ) $250,000,000 for the period of fiscal years 2022 through 2026. 8002. Study and report on feasibility of revegetating reclaimed mine sites (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Office of Surface Mining Reclamation and Enforcement, shall conduct, and submit to Congress a report describing the results of, a study on the feasibility of revegetating reclaimed mined sites. (b) Inclusions The report submitted under subsection (a) shall include— (1) recommendations for how a program could be implemented through the Office of Surface Mining Reclamation and Enforcement to revegetate reclaimed mined sites; (2) identifications of reclaimed mine sites that would be suitable for inclusion in such a program, including sites on land that— (A) is subject to title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq. ); and (B) is not subject to that title; (3) a description of any barriers to implementation of such a program, including whether the program would potentially interfere with the authorities contained in, or the implementation of, the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ), including the Abandoned Mine Reclamation Fund created by section 401 of that Act ( 30 U.S.C. 1231 ) and State reclamation programs under section 405 of that Act ( 30 U.S.C. 1235 ); and (4) a description of the potential for job creation and workforce needs if such a program was implemented. 8003. Wildfire risk reduction (a) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (c), $3,369,200,000 for the period of fiscal years 2022 through 2026. (b) Treatment Of the Federal land or Indian forest land or rangeland that has been identified as having a very high wildfire hazard potential, the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, by not later than September 30, 2027, conduct restoration treatments and improve the Fire Regime Condition Class of 10,000,000 acres that are located in— (1) the wildland-urban interface; or (2) a public drinking water source area. (c) Activities Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026— (1) $20,000,000 shall be made available for entering into an agreement with the Administrator of the National Oceanic and Atmospheric Administration to establish and operate a program that makes use of the Geostationary Operational Environmental Satellite Program to rapidly detect and report wildfire starts in all areas in which the Secretary of the Interior or the Secretary of Agriculture has financial responsibility for wildland fire protection and prevention, of which— (A) $10,000,000 shall be made available to the Secretary of the Interior; and (B) $10,000,000 shall be made available to the Secretary of Agriculture; (2) $600,000,000 shall be made available for the salaries and expenses of Federal wildland firefighters in accordance with subsection (d), of which— (A) $120,000,000 shall be made available to the Secretary of the Interior; and (B) $480,000,000 shall be made available to the Secretary of Agriculture; (3) $10,000,000 shall be made available to the Secretary of the Interior to acquire technology and infrastructure for each Type I and Type II incident management team to maintain interoperability with respect to the radio frequencies used by any responding agency; (4) $30,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to States, Indian Tribes, and units of local government to establish and operate Reverse-911 telecommunication systems; (5) $50,000,000 shall be made available to the Secretary of the Interior to establish and implement a pilot program to provide to local governments financial assistance for the acquisition of slip-on tanker units to establish fleets of vehicles that can be quickly converted to be operated as fire engines; (6) $1,200,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to develop and publish, not later than 180 days after the date of enactment of this Act, and every 5 years thereafter, a map depicting at-risk communities (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )), including Tribal at-risk communities; (7) $100,000,000 shall be made available to the Secretary of the Interior and the Secretary of Agriculture— (A) for— (i) preplanning fire response workshops that develop— (I) potential operational delineations; and (II) select potential control locations; and (ii) workforce training for staff, non-Federal firefighters, and Native village fire crews for— (I) wildland firefighting; and (II) increasing the pace and scale of vegetation treatments, including training on how to prepare and implement large landscape treatments; and (B) of which— (i) $50,000,000 shall be made available to the Secretary of the Interior; and (ii) $50,000,000 shall be made available to the Secretary of Agriculture; (8) $20,000,000 shall be made available to the Secretary of Agriculture to enter into an agreement with a Southwest Ecological Restoration Institute established under the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6701 et seq. )— (A) to compile and display existing data, including geographic data, for hazardous fuel reduction or wildfire prevention treatments undertaken by the Secretary of the Interior or the Secretary of Agriculture, including treatments undertaken with funding provided under this title; (B) to compile and display existing data, including geographic data, for large wildfires, as defined by the National Wildfire Coordinating Group, that occur in the United States; (C) to facilitate coordination and use of existing and future interagency fuel treatment data, including geographic data, for the purposes of— (i) assessing and planning cross-boundary fuel treatments; and (ii) monitoring the effects of treatments on wildfire outcomes and ecosystem restoration services, using the data compiled under subparagraphs (A) and (B); (D) to publish a report every 5 years showing the extent to which treatments described in subparagraph (A) and previous wildfires affect the boundaries of wildfires, categorized by— (i) Federal land management agency; (ii) region of the United States; and (iii) treatment type; and (E) to carry out other related activities of a Southwest Ecological Restoration Institute, as authorized by the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6701 et seq. ); (9) $20,000,000 shall be available for activities conducted under the Joint Fire Science Program, of which— (A) $10,000,000 shall be made available to the Secretary of the Interior; and (B) $10,000,000 shall be made available to the Secretary of Agriculture; (10) $100,000,000 shall be made available to the Secretary of Agriculture for collaboration and collaboration-based activities, including facilitation, certification of collaboratives, and planning and implementing projects under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 ) in accordance with subsection (e); (11) $500,000,000 shall be made available to the Secretary of the Interior and the Secretary of Agriculture— (A) for— (i) conducting mechanical thinning and timber harvesting in an ecologically appropriate manner that maximizes the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; or (ii) precommercial thinning in young growth stands for wildlife habitat benefits to provide subsistence resources; and (B) of which— (i) $100,000,000 shall be made available to the Secretary of the Interior; and (ii) $400,000,000 shall be made available to the Secretary of Agriculture; (12) $500,000,000 shall be made available to the Secretary of Agriculture, in cooperation with States, to award community wildfire defense grants to at-risk communities in accordance with subsection (f); (13) $500,000,000 shall be made available for planning and conducting prescribed fires and related activities, of which— (A) $250,000,000 shall be made available to the Secretary of the Interior; and (B) $250,000,000 shall be made available to the Secretary of Agriculture; (14) $500,000,000 shall be made available for developing or improving potential control locations, in accordance with paragraph (7)(A)(i)(II), including installing fuelbreaks (including fuelbreaks studied under subsection (i)), with a focus on shaded fuelbreaks when ecologically appropriate, of which— (A) $250,000,000 shall be made available to the Secretary of the Interior; and (B) $250,000,000 shall be made available to the Secretary of Agriculture; (15) $200,000,000 shall be made available for contracting or employing crews of laborers to modify and remove flammable vegetation on Federal land and for using materials from treatments, to the extent practicable, to produce biochar and other innovative wood products, including through the use of existing locally based organizations that engage young adults, Native youth, and veterans in service projects, such as youth and conservation corps, of which— (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (16) $200,000,000 shall be made available for post-fire restoration activities that are implemented not later than 3 years after the date that a wildland fire is contained, of which— (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (17) $8,000,000 shall be made available to the Secretary of Agriculture— (A) to provide feedstock to firewood banks; and (B) to provide financial assistance for the operation of firewood banks; and (18) $10,000,000 shall be available to the Secretary of the Interior and the Secretary of Agriculture for the procurement and placement of wildfire detection and real-time monitoring equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire or post-burned areas. (d) Wildland firefighters (1) In general Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall, using the amounts made available under subsection (c)(2), coordinate with the Director of the Office of Personnel Management to develop a distinct wildland firefighter occupational series. (2) Hazardous duty differential not affected Section 5545(d)(1) of title 5, United States Code, is amended by striking except and all that follows through and at the end and inserting the following: “except— (A) an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and (B) in such other circumstances as the Office may by regulation prescribe; and . (3) Current employees Any individual employed as a wildland firefighter on the date on which the occupational series established under paragraph (1) takes effect may elect— (A) to remain in the occupational series in which the individual is employed; or (B) to be included in the wildland firefighter occupational series established under that paragraph. (4) Permanent employees; increase in salary Using the amounts made available under subsection (c)(2), beginning October 1, 2021, the Secretary of the Interior and the Secretary of Agriculture shall— (A) seek to convert not fewer than 1,000 seasonal wildland firefighters to wildland firefighters that— (i) are full-time, permanent, year-round Federal employees; and (ii) reduce hazardous fuels on Federal land not fewer than 800 hours per year; and (B) increase the base salary of a Federal wildland firefighter by the lesser of an amount that is commensurate with an increase of $20,000 per year or an amount equal to 50 percent of the base salary, if the Secretary concerned, in coordination with the Director of the Office of Personnel Management, makes a written determination that the position of the Federal wildland firefighter is located within a specified geographic area in which it is difficult to recruit or retain a Federal wildland firefighter. (5) National wildfire coordinating group Using the amounts made available under subsection (c)(2), not later than October 1, 2022, the Secretary of the Interior and the Secretary of Agriculture shall— (A) develop and adhere to recommendations for mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards; and (B) establish programs for permanent, temporary, seasonal, and year-round wildland firefighters to recognize and address mental health needs, including post-traumatic stress disorder care. (e) Collaborative forest landscape restoration program Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, using the amounts made available under subsection (c)(10)— (1) solicit new project proposals under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 ) (referred to in this subsection as the Program ); (2) provide up to 5 years of additional funding of any proposal originally selected for funding under the Program prior to September 30, 2018— (A) that has been approved for an extension of funding by the Secretary of Agriculture prior to the date of enactment of this Act; or (B) that has been recommended for an extension of funding by the advisory panel established under section 4003(e) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(e) ) prior to the date of enactment of this Act that the Secretary of Agriculture subsequently approves; and (3) select project proposals for funding under the Program in a manner that— (A) gives priority to a project proposal that will treat acres that— (i) have been identified as having very high wildfire hazard potential; and (ii) are located in— (I) the wildland-urban interface; or (II) a public drinking water source area; (B) takes into consideration— (i) the cost per acre of Federal land or Indian forest land or rangeland acres described in subparagraph (A) to be treated; and (ii) the number of acres described in subparagraph (A) to be treated; (C) gives priority to a project proposal that is proposed by a collaborative that has successfully accomplished treatments consistent with a written plan that included a proposed schedule of completing those treatments, which is not limited to an earlier proposal funded under the Program; and (D) discontinues funding for a project that fails to achieve the results included in a project proposal submitted under paragraph (1) for more than 2 consecutive years. (f) Community wildfire defense grant program (1) Establishment Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, using amounts made available under subsection (c)(12), establish a program, which shall be separate from the program established under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), under which the Secretary of Agriculture, in cooperation with the States, shall award grants to at-risk communities, including Indian Tribes— (A) to develop or revise a community wildfire protection plan; and (B) to carry out projects described in a community wildfire protection plan that is not more than 10 years old. (2) Priority In awarding grants under the program described in paragraph (1), the Secretary of Agriculture shall give priority to an at-risk community that is— (A) in an area identified by the Secretary of Agriculture as having high or very high wildfire hazard potential; (B) a low-income community; or (C) a community impacted by a severe disaster. (3) Community wildfire defense grants (A) Grant amounts A grant— (i) awarded under paragraph (1)(A) shall be for not more than $250,000; and (ii) awarded under paragraph (1)(B) shall be for not more than $10,000,000. (B) Cost sharing requirement (i) In general Expect as provided in clause (ii), the non-Federal cost (including the administrative cost) of carrying out a project using funds from a grant awarded under the program described in paragraph (1) shall be— (I) not less than 10 percent for a grant awarded under paragraph (1)(A); and (II) not less than 25 percent for a grant awarded under paragraph (1)(B). (ii) Waiver The Secretary of Agriculture may waive the cost-sharing requirement under clause (i) for a project that serves an underserved community. (C) Eligibility The Secretary of Agriculture shall not award a grant under paragraph (1) to an at-risk community that is located in a county or community that— (i) is located in the continental United States; and (ii) has not adopted an ordinance or regulation that requires the construction of new roofs on buildings to adhere to standards that are similar to, or more stringent than— (I) the roof construction standards established by the National Fire Protection Association; or (II) an applicable model building code established by the International Code Council. (g) Priorities In carrying out projects using amounts made available under this section, the Secretary of the Interior or the Secretary of Agriculture, acting through the Chief of the Forest Service, as applicable, shall prioritize funding for projects— (1) for which any applicable processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) have been completed on the date of enactment of this Act; (2) that reduce the likelihood of experiencing uncharacteristically severe effects from a potential wildfire by focusing on areas strategically important for reducing the risks associated with wildfires; (3) that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; (4) that do not include the establishment of permanent roads; (5) for which funding would be committed to decommission all temporary roads constructed to carry out the project; and (6) that fully maintain or contribute toward the restoration of the structure and composition of old growth stands consistent with the characteristics of that forest type, taking into account the contribution of the old growth stand to landscape fire adaption and watershed health, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary concerned that meets applicable protection and old growth enhancement objectives, as determined by the Secretary concerned. (h) Reports The Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall complete and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report describing the number of acres of land on which projects carried out using funds made available under this section improved the Fire Regime Condition Class of the land described in subsection (b). (i) Wildfire prevention study (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall initiate a study of the construction and maintenance of a system of strategically placed fuelbreaks to control wildfires in western States. (2) Review The study under paragraph (1) shall review— (A) a full suite of manual, chemical, and mechanical treatments; and (B) the effectiveness of the system described in that paragraph in reducing wildfire risk and protecting communities. (3) Determination Not later than 90 days after the date of completion of the study under paragraph (1), the Secretary of Agriculture shall determine whether to initiate the preparation of a programmatic environmental impact statement implementing the system described in that paragraph in appropriate locations. (j) Monitoring, maintenance, and treatment plan and strategy (1) In general Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish a 5-year monitoring, maintenance, and treatment plan that— (A) describes activities under subsection (c) that the Secretary of Agriculture and the Secretary of the Interior will take to reduce the risk of wildfire by conducting restoration treatments and improving the Fire Regime Condition Class of 10,000,000 acres of Federal land or Tribal Forest land or rangeland that is identified as having very high wildfire hazard potential, not including annual treatments otherwise scheduled; (B) establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires; (C) includes an innovative plan and process— (i) to leverage public-private partnerships and resources, shared stewardship agreements, good neighbor agreements, and similar contracting authorities; (ii) to prioritize projects for which any applicable processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) have been completed as of the date of enactment of this Act; (iii) to streamline subsequent projects based on existing statutory or regulatory authorities; and (iv) to develop interagency teams to increase coordination and efficiency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 ); and (D) establishes a process for coordinating prioritization and treatment with State and local entities and affected stakeholders. (2) Strategy Not later than 5 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, in coordination with State and local governments, shall publish a long-term, outcome-based monitoring, maintenance, and treatment strategy— (A) to maintain forest health improvements and wildfire risk reduction accomplished under this section; (B) to continue treatment at levels necessary to address the 20,000,000 acres needing priority treatment over the 10-year period beginning on the date of publication of the strategy; and (C) to proactively conduct treatment at a level necessary to minimize the risk of wildfire to surrounding at-risk communities. (k) Authorized hazardous fuels projects A project carried out using funding authorized under paragraphs (11)(A)(i), (13), or (14) of subsection (c) shall be considered an authorized hazardous fuel reduction project pursuant to section 102 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512 ). 8004. Ecosystem restoration (a) Authorization of appropriations There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (b), $2,130,000,000 for the period of fiscal years 2022 through 2026. (b) Activities Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026— (1) $300,000,000 shall be made available, in accordance with subsection (c), to the Secretary of the Interior and the Secretary of Agriculture— (A) for— (i) entering into contracts, including stewardship contracts or agreements, the purpose of each of which shall be to restore ecological health on not fewer than 10,000 acres of Federal land, including Indian forest land or rangeland, and for salaries and expenses associated with preparing and executing those contracts; and (ii) establishing a Working Capital Fund that may be accessed by the Secretary of the Interior or the Secretary of Agriculture to fund requirements of contracts described in clause (i), including cancellation and termination costs, consistent with section 604(h) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(h) ), and periodic payments over the span of the contract period; and (B) of which— (i) $50,000,000 shall be made available to the Secretary of the Interior to enter into contracts described in subparagraph (A)(i); (ii) $150,000,000 shall be made available to the Secretary of Agriculture to enter into contracts described in subparagraph (A)(i); and (iii) $100,000,000 shall be made available until expended to the Secretary of the Interior, notwithstanding any other provision of this Act, to establish the Working Capital Fund described in subparagraph (A)(ii); (2) $200,000,000 shall be made available to provide to States and Indian Tribes for implementing restoration projects on Federal land pursuant to good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ) or agreements entered into under section 2(b) of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a(b) ), of which— (A) $40,000,000 shall be made available to the Secretary of the Interior; and (B) $160,000,000 shall be made available to the Secretary of Agriculture; (3) $400,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to facilities that purchase and process byproducts from ecosystem restoration projects in accordance with subsection (d); (4) $400,000,000 shall be made available to the Secretary of the Interior to provide grants to States, territories of the United States, and Indian Tribes for implementing voluntary ecosystem restoration projects on private or public land, in consultation with the Secretary of Agriculture, that— (A) prioritizes funding cross-boundary projects; and (B) requires matching funding from the State, territory of the United States, or Indian Tribe to be eligible to receive the funding; (5) $50,000,000 shall be made available to the Secretary of Agriculture to award grants to States and Indian Tribes to establish rental programs for portable skidder bridges, bridge mats, or other temporary water crossing structures, to minimize stream bed disturbance on non-Federal land and Federal land; (6) $200,000,000 shall be made available for invasive species detection, prevention, and eradication, including conducting research and providing resources to facilitate detection of invasive species at points of entry and awarding grants for eradication of invasive species on non-Federal land and on Federal land, of which— (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (7) $100,000,000 shall be made available to restore, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, in accordance with subsection (e); (8) $200,000,000 shall be made available to restore native vegetation and mitigate environmental hazards on mined land on Federal and non-Federal land, of which— (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (9) $200,000,000 shall be made available to establish and implement a national revegetation effort on Federal and non-Federal land, including to implement the National Seed Strategy for Rehabilitation and Restoration, of which— (A) $70,000,000 shall be made available to the Secretary of the Interior; and (B) $130,000,000 shall be made available to the Secretary of Agriculture; and (10) $80,000,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to establish a collaborative-based, landscape-scale restoration program to restore water quality or fish passage on Federal land, including Indian forest land or rangeland, in accordance with subsection (f). (c) Ecological health restoration contracts (1) Submission of list of projects to Congress Until the date on which all of the amounts made available to carry out subsection (b)(1)(A)(i) are expended, not later than 90 days before the end of each fiscal year, the Secretary of the Interior and the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives a list of projects to be funded under that subsection in the subsequent fiscal year, including— (A) a detailed description of each project; and (B) an estimate of the cost, including salaries and expenses, for the project. (2) Alternate allocation Appropriations Acts may provide for alternate allocation of amounts made available under subsection (b)(1), consistent with the allocations under subparagraph (B) of that subsection. (3) Lack of alternate allocations If Congress has not enacted legislation establishing alternate allocations described in paragraph (2) by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (b)(1)(B) shall be allocated by the President. (d) Wood products infrastructure The Secretary of Agriculture, in coordination with the Secretary of the Interior, shall— (1) develop a ranking system that categorizes units of Federal land, including Indian forest land or rangeland, with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation, as being— (A) very low priority for ecological restoration involving vegetation removal; (B) low priority for ecological restoration involving vegetation removal; (C) medium priority for ecological restoration involving vegetation removal; (D) high priority for ecological restoration involving vegetation removal; or (E) very high priority for ecological restoration involving vegetation removal; (2) determine, for a unit identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal, if— (A) a sawmill or other wood-processing facility exists in close proximity to, or a forest worker is seeking to conduct restoration treatment work on or in close proximity to, the unit; and (B) the presence of a sawmill or other wood-processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal; (3) in accordance with any conditions the Secretary of Agriculture determines to be necessary, using the amounts made available under subsection (b)(3), provide financial assistance, including a low-interest loan or a loan guarantee, to an entity seeking to establish, reopen, retrofit, expand, or improve a sawmill or other wood-processing facility in close proximity to a unit of Federal land that has been identified under paragraph (1) as high or very high priority for ecological restoration, if the presence of a sawmill or other wood-processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit of Federal land, including Indian forest land or rangeland, as determined under paragraph (2)(B); and (4) to the extent practicable, when allocating funding to units of Federal land for ecological restoration projects involving vegetation removal, give priority to a unit of Federal land that— (A) has been identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal; and (B) has a sawmill or other wood-processing facility— (i) that, as determined under paragraph (2)— (I) exists in close proximity to the unit; and (II) does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit; or (ii) that has received financial assistance under paragraph (3). (e) Recreation sites (1) Site restoration and improvements Of the amounts made available under subsection (b)(7), $45,000,000 shall be made available to the Secretary of the Interior and $35,000,000 shall be made available the Secretary of Agriculture to restore, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, that have experienced or may likely experience visitation and use beyond the carrying capacity of the sites. (2) Public use recreation cabins (A) In general Of the amounts made available under subsection (b)(7), $20,000,000 shall be made available to the Secretary of Agriculture for— (i) the operation, repair, reconstruction, and construction of public use recreation cabins on National Forest System land; and (ii) to the extent necessary, the repair or reconstruction of historic buildings that are to be outleased under section 306121 of title 54, United States Code. (B) Inclusion Of the amount described in subparagraph (A), $5,000,000 shall be made available to the Secretary of Agriculture for associated salaries and expenses in carrying out that subparagraph. (C) Agreements The Secretary of Agriculture may enter into a lease or cooperative agreement with a State, Indian Tribe, local government, or private entity— (i) to carry out the activities described in subparagraph (A); or (ii) to manage the renting of a cabin or building described in subparagraph (A) to the public. (3) Exclusion A project shall not be eligible for funding under this subsection if— (A) funding for the project would be used for deferred maintenance, as defined by Federal Accounting Standards Advisory Board; and (B) the Secretary of the Interior or the Secretary of Agriculture has identified the project for funding from the National Parks and Public Land Legacy Restoration Fund established by section 200402(a) of title 54, United States Code. (f) Collaborative-based, aquatic-focused, landscape-scale restoration program Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, in coordination with the Secretary of the Interior and using the amounts made available under subsection (b)(10)— (1) solicit collaboratively developed proposals that— (A) are for 5-year projects to restore fish passage or water quality on Federal land and non-Federal land to the extent allowed under section 323(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 1011a(a) ), including Indian forest land or rangeland; (B) contain proposed accomplishments and proposed non-Federal funding; and (C) request not more than $5,000,000 in funding made available under subsection (b)(10); (2) select project proposals for funding in a manner that— (A) gives priority to a project proposal that would result in the most miles of streams being restored for the lowest amount of Federal funding; and (B) discontinues funding for a project that fails to achieve the results included in a proposal submitted under paragraph (1) for more than 2 consecutive years; and (3) publish a list of— (A) all of the priority watersheds on National Forest System land; (B) the condition of each priority watershed on the date of enactment of this Act; and (C) the condition of each priority watershed on the date that is 5 years after the date of enactment of this Act. 8005. GAO study (a) Study Not later than 6 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study on the implementation of this title and the amendments made by this title, including whether this title and the amendments made by this title have— (A) effectively reduced wildfire risk, including the extent to which the wildfire hazard on Federal land has changed; and (B) restored ecosystems on Federal and non-Federal land; and (2) submit to Congress a report that describes the results of the study under paragraph (1). (b) Authorization of appropriations There is authorized to be appropriated to the Comptroller General of the Unites States for the activities described in subsection (a) $800,000. 8006. Establishment of fuel breaks in forests and other wildland vegetation (a) Definition of Secretary concerned In this section, the term Secretary concerned means— (1) the Secretary of Agriculture, with respect to National Forest System land; and (2) the Secretary of the Interior, with respect to public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) administered by the Bureau of Land Management. (b) Categorical exclusion established Forest management activities described in subsection (c) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if the categorical exclusion is documented through a supporting record and decision memorandum. (c) Forest management activities designated for categorical exclusion (1) In general The category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are— (A) up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on Federal land; and (B) intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community. (2) Activities Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (b) are— (A) mowing or masticating; (B) thinning by manual and mechanical cutting; (C) piling, yarding, and removal of slash or hazardous fuels; (D) selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts; (E) targeted grazing; (F) application of— (i) pesticide; (ii) biopesticide; or (iii) herbicide; (G) seeding of native species; (H) controlled burns and broadcast burning; and (I) burning of piles, including jackpot piles. (3) Excluded activities A forest management activity described in paragraph (2) may not be carried out pursuant to the categorical exclusion established under subsection (b) if the activity is conducted— (A) in a component of the National Wilderness Preservation System; (B) on Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation (including the applicable implementation plan), or regulation; (C) in a wilderness study area; or (D) in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan. (4) Extraordinary circumstances The Secretary concerned shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (b). (d) Acreage and location limitations Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)— (1) may not contain treatment units in excess of 3,000 acres; (2) shall be located primarily in— (A) the wildland-urban interface or a public drinking water source area; (B) if located outside the wildland-urban interface or a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or (C) an insect or disease area designated by the Secretary concerned as of the date of enactment of this Act; and (3) shall consider the best available scientific information. (e) Roads (1) Permanent roads A project under this section shall not include the establishment of permanent roads. (2) Existing roads The Secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. (3) Temporary roads The Secretary concerned shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed. (f) Public collaboration To encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project— (1) collaboration among State and local governments and Indian Tribes; and (2) participation of interested persons. 8007. Emergency actions (a) Definitions In this section: (1) Authorized emergency action The term authorized emergency action means an action carried out pursuant to an emergency situation determination to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land. (2) Emergency situation The term emergency situation means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results: (A) Relief from hazards threatening human health and safety. (B) Mitigation of threats to natural resources on National Forest System land or adjacent land. (3) Emergency situation determination The term emergency situation determination means a determination made by the Secretary under subsection (b)(1)(A). (4) Land and resource management plan The term land and resource management plan means a plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (5) National forest system land The term National Forest System land means land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C 1609(a))). (6) Secretary The term Secretary means the Secretary of Agriculture. (b) Authorized emergency actions to respond to emergency situations (1) Determination (A) In general The Secretary may make a determination that an emergency situation exists with respect to National Forest System land. (B) Review An emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part 218 of title 36, Code of Federal Regulations (or successor regulations). (C) Applicability An emergency situation determination shall not be subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or any other applicable law. (2) Authorized emergency actions After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land, including through— (A) the salvage of dead or dying trees; (B) the harvest of trees damaged by wind or ice; (C) the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease; (D) the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species; (E) the removal of hazardous trees in close proximity to roads and trails; (F) the removal of hazardous fuels; (G) the restoration of water sources or infrastructure; (H) the reconstruction of existing utility lines; and (I) the replacement of underground cables. (3) Relation to land and resource management plans To the maximum extent practicable, any authorized emergency action carried out under paragraph (2) shall be conducted consistent with the land and resource management plan. (4) Acreage limitations A treatment area covered by an emergency situation determination on which an authorized emergency action is carried out pursuant to paragraph (2) shall consist of not more than 10,000 acres of National Forest System land. (c) Environmental analysis (1) Environmental assessment or environmental impact statement If the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ), the Secretary shall study, develop, and describe only— (A) the proposed agency action; and (B) the alternative of no action. (2) Public notice The Secretary shall provide notice of each authorized emergency action that the Secretary determines requires an environmental assessment or environmental impact statement under paragraph (1), in accordance with applicable regulations and administrative guidelines. (3) Public comment The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph (1). (4) Savings clause Nothing in this subsection prohibits the Secretary from making an emergency situation determination, including a determination that an emergency exists pursuant to section 218.21(a) or 220.4(b) of title 36, Code of Federal Regulations (or successor regulations), that makes it necessary to take an emergency action before preparing an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Administrative review of authorized emergency actions An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ) and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 ( 16 U.S.C. 6515 note; Public Law 112–74 ). (e) Judicial review of emergency actions (1) In general Section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ) shall apply to an authorized emergency action carried out under this section. (2) Requirement for injunction A court shall not enjoin an authorized emergency action under this section if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits. (f) Notification and guidance The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section. IX Western water infrastructure 9001. Authorizations of appropriations There are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this title as the Secretary ), for the period of fiscal years 2022 through 2026— (1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with section 9002, of which $100,000,000 shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with section 9003; (2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ), to be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the Bureau of Reclamation dated April 2021, of which— (A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with section 9004(a); and (B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with 9004(b); (3) $1,000,000,000 for rural water projects that have been authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. ); (4) $1,000,000,000 for water recycling and reuse projects, of which— (A) $550,000,000 shall be made available for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. ) that are— (i) authorized or approved for construction funding by an Act of Congress before the date of enactment of this Act; or (ii) selected for funding under the competitive grant program authorized pursuant to section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(f) ), with funding under this subparagraph to be provided in accordance with that section, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ), except that section 1602(g)(2) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(g)(2) ) shall not apply to amounts made available under this subparagraph; and (B) $450,000,000 shall be made available for large-scale water recycling and reuse projects in accordance with section 9005; (5) $250,000,000 for water desalination projects and studies authorized in accordance with the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) that are— (A) authorized or approved for construction funding by an Act of Congress before July 1, 2021; or (B) selected for funding under the program authorized pursuant to section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ), with funding to be made available under this paragraph in accordance with that subsection, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ), except that paragraph (2)(F) of section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) (as redesignated by section 9008) shall not apply to amounts made available under this paragraph; (6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 ( 43 U.S.C. 506 et seq. ); (7) $400,000,000 for WaterSMART grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 ), of which $100,000,000 shall be made available for projects that would improve the condition of a natural feature or nature-based feature (as those terms are defined in section 9502 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10362 )); (8) subject to section 9006, $300,000,000 for implementing the Colorado River Basin Drought Contingency Plan, consistent with the obligations of the Secretary under the Colorado River Drought Contingency Plan Authorization Act ( Public Law 116–14 ; 133 Stat. 850) and related agreements, of which $50,000,000 shall be made available for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin; (9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1015 et seq. ); (10) $250,000,000 for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); (11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 9007; and (12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance with— (A) Public Law 106–392 (114 Stat. 1602); (B) the Grand Canyon Protection Act of 1992 ( Public Law 102–575 ; 106 Stat. 4669); and (C) subtitle E of title IX of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1327). 9002. Water storage, groundwater storage, and conveyance projects (a) Eligibility for funding (1) Feasibility studies (A) In general A feasibility study shall only be eligible for funding under section 9001(1) if— (i) the feasibility study has been authorized by an Act of Congress before the date of enactment of this Act; (ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) before the date of enactment of this Act; or (iii) the feasibility study is authorized under subparagraph (B). (B) Feasibility study authorizations The Secretary may carry out feasibility studies for the following projects: (i) The Verde Reservoirs Sediment Mitigation Project in the State of Arizona. (ii) The Tualatin River Basin Project in the State of Oregon. (2) Construction A project shall only be eligible for construction funding under section 9001(1) if— (A) an Act of Congress enacted before the date of enactment of this Act authorizes construction of the project; (B) Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) before the date of enactment of this Act, except for any project for which— (i) Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before the date of enactment of this Act; or (ii) State funding for the project was rescinded by the State before the date of enactment of this Act; or (C) (i) Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and (ii) on completion of the feasibility study for the project, the Secretary— (I) finds the project to be technically and financially feasible in accordance with the reclamation laws; (II) determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and (III) (aa) finds the project to be in the public interest; and (bb) recommends the project for construction. (b) Cost-sharing requirement (1) In general The Federal share— (A) for a project authorized by an Act of Congress shall be determined in accordance with that Act; (B) for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b note; Public Law 114–322 ) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and (C) for a project not described in subparagraph (A) or (B)— (i) in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and (ii) in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. (2) Federal benefits Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits. (3) Reimbursability The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws. (c) Environmental laws In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 9003. Small water storage and groundwater storage projects (a) Establishment of a competitive grant program for small water storage and groundwater storage projects The Secretary shall establish a competitive grant program, under which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construction of the project. (b) Eligibility and selection (1) Submission to the secretary (A) In general A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study. (B) Eligible projects A project shall be considered eligible for consideration for a grant under this section if the project— (i) has water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; and (ii) (I) increases surface water or groundwater storage; or (II) conveys water, directly or indirectly, to or from surface water or groundwater storage. (C) Guidelines Not later than 60 days after the date of enactment of this Act, the Secretary shall issue guidelines for feasibility studies for small storage projects to provide sufficient information for the formulation of the studies. (2) Review by the secretary The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether— (A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects; (B) the project is technically and financially feasible, in accordance with— (i) the guidelines developed under paragraph (1)(C); and (ii) the reclamation laws; and (C) the project provides a Federal benefit, as determined by the Secretary. (3) Submission to congress Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), 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 describes— (A) the results of the review of the study by the Secretary under paragraph (2), including a determination of whether the project is feasible and provides a Federal benefit; (B) any recommendations that the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (4) Eligibility for funding (A) In general The non-Federal project sponsor of any project determined by the Secretary to be feasible under paragraph (3)(A) shall be eligible to apply to the Secretary for a grant to cover the Federal share of the costs of planning, designing, and constructing the project pursuant to subsection (c). (B) Required determination Prior to awarding grants to a small storage project, the Secretary shall determine whether there is sufficient non-Federal funding available to complete the project. (5) Priority In awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria: (A) Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities. (B) Projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple benefits, including water supply reliability, ecosystem benefits, groundwater management and enhancements, and water quality improvements. (c) Ceiling on federal share The Federal share of the costs of each of the individual projects selected under this section shall not exceed the lesser of— (1) 25 percent of the total project cost; or (2) $30,000,000. (d) Environmental laws In providing funding for a grant for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (e) Termination of authority The authority to carry out this section terminates on the date that is 5 years after the date of enactment of this Act. 9004. Critical maintenance and repair (a) Critical failure at a reserved or transferred work (1) In general A reserved or transferred work shall only be eligible for funding under section 9001(2)(A) if— (A) construction of the reserved or transferred work began on or before January 1, 1915; and (B) a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on the date of enactment of this Act that resulted in the failure to deliver water to project beneficiaries. (2) Use of funds Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 9001(2)(A) may be used for the entire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work. (3) Nonreimbursable funds Notwithstanding section 9603(b) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b(b) ), amounts made available to a reserved or transferred work under section 9001(2)(A) shall be nonreimbursable to the United States. (b) Carey act projects The Secretary shall use amounts made available under section 9001(2)(B) to fund the rehabilitation, reconstruction, or replacement of a dam— (1) the construction of which began on or after January 1, 1905; (2) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the Carey Act ) ( 43 U.S.C. 641 ; 28 Stat. 422, chapter 301); (3) that the Governor of the State in which the dam is located has— (A) determined the dam has reached its useful life; (B) determined the dam poses significant health and safety concerns; and (C) requested Federal support; and (4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. 9005. Competitive grant program for large-scale water recycling and reuse program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority; (B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or (C) an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B). (2) Eligible project The term eligible project means a project described in subsection (c). (3) Program The term program means the grant program established under subsection (b). (4) Reclamation state The term Reclamation State means a State or territory described in the first section of the Act of June 17, 1902 ( 43 U.S.C. 391 ; 32 Stat. 388, chapter 1093). (b) Establishment The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning, design, and construction of large-scale water recycling and reuse projects that provide substantial water supply and other benefits to the Reclamation States in accordance with this section. (c) Eligible project A project shall be eligible for a grant under this section if the project— (1) reclaims and reuses— (A) municipal, industrial, domestic, or agricultural wastewater; or (B) impaired groundwater or surface water; (2) has a total estimated cost of $500,000,000 or more; (3) is located in a Reclamation State; (4) is constructed, operated, and maintained by an eligible entity; and (5) provides a Federal benefit in accordance with the reclamation laws. (d) Project evaluation The Secretary may provide a grant to an eligible project under the program if— (1) the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project— (A) is technically and financially feasible; (B) provides a Federal benefit in accordance with the reclamation laws; and (C) is consistent with applicable Federal and State laws; (2) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary; (3) the eligible entity is financially solvent, as determined by the Secretary; and (4) not later than 30 days after the date on which the Secretary concurs with the determinations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations. (e) Priority In providing grants to eligible projects under the program, the Secretary shall give priority to eligible projects that meet 1 or more of the following criteria: (1) The eligible project provides multiple benefits, including— (A) water supply reliability benefits for drought-stricken States and communities; (B) fish and wildlife benefits; and (C) water quality improvements. (2) The eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by Federal and State agencies, including through measurable reductions in water diversions from imperiled ecosystems. (3) The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin. (4) The eligible project is regional in nature. (5) The eligible project is collaboratively developed or supported by multiple stakeholders. (f) Federal assistance (1) Federal cost share The Federal share of the cost of any project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project. (2) Total dollar cap The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program. (3) Nonreimbursable funds Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable. (4) Funding eligibility An eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under— (A) the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. ); (B) section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) for eligible desalination projects; or (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h(e) ). (g) Environmental laws In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (h) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities. (i) Reports (1) Annual report At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section. (B) Report Not later than 1 year after the date of the initial award of grants under this section, the Comptroller General 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 describes— (i) the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and (ii) the justification and criteria used for the selection of each eligible project, if applicable. (j) Treatment of conveyance The Secretary shall consider the planning, design, and construction of a conveyance system for an eligible project to be eligible for grant funding under the program. (k) Termination of authority The authority to carry out this section terminates on the date that is 5 years after the date of enactment of this Act. 9006. Drought contingency plan funding requirements (a) In general Funds made available under section 9001(8) for use in the Lower Colorado River Basin may be used for projects— (1) to establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin; or (2) to improve the long-term efficiency of operations in the Lower Colorado River Basin. (b) Limitation None of the funds made available under section 9001(8) may be used for the operation of the Yuma Desalting Plant. (c) Effect Nothing in section 9001(8) limits existing or future opportunities to augment the water supplies of the Colorado River. 9007. Multi-benefit projects to improve watershed health (a) Definition of eligible applicant In this section, the term eligible applicant means— (1) a State; (2) a Tribal or local government; (3) an organization with power or water delivery authority; (4) a regional authority; or (5) a nonprofit conservation organization. (b) Establishment of competitive grant program Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following: (1) Ecosystem benefits. (2) Restoration of native species. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing. (7) Enhancement of river-based recreation. (c) Requirements (1) In general In awarding a grant to an eligible applicant under subsection (b), the Secretary— (A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and (B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law. (2) Compliance A habitat restoration project awarded a grant under subsection (b) shall comply with all applicable Federal and State laws. (d) Cost-sharing requirement The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)— (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. 9008. Eligible desalination projects Section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended by redesignating the second paragraph (1) (relating to eligible desalination projects) as paragraph (2). 9009. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects (a) Coronavirus state fiscal recovery fund Section 602(c) of the Social Security Act ( 42 U.S.C. 802(c) ) is amended by adding at the end the following: (4) Use of funds to satisfy non-federal matching requirements for authorized Bureau of Reclamation water projects Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project. . (b) Coronavirus local fiscal recovery fund Section 603(c) of the Social Security Act ( 42 U.S.C. 803(c) ) is amended by adding at the end the following: (5) Use of funds to satisfy non-federal matching, maintenance of effort, or other expenditure requirement Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project. . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of section 9901 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 223). 9010. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects (a) In general The Secretary, in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for— (1) groundwater recharge projects; (2) aquifer storage and recovery projects; and (3) water source substitution for aquifer protection projects. (b) Limitation Nothing in this section authorizes additional technical or financial assistance for a surface water storage facility constructed after the date of enactment of this Act. X Authorization of appropriations for Energy Act of 2020 10001. Energy storage demonstration projects (a) Energy storage demonstration projects; pilot grant program There is authorized to be appropriated to the Secretary to carry out activities under section 3201(c) of the Energy Act of 2020 ( 42 U.S.C. 17232(c) ) $355,000,000 for the period of fiscal years 2022 through 2025. (b) Long-duration demonstration initiative and joint program There is authorized to be appropriated to the Secretary to carry out activities under section 3201(d) of the Energy Act of 2020 ( 42 U.S.C. 17232(d) ) $150,000,000 for the period of fiscal years 2022 through 2025. 10002. Advanced reactor demonstration program (a) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out activities under section 959A of the Energy Policy Act of 2005 ( 42 U.S.C. 16279a ) pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations— (1) $511,000,000 for fiscal year 2022; (2) $506,000,000 for fiscal year 2023; (3) $636,000,000 for fiscal year 2024; (4) $824,000,000 for fiscal year 2025; (5) $453,000,000 for fiscal year 2026; and (6) $281,000,000 for fiscal year 2027. (b) Technical corrections (1) Definition of advanced nuclear reactor Section 951(b)(1) of the Energy Policy Act of 2005 ( 42 U.S.C. 16271(b)(1) ) is amended— (A) in subparagraph (A)(xi), by striking ; and and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) a radioisotope power system that utilizes heat from radioactive decay to generate energy. . (2) Nuclear energy university program funding Section 954(a)(6) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(a)(6) ) is amended by inserting , excluding funds appropriated for the Advanced Reactor Demonstration Program of the Department, after annually . 10003. Mineral security projects (a) National geological and geophysical data preservation program There are authorized to be appropriated to the Secretary of the Interior to carry out activities under section 351 of the Energy Policy Act of 2005 ( 42 U.S.C. 15908 )— (1) $8,668,000 for fiscal year 2022; and (2) $5,000,000 for each of fiscal years 2023 through 2025. (b) Rare earth mineral security There are authorized to be appropriated to the Secretary to carry out activities under section 7001(a) of the Energy Act of 2020 ( 42 U.S.C. 13344(a) )— (1) $23,000,000 for fiscal year 2022; (2) $24,200,000 for fiscal year 2023; (3) $25,400,000 for fiscal year 2024; (4) $26,600,000 for fiscal year 2025; and (5) $27,800,000 for fiscal year 2026. (c) Critical material innovation, efficiency, and alternatives There are authorized to be appropriated to the Secretary to carry out activities under section 7002(g) of the Energy Act of 2020 ( 30 U.S.C. 1606(g) )— (1) $230,000,000 for fiscal year 2022; (2) $100,000,000 for fiscal year 2023; and (3) $135,000,000 for each of fiscal years 2024 and 2025. (d) Critical material supply chain research facility There are authorized to be appropriated to the Secretary to carry out activities under section 7002(h) of the Energy Act of 2020 ( 30 U.S.C. 1606(h) )— (1) $40,000,000 for fiscal year 2022; and (2) $35,000,000 for fiscal year 2023. 10004. Carbon capture demonstration and pilot programs (a) Carbon capture large-scale pilot projects There are authorized to be appropriated to the Secretary to carry out activities under section 962(b)(2)(B) of the Energy Policy Act of 2005 ( 42 U.S.C. 16292(b)(2)(B) )— (1) $387,000,000 for fiscal year 2022; (2) $200,000,000 for fiscal year 2023; (3) $200,000,000 for fiscal year 2024; and (4) $150,000,000 for fiscal year 2025. (b) Carbon capture demonstration projects program There are authorized to be appropriated to the Secretary to carry out activities under section 962(b)(2)(C) of the Energy Policy Act of 2005 ( 42 U.S.C. 16292(b)(2)(C) )— (1) $937,000,000 for fiscal year 2022; (2) $500,000,000 for each of fiscal years 2023 and 2024; and (3) $600,000,000 for fiscal year 2025. 10005. Direct air capture technologies prize competitions (a) Precommercial There is authorized to be appropriated to the Secretary to carry out activities under section 969D(e)(2)(A) of the Energy Policy Act of 2005 ( 42 U.S.C. 16298d(e)(2)(A) ) $15,000,000 for fiscal year 2022. (b) Commercial There is authorized to be appropriated to the Secretary to carry out activities under section 969D(e)(2)(B) of the Energy Policy Act of 2005 ( 42 U.S.C. 16298d(e)(2)(B) ) $100,000,000 for fiscal year 2022. 10006. Water power projects (a) Hydropower and marine energy There are authorized to be appropriated to the Secretary— (1) to carry out activities under section 634 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17213 ), $36,000,000 for the period of fiscal years 2022 through 2025; and (2) to carry out activities under section 635 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17214 ), $70,400,000 for the period of fiscal years 2022 through 2025. (b) National marine energy centers There is authorized to be appropriated to the Secretary to carry out activities under section 636 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17215 ) $40,000,000 for the period of fiscal years 2022 through 2025. 10007. Renewable energy projects (a) Geothermal energy There is authorized to be appropriated to the Secretary to carry out activities under section 615(d) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17194(d) ) $84,000,000 for the period of fiscal years 2022 through 2025. (b) Wind energy There are authorized to be appropriated to the Secretary— (1) to carry out activities under section 3003(b)(2) of the Energy Act of 2020 ( 42 U.S.C. 16237(b)(2) ), $60,000,000 for the period of fiscal years 2022 through 2025; and (2) to carry out activities under section 3003(b)(4) of the Energy Act of 2020 ( 42 U.S.C. 16237(b)(4) ), $40,000,000 for the period of fiscal years 2022 through 2025. (c) Solar energy There are authorized to be appropriated to the Secretary— (1) to carry out activities under section 3004(b)(2) of the Energy Act of 2020 ( 42 U.S.C. 16238(b)(2) ), $40,000,000 for the period of fiscal years 2022 through 2025; (2) to carry out activities under section 3004(b)(3) of the Energy Act of 2020 ( 42 U.S.C. 16238(b)(3) ), $20,000,000 for the period of fiscal years 2022 through 2025; and (3) to carry out activities under section 3004(b)(4) of the Energy Act of 2020 ( 42 U.S.C. 16238(b)(4) ), $20,000,000 for the period of fiscal years 2022 through 2025. (d) Clarification Amounts authorized to be appropriated under subsection (b) are authorized to be a part of, and not in addition to, any amounts authorized to be appropriated by section 3003(b)(7) of the Energy Act of 2020 ( 42 U.S.C. 16237(b)(7) ). 10008. Industrial emissions demonstration projects There are authorized to be appropriated to the Secretary to carry out activities under section 454(d)(3) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17113(d)(3) )— (1) $100,000,000 for each of fiscal years 2022 and 2023; and (2) $150,000,000 for each of fiscal years 2024 and 2025. XI Wage rate requirements 11001. Wage rate requirements (a) Davis-Bacon All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this Act or an amendment made by this Act shall be paid wages at rates not less than those prevailing on similar projects 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 ). (b) Authority With respect to the labor standards specified in subsection (a), 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. XII Miscellaneous 12001. Office of Clean Energy Demonstrations (a) Definitions In this section: (1) Covered project The term covered project means a demonstration project of the Department that— (A) receives or is eligible to receive funding from the Secretary; and (B) is authorized under— (i) this Act; or (ii) the Energy Act of 2020 ( Public Law 116–260 ; 134 Stat. 1182). (2) Program The term program means the program established under subsection (b). (b) Establishment The Secretary, in coordination with the heads of relevant program offices of the Department, shall establish a program to conduct project management and oversight of covered projects, including by— (1) conducting evaluations of proposals for covered projects before the selection of a covered project for funding; (2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and (3) ensuring a balanced portfolio of investments in covered projects. (c) Duties The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department— (1) evaluate proposals for covered projects, including scope, technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections; (2) develop independent cost estimates for a proposal for a covered project, if appropriate; (3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project; (4) oversee the execution of covered projects that receive funding from the Secretary, including reconciling estimated costs as compared to actual costs; (5) conduct reviews of ongoing covered projects, including— (A) evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and (B) providing the evaluations under subparagraph (A) to the Secretary; and (6) assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects. (d) Employees To carry out the program, the Secretary may hire appropriate personnel to perform the duties of the program. (e) Coordination In carrying out the program, the head of the program shall coordinate with— (1) project management and acquisition management entities with the Department, including the Office of Project Management; and (2) professional organizations in project management, construction, cost estimation, and other relevant fields. (f) Reports (1) Report by Secretary The Secretary shall include in each updated technology transfer execution plan submitted under subsection (h)(2) of section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) information on the implementation of and progress made under the program, including, for the year covered by the report— (A) the covered projects under the purview of the program; and (B) the review of each covered project carried out under subsection (c)(5). (2) Report by Comptroller General Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program, including— (A) a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects; and (B) any recommended changes in the program, including changes to— (i) the processes and procedures described in subparagraph (A); and (ii) the structure of the program, for the purpose of better carrying out the program. (g) Technical amendment Section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) is amended by redesignating the second subsections (f) (relating to planning and reporting) and (g) (relating to additional technology transfer programs) as subsections (h) and (i), respectively. 12002. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 (a) Definition of full funding amount Section 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7102(11) ) is amended by striking subparagraphs (D) and (E) and inserting the following: (D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; (E) for each of fiscal years 2018 through 2020, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year; and (F) for fiscal year 2021 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2017. . (b) Secure payments for States and counties containing Federal land (1) Secure payments Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 ) is amended, in subsections (a) and (b), by striking 2015, 2017, 2018, 2019, and 2020 each place it appears and inserting 2015 and 2017 through 2023 . (2) Distribution of payments to eligible counties Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7113(d)(2) ) is amended by striking 2020 and inserting 2023 . (c) Pilot program To streamline nomination of members of resource advisory committees Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ) is amended by striking subsection (g) and inserting the following: (g) Resource advisory committee appointment pilot programs (1) Definitions In this subsection: (A) Applicable designee The term applicable designee means the applicable regional forester. (B) National pilot program The term national pilot program means the national pilot program established under paragraph (4)(A). (C) Regional pilot program The term regional pilot program means the regional pilot program established under paragraph (3)(A). (2) Establishment of pilot programs In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees. (3) Regional pilot program (A) In general The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees. (B) Geographic limitation The regional pilot program shall only apply to resource advisory committees chartered in— (i) the State of Montana; and (ii) the State of Arizona. (C) Responsibilities of applicable designee (i) Review Before appointing a member of a resource advisory committee under the regional pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements. (ii) Savings clause Nothing in this paragraph relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on December 20, 2018, including any requirement for advertising a vacancy. (4) National pilot program (A) In general The Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations of individuals for appointment as members of resource advisory committees. (B) Appointment Under the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall— (i) appoint the nominee to the applicable resource advisory committee; or (ii) reject the nomination. (C) Automatic appointment If the Secretary concerned does not act on a nomination in accordance with subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed to the applicable resource advisory committee. (D) Geographic limitation The national pilot program shall apply to a resource advisory committee chartered in any State other than— (i) the State of Montana; or (ii) the State of Arizona. (E) Savings clause Nothing in this paragraph relieves the Secretary concerned from any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy. (5) Termination of effectiveness The authority provided under this subsection terminates on October 1, 2023. (6) Report to Congress Not later 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes— (A) with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program, a description of the extent to which— (i) appointments were faster or slower; and (ii) the requirements described in paragraph (3)(C)(i) differ; and (B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot programs. . (d) Extension of authority To conduct special projects on Federal land (1) Existing advisory committees Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(a)(4) ) is amended by striking December 20, 2021 each place it appears and inserting December 20, 2023 . (2) Extension of authority Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7128 ) is amended— (A) in subsection (a), by striking 2022 and inserting 2025 ; and (B) in subsection (b), by striking 2023 and inserting 2026 . (e) Access to broadband and other technology Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7142(a) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) to provide or expand access to— (A) broadband telecommunications services at local schools; or (B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus. . (f) Extension of authority To expend county funds Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7144 ) is amended— (1) in subsection (a), by striking 2022 and inserting 2025 ; and (2) in subsection (b), by striking 2023 and inserting 2026 . (g) Amounts obligated but unspent; prohibition on use of funds Title III of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7141 et seq. ) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following: 304. Amounts obligated but unspent; prohibition on use of funds (a) Amounts obligated but unspent Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020— (1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this title; and (2) (A) may be used by the participating county for any authorized use under section 302(a); and (B) on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 305. (b) Prohibition on use of funds Notwithstanding any other provision of law, effective beginning on the date of enactment of the Energy Infrastructure Act , no county funds made available under this title may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date. .
July 19, 2021 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2377rs/xml/BILLS-117s2377rs.xml |
117-s-2378 | II 117th CONGRESS 1st Session S. 2378 IN THE SENATE OF THE UNITED STATES July 19, 2021 Mr. Coons 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 border carbon adjustment for the importation of certain goods.
1. Short title This Act may be cited as the Fair, Affordable, Innovative, and Resilient Transition and Competition Act or the FAIR Transition and Competition Act . 2. Border carbon adjustment The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: L Border carbon adjustment Chapter 101—Border carbon adjustment 101 Border carbon adjustment Sec. 9901. Definitions. Sec. 9902. Determination of domestic environmental cost incurred. Sec. 9903. Determination of emissions for each sector. Sec. 9904. Border carbon adjustment. Sec. 9905. Administration of border carbon adjustment. Sec. 9906. Allocation of carbon border fee adjustment revenues. 9901. Definitions For purposes of this subtitle: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Baseline emissions The term baseline emissions means the average greenhouse gas emissions of a company’s relevant sector, as determined under section 9903(a). (3) Benchmark emissions The term benchmark emissions means the greenhouse gas emissions of the highest emitting sites within a company’s relevant sector in the United States, as determined under section 9903(b). (4) Border carbon adjustment The term border carbon adjustment means the fee imposed pursuant to section 9904. (5) CO 2 -e The term CO 2 -e means the number of metric tons of carbon dioxide emissions with the same global warming potential as one metric ton of another greenhouse gas. (6) Covered fuel The term covered fuel means natural gas, petroleum, coal, or any other product derived from natural gas, petroleum, or coal that is used or may be used so as to emit greenhouse gases to the atmosphere. (7) Covered good The term covered good means a covered fuel or a product produced within a sector. (8) Domestic environmental cost incurred The term domestic environmental cost incurred means the amount determined under section 9902. (9) Greenhouse gas The term greenhouse gas has the same meaning given such term under paragraph (3) of section 901 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17321 ). (10) Greenhouse gas content The term greenhouse gas content means the amount of greenhouse gases, expressed in metric tons of CO 2 -e, which would be emitted to the atmosphere by the use of a covered fuel. (11) Imported Irrespective of any other definition in law or treaty, the term imported means to have landed on, brought into, or introduced into any place subject to the jurisdiction of the United States from a person or place outside the United States. (12) Importer The term importer means a person who, for any reason, brings a product from a foreign country into the United States for consumption, use, or warehousing. (13) Production greenhouse gas emissions The term production greenhouse gas emissions means the quantity of greenhouse gases, expressed in metric tons of CO 2 -e, emitted to the atmosphere resulting from the production, manufacture, or assembly of a product, as determined under section 9905. (14) Secretary The term Secretary means the Secretary of the Treasury, or the Secretary's delegate. (15) Sector The term sector means industrial facilities which produce one of the following products: (A) Steel. (B) Aluminum. (C) Cement. (D) Iron. (E) Any product identified pursuant to section 9905(e). (F) Any product for which greater than 50 percent of the composition of such product consists of a product described in subparagraphs (A) through (E). (16) State The term State means any of the 50 States, the District of Columbia, or the Commonwealth of Puerto Rico. (17) Upstream greenhouse gas emissions The term upstream greenhouse gas emissions means the quantity of greenhouse gases, expressed in metric tons of CO 2 -e, emitted to the atmosphere resulting from the extraction, processing, transportation, financing, or other preparation of a covered fuel for use, as determined under section 9905. 9902. Determination of domestic environmental cost incurred Not later than July 1, 2023, and annually thereafter, the Secretary (in coordination with the Director of the Office of Management and Budget, the Secretary of Commerce, the Secretary of Energy, the Administrator, the Secretary of Agriculture, the Secretary of Transportation, the United States Trade Representative, and the Secretary of the Interior) shall determine the domestic environmental cost incurred for each sector, and for the production of each covered fuel, based on the average cost incurred by companies within such sector (or, in the case of a covered fuel, the average cost incurred to produce such fuel) to comply with any Federal, State, regional, or local law, regulation, policy or program which is— (1) in effect at the time of such determination, including any such law, regulation, policy, or program which is implemented after the date of enactment of the FAIR Transition and Competition Act , and (2) designed to limit or reduce greenhouse gas emissions, including— (A) the Clean Air Act ( 42 U.S.C. 7401 ), (B) greenhouse gas emissions standards for passenger cars and light trucks, and (C) any State, regional, or local law, regulation, policy, or program that imposes a cap-and-trade system with respect to, or a tax or fee on, carbon dioxide. 9903. Determination of emissions for each sector (a) Baseline emissions Not later than July 1, 2023, and annually thereafter, the Administrator shall determine and publish the average greenhouse gas emissions of each sector during the prior calendar year in order to demonstrate the amount of progress made in reducing greenhouse gas emissions in the United States. (b) Benchmark emissions Not later than July 1, 2023, and annually thereafter, the Administrator shall determine and publish the production greenhouse gas emissions for the top 1 percent of the emitting production sites within each sector in the United States during the prior calendar year. 9904. Border carbon adjustment (a) Border carbon adjustment Beginning on January 1, 2024, in the case of any importer that imports a covered good into the United States, there shall be imposed a fee— (1) in the case of a covered fuel, in an amount equal to the product of— (A) the domestic environmental cost incurred in the production of such fuel, multiplied by (B) the upstream greenhouse gas emissions of such fuel, (2) in the case of a product produced within a sector which is not a covered fuel, in an amount equal to the product of— (A) the domestic environmental cost incurred for the sector in which such product was produced, multiplied by (B) the production greenhouse gas emissions of the product, or (3) in the case of a product produced within a sector for which reliable data with respect to the production greenhouse gas emissions of such product is not available, in an amount equal to the product of— (A) the benchmark emissions for the sector which produced such product, multiplied by (B) the domestic environmental cost incurred for the sector in which such product was produced. (b) Exemptions (1) In general Not later than July 1, 2023, and annually thereafter, the Secretary shall publish an annual report which identifies all applicable countries, with any covered good imported from an applicable country during the calendar year beginning after the date of publication of such report to be exempt from the border carbon adjustment. (2) Applicable countries For purposes of this subsection, the term applicable country means— (A) any country included on the list of Least Developed Countries on the most recent Development Assistance Committee List of Official Development Assistance Recipients published by the Organisation for Economic Co-operation and Development, and (B) any country which— (i) does not impose a border carbon adjustment on products produced or manufactured in the United States, and (ii) the Secretary (in coordination with the Secretary of State, the United States Trade Representative, the Secretary of Commerce, the Secretary of Energy, the Administrator, the Secretary of Agriculture, the Secretary of Transportation, and the Secretary of the Interior) determines enforces laws and regulations designed to limit or reduce greenhouse gas emissions that are at least as ambitious as Federal laws and regulations designed to limit or reduce greenhouse gas emissions. 9905. Administration of border carbon adjustment (a) In general The Secretary (in consultation with the Administrator, the United States Trade Representative, and the Secretary of Homeland Security) shall prescribe regulations and guidance to implement the border carbon adjustment. (b) Methodology In determining the production greenhouse gas emissions of a covered good, the Secretary shall use reliable methodologies which— (1) as may be necessary or convenient— (A) distinguish between different types of covered fuels, (B) distinguish between a covered fuel’s greenhouse gas content and that covered fuel’s upstream greenhouse gas emissions, (C) distinguish between the different types of greenhouse gas emissions which compose a covered fuel’s upstream greenhouse gas emissions, as well as the various processes which produced those emissions, and (D) distinguish between the different types of greenhouse gas emissions which compose a covered good’s production greenhouse gas emissions, as well as the various processes which produced those emissions, (2) ensure that no covered good has the border carbon adjustment imposed upon it more than once, and (3) are consistent with international treaties and agreements, including free trade agreements. (c) Petition procedure The Secretary shall establish fair, timely, impartial, and, to the extent necessary, confidential procedures by which the importer of any covered good may petition the Secretary to revise the Secretary’s determination of the production greenhouse gas emissions of that importer’s covered good. (d) International negotiations The Secretary of State and the United States Trade Representative shall engage with other countries regarding reducing global greenhouse gas emissions through trade and ensuring fairness in the application of emissions-based tariffs. (e) Additional sectors The Secretary (in consultation with the Director of the Office of Management and Budget, the Secretary of Commerce, the Secretary of Energy, the Administrator, the Secretary of Agriculture, the Secretary of Transportation, the Secretary of the Interior, and the United States Trade Representative) shall, for purposes of section 9901(15)(C), annually identify any product for which the Secretary determines— (1) there is reliable data for determining the production greenhouse gas emissions of such product, and (2) that it is in the interest of the United States to include such product under section 9901(15) for purposes of application of the border carbon adjustment with respect to such product. 9906. Allocation of carbon border fee adjustment revenues With respect to the revenues collected under section 9904— (1) such revenues shall be used to supplement appropriations made available in fiscal year 2024 and each fiscal year thereafter to U.S. Customs and Border Protection, in such amounts as are necessary to administer the border carbon adjustment, and (2) from any amounts remaining following any supplemental appropriation made with respect to amounts described in paragraph (1)— (A) 50 percent of such amounts remaining shall be used to provide grants to States as prescribed in section 3 of the FAIR Transition and Competition Act , and (B) 50 percent of such amounts remaining shall be available, as provided by appropriation Acts, for making expenditures to support the high-impact research, development, demonstration, technology transfer, commercialization, and export of technologies that reduce or eliminate greenhouse gas emissions. . 3. Resilient communities grant program (a) In general The Secretary shall provide to each State a Resilient Communities Grant no later than April 1, 2025, and each calendar year thereafter, in an amount determined under subsection (c). (b) Eligible purposes A State receiving a Resilient Communities Grant under this section shall use the amount of each such grant as follows: (1) To provide job training and worker transition assistance, with priority given to workers and former workers in fossil fuel-related industries. (2) To assist municipalities, counties, or other political subdivisions of the State in— (A) developing climate vulnerability assessments and adaptation plans to help build resilience to rapid-onset and slow-onset climate hazards; and (B) implementing such plans, which may include but are not limited to such projects as climate-smart infrastructure, agricultural climate solutions, and natural climate solutions to build climate resilience and support carbon sequestration. (3) To directly assist frontline communities who are experiencing the earliest, most severe threats from climate change with technical assistance and resources to undertake efforts to build climate resilience. (4) Alleviate historical burdens imposed upon communities of color, low-income communities, Tribal and Indigenous communities, fossil fuel-dependent communities, and other vulnerable populations that have been historically under-resourced due to inequities in resource allocation or disproportionately burdened by environmental hazards, including exposure to climate risks and polluted air, waterways, and landscapes. (5) To provide relocation assistance to individuals and populations when climate change or the energy transition threatens their health, well-being, or livelihood. (6) To assist small businesses that are disproportionately impacted by the border carbon adjustment imposed under subtitle L of the Internal Revenue Code of 1986 (as added by section 2 of this Act). (c) Amount of grant (1) In general The amount of the Resilient Communities Grant made to any State for any calendar year shall be equal to the product of— (A) the total amount made available under section 9906(2)(A) of the Internal Revenue Code of 1986 (as added by this Act) based on revenue collected in the prior calendar year; and (B) the State allocation percentage for the State (as determined under paragraph (2)). (2) State allocation percentage Not later than December 1, 2024, and each calendar year thereafter, the Secretary (in coordination with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Secretary of Labor, the Secretary of Homeland Security, the Secretary of Transportation, the Secretary of Agriculture, and the Secretary of Energy) shall establish the formula for determining the State allocation percentage for the following calendar year, which, for each State, shall take into account— (A) the percentage of the population of the United States residing in such State; (B) the vulnerability of such State to climate change; and (C) the percentage of the total United States workforce employed in fossil fuel-related industries who are employed in such industries in such State. (3) Climate vulnerability In accounting for the vulnerability of each State to climate change under paragraph (2)(B) for the purposes of determining the State allocation percentage, the parties identified in paragraph (2) shall— (A) at a minimum, consider the potential risks from rapid-onset and slow-onset climate hazards to— (i) human health and safety; (ii) infrastructure and other physical assets; and (iii) natural and agricultural systems; (B) account for the disproportionate impact of climate change on socially vulnerable communities; (C) ensure the methods for determining climate vulnerability do not result in a formula for State allocation that inequitably allocates resources to specific communities based on race, socioeconomic status, or other such characteristics; and (D) utilize relevant components of existing metrics and indicators of climate vulnerability in the United States wherever possible, including but not limited to— (i) the FEMA National Risk Index; and (ii) over the past 5 years, the State’s proportion of— (I) National Flood Insurance Program claims; (II) Fire Mitigation Assistance Grants; and (III) USDA fast track drought designations. (4) Minimum State allocation For purposes of subparagraph (B), the State allocation percentage for any State shall not be less than 1 percent. (5) Verification The Secretary shall verify the State use of grants under this subsection to ensure such uses comply with the requirements of this section. The Secretary may withhold a grant under this subsection if the Secretary determines that a State has not complied with such requirements. (d) Definitions In this section: (1) Secretary The term Secretary means the Secretary of the Treasury or the Secretary's delegate. (2) Slow-onset climate hazard The term slow-onset climate hazard means a threat from climate change that evolves gradually due to incremental change or because of an increasing frequency or intensity of recurring climate impacts, including— (A) sea level rise; (B) desertification; (C) biodiversity loss; (D) increasing temperatures; (E) ocean acidification; (F) soil salinization; (G) drought; (H) land and natural resource degradation; (I) glacial retreat or reduced snow pack, and related impacts; and (J) permafrost thaw. (3) State The term State means any of the 50 States, the District of Columbia, or the Commonwealth of Puerto Rico. | https://www.govinfo.gov/content/pkg/BILLS-117s2378is/xml/BILLS-117s2378is.xml |
117-s-2379 | II 117th CONGRESS 1st Session S. 2379 IN THE SENATE OF THE UNITED STATES July 19, 2021 Mr. Warner (for himself, Mr. Braun , Mr. Hickenlooper , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the General Education Provisions Act to allow the release of education records to facilitate the award of a recognized postsecondary credential.
1. Short title This Act may be cited as the Reverse Transfer Efficiency Act of 2021 . 2. Release of education records to facilitate the award of a recognized postsecondary credential Section 444(b)(1) of the General Education Provisions Act ( 20 U.S.C. 1232g(b)(1) ) is amended— (1) in subparagraph (K)(ii), by striking and after the semicolon; (2) in subparagraph (L), by striking the period at the end and inserting ; and ; and (3) by inserting after subparagraph (L) the following: (M) an institution of postsecondary education in which the student was previously enrolled, to which records of postsecondary coursework and credits are sent for the purpose of applying such coursework and credits toward completion of a recognized postsecondary credential (as that term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), upon condition that the student provides written consent prior to receiving such credential. . | https://www.govinfo.gov/content/pkg/BILLS-117s2379is/xml/BILLS-117s2379is.xml |
117-s-2380 | II 117th CONGRESS 1st Session S. 2380 IN THE SENATE OF THE UNITED STATES July 19, 2021 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks.
1. Short title This Act may be cited as the Tristan's Law . 2. Reservation of funds to increase safety of frozen dessert truck patrons (a) Findings Congress finds that— (1) in 2016, more than 20 percent of the 1,233 children killed in traffic crashes were pedestrians; (2) frozen dessert trucks present a very specific hazard for children; (3) in approaching, or departing from, a frozen dessert truck— (A) children may pay little attention to traffic; and (B) the truck may screen the children from driver visibility; (4) States and units of local government have issued ordinances to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve the safety of children approaching, or departing from, the trucks; (5) requiring drivers to come to a complete stop before passing a frozen dessert truck that is stopped to vend can reduce safety threats posed to children; (6) requiring frozen dessert trucks to be equipped with flashing signal lamps, a stop signal arm, a convex mirror, and a front crossing arm can reduce safety threats posed to children visiting the trucks; and (7) the Federal Government can play a role in reducing pedestrian injuries associated with frozen dessert truck operations. (b) National priority safety programs reservation of funds Section 405 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (7), by striking 5 percent and inserting 4 percent ; (B) in paragraph (8)— (i) by striking through (7) and inserting through (8) ; and (ii) by striking through (h) and inserting through (i) ; (C) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and (D) by inserting after paragraph (7) the following: (8) Safety of frozen dessert truck patrons In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that adopt and implement laws to increase the safety of frozen dessert truck patrons (as described in subsection (i)). ; and (2) by adding at the end the following: (i) Safety of frozen dessert truck patrons (1) Definition of frozen dessert truck In this subsection, the term frozen dessert truck means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. (2) General authority Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). (3) Frozen dessert truck equipment For purposes of paragraph (2), a frozen dessert truck shall be equipped with each of the following: (A) Signal lamps 1 or more signal lamps that— (i) are mounted— (I) at the same level; and (II) as high on the frozen dessert truck, and as widely spaced laterally, as is practicable; (ii) are not less than 5, and not more than 7, inches in diameter; and (iii) display 2 alternately flashing red lights visible at a distance of not less than 500 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway. (B) Stop signal arm (i) In general A stop signal arm— (I) that can be extended horizontally from the left side of the frozen dessert truck; (II) when extended— (aa) the side nearest the frozen dessert truck of which shall be— (AA) 7.25 inches long; and (BB) parallel to the side of the frozen dessert truck; (bb) the side farthest from the frozen dessert truck of which shall be— (AA) 18 inches long; and (BB) parallel to the side nearest the frozen dessert truck; (cc) the 2 sides of which shall be 18 inches apart, creating a symmetrical, trapezoidal shape; and (dd) the bottom of which shall be approximately 42 inches above the street; (III) the outside corners of which— (aa) when extended, feature 2 alternately flashing red lights, each of which shall be— (AA) not less than 3, and not more than 5, inches in diameter; and (BB) visible at a distance of not less than 300 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway; and (bb) are rounded to conform to the shape of the lights described in item (aa); and (IV) both sides of which shall feature— (aa) a red, reflectorized background; and (bb) a legend described in clause (ii). (ii) Description of legend A legend referred to in clause (i)(IV)(bb) is a legend in which— (I) the word STOP appears in 6-inch-high white letters, not to exceed 4 inches in length, in the middle of the stop signal arm; (II) above the word STOP , the phrase IF SAFE appears in 2-inch-high white letters, not to exceed 1.75 inches in length; (III) below the word STOP , the phrase THEN GO appears in 2-inch-high white letters, not to exceed 1.75 inches in length; and (IV) the colors (including the colors of the background) conform to the requirements described in the Manual on Uniform Traffic Control Devices for Streets and Highways published by the Federal Highway Administration. (C) Mirror A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. (D) Front crossing arm A front crossing arm— (i) that is— (I) attached to the front bumper of the frozen dessert truck; and (II) hinged from the right side of the frozen dessert truck; (ii) the bottom of which shall be not less than 16, and not more than 20, inches above the street; (iii) that is— (I) made of any durable material; and (II) covered with yellow or white reflective material; and (iv) that extends— (I) in conjunction with the stop signal arm described in subparagraph (B); (II) when extended outward in front of the frozen dessert truck, not less than 4, and not more than 6, feet parallel to the street; and (III) when retracted against the front of the frozen dessert truck, not past the width of the frozen dessert truck on the left side of the frozen dessert truck operator. (4) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. (5) Study (A) In general The Secretary shall conduct a study of— (i) the extent of pedestrian injuries and fatalities relating to frozen dessert trucks, including the percentage of those injuries and fatalities experienced by children; (ii) potential countermeasures to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve safety when children approach the frozen dessert trucks; and (iii) the feasibility of requiring operators of frozen dessert trucks not to stop or park the frozen dessert trucks to vend to a child in any location at which the child would be required to cross a highway to approach the frozen dessert truck. (B) Countermeasures for States Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. (C) Report The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A). . | https://www.govinfo.gov/content/pkg/BILLS-117s2380is/xml/BILLS-117s2380is.xml |
117-s-2381 | II 117th CONGRESS 1st Session S. 2381 IN THE SENATE OF THE UNITED STATES July 19, 2021 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend part A of title IV of the Social Security Act, and for other purposes.
1. Short title This Act may be cited as the Jobs and Opportunity with Benefits and Services for Success Act . 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. References. Sec. 4. Re-naming of program. Sec. 5. Helping more Americans enter and remain in the workforce. Sec. 6. Expecting universal engagement and case management. Sec. 7. Promoting accountability by measuring work outcomes. Sec. 8. Targeting funds to truly needy families. Sec. 9. Targeting funds to core purposes. Sec. 10. Strengthening program integrity by measuring improper payments. Sec. 11. Prohibition on State diversion of Federal funds to replace State spending. Sec. 12. Inclusion of poverty reduction as a program purpose. Sec. 13. Welfare for needs not weed. Sec. 14. Strengthening accountability through HHS approval of State plans. Sec. 15. Aligning and improving data reporting. Sec. 16. Technical corrections to data exchange standards to improve program coordination. Sec. 17. Set-aside for economic downturns. Sec. 18. Definitions related to use of funds. Sec. 19. Elimination of obsolete provisions. Sec. 20. Effective date. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Social Security Act. 4. Re-naming of program (a) In general The heading for part A of title IV is amended to read as follows: A Jobs and Opportunity with Benefits and Services Program . (b) Conforming amendments (1) The heading for section 403(a)(2)(B) ( 42 U.S.C. 603(a)(2)(B) ) is amended by striking tanf and inserting jobs . (2) The heading for section 413 ( 42 U.S.C. 613 ) is amended by striking Temporary Assistance for Needy Families and inserting Jobs and Opportunity with Benefits and Services . (3) The heading for section 413(a) ( 42 U.S.C. 613(a) ) is amended by striking TANF and inserting JOBS . (4) The heading for section 471(e)(7)(B)(i) ( 42 U.S.C. 671(e)(7)(B)(i) ) is amended by striking TANF and inserting JOBS . 5. Helping more Americans enter and remain in the workforce (a) Family assistance grants Section 403(a)(1) ( 42 U.S.C. 603(a)(1) ) is amended in each of subparagraphs (A) and (C) by striking 2017 and 2018 and inserting 2022 through 2027 . (b) Healthy marriage promotion and responsible fatherhood grants Section 403(a)(2)(D) ( 42 U.S.C. 603(a)(2)(D) ) is amended— (1) by striking 2017 and 2018 and inserting 2022 through 2027 ; and (2) by striking for fiscal year 2017 or 2018 . (c) Tribal grants Section 412(a) ( 42 U.S.C. 612(a) ) is amended in each of paragraphs (1)(A) and (2)(A) by striking 2017 and 2018 and inserting 2022 through 2027 . (d) Improving access to child care To support work Section 418(a)(3) ( 42 U.S.C. 618(a)(3) ) is amended— (1) by striking $3,550,000,000 for each fiscal year and inserting $4,158,000,000 for each of fiscal years 2022 through 2027 ; and (2) in subparagraph (A), by striking $3,375,000,000 and inserting $3,983,000,000 . (e) Grants to the territories Section 1108(b)(2) ( 42 U.S.C. 1308(b)(2) ) is amended by striking 2017 and 2018 and inserting 2022 through 2027 . 6. Expecting universal engagement and case management Section 408(b) ( 42 U.S.C. 608(b) ) is amended to read as follows: (b) Individual opportunity plans (1) Assessment The State agency responsible for administering the State program funded under this part shall make an initial assessment of the following for each work-eligible individual (as defined in the regulations promulgated pursuant to section 407(i)(1)(A)(i)): (A) The education obtained, skills, prior work experience, work readiness, and barriers to work of the individual. (B) The well-being of the children in the family of the individual and, where appropriate, activities or services (such as services offered by a program funded under section 511) to improve the well-being of the children. (2) Contents of plans On the basis of the assessment required by paragraph (1) of this subsection, the State agency, in consultation with the individual, shall develop an individual opportunity plan that— (A) includes a personal responsibility agreement in which the individual acknowledges receipt of publicly funded benefits and responsibility to comply with program requirements in order to receive the benefits; (B) sets forth the obligations of the individual to participate in work activities (as defined in section 407(d)), and the number of hours per month for which the individual will so participate pursuant to section 407; (C) sets forth an employment goal and planned short-, intermediate-, and long-term actions to achieve the goal, and, in the case of an individual who has not attained 24 years of age and is in secondary school or the equivalent, the intermediate action may be completion of secondary school or the equivalent; (D) describes the job counseling and other services the State will provide to the individual to enable the individual to obtain and keep unsubsidized employment; (E) may include referral to appropriate substance abuse or mental health treatment; and (F) is signed by the individual. (3) Timing The State agency shall comply with paragraphs (1) and (2) with respect to a work-eligible individual— (A) within 1 year after the effective date of this subsection, in the case of an individual who, as of such effective date, is a recipient of assistance under the State program funded under this part (as in effect immediately before such effective date); or (B) within 60 days after the individual is determined to be eligible for the assistance, in the case of any other individual. (4) Universal engagement Subject to the exceptions in paragraph (3), each State shall require all work-eligible recipients receiving funds under the State program funded under this part to engage in work in accordance with the provisions of sections 407(c), 407(d), and 407(e).” (5) Penalty for noncompliance by individual In addition to any other penalties required under the State program funded under this part, the State shall reduce, by such amount as the State considers appropriate, the amount of assistance otherwise payable under the State program to a family that includes an individual who fails without good cause to comply with an individual opportunity plan developed pursuant to this subsection, that is signed by the individual. (6) Periodic review The State shall meet with each work-eligible individual assessed by the State under paragraph (1), not less frequently than every 90 days, to— (A) review the individual opportunity plan developed for the individual, including the eligibility of the individual for benefits; (B) discuss with the individual the progress made by the individual in achieving the goals specified in the plan; and (C) update the plan, as necessary, to reflect any changes in the circumstances of the individual since the plan was last reviewed. . 7. Promoting accountability by measuring work outcomes (a) In general Section 407(a) ( 42 U.S.C. 607(a) ) is amended to read as follows: (a) Performance accountability and work outcomes (1) Work outcomes (A) In general A State to which a grant is made under section 403 shall achieve the requisite minimum level of performance for a fiscal year described in this paragraph with respect to the percentage of employment exits for families receiving assistance under the State program funded under this part, or be subject to penalty as described in section 409(a)(3). (B) Calculation of percentage of employment exits For purposes of this paragraph, the percentage of employment exits with respect to a State equals the ratio of the number of work-eligible individuals who are in unsubsidized employment 6 months after their exit to the average monthly number of families receiving assistance under the State program funded under this part. (C) Agreement on requisite level of performance The Secretary and the State shall negotiate the requisite level of performance for the State with respect to employment exits for each fiscal year beginning with fiscal year 2024. (2) Performance accountability (A) Purpose The purpose of this paragraph is to provide for the establishment of performance accountability measures to assess the effectiveness of States in increasing employment, retention, and advancement among families receiving assistance under the State program funded under this part. (B) In general A State to which a grant is made under section 403 for a fiscal year shall achieve the requisite level of performance on an indicator described in subparagraph (D) of this paragraph for the fiscal year. (C) Measuring state performance Each State, in consultation with the Secretary, shall collect and submit to the Secretary the information necessary to measure the level of performance of the State for each indicator described in subparagraph (D), for fiscal year 2023 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2023 to establish the baseline level of performance for each State for each such indicator. (D) Indicators of performance The indicators described in this subparagraph, for a fiscal year, are the following: (i) The percentage of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. (ii) The percentage of individuals who were work-eligible individuals who were in unsubsidized employment in the 2nd quarter after the exit, who are also in unsubsidized employment during the 4th quarter after the exit. (iii) The median earnings of individuals who were work-eligible individuals as of the time of exit from the program, who are in unsubsidized employment during the 2nd quarter after the exit. (iv) The percentage of individuals who have not attained 24 years of age, are attending high school or enrolled in an equivalency program, and are work-eligible individuals or were work-eligible individuals as of the time of exit from the program, who obtain a high school degree or its recognized equivalent while receiving assistance under the State program funded under this part or within 1 year after the exit. (E) Levels of performance (i) In general For each State submitting a State plan pursuant to section 402(a), there shall be established, in accordance with this subparagraph, levels of performance for each of the indicators described in subparagraph (D). (ii) Weight The weight assigned to such an indicator shall be the following: (I) 40 percent, in the case of the indicator described in subparagraph (D)(i). (II) 25 percent, in the case of the indicator described in subparagraph (D)(ii). (III) 25 percent, in the case of the indicator described in subparagraph (D)(iii). (IV) 10 percent, in the case of the indicator described in subparagraph (D)(iv). (iii) Agreement on requisite performance level for each indicator (I) In general The Secretary and the State shall negotiate the requisite level of performance for the State with respect to each indicator described in clause (ii), for each fiscal year beginning with fiscal year 2024, and shall do so before the beginning of the fiscal year involved. (II) Requirements in establishing performance levels In establishing the requisite levels of performance, the State and the Secretary shall— (aa) take into account how the levels involved compare with the levels established for other States; and (bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on— (AA) the differences among States in economic conditions, including differences in unemployment rates or employment losses or gains in particular industries; (BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and (CC) take into account the extent to which the levels involved promote continuous improvement in performance by each State. (iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a State and a fiscal year to reflect the economic conditions and characteristics of the relevant individuals in the State during the fiscal year. (v) Statistical adjustment model The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for the economic conditions and characteristics of the relevant individuals, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(3)(A)(viii) ). (vi) Definition of exit In this paragraph, the term exit means, with respect to a State program funded under this part, ceases to a receive a JOBS benefit under the program. (F) State option to establish common exit measures Notwithstanding subparagraph (E)(vi) of this paragraph, a State that has not provided the notification under section 121(b)(1)(C)(ii) of the Workforce Innovation and Opportunity Act to exclude the State program funded under this part as a mandatory one-stop partner may adopt an alternative definition of exit for the purpose of creating common exit measures to improve alignment with workforce programs operated under title I of such Act. (G) Regulations In order to ensure nationwide comparability of data, the Secretary, after consultation with the Secretary of Labor and with States, shall issue regulations governing the establishment of the performance accountability system under this paragraph and a template for performance reports to be used by all States consistent with subsection (b). . (b) Reports on state performance on HHS online dashboard Section 407(b) ( 42 U.S.C. 607(b) ) is amended to read as follows: (b) Publication of State performance The Secretary shall, directly or through the use of grants or contracts, establish and operate an Internet website that is accessible to the public, with a dashboard that is regularly updated and provides easy-to-understand information on the performance of each State program funded under this part, including a profile for each such program, expressed by use of a template, which shall include— (1) information on the indicators and requisite performance levels established for the State under subsection (a), including, with respect to each such level, whether the State achieves, exceeds, or fails to achieve the level on an ongoing basis, including— (A) information on any adjustments made to the requisite levels using the statistical adjustment model described in subsection (a)(3)(D)(v); and (B) a grade based on the overall performance of the State, as determined by the Secretary and in consultation with the State, and the overall performance shall be graded based on the performance indicators and weights for each such indicator as described in subsection (a); (2) information reported under section 411 on the characteristics and demographics of individuals receiving assistance under the State program, including— (A) the number and percentage of child-only cases and reason why the cases are child-only; and (B) the average weekly number of hours that each work-eligible individual in the State program participates in work activities, including a separate section showing the number and percentage of the work-eligible individuals with zero hours of the participation and the reason for non-participation; (3) information on the results of improper payments reviews; (4) a link to the State plan approved under section 402; and (5) information regarding any penalty imposed, or other corrective action taken, by the Secretary against a State for failing to achieve a requisite performance level or any other requirement imposed by or under this part. . (c) Modification of rules for determining whether an individual is engaged in work Section 407(c) ( 42 U.S.C. 607(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking For purposes of subsection (b)(1)(B)(i), a and inserting A ; and (ii) by striking , not fewer than and all that follows through this subsection ; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking For purposes of subsection (b)(2)(B), an and inserting An ; (ii) in clause (i), by striking , not fewer than and all that follows through this subsection ; and (iii) in clause (ii), by striking , not fewer than and all that follows through subsection (d) ; and (2) in paragraph (2)— (A) by striking subparagraphs (A) and (D); (B) in each of subparagraphs (B) and (C), by striking For purposes of determining monthly participation rates under subsection (b)(1)(B)(i), a and inserting A ; (C) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (D) by adding at the end the following: (C) State option for participation requirement exemptions For any fiscal year, a State may, at its option, not require an individual who is a single custodial parent caring for a child who has not attained 12 months of age to engage in work, for not more than 12 months. . (d) Modifications to allowable work activities Section 407(d) ( 42 U.S.C. 607(d) ) is amended— (1) in paragraph (5), by inserting , including apprenticeship before the semicolon; (2) in paragraph (6), by inserting supervised before job search ; (3) in paragraph (8), by striking (not to exceed 12 months with respect to any individual) and inserting , including career technical education ; (4) in paragraph (11), by striking and at the end; (5) in paragraph (12), by striking the period and inserting ; and ; and (6) by adding at the end the following: (13) participation in an in-home program teaching parenting skills that complies with the requirements of section 407(c). . (e) Penalty against States (1) In general Section 409(a)(3) ( 42 U.S.C. 609(a)(3) ) is amended by striking all that precedes subparagraph (B) and inserting the following: (3) Failure to satisfy work outcomes and work engagement (A) In general If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has failed to comply with any of section 407(a)(1), section 408(b)(3), or section 408(b)(4) for the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to the applicable percentage of the State family assistance grant. . (2) Transition rule The Secretary of Health and Human Services may not impose a penalty under section 409(a)(3) of the Social Security Act by reason of the failure of a State to comply with section 407(a) of such Act for any fiscal year before fiscal year 2023. (f) Pro rata reduction of assistance for individual noncompliance Section 407(e) ( 42 U.S.C. 607(e) ) is amended by adding at the end the following: (3) Pro rata reduction For purposes of paragraph (1)(A), the amount of a pro rata reduction in assistance shall be determined by multiplying the total amount of monthly assistance that would, in the absence of the application of this paragraph, be paid to the entire family, by the ratio of— (A) the number of hours of required work activities as designated in subsection (d) actually performed by the individual during the month; to (B) the number of hours of work activities that the individual was required to perform during the month in accordance with subsection (c). (4) Penalties and engagement (A) In general Subject to the limitation in (B), if in a given month an individual who received assistance under this part was required to engage in work under section 408(b)(4), failed to fulfill those obligations and was subsequently sanctioned in accordance with paragraphs (2) and (3) of section 407(e), that individual shall be judged to be engaged in work for that month for purposes of section 408(b)(4). (B) Limitation If an individual receives no benefits for two consecutive months due to sanctioning under paragraphs (2) and (3) of section 407(e), that individual shall not be counted as engaged in work in subsequent months for purposes of section 408(b)(4) unless actual work in accordance with section 407(d) was resumed. . (g) Conforming amendment The heading of section 412(c) ( 42 U.S.C. 612(c) ) is amended by striking Minimum Work Participation Requirements and inserting Requirements for work outcome measures . 8. Targeting funds to truly needy families (a) Prohibition on use of funds for families with income greater than twice the poverty line Section 404(k) ( 42 U.S.C. 604(k) ) is amended to read as follows: (k) Prohibitions (1) Use of funds for persons with income greater than twice the poverty line A State to which a grant is made under this part shall not use the grant to provide any assistance or services to a family whose monthly income exceeds twice the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 ( 42 U.S.C. 9902(2) )). . (b) Elimination of limitation on use of funds for case management activities Section 404(b)(2) ( 42 U.S.C. 604(b)(2) ) is amended to read as follows: (2) Exceptions Paragraph (1) of this subsection shall not apply to the use of a grant for— (A) information technology and computerization needed for tracking, monitoring, or data collection required by or under this part; or (B) case management activities to carry out section 408(b). . (c) Prohibition on use of funds for direct spending on child care services or activities Section 404(k) ( 42 U.S.C. 604(k) ), as amended by subsection (a) of this section, is amended by adding at the end the following: (2) Direct spending on child care services or activities A State to which a grant is made under this part shall not use the grant for direct spending on child care and other early childhood education programs, services, or activities. . (d) Limitation on use of funds for child welfare services or activities Section 404(k) ( 42 U.S.C. 604(k) ), as amended by subsections (a) and (c) of this section, is amended— (1) in the subsection heading, by inserting ; limitation after Prohibitions ; and (2) by adding at the end the following: (3) Limitation on use of funds for child welfare services or activities A State may use not more than 10 percent of a grant made to the State under section 403(a)(1) for child welfare services or activities, taking into account any amount transferred under subsection (d)(2) of this section. . (e) Expansion of authority To transfer funds Section 404(d) ( 42 U.S.C. 604(d) ) is amended by striking paragraphs (1) through (3) and inserting the following: (1) In general A State may transfer not more than 50 percent of the grant made to the State under section 403(a)(1) to a State program pursuant to any or all of the following provisions of law: (A) The Child Care and Development Block Grant Act of 1990. (B) Title I of the Workforce Innovation and Opportunity Act. (C) Subpart 1 of part B of this title. (2) Limitation on amount transferable to subpart 1 of part b A State may transfer not more than 10 percent of a grant made to the State under section 403(a)(1) to carry out State programs operated pursuant to the State plan developed under subpart 1 of part B, taking into account any amount used as described in subsection (k)(3) of this section. (3) Applicable rules (A) In general Except as provided in subparagraph (B) of this paragraph, any amount paid to a State under this part that is used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this part, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program, and the expenditure of any amount so used shall not be considered to be an expenditure under this part. (B) Funds transferred to the WIOA In the case of funds transferred under paragraph (1)(B) of this subsection— (i) the State shall provide an assurance that the funds will be used to support individuals eligible for assistance or services under this part pursuant to subsection (k)(1); and (ii) not more than 15 percent of the funds will be reserved for statewide workforce investment activities referred to in section 128(a)(1) of the Workforce Innovation and Opportunity Act. (4) WIOA transfer authority not available to States excluding the State JOBS program as a mandatory one-stop partner under the WIOA The authority provided by paragraph (1)(B) of this subsection may not be exercised by a State that has provided the notification referred to in section 407(a)(2)(F). . 9. Targeting funds to core purposes (a) Requirement that States reserve 25 percent of JOBS grant for spending on core activities Section 408(a) ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Requirement that States reserve 25 percent of JOBS grant for spending on core activities A State to which a grant is made under section 403(a)(1) for a fiscal year shall expend not less than 25 percent of the grant on assistance, case management, work supports and supportive services, work, wage subsidies, work activities (as defined in section 407(d)), and non-recurring short-term benefits. . (b) Requirement that at least 25 percent of qualified State expenditures be for core activities Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subsection (a) of this section, is amended by adding at the end the following: (14) Requirement that at least 25 percent of qualified State expenditures be for core activities Not less than 25 percent of the qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) of a State during the fiscal year shall be for assistance, case management, work supports and supportive services, work, wage subsidies, work activities (as defined in section 407(d)), and non-recurring short-term benefits. . (c) Phase-Out of counting of Third-Party contributions as qualified State expenditures Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subsections (a) and (b) of this section, is amended by adding at the end the following: (15) Phase-out of counting of third-party contributions as qualified State expenditures (A) In general The qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of a State for a fiscal year that are attributable to the value of goods and services provided by a source other than a State or local government shall not exceed the applicable percentage of the expenditures for the fiscal year. (B) Applicable percentage In subparagraph (A), the term applicable percentage means, with respect to a fiscal year— (i) 75 percent, in the case of fiscal year 2023; (ii) 50 percent, in the case of fiscal year 2024; (iii) 25 percent, in the case of fiscal year 2025; and (iv) 0 percent, in the case of fiscal year 2026 or any succeeding fiscal year. . 10. Strengthening program integrity by measuring improper payments Section 404 ( 42 U.S.C. 604 ) is amended by adding at the end the following: (l) Applicability of improper payments laws (1) In general The Improper Payments Information Act of 2002 and the Improper Payments Elimination and Recovery Act of 2010 shall apply to a State in respect of the State program funded under this part in the same manner in which such Acts apply to a Federal agency. (2) Regulations Within 2 years after the date of the enactment of this subsection, the Secretary shall prescribe regulations governing how a State reviews and reports improper payments under the State program funded under this part. . 11. Prohibition on State diversion of Federal funds to replace State spending Section 408(a) ( 42 U.S.C. 608(a) ), as amended by section 9 of this Act, is amended by adding at the end the following: (16) Non-supplantation requirement Funds made available to a State under this part shall be used to supplement, not supplant, State general revenue spending on activities described in section 404. . 12. Inclusion of poverty reduction as a program purpose Section 401(a) ( 42 U.S.C. 601(a) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following: (5) reduce child poverty by increasing employment entry, retention, and advancement of needy parents. . 13. Welfare for needs not weed (a) Prohibition Section 408(a)(12)(A) ( 42 U.S.C. 608(a)(12)(A) ) is amended— (1) by striking or at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ; or ; and (3) by adding at the end the following: (iv) any establishment that offers marihuana (as defined in section 102(16) of the Controlled Substances Act) for sale. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 3 years after the date of the enactment of this Act. 14. Strengthening accountability through HHS approval of State plans (a) In general Section 402 ( 42 U.S.C. 602 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking 27-month and inserting 24-month ; and (ii) by striking found and inserting approved that ; and (B) in paragraph (1)— (i) in subparagraph (A)— (I) by striking clauses (ii) and (iii) and inserting the following: (ii) Require work-eligible individuals (as defined in the regulations promulgated pursuant to section 407(i)(1)(A)(i)) to engage in work activities consistent with section 407(c). The document shall describe any in-home parenting program participation in which will be considered by the State as a work activity pursuant to section 407(d)(13). ; (II) by redesignating clauses (iv) through (viii) as clauses (iii) through (vii), respectively; and (III) by adding at the end the following: (viii) Describe the case management practices of the State with respect to the requirements of section 408(b), provide a copy of the form or forms that will be used to assess a work-eligible individual (as so defined) and prepare an individual opportunity plan for the individual, describe how the State will ensure that such a plan is reviewed in accordance with section 408(b)(6), and describe how the State will measure progress under the plan. (ix) Propose the requisite levels of performance for the State for purposes of section 407(a) for each year in the 2-year period referred to in subsection (d) of this section, and provide an explanation with supporting data of why each such level is appropriate. (x) Describe how the State will engage low-income noncustodial parents who owe child support and how such a parent will be provided with access to work support and other services under the program to which the parent is referred to support their employment and advancement. (xi) Describe how the State will comply with improper payments provisions in section 404(l). (xii) Describe coordination with other programs, including whether the State intends to exercise authority provided by section 404(d) of this Act to transfer any funds paid to the State under this part, provide assurance that, in the case of a transfer to carry out a program under title I of the Workforce Innovation and Opportunity Act, the State will comply with section 404(d)(3)(B) of this Act and coordinate with the one-stop delivery system under the Workforce Innovation and Opportunity Act, and describe how the State will coordinate with the programs involved to provide services to families receiving assistance under the program referred to in paragraph (1) of this subsection. (xiii) Describe how the State will promote marriage, such as through temporary disregard of the income of a new spouse when an individual receiving assistance under the State program marries so that the couple doesn’t automatically lose benefits due to marriage. (xiv) Describe how the State will allow for a transitional period of benefits, such as through temporary earned income disregards or a gradual reduction in the monthly benefit amount, for an individual receiving assistance who obtains employment and becomes ineligible due to an increase in income obtained through employment or through an increase in wages. ; and (ii) in subparagraph (B), by striking clauses (iv) and (v); (2) by striking subsection (c) and inserting the following: (c) Public availability of State plans The Secretary shall make available to the public a link to any plan or plan amendment submitted by a State under this subsection. ; and (3) by adding at the end the following: (d) 2 -Year plan A plan submitted pursuant to this section shall be designed to be implemented during a 2-year period. (e) Combined plan allowed A State may submit to the Secretary and the Secretary of Labor a combined State plan that meets the requirements of subsections (a) and (d) and that is for programs and activities under the Workforce Innovation and Opportunity Act. (f) Approval of plans The Secretary shall approve any plan submitted pursuant to this section that meets the requirements of subsections (a) through (d). . (b) Duties of the Secretary (1) Coordination of activities; dissemination of information Section 416 ( 42 U.S.C. 616 ) is amended— (A) by inserting (a) In general.— before The programs ; and (B) by adding at the end the following: (b) Coordination of activities The Secretary shall coordinate all activities of the Department of Health and Human Services relating to work activities (as defined in section 407(d)) and requirements and measurement of employment outcomes, and, to the maximum extent practicable, coordinate the activities of the Department in this regard with similar activities of other Federal entities. (c) Dissemination of information The Secretary shall disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of State and tribal programs funded under this part. . (c) Technical assistance (1) In general Section 406 ( 42 U.S.C. 606 ) is amended to read as follows: 406. Technical assistance (a) In general The Secretary shall provide technical assistance to States and Indian tribes (which may include providing technical assistance on a reimbursable basis), which shall be provided by qualified experts on practices grounded in scientifically valid research, where appropriate, to support activities-related publication of State performance under section 407(b) and to carry out State and tribal programs funded under this part. (b) Reservation of funds The Secretary shall reserve not more than 0.25 percent of the amount appropriated by section 403(a)(1)(C) for a fiscal year to carry out subsection (a) of this section. . (2) Conforming amendment Section 403(a)(1)(B) ( 42 U.S.C. 603(a)(1)(B) ) is amended by striking percentage specified in section 413(h)(1) and inserting the sum of the percentages specified in sections 406(b) and 413(h) . 15. Aligning and improving data reporting (a) Requirement that States report Full-Population data Section 411(a)(1) ( 42 U.S.C. 611(a)(1) ) is amended— (1) by striking subparagraph (B); (2) by striking (1) General reporting requirement.— ; and (3) by— (A) redesignating— (i) subparagraph (A) as paragraph (1); (ii) clauses (i) through (xvii) of subparagraph (A) as subparagraphs (A) through (Q), respectively; (iii) subclauses (I) through (V) of clause (ii) as clauses (i) through (v), respectively; (iv) subclauses (I) through (VII) of clause (xi) as clauses (i) through (vii), respectively; and (v) subclauses (I) through (V) of clause (xvi) as clauses (i) through (v), respectively; and (B) moving each such redesignated provision 2 ems to the left. (b) Report on participation in work activities Section 411(a)(1) ( 42 U.S.C. 611(a)(1) ), as amended by subsection (a)(3) of this section, is amended by striking subparagraphs (K) and (L) and inserting the following: (K) The work eligibility status of each individual in the family, and— (i) in the case of each work-eligible individual (as defined in the regulations promulgated pursuant to section 407(i)(1)(A)(i)) in the family— (I) the number of hours (including zero hours) per month of participation in— (aa) work activities (as defined in section 407(d)); and (bb) any other activity required by the State to remove a barrier to employment; and (ii) in the case of each individual in the family who is not a work-eligible individual (as so defined), the reason for that status. (L) For each work-eligible individual (as so defined) and each adult in the family who did not participate in work activities (as so defined) during a month, the reason for the lack of participation. . (c) Reporting of information on employment and earnings outcomes Section 411(c) ( 42 U.S.C. 611(c) ) is amended to read as follows: (c) Reporting of information on employment and earnings outcomes The Secretary, in consultation with the Secretary of Labor, shall determine the information that is necessary to compute the employment and earnings outcomes and the statistical adjustment model for the employment and earnings outcomes required under section 407, and each eligible State shall collect and report that information to the Secretary. . 16. Technical corrections to data exchange standards to improve program coordination (a) In general Section 411(d) ( 42 U.S.C. 611(d) ) is amended to read as follows: (d) Data exchange standards for improved interoperability (1) Designation The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, by rule, designate data exchange standards to govern, under this part— (A) necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable Federal law to electronically exchange with another State agency; and (B) Federal reporting and data exchange required under applicable Federal law. (2) Requirements The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language; (B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; (C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance; (D) be consistent with and implement applicable accounting principles; (E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and (F) be capable of being continually upgraded as necessary. (3) Rule of construction Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient. . (b) Effective date Not later than the date that is 24 months after the date of the enactment of this section, the Secretary of Health and Human Services shall issue a proposed rule that— (1) identifies federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges; and (2) specifies State implementation options and describes future milestones. 17. Set-aside for economic downturns Section 404(e) ( 42 U.S.C. 604(e) ) is amended to read as follows: (e) Deadlines for obligation and expenditures of funds by States (1) In general Except as provided in paragraph (2), a State to which a grant is made under section 403(a)(1) shall obligate the funds within 2 years after the date the funds are made available, and shall expend the funds within 3 years after such date. (2) Exception for limited amount of funds set aside for future use (A) In general A State to which funds are paid under section 403(a)(1) may reserve not more than 15 percent of the funds for use in the State program funded under this part without fiscal year limitation. (B) Notice of intent to reserve funds A State that intends to reserve funds paid to the State under section 402(a)(1) shall notify the Secretary of the intention not later than the end of the period in which the funds are available for obligation without regard to subparagraph (A) of this paragraph. . 18. Definitions related to use of funds Section 419 ( 42 U.S.C. 619 ) is amended by adding at the end the following: (6) Assistance The term assistance means cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs (such as for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). (7) Work supports The term work supports means assistance and non-assistance transportation benefits (such as the value of allowances, bus tokens, car payments, auto repair, auto insurance reimbursement, and van services) provided in order to help families obtain, retain, or advance in employment, participate in work activities (as defined in section 407(d)), or as a non-recurrent, short-term benefit, including goods provided to individuals in order to help them obtain or maintain employment (such as tools, uniforms, fees to obtain special licenses, bonuses, incentives, and work support allowances and expenditures for job access). (8) Supportive services The term supportive services means services such as domestic violence services, and mental health, substance abuse and disability services, housing counseling services, and other family supports, except to the extent that the provision of the service would violate section 408(a)(6). (9) JOBS benefit The term JOBS benefit means— (A) assistance; or (B) wage subsidies that are paid, with funds provided under section 403(a) or with qualified State expenditures, with respect to a person who— (i) was a work-eligible individual (as defined in the regulations promulgated pursuant to section 407(i)(1)(A)(i)) at the time of entry into subsidized employment, such as on-the-job training or apprenticeship; and (ii) is not receiving assistance. . 19. Elimination of obsolete provisions (a) Elimination of supplemental grants to States Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (3). (b) Elimination of bonus To Reward high performance States (1) In general Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (4). (2) Conforming amendment Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by striking “403(a)(4),”. (c) Elimination of Welfare-to-Work grants (1) In general Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (5). (2) Conforming amendments (A) Elimination of exclusion from time limit Section 408(a)(7) ( 42 U.S.C. 608(a)(7) ) is amended by striking subparagraph (G). (B) Elimination of penalty for misuse of competitive welfare-to-work funds Section 409(a)(1) ( 42 U.S.C. 609(a)(1) ) is amended by striking subparagraph (C). (C) Elimination of exclusion from qualified State expenditures of State funds used to match welfare-to-work grant funds Section 409(a)(7)(B)(iv) ( 42 U.S.C. 609(a)(7)(B)(iv) ) is amended in the 1st sentence— (i) by adding or at the end of subclause (II); and (ii) by striking subclause (III) and redesignating subclause (IV) as subclause (III). (D) Elimination of penalty for failure of state to maintain historic effort during year in which welfare-to-work grant is received Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (13). (E) Elimination of requirements relating to welfare-to-work grants in quarterly state reports Section 411(a) ( 42 U.S.C. 611(a) ), as amended by section 15(a) of this Act, is amended— (i) in paragraph (1), by striking (except for information relating to activities carried out under section 403(a)(5)) ; and (ii) in each of paragraphs (2) through (4), by striking the comma and all that follows and inserting a period. (F) Indian tribal programs Section 412(a) ( 42 U.S.C. 612(a) ) is amended by striking paragraph (3). (G) Elimination of requirement to disclose certain information to private industry council receiving welfare-to-work funds Section 454A(f) ( 42 U.S.C. 654a(f) ) is amended by striking paragraph (5). (H) Grants to territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by striking “403(a)(5),”. (d) Elimination of Contingency Fund (1) In general Section 403 ( 42 U.S.C. 603 ) is amended by striking all of subsection (b) except paragraph (5). (2) Conforming amendments (A) Transfer of needy State definition (i) In general Paragraph (5) of section 403(b) ( 42 U.S.C. 603(b)(5) ) is— (I) amended— (aa) in the matter preceding subparagraph (A), by striking paragraph (4) and inserting subparagraph (C) ; (bb) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (cc) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (dd) by redesignating such paragraph as subparagraph (D); and (ee) by moving each provision 2 ems to the right; and (II) as so amended, hereby transferred into section 409(a)(3) ( 42 U.S.C. 609(a)(3) ) and added to the end of such section. (ii) Conforming amendment Section 409(a)(3)(C) ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking (as defined in section 403(b)(5)) . (B) Elimination of penalty for failure of state receiving amounts from contingency fund to maintain 100 percent of historic effort Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10). (e) Conforming amendments related to elimination of Federal loans for state welfare programs (1) Elimination of associated penalty provision (A) In general Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (6). (B) Conforming amendments Section 412(g)(1) ( 42 U.S.C. 612(g)(1) ) is amended by striking (a)(6), . (2) Elimination of provision providing for tribal eligibility Section 412 ( 42 U.S.C. 612 ) is amended by striking subsection (f). (3) Elimination of disregard of loan in applying limit on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by striking 406, . (f) Elimination of limitations on other State programs funded with qualified State expenditures (1) The following provisions are each amended by striking or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) : (A) Paragraphs (1) and (2) of section 407(e) ( 42 U.S.C. 607(e)(1) and (2)). (B) Section 411(a)(1) ( 42 U.S.C. 611(a)(1) ), as amended by section 15(a)(3)(A)(i) of this Act. (C) Subsections (d) and (e)(1) of section 413 ( 42 U.S.C. 613(d) and (e)(1)). (2) Section 413(a) ( 42 U.S.C. 613(a) ) is amended by striking and any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) . (g) Conforming amendments related to elimination of report (1) In general Section 409(a)(2) ( 42 U.S.C. 609(a)(2) ) is amended— (A) in the paragraph heading, by inserting quarterly before report ; (B) in subparagraph (A)(ii), by striking clause (i) and inserting subparagraph (A) ; (C) by striking (A) Quarterly reports.— ; (D) by striking subparagraph (B); and (E) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively (and adjusting the margins accordingly). (2) Conforming amendments (A) Section 409(b)(2) ( 42 U.S.C. 609(b)(2) ) is amended by striking and, and all that follows and inserting a period. (B) Section 409(c)(4) ( 42 U.S.C. 609(c)(4) ) is amended by striking (2)(B), . (h) Annual reports to Congress Section 411(b)(1)(A) ( 42 U.S.C. 611(b)(1)(A) ) is amended by striking participation rates and inserting outcome measures . (i) Reduction in force provisions Section 416(a) ( 42 U.S.C. 616(a) ), as so designated by section 14(b)(1)(A) of this Act, is amended by striking , and the Secretary and all that follows and inserting a period. (j) Conforming Cross-References (1) Section 409 ( 42 U.S.C. 609 ) is amended— (A) in subsection (a)(7)(B)(i)(III), by striking (12) and inserting (10) ; (B) in subsection (a) (as amended by subsections (c)(2)(D), (d)(2)(B), and (e)(1)(A) of this section), by redesignating paragraphs (7), (8), (9), (11), (12), (14), (15), and (16) as paragraphs (6) through (13), respectively; (C) in subsection (b)(2), by striking (8), (10), (12), or (13) and inserting or (10) ; and (D) in subsection (c)(4), by striking (8), (10), (12), (13), or (16) and inserting (10), or (13) . (2) Section 452 ( 42 U.S.C. 652 ) is amended in each of subsections (d)(3)(A)(i) and (g)(1) by striking 409(a)(8) and inserting 409(a)(7) . (k) Modifications to Maintenance-of-Effort requirement Section 409(a)(6)(B)(i) ( 42 U.S.C. 609(a)(6)(B)(i) ), as redesignated by subsection (j)(1)(B) of this section, is amended— (1) in subclause (I)— (A) in the matter preceding item (aa), by striking all State programs and inserting the State program funded under this part ; (B) by redesignating items (dd) and (ee) as items (ee) and (ff), respectively, and inserting after item (cc) the following: (dd) Expenditures for a purpose described in paragraph (3), (4), or (5) of section 401(a). ; and (C) in item (ee) (as so redesignated), by striking and (ee) and inserting (dd), and (ff) ; (2) by striking subclause (V); and (3) in subclause (IV), by inserting , except any of such families whose monthly income exceeds twice the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 ( 42 U.S.C. 9902(2) )) before the period. 20. Effective date Except as provided in section 13(b), the amendments made by this Act shall take effect on October 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2381is/xml/BILLS-117s2381is.xml |
117-s-2382 | 117th CONGRESS 1st Session S. 2382 IN THE SENATE OF THE UNITED STATES AN ACT To authorize the National Cyber Director to accept details from other elements of the Federal Government on nonreimbursable basis, and for other purposes.
1. Authority for National Cyber Director to accept details on nonreimbursable basis Section 1752(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting such subparagraphs two ems to the right; (2) in the matter before subparagraph (A), as redesignated by paragraph (1), by striking The Director may and inserting the following: (1) In general The Director may ; (3) in paragraph (1)— (A) as redesignated by paragraph (2), by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively; and (B) by inserting after subparagraph (B) the following new subparagraph (C): (C) accept officers or employees of the United States or member of the Armed Forces on a detail from an element of the intelligence community or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years; ; and (4) by adding at the end the following new paragraph: (2) Rules of construction regarding details Paragraph (1)(C) shall not be construed to impose any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made under such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director. .
Passed the Senate July 22, 2021. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s2382es/xml/BILLS-117s2382es.xml |
117-s-2383 | II 117th CONGRESS 1st Session S. 2383 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Crapo (for himself, Mr. Bennet , Mr. Risch , and Ms. Lummis ) 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 facilitate water leasing and water transfers to promote conservation and efficiency.
1. Short title This Act may be cited as the Water and Agriculture Tax Reform Act of 2021 . 2. Facilitate water leasing and water transfers to promote conservation and efficiency (a) In general Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (K) Treatment of mutual ditch irrigation companies (i) In general In the case of a mutual ditch or irrigation company or of a like organization to a mutual ditch or irrigation company, subparagraph (A) shall be applied without taking into account— (I) any income received or accrued from the sale, lease, or exchange of fee or other interests in real and personal property, including interests in water (other than income derived from the sale, lease, or transfer of water to nonmembers outside the river basin or basins within which the mutual ditch or irrigation company operates), (II) any income received or accrued from the sale or exchange of stock in a mutual ditch or irrigation company (or in a like organization to a mutual ditch or irrigation company) or contract rights for the delivery or use of water, or (III) any income received or accrued from the investment of income described in subclause (I) or (II), except that any income described in subclause (I), (II), or (III) which is distributed or expended for expenses (other than for operations, maintenance, and capital improvements) of the mutual ditch or irrigation company or of the like organization to a mutual ditch or irrigation company (as the case may be) shall be treated as nonmember income in the year in which it is distributed or expended. For purposes of the preceding sentence, expenses (other than for operations, maintenance, and capital improvements) include expenses for the construction of conveyances designed to deliver water outside of the system of the mutual ditch or irrigation company or of the like organization. (ii) Treatment of organizational governance In the case of a mutual ditch or irrigation company or of a like organization to a mutual ditch or irrigation company, where State law provides that such a company or organization may be organized in a manner that permits voting on a basis which is pro rata to share ownership on corporate governance matters, subparagraph (A) shall be applied without taking into account whether its member shareholders have one vote on corporate governance matters per share held in the corporation. Nothing in this clause shall be construed to create any inference about the requirements of this subsection for companies or organizations not included in this clause. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2383is/xml/BILLS-117s2383is.xml |
117-s-2384 | II 117th CONGRESS 1st Session S. 2384 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Toomey (for himself, Mr. Casey , Mrs. Shaheen , Mr. Cotton , Mrs. Capito , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of the semiquincentennial anniversary of the establishment of the United States.
1. Short title This Act may be cited as the Semiquincentennial Commemorative Coin Act . 2. Findings The Congress finds the following: (1) July 4, 1776, was the date on which the unanimous declaration of the thirteen United States of America was passed, declaring the Nation as independent. (2) July 4, 2026, will mark the 250th anniversary of us declaring our independence. (3) It is common practice to celebrate moments such as this in the history of our country through the minting of a commemorative coin. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins in commemoration of the semiquincentennial anniversary of the establishment of the United States: (1) $25.00 Gold Coins Not more than 100,000 $25.00 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $2.50 Silver Coins Not more than 500,000 $2.50 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) 25 cent clad coins Not more than 750,000 quarter dollar coins, which shall— (A) weigh 5.67 grams; (B) have a diameter of 0.955 inches; and (C) be minted to the specifications for quarter dollar coins, contained in section 5112(b) of title 31, United States Code. (4) Proof silver $2.50 coins The Secretary shall mint and issue not more than 100,000 proof silver $2.50 coins, each of which shall— (A) weigh 5 ounces; (B) have a diameter of 3 inches; and (C) contain .999 fine silver. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage limit exception If the Secretary determines, based on independent, market based research conducted by the designated recipient organization identified in section 7(b) that the mintage levels described under this subsection are not adequate to meet public demand, the Secretary may increase the mintage levels as the Secretary determines is necessary to meet public demand. 4. Designs of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall be emblematic of the semiquincentennial anniversary of the establishment of the United States of America and celebrate 250 years of our Nation. (2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the years 1776–2026 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Semiquincentennial Commission, the America 250 Foundation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facilities Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins under this Act only during the period beginning on January 1, 2026, and ending on December 31, 2026. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the gold coins. (2) A surcharge of $10 per coin for the silver coins. (3) A surcharge of $5 per coin for the quarter dollar coins. (4) A surcharge of $50 per coin for the $2.50 5 ounce proof silver coins. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be paid to the America 250 Foundation to fund the restoration, rehabilitation, and interpretation of units of America’s National Park System and its related areas, as a legacy of the United States Semiquincentennial commemoration. (c) Audits The America 250 Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2384is/xml/BILLS-117s2384is.xml |
117-s-2385 | II 117th CONGRESS 1st Session S. 2385 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mrs. Feinstein (for herself, Mr. Toomey , Mr. Menendez , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to eliminate the corn ethanol mandate for renewable fuel.
1. Short title This Act may be cited as the Corn Ethanol Mandate Elimination Act of 2021 . 2. Elimination of corn ethanol mandate for renewable fuel (a) Removal of table Section 211(o)(2)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B)(i) ) is amended by striking subclause (I). (b) Conforming amendments Section 211(o)(2)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B) ) is amended— (1) in clause (i)— (A) by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively; (B) in subclause (I) (as so redesignated), by striking of the volume of renewable fuel required under subclause (I), ; and (C) in subclauses (II) and (III) (as so redesignated), by striking subclause (II) each place it appears and inserting subclause (I) ; and (2) in clause (v), by striking clause (i)(IV) and inserting clause (i)(III) . (c) Administration Nothing in this section or the amendments made by this section affects the volumes of advanced biofuel, cellulosic biofuel, or biomass-based diesel that are required under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2385is/xml/BILLS-117s2385is.xml |
117-s-2386 | II 117th CONGRESS 1st Session S. 2386 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Blumenthal (for himself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend the VA MISSION Act of 2018, to expand the peer specialist support program of the Department of Veterans Affairs to all medical centers of the Department, and for other purposes.
1. Short title This Act may be cited as the Veteran Peer Specialist Act of 2021 . 2. Expansion of peer specialist support program of Department of Veterans Affairs (a) Expansion Section 506 of the VA MISSION Act of 2018 ( Public Law 115–182 ; 38 U.S.C. 1701 note) is amended— (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in subsection (b), in the subsection heading, by striking Timeframe and inserting Initial timeframe ; (3) in subsection (c)— (A) in the subsection heading, by striking Selection and inserting Initial selection ; and (B) in paragraph (1), in the matter preceding subparagraph (A), by striking The Secretary shall and inserting In establishing the program at initial locations, the Secretary shall ; (4) by inserting after subsection (c) the following new subsection: (d) Timeframe for expansion of program; selection of additional locations (1) Timeframe for expansion The Secretary shall make permanent and expand the program to additional medical centers of the Department as follows: (A) As of the date of the enactment of the Veteran Peer Specialist Act of 2021 , at each medical center participating in the program on the day before such date of enactment. (B) During the five-year period following such date of enactment, at an additional 25 medical centers per year until the program is carried out at each medical center of the Department. (2) Selection of additional locations In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is participating in the program by establishing not fewer than two peer specialists at the medical center, the Secretary shall prioritize medical centers in the following areas: (A) Rural areas and other areas that are underserved by the Department. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. ; (5) in subsection (e), as redesignated by paragraph (1)— (A) in the subsection heading, by striking Gender-specific services and inserting Considerations for hiring peer specialists ; (B) in the matter preceding paragraph (1), by striking location selected under subsection (c) and inserting medical center ; and (C) by striking paragraph (2) and inserting the following new paragraphs: (2) female peer specialists are hired and made available to support female veterans who are treated at each medical center; and (3) to the extent practical, peer specialists are hired in demographic percentages that reflect the racial and ethnic demographic percentages of the overall veteran population. ; and (6) by amending subsection (g), as redesignated by paragraph (1), to read as follows: (g) Reports (1) Periodic reports (A) In general Not later than one year after the date of the enactment of the Veteran Peer Specialist Act of 2021 , and annually thereafter for five years, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program, including the expansion of the program under subsection (d)(1). (B) Elements Each report under subparagraph (A) shall include, with respect to the one-year period preceding the submission of the report, the following: (i) The findings and conclusions of the Secretary with respect to the program. (ii) An assessment of the benefits of the program to veterans and family members of veterans. (iii) An assessment of the effectiveness of peer specialists in engaging under subsection (f) with health care providers in the community and veterans served by such providers. (iv) The name and location of each medical center where new peer specialists were hired. (v) The number of new peer specialists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section. (vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists. (2) Final report Not later than one year after the Secretary determines that the program is being carried out at each medical center of the Department, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report notifying such committees of that determination. . (b) Authorization of appropriations There is authorized to be appropriated to carry out the amendments made by this section $5,000,000 for each of fiscal years 2022 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s2386is/xml/BILLS-117s2386is.xml |
117-s-2387 | II 117th CONGRESS 1st Session S. 2387 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve the deduction for qualified business income.
1. Short title This Act may be cited as the Small Business Tax Fairness Act . 2. Modifications to deduction for qualified business income (a) In general (1) Eligibility (A) Deduction limited to individuals (i) In general Section 199A(a) of the Internal Revenue Code of 1986 is amended by striking In the case of a taxpayer other than a corporation and inserting In the case of an individual . (ii) Application to trusts and estates Section of such Code is amended by adding at the end the following new subsection: (j) Deduction for qualified business income No deduction shall be allowed under section 199A to an estate or trust. . (B) Married taxpayers must file joint return Section 199A(f) of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) No deduction for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. . (2) Amount of deduction (A) Determination of amount Subsection (a) of section 199A of the Internal Revenue Code of 1986 is amended by striking an amount equal to the lesser of and all that follows and inserting an amount equal to 20 percent of the least of— (1) the qualified business income of the taxpayer, (2) the threshold amount, or (3) the taxable income of the taxpayer for the taxable year reduced by the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year. . (B) Modification of threshold amount (i) In general Section 199A(e)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Threshold amount The term threshold amount means $400,000. . (C) Limitations Subsection (b) of section 199A of such Code is amended to read as follows: (b) Limitations (1) Limitation based on taxable income The amount of the deduction allowed under subsection (a) (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such amount as— (A) the excess of the taxpayer's taxable income over the threshold amount, bears to (B) $100,000. (2) Special rules with respect to income received from cooperatives In the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount of qualified business income taken into account under subsection (a)(1) with respect to such trade or business shall be reduced by the lesser of— (A) 9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or (B) 50 percent of so much of the W–2 wages (as defined in subsection (g)(1)) with respect to such trade or business as are so allocable. . (3) Treatment of qualified REIT dividends (A) In general Section 199A(c) of such Code is amended— (i) by striking the last sentence in paragraph (1) and inserting Such term shall include qualified REIT dividends. , and (ii) by inserting (other than a qualified REIT dividend) after Any dividend in paragraph (3)(B)(ii). (B) Technical amendment Section 199A(e)(3) of such Code is amended by adding at the end the following new flush sentence: Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met or to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property. . (4) Conforming amendments (A) Section 199A(c)(1) of the Internal Revenue Code of 1986 is amended by striking any qualified trade or business and inserting all qualified trades or businesses . (B) Section 199A(e) of such Code is amended by striking paragraph (4). (C) Section 199A(f) of such Code, as amended by paragraph (1), is amended— (i) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively, and (ii) by striking paragraph (1) and inserting the following: (1) Application to partnerships and S corporations In the case of a partnership or S corporation— (A) this section shall be applied at the partner or shareholder level, and (B) each partner or shareholder shall take into account such person's allocable share of each qualified item of income, gain, deduction, and loss. For purposes of this paragraph, in the case of an S corporation, an allocable share shall be the shareholder’s pro rata share of an item. (2) Treatment of trades or businesses in Puerto Rico In the case of any taxpayer with qualified business income from sources within the commonwealth of Puerto Rico, if all such income is taxable under section 1 for such taxable year, then for purposes of determining the qualified business income of such taxpayer for such taxable year, the term United States shall include the Commonwealth of Puerto Rico. . (D) Section 199A(f)(6)(A) of such Code, as redesignated by paragraph (1) and subparagraph (C), is amended by striking and wages . (E) Section 199A(g)(1)(B)(ii) of such Code is amended to read as follows: (ii) W–2 wages For purposes of this subparagraph— (I) In general The term W–2 wages means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Such amounts shall be determined after application of subsection (b). (II) Return requirement Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return. (III) Wages must be allocable to domestic production gross receipts Such term shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A). . (F) Section 199A(g)(5)(B) of such Code is amended by inserting and the determination of W–2 wages with respect to any qualified trade or business conduced in Puerto Rico shall be made without regard to any exclusion under section 3401(a)(8) for remuneration paid for services in Puerto Rico after this subsection . (G) Section 199A of such Code is amended by striking subsection (h) and by redesignating subsection (i) as subsection (h). (b) Modification of definition of qualified trade or business Section 199A(d) of the Internal Revenue Code of 1986 is amended to read as follows: (d) Qualified trade or business For purposes of this section, the term qualified trade or business means any trade or business other than the trade or business of performing services as an employee. . (c) Exclusion of mark to market gain or loss of traders in securities and commodities from qualified business income Section 199A(c)(3)(B) of the Internal Revenue Code of 1986 is amended by redesignating clause (vii) as clause (viii) and by inserting after clause (vi) the following new clause: (vii) Any gain or loss taken into account under section 475(f). . (d) Treatment of qualified business income distributed by RICs (1) In general Section 852(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (10) Treatment by shareholders of qualified business income (A) In general In any case in which— (i) a dividend is received from a regulated investment company, and (ii) such company meets the requirements of subsection (a) for the taxable year during which it paid such dividend, then every shareholder of such company shall treat as qualified business income under section 199A(c) that portion of such dividend reported by such company as eligible for such treatment in written statements furnished to its shareholders. (B) Limitation For purposes of subparagraph (A), the aggregate amount which may be reported as dividends eligible to be treated as qualified business income under section 199A(c) shall not exceed the sum of— (i) the qualified REIT dividends (as defined in section 199A(e)) received by the company for the taxable year, plus (ii) the net amount of the company's allocable share for the taxable year of each qualified item of income, gain, deduction, and loss (as defined in subsection (c)(3) of section 199A, determined after the application of subsection (c)(4) thereof) from a publicly traded partnership (as defined in section 7704(b)) which is not treated as a corporation under section 7704(a). . (2) Conforming amendment Section 199A(c) of such Code is amended by adding at the end the following new paragraph: (5) Treatment of certain dividends received from regulated investment companies For the treatment under paragraph (1) of certain dividends received from regulated investment companies, see section 852(b)(10). . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2387is/xml/BILLS-117s2387is.xml |
117-s-2388 | II 117th CONGRESS 1st Session S. 2388 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the designation of composting as a conservation practice and activity, to provide grants and loan guarantees for composting facilities and programs, and for other purposes.
1. Short title This Act may be cited as the Cultivating Organic Matter through the Promotion Of Sustainable Techniques Act or the COMPOST Act . 2. Composting as conservation practice (a) Conservation standards and requirements Section 1241(j) of the Food Security Act of 1985 ( 16 U.S.C. 3841(j) ) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Composting as conservation practice and activity (A) In general The Secretary shall by regulation provide that composting is a conservation practice and a conservation activity for the purposes of this title. (B) Definition of composting (i) In general In this paragraph, the term composting means— (I) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is— (aa) generated on a farm; or (bb) brought to a farm from a nearby community and used to produce compost on that farm; and (II) the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health. (ii) Determination of nearby communities The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions. . (b) Conservation stewardship program Section 1240I(2)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(2)(B)(i) ) is amended by inserting and composting practices after agriculture drainage management systems . (c) Environmental quality incentives program Section 1240A(6)(A)(ii) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(A)(ii) ) is amended by inserting , including composting practices before the semicolon at the end. (d) Delivery of technical assistance Section 1242(h) of the Food Security Act of 1985 ( 16 U.S.C. 3842(h) ) is amended by adding at the end the following: (5) Development of composting practice standard In addition to conducting a review under this subsection of any composting facility practice standard established before the date of enactment of this paragraph, the Secretary shall establish a composting practice standard under the process developed under paragraph (3). . 3. Composting grant and loan guarantee program The Consolidated Farm and Rural Development Act is amended by inserting after section 310I ( 7 U.S.C. 1936c ) the following: 310J. Grants and loan guarantees for composting programs (a) Definitions In this section: (1) Centralized commercial composting facility The term centralized commercial composting facility means a regional composting facility that produces at least 10,000 tons of compost annually. (2) Source separated organics (A) In general The term source separated organics means organic waste that is separated from other waste by the waste generator. (B) Inclusion The term source separated organics includes materials that are certified to meet ASTM standard D6400 or D6868. (C) Exclusion The term source separated organics does not include mixed solid waste. (b) Program The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish and carry out a program to award grants and loan guarantees, on a competitive basis, for projects that expand access to food waste composting. (c) Grants (1) Amount (A) Cost share The total amount of grant funds awarded for a project under this section shall not exceed 75 percent of the cost of the project for which the grant is awarded, as determined by the Secretary. (B) Maximum The total amount of grant funds awarded for a project under this subsection shall not exceed $5,000,000. (2) Allocation Of funds made available to carry out this subsection in each fiscal year, the Secretary shall allocate not less than 25 percent to projects that do not include the use of centralized commercial composting facilities, to the extent there are sufficient applications for those projects. (3) Timeline An entity receiving a grant under this subsection shall fully expend the awarded grant funds within 3 years of receiving the funds. (4) Eligible entities The Secretary may award a grant under this subsection to any of the following entities: (A) A State, local, territorial, or Tribal government. (B) A local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )). (C) An institution of higher education. (D) A nonprofit organization. (E) A farmer or rancher. (F) A consortium of any of the entities described in subparagraphs (A) through (E). (G) 1 or more of any of the entities described in subparagraphs (A) through (F), in coordination with a for-profit organization. (d) Loan guarantees (1) Amount (A) Cost share The Secretary may award a loan guarantee under this section in an amount that does not exceed 80 percent of the cost of a project that is eligible for assistance under this section, as determined by the Secretary. (B) Maximum The Secretary may not provide a loan guarantee under this section in an amount that exceeds $5,000,000. (2) Eligible entities The Secretary may award a loan guarantee under this section to a for-profit organization, farmer, or rancher that demonstrates successful prior experience in developing, managing, and marketing composting facilities. (e) Eligible Projects The Secretary may award grants and loan guarantees under this section for projects to carry out the following: (1) Composting facility or site permitting, planning, and construction. (2) Acquisition of machinery, equipment, and other physical necessities required to operate a composting facility, system, or program, except depackaging equipment. (3) Activities to increase the production capacity throughput of a composting facility. (4) Implementation of onsite composting systems and programs (such as home composting programs, community garden and urban farm composting, and other onsite composting systems at institutions, nonprofit organizations, and businesses). (5) Projects that are based on a distributed infrastructure strategy (such as a strategy that incorporates a mix or choice of home composting, farm and ranch composting, onsite composting, community-scale composting, or centralized commercial composting). (6) Collection of organic waste intended for processing at a composting facility or system, or through a composting program, including curbside pick-up programs, community drop-off programs, and facility- or event-specific programs (such as programs at schools, restaurants, stadiums, or festivals). (7) Activities for land-based compost application, including compost application on a farm or ranch. (8) Market development projects that create a demand for compost product or increase commercial and residential participation in composting. (f) Requirements An eligible entity applying for a grant or loan guarantee under this section shall demonstrate that the project for which that assistance is sought— (1) will— (A) result in composting of food waste (which may include such composting in combination with non-food organic waste); (B) result in increased total capacity to accept and process food waste into finished compost product; and (C) include at least 1 operator of a facility or system, if applicable, who is trained on best management practices for composting (such as odor, vector, pathogen, and contaminant control practices); (2) in the case of a market development project, is likely to create sufficient demand to increase total capacity, in the targeted market, to accept and process food waste into high-quality finished compost; or (3) in the case of land-based compost application activities, is consistent with any applicable requirements under paragraph (2) of section 1241(j) of the Food Security Act of 1985 ( 16 U.S.C. 3841(j) ). (g) Priority factors In awarding grants and loan guarantees under this section, the Secretary shall prioritize projects that include the greatest number of the following factors: (1) The project is located in or serving a location with significant access to food waste and no or limited prior access to food waste composting. (2) The project demonstrates the potential to create new capacity for the volume or weight of food waste collected and processed, or make significant gains in the number of people with access to food waste composting facilities or systems. (3) The project includes a demonstrated plan for following best management practices and producing a high-quality compost product. (4) The project incorporates the participation of small and diverse businesses (such as minority-, woman-, and veteran-owned businesses certified by the Small Business Administration or under a State program or another recognized certification program and other businesses led by Black people, Indigenous people, or other people of color). (5) The project creates opportunities for hiring and leadership development practices that are inclusive and provide living wages. (6) The project serves disadvantaged and low-income communities, engages Black farmers, Indigenous farmers, and other farmers of color, or incorporates an environmental justice plan or principles. (7) The project is for a facility or system that accepts or plans to accept and process only source separated organics. (h) Limitation The Secretary may award only 1 grant or loan guarantee under this section for any project. (i) Funding There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2031. . | https://www.govinfo.gov/content/pkg/BILLS-117s2388is/xml/BILLS-117s2388is.xml |
117-s-2389 | II 117th CONGRESS 1st Session S. 2389 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to provide grants to reduce the quantity of food waste, and for other purposes.
1. Short title This Act may be cited as the Zero Food Waste Act . 2. Food waste reduction grants (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Eligible entity The term eligible entity means— (A) a State, a local government, a territorial government, or a Tribal government; (B) a nonprofit organization; and (C) a partnership of 2 or more of any of the entities described in subparagraphs (A) and (B). (3) Food waste The term food waste means any uneaten food and inedible parts of food. (4) Food waste reduction activity The term food waste reduction activity means any method or activity that reduces the quantity of food waste disposed of in landfills or incinerated, including through prevention, rescue, upcycling, and recycling. (5) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (6) Prevent The term prevent means to forestall the generation of food waste. (7) Recycle The term recycle means to reuse food waste as a feedstock for a nonfood product. (8) Rescue The term rescue means to redirect surplus food for consumption. (9) Source separated organics (A) In general The term source separated organics means organic waste that is separated from other waste by the waste generator. (B) Inclusion The term source separated organics includes materials that are certified to meet ASTM standard D6400 or D6868. (C) Exclusion The term source separated organics does not include mixed solid waste. (10) Upcycle The term upcycle means to make new food from ingredients that otherwise would become food waste. (b) Program (1) Establishment The Administrator shall establish and carry out a program to award competitive grants in accordance with paragraph (3). (2) Purpose The purpose of the program established under paragraph (1) is to help reduce the quantity of food waste by 50 percent by 2030, relative to that quantity in 2010. (3) Grants (A) Study on food waste generation and food waste management planning Under the program established under paragraph (1), the Administrator may award a grant to an eligible entity, excluding any eligible entity that is a nonprofit organization— (i) to study— (I) the generation of food waste in the State or area in which the eligible entity is located or otherwise serves; and (II) policies and programs that significantly reduce the quantity of food waste, including policies and programs to carry out food waste reduction activities; and (ii) to develop a plan under which the eligible entity will carry out at least 1 food waste reduction activity, prioritizing prevention to the extent practicable. (B) Food waste data and reports Under the program established under paragraph (1), the Administrator may award a grant to an eligible entity, excluding any eligible entity that is a nonprofit organization— (i) to collect data on the quantity of food waste generated in the State or area in which the eligible entity is located or otherwise serves; and (ii) to publish, on any publicly available website (which may include the website of a nongovernmental organization), a monthly or quarterly report on the data collected under clause (i). (C) Food waste reduction projects Under the program established under paragraph (1), the Administrator may award a grant to an eligible entity— (i) (I) to carry out or otherwise support a food waste reduction activity; (II) to implement a differential pricing policy on the disposal of food waste— (aa) to disincentivize disposing of food waste by incineration or deposit in a landfill; and (bb) to incentivize carrying out food waste reduction activities; (III) to pay for or provide technical assistance to carry out a food waste reduction activity; (IV) to implement restrictions on disposing of food waste by incineration or deposit in a landfill; (V) to implement food waste reduction activity requirements; (VI) to implement demand-stimulating policies for recycling end-markets; or (VII) to carry out any other activity the Administrator determines will reduce the quantity of food waste in the applicable area; and (ii) to collect data and publish reports as described in subparagraph (B). (c) Applications (1) In general To apply for a grant under this section, an eligible entity shall submit to the Administrator an application at such time and in such form as the Administrator may require, which shall demonstrate how the eligible entity will use the grant in accordance with subsection (b)(3). (2) Nonprofit organizations In the case of an application under paragraph (1) from an eligible entity that is a nonprofit organization, the application shall include— (A) a letter of support for the proposed use of the grant from— (i) the relevant local government, territorial government, Tribal government, or State; or (ii) another nonprofit organization that— (I) has a demonstrated history of undertaking work in the geographic region where the proposed use of the grant is to take place, as determined by the Administrator; and (II) would not be involved in the proposed use of the grant; and (B) any other information the Administrator may require. (3) Prioritization In awarding grants under this section, the Administrator shall— (A) seek to award grants for use in diverse locations and for diverse uses; and (B) prioritize awarding grants to— (i) any eligible entity, excluding any eligible entity that is a nonprofit organization, that— (I) implements a program to carry out food waste reduction activities; or (II) has a demonstrated need, as determined by the Administrator, for additional investment in infrastructure or other resources to be able to implement a program to carry out food waste reduction activities; or (ii) an eligible entity that will use the grant in accordance with subsection (b)(3)(C)(i) in a community of color, low-income community, or Tribal community that has been disproportionately affected by adverse human health or environmental effects. (4) Anaerobic digestion projects With respect to any grant awarded under subsection (b)(3)(C) to carry out an anaerobic digestion project, the Administrator shall— (A) require the applicant to submit to the Administrator a plan for end-product recycling that, in accordance with guidelines the Administrator shall establish— (i) provides for the use of the material resulting from the project as a soil amendment; and (ii) ensures that the use of the material resulting from the project does not create an environmental hazard; and (B) require the eligible entity that is carrying out the project— (i) to limit its use of animal waste to not more than 20 percent of the total feedstock of the project; and (ii) to only use source separated organics as the portion of the total feedstock that is not animal waste. (d) Reporting (1) Effect of use of grant Each eligible entity that receives a grant under this section shall submit to the Administrator a report, at such time and in such form as the Administrator may require, on the results of the use of the grant, which shall include any relevant data requested by the Administrator for purposes of tracking the effectiveness of the program established under subsection (b)(1). (2) Annual report The Administrator shall submit to Congress and make publicly available on the website of the Environmental Protection Agency an annual report describing— (A) the effectiveness of the program established under subsection (b)(1) in reducing the quantity of food waste by 50 percent by 2030, relative to that quantity in 2010, including information on the progress of that reduction; and (B) the means by which the Administrator is promoting learning among grantees and other stakeholders to better achieve results. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $650,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2389is/xml/BILLS-117s2389is.xml |
117-s-2390 | II 117th CONGRESS 1st Session S. 2390 IN THE SENATE OF THE UNITED STATES July 20, 2021 Ms. Duckworth (for herself, Mrs. Gillibrand , Mr. Blumenthal , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow Americans to receive paid leave time to process and address their own health needs and the health needs of their partners during the period following a pregnancy loss, an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, a failed adoption arrangement, a failed surrogacy arrangement, or a diagnosis or event that impacts pregnancy or fertility, to support related research and education, and for other purposes.
1. Short title This Act may be cited as the Support Through Loss Act . 2. Purposes The purposes of this Act are— (1) to allow individuals in the United States to receive supplementary paid leave time to process and address their own health needs and the health needs of their partners during the period following a pregnancy loss, an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, a failed adoption arrangement, a failed surrogacy arrangement, or a diagnosis or event that impacts pregnancy or fertility; and (2) to support related research or education. I Paid leave following a pregnancy loss 101. Definitions In this title: (1) Assisted reproductive technology procedure The term assisted reproductive technology procedure has the meaning given the term assisted reproductive technology in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 ( 42 U.S.C. 263a–7 ). (2) Domestic partner The term domestic partner , used with respect to an unmarried employee, includes— (A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; and (B) an unmarried, adult person who is in a committed, personal relationship with the employee, who is not a domestic partner as described in subparagraph (A) to or in such a relationship with any other person, and who is designated to the employee’s employer by such employee as that employee’s domestic partner. (3) Employee The term employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E), except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (4)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code, other than an applicant for employment; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (4) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 5 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency , as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee The term employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term person has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (5) Employment benefits The term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan , as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ). (6) Paid leave time The term paid leave time means an increment of compensated leave that can be granted to an employee for use during an absence from employment for any reason described in section 102(b). (7) Secretary The term Secretary means the Secretary of Labor. (8) Spouse The term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. (9) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (10) Unpaid leave time The term unpaid leave time means the leave granted and used in the same manner and under the same conditions as paid leave time for the purposes of this title, except that no compensation shall be paid. 102. Paid leave time (a) Granting leave time (1) In general An employer shall grant to each employee employed by the employer, 24 hours of paid leave time on the employee's first workday of each calendar year. The employee shall use the paid leave time as needed during that calendar year for reasons described in subsection (b). (2) Carryover Paid leave time granted under this section shall not carry over from 1 year to the next. (3) Employers with existing policies Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this section and that is made available for all stated reasons and under all stated conditions that are the same as the reasons and conditions outlined in subsection (b) shall not be required to grant an employee additional paid leave time under this section. (4) Construction Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for granted paid leave time that has not been used. (5) Prohibition An employer may not require, as a condition of providing paid leave time under this title, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid leave time. (b) Uses Paid leave time granted under this section may be used by an employee for either of the following: (1) An absence resulting from— (A) a pregnancy loss; (B) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; (C) a failed adoption match or an adoption that is not finalized because it is contested by another party; (D) a failed surrogacy arrangement; or (E) a diagnosis or event that impacts pregnancy or fertility. (2) An absence to care for a spouse or domestic partner who experiences a circumstance described in paragraph (1). (c) Procedures Paid leave time shall be provided upon the oral or written request of an employee. Such request shall— (1) include the expected duration of the period of such time; and (2) be provided as soon as practicable after the employee is aware of the need for such period. 103. Notice requirement (a) In general Each employer shall notify each employee and include in any employee handbook the information described in paragraphs (1) through (3). Each employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 110, setting forth excerpts from, or summaries of, the pertinent provisions of this title including— (1) information describing paid leave time available to employees under this title; (2) information pertaining to the filing of an action under this title; and (3) information that describes— (A) the protections that an employee has in exercising rights under this title; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 105) if any of the rights are violated. (b) Location The notice described under subsection (a) shall be posted— (1) in conspicuous places on the premises of the employer, where notices to employees (including applicants) are customarily posted; or (2) in employee handbooks. (c) Violation; penalty Any employer who willfully violates the posting requirements of this section shall be subject to a civil fine in an amount not to exceed $100 for each separate offense. 104. Prohibited acts (a) Interference with rights (1) Exercise of rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this title, including— (A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this title; (B) using the taking of paid leave time or unpaid leave time under this title as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action; or (C) counting the paid leave time or unpaid leave time under a no-fault attendance policy or any other absence control policy. (2) Discrimination It shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this title. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this title; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title. (c) Construction Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) or the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) is less than the scope of the activities prohibited by this section or is otherwise altered by the activities prohibited by this section. 105. Enforcement authority (a) In general (1) Definition In this subsection— (A) the term employee means an employee described in subparagraph (A) or (B) of section 101(3); and (B) the term employer means an employer described in subclause (I) or (II) of section 101(4)(A)(i). (2) Investigative authority (A) In general To ensure compliance with the provisions of this title, or any regulation or order issued under this title, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected. (B) Obligation to keep and preserve records An employer shall make, keep, and preserve records pertaining to compliance with this title in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this paragraph, an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title or any regulation or order issued pursuant to this title, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by employees or individuals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 104 (including a violation relating to rights provided under section 102) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 24 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 104 (including a violation relating to rights provided under section 102) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of section 104 (including a willful violation relating to rights provided under section 102), such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 104 (including a violation relating to rights provided under section 102), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this title; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office, the authority of the Secretary of Labor under this subsection shall be exercised by the Comptroller General of the United States. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this title provides to that Board, or any person, alleging an unlawful employment practice in violation of this title against an employee described in section 101(3)(C). (c) Employees covered by chapter 5 of title 3 , United States Code The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this title provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 101(3)(D). (d) Employees covered by chapter 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this title provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 101(3)(E). (e) Remedies for State employees (1) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this title for equitable, legal, or other relief authorized under this title. (2) Official capacity An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection (a)(3), for injunctive relief that is authorized under this title. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this title, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity In this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). 106. Authorization of appropriations for education and outreach There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary in order that the Secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid leave time required by this title. 107. Effect on other laws (a) Federal and State antidiscrimination laws Nothing in this title shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, or disability. (b) Federal, State, and local laws Nothing in this title shall be construed to supersede (including preempting) any provision of any Federal, State, or local law that provides greater paid or unpaid family or medical leave rights than the rights established under this title. 108. Effect on existing employment benefits (a) More protective Nothing in this title shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees or individuals than the rights established under this title. (b) Less protective The rights established for employees under this title shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan. 109. Encouragement of more generous leave policies Nothing in this title shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this title. 110. Regulations (a) In general (1) Authority Except as provided in paragraph (2), not later than 180 days after the date of enactment of this title, the Secretary shall prescribe such regulations as are necessary to carry out this title with respect to employees described in subparagraph (A) or (B) of section 101(3) and other individuals affected by employers described in subclause (I) or (II) of section 101(4)(A)(i). (2) Government Accountability Office The Comptroller General of the United States shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 )) such regulations as are necessary to carry out this title with respect to employees described in section 101(3)(C) and other individuals affected by employers described in section 101(4)(A)(i)(III). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this title except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 of title 3 , United States Code (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this title with respect to employees described in section 101(3)(D) and other individuals affected by employers described in section 101(4)(A)(i)(IV). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this title except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 of title 5 , United States Code (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this title with respect to employees described in section 101(3)(E) and other individuals affected by employers described in section 101(4)(A)(i)(V). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this title except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. 111. Effective dates (a) Effective date This title, other than section 110, shall take effect 6 months after the date of issuance of regulations under section 110(a)(1). (b) Collective bargaining agreements In the case of a collective bargaining agreement in effect on the effective date prescribed by subsection (a), this title shall take effect on the earlier of— (1) the date of the termination of such agreement; or (2) the date that occurs 18 months after the date of issuance of regulations under section 110(a)(1). II Research and education 201. Pregnancy loss public education program (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding pregnancy loss, including information on— (1) awareness of pregnancy loss, and the incidence and prevalence of pregnancy loss among pregnant people; and (2) the accessibility of the range of evidence-based treatment options, as medically appropriate, for pregnancy loss, including miscarriage and recurrent miscarriage, including comprehensive mental health supports, necessary procedures and medications, and culturally responsive supports including pregnancy-loss doula care. (b) Dissemination of information In carrying out subsection (a), the Secretary may disseminate information to the public directly or through arrangements with agencies carrying out intra-agency initiatives, nonprofit organizations, consumer groups, community organizations, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), or Federal, State, or local public-private partnerships. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2022 through 2025. 202. Research with respect to pregnancy loss (a) In general The Director of the National Institutes of Health (in this section referred to as the Director of NIH ) shall expand and coordinate programs for conducting and supporting evidence-based research with respect to causes of and current and novel treatment options and procedures for pregnancy loss. (b) Administration and coordination The Director of NIH, acting through the Director of the Office of Research on Women’s Health, shall carry out evidence-based research conducted pursuant to subsection (a), in coordination with the appropriate institutes, offices, and centers of the National Institutes of Health, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the National Institute of Mental Health, and the Office on Women’s Health of the Department of Health and Human Services. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $45,000,000 for each of fiscal years 2022 through 2025. 203. Education and dissemination of information to perinatal health care workers with respect to pregnancy loss (a) In general The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Agency for Healthcare Research and Quality shall, in consultation with and in accordance with guidelines from relevant medical societies, develop and disseminate to perinatal health care workers, including midwives, physician assistants, nurse practitioners, clinical nurse specialists, and non-clinical perinatal health care workers, information on pregnancy loss for the purpose of ensuring that such perinatal health care workers remain informed about current information (as of the date of dissemination) regarding pregnancy loss, including miscarriage and recurrent miscarriage, and prioritizing both the physical and mental health care of the patient. (b) Perinatal health care worker For purposes of this section, the term perinatal health care worker includes any doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter, or navigator. 204. Data collection regarding pregnancy loss The Secretary of Health and Human Services shall, in an manner that protects personal privacy, collect and assess data regarding pregnancy loss, including information (disaggregated by race, ethnicity, health insurance status, disability, income level, and geography) on the prevalence of, the incidence of, and knowledge about pregnancy loss. | https://www.govinfo.gov/content/pkg/BILLS-117s2390is/xml/BILLS-117s2390is.xml |
117-s-2391 | II 117th CONGRESS 1st Session S. 2391 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Murphy (for himself, Mr. Lee , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the National Security Powers 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—War powers reform Sec. 101. Definitions. Sec. 102. Policy. Sec. 103. Sunset of existing authorizations for the use of military force. Sec. 104. Repeal of the War Powers Resolution. Sec. 105. Notification. Sec. 106. Requirement for authorization. Sec. 107. Expedited procedures for congressional action. Sec. 108. Termination of funding. Sec. 109. Interpretation of statutory authority requirement. Sec. 110. Separability clause. TITLE II—Arms Export Control Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Congressional authorization of arms sales. Sec. 204. Procedures for consideration of joint resolution authorizing or prohibiting arms sales. Sec. 205. Emergency procedures under Arms Export Control Act. Sec. 206. Conforming amendments. Sec. 207. Applicability. TITLE III—National Emergencies Act Reform Sec. 301. Requirements relating to declaration and renewal of national emergencies. Sec. 302. Termination of national emergencies. Sec. 303. Review by Congress of national emergencies. Sec. 304. Reporting requirements. Sec. 305. Conforming amendments. Sec. 306. Applicability. I War powers reform 101. Definitions In this title: (1) Country The term country , when used in a geographic sense, includes territories (whether or not disputed) and possessions, territorial waters, and airspace. (2) Hostilities The term hostilities means any situation involving any use of lethal or potentially lethal force by or against United States forces (or, for purposes of paragraph 4(B), by or against foreign regular or irregular forces), irrespective of the domain, whether such force is deployed remotely, or the intermittency thereof. The term does not include activities undertaken pursuant to section 503 of the National Security Act of 1947 ( 50 U.S.C. 5093 ) if such action is intended to have exclusively non-lethal effects. (3) Hostilities report The term hostilities report means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. (B) The estimated cost of such operations. (C) The specific legislative and constitutional authority for such action. (D) Any international law implications related to such action if applicable. (E) The estimated scope and duration of the United States forces’ participation in hostilities, including an accounting of the personnel and weapons to be deployed. (F) The country or countries in which the operations or deployment of United States forces are to occur or are ongoing. (G) A description of their mission and the mission objectives that would indicate the mission is complete. (H) Any foreign partner forces or multilateral organizations that may be involved in the operations. (I) The name of the specific country (or countries) or organized armed group (or groups) against which the use of force is authorized. (J) The risk to United States forces or other United States persons or property involved in the operations. (K) Any other information as may be required to fully inform Congress. (4) Introduce The term introduce means— (A) with respect to hostilities or a situation where there is a serious risk of hostilities, any commitment, engagement, or other involvement of United States forces, whether or not constituting self-defense measures by United States forces in response to an attack or serious risk thereof in any foreign country (including its airspace, cyberspace, or territorial waters) or otherwise outside the United States and whether or not United States forces are present or operating remotely launched, piloted, or directed attacks; or (B) the assigning or detailing of members of United States forces to command, advise, assist, accompany, coordinate, or provide logistical or material support or training for any foreign regular or irregular military forces if— (i) those foreign forces are involved in hostilities; and (ii) such activities by United States forces make the United States a party to a conflict or are more likely than not to do so. (5) Serious risk of hostilities The term serious risk of hostilities means any situation where it is more likely than not that the United States forces will become engaged in hostilities, irrespective of whether the primary purpose of the mission is training or assistance. (6) Specific statutory authorization The term specific statutory authorization means any joint resolution or bill introduced after the date of the enactment of this Act and enacted into law to authorize the use of military force that includes, at a minimum, the following elements: (A) A clearly defined mission and operational objectives and the identities of all individual countries or organized armed groups against which hostilities by the United States forces are authorized. (B) A requirement the President seek from the Congress a subsequent specific statutory authorization for any expansion of the mission to include new operational objectives, additional countries, or organized armed groups. (C) A termination of the authorization for such use of United States forces within two years absent the enactment of a subsequent specific statutory authorization for such use of United States forces. (D) In cases where the use of military force in a particular situation is being reauthorized, an estimate and analysis prepared by the Congressional Budget Office of costs to United States taxpayers to date of operations conducted pursuant to the prior authorization or authorizations for that situation, and of prospective costs to United States taxpayers for operations to be conducted pursuant to the proposed authorization. (7) Substantially enlarge The term substantially enlarge means, for any two-year period, an increase in the number of United States forces that causes the total number of forces in a foreign country to exceed the lowest number of forces in that country during that period by 25 percent or more, or any increase of 1,000 or more forces. Temporary duty and rotational forces shall be included in the number of United States forces for the purposes of this title. (8) Training When used with respect to any foreign regular or irregular forces, the term training has the meaning given the term military education and training in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 ), but does not include training that is focused entirely on observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military. (9) United States forces The term United States forces means any individuals employed by, or under contract to, or under the direction of, any department or agency of the United States Government who are— (A) deployed military or paramilitary personnel; or (B) military or paramilitary personnel who use lethal or potentially lethal force in the cyberspace domain. 102. Policy The constitutional authority of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities or into situations where there is a serious risk of hostilities shall be exercised only pursuant to— (1) a declaration of war; (2) specific statutory authorization; or (3) when necessary to repel a sudden attack, or the concrete, specific, and immediate threat of such a sudden attack upon the United States, its territories, or possessions, its armed forces, or other United States citizens overseas. 103. Sunset of existing authorizations for the use of military force Effective 180 days after the date of the enactment of this Act, the following laws are hereby repealed: (1) The Authorization for Use of Military Force Against Iraq Resolution of 2002 ( Public Law 107–243 ; 116 Stat. 1498; 50 U.S.C. 1541 note). (2) The Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note). (3) The Authorization for Use of Military Force Against Iraq ( Public Law 102–1 ; 105 Stat. 3; 50 U.S.C. 1541 note). (4) The 1957 Authorization for Use of Military Force in the Middle East ( Public Law 87–5 ). 104. Repeal of the War Powers Resolution The War Powers Resolution ( Public Law 93–148 ; 50 U.S.C. 1541 et seq. ) is hereby repealed. 105. Notification The President shall notify Congress, in writing, within 48 hours after United States forces enter the territory, airspace, or waters of a foreign country— (1) while equipped for combat, except for deployments which relate solely to transportation, supply, replacement, or training of such United States forces; or (2) in numbers that substantially enlarge the number of United States forces already located in a foreign nation. 106. Requirement for authorization (a) Prior authorization for certain activities relating to hostilities Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. The President shall provide continuing hostilities reports to Congress 30 days after the initial report and every 30 days thereafter, in accordance with subsection (d). (b) Authorization for certain activities relating to hostilities In cases where the President introduces United States forces into hostilities or a situation where there is a serious risk of hostilities either because of the need to repel a sudden attack upon the United States, its territories or possessions, its armed forces, or other United States citizens overseas or because the concrete, specific, and immediate threat of such a sudden attack, and the time required to provide Congress with a briefing necessary to inform a vote to obtain prior authorization from Congress within 72 hours would prevent an effective defense against the attack or threat of immediate attack, the President shall— (1) within 48 hours of ordering the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, inform Congress of the President's decision, describe the action taken, the justification for proceeding without prior authorization, and certifying either that hostilities have concluded or that they are continuing; and (2) not later than 7 calendar days after ordering the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, submit to Congress a hostilities report and request for specific statutory authorization except in cases where a certification is submitted to Congress that the President— (A) has withdrawn, removed, and otherwise ceased the use of United States forces from the situation that triggered this requirement; and (B) does not intend to reintroduce them. (c) Termination of activities related to hostilities If Congress does not enact a specific statutory authorization for United States forces to engage in hostilities in response to a request in accordance with subsection (b) within 20 days after the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall withdraw, remove, and otherwise cease the use of United States forces. This 20-day period shall be extended for not more than an additional 10 days if the President determines, certifies, and justifies to Congress in writing that unavoidable military necessity involving the safety of the forces requires the continued use of the forces for the sole purpose of bringing about their safe removal from hostilities. (d) Continuing hostilities reports If the President obtains specific statutory authorization, the President shall continue to provide hostilities reports to Congress on the United States’ forces’ engagement or possible engagement in hostilities whenever there is a material change in the information previously reported under this section and in no event less frequently than every 30 days from the delivery of the first hostilities report. (e) Form Any report submitted pursuant to subsection (a), (b), or (d) shall be submitted to Congress in unclassified form without any designation relating to dissemination control and may include a classified annex only to the extent required to protect the national security of the United States. (f) Transmittal Each report submitted pursuant to subsection (a), (b), or (d) shall be transmitted to each house of Congress on the same calendar day. The report shall be— (1) referred to— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) made available to any member of Congress upon request. 107. Expedited procedures for congressional action (a) Consideration by Congress Any resolution of disapproval described in subsection (b) may be considered by Congress using the expedited procedures set forth in this section. (b) Resolution of disapproval For purposes of this section, the term resolution means only a joint resolution of the two Houses of Congress— (1) the title of which is as follows: A joint resolution disapproving of the use of the United States Armed Forces in the prosecution of certain conflict. ; (2) which does not have a preamble; and (3) the sole matter after the resolving clause of which is as follows: That Congress does not approve the use of military force in the prosecution of _______ , with the blank space being filled with a description of the conflict concerned. (c) Referral A resolution described in subsection (b) introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in subsection (b) that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (d) Discharge If the committee to which a resolution described in subsection (b) is referred has not reported such resolution (or an identical resolution) by the end of 10 calendar days beginning on the date of introduction, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (e) Consideration (1) In general On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Vote on final passage Immediately following the conclusion of the debate on the resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from decisions of chair Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. (f) Consideration by other House (1) In general If, before the passage by one House of a resolution of that House described in subsection (b), that House receives from the other House a resolution described in subsection (b), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B) (i) The consideration as described in subsection (e) in that House shall be the same as if no resolution had been received from the other House; but (ii) The vote on final passage shall be on the resolution of the other House. (2) Following disposition Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (g) Vetoes If the President vetoes a resolution, debate in the Senate of any veto message with respect to the resolution, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, which shall be divided equally between those favoring and those opposing the resolution. (h) Rules of the senate and house of representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it 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 resolution described in subsection (b), and it supersedes 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. 108. Termination of funding Notwithstanding any other provision of law, no funds appropriated or otherwise made available under any law may be obligated or expended for any activity by United States forces for which prior congressional authorization is required under this title but has not been obtained, or for which authorization is required under this title but has not been obtained by the deadline specified in section 106(c) or for which a resolution of disapproval in accordance with section 107(b) has been enacted into law. 109. Interpretation of statutory authority requirement Statutory authority to introduce United States forces into hostilities or into situations where there is a serious risk of hostilities, or to retain them in a situation where hostilities or the serious risk thereof has developed, shall not be inferred— (1) from any provision of law, including any provision contained in any appropriation Act, unless such provision expressly authorizes such introduction or retention and states that it is intended to constitute specific statutory authorization within the meaning of this title; or (2) from any source of international legal obligation binding on the United States, including any resolution of the United Nations Security Council and any treaty ratified before, on, or after the date of the enactment of this Act, unless such treaty is implemented by legislation specifically authorizing such introduction or retention and stating that it is intended to constitute specific statutory authorization within the meaning of this title. 110. Separability clause If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of the resolution and the application of such provision to any other person or circumstance shall not be affected thereby. II Arms Export Control 201. Short title This title may be cited as the Arms Export Reform Act of 2021 . 202. Purpose It is the purpose of this title to ensure the proper role of Congress in national security decisions pertaining to sales, exports, leases, and loans of defense articles, especially with respect to armed conflict and human rights. 203. Congressional authorization of arms sales (a) Certification required (1) In general Notwithstanding any other provision of law, in the case of a covered letter of offer, a covered application for a license, or a covered agreement, before such a letter of offer or license is issued or before such an agreement is entered into or renewed, the President shall submit to Congress a certification described in paragraph (3). (2) Covered letters of offers, applications for licenses, and agreements For purposes of this subsection: (A) A covered letter of offer is any letter of offer to sell under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) any item described in subsection (c). (B) A covered application for a license is any application by a person (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act ( 22 U.S.C. 2761 , 2762)) for a license for the export of any item described in subsection (c). (C) A covered agreement is any agreement involving the lease under chapter 6 of the Arms Export Control Act ( 22 U.S.C. 2796 et seq. ), or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311 et seq. ), of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. (3) Certification described A certification described in this paragraph is a numbered certification containing the following: (A) In the case of a letter of offer to sell, the information described in section 36(b)(1) of the Arms Export Control Act ( 22 U.S.C. 2776(b)(1) ) and section 36(b)(2) of such Act, as redesignated by section 206(a) of this Act, without regard to the dollar amount of such sale, except as specified in subsection (c). (B) In the case of a license for export (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act ( 22 U.S.C. 2761 , 2762)), the information described in section 36(c) of such Act ( 22 U.S.C. 2776(c) ), as amended by section 206(b) of this Act, without regard to the dollar amount of such export, except as specified in subsection (c). (C) In the case of a lease or loan agreement, the information described in section 62(a) of the Arms Export Control Act ( 22 U.S.C. 2796a(a) ), unless section 62(b) of such Act ( 22 U.S.C. 2796a(b) ) applies, without regard to the dollar amount of such lease or loan, except as specified in subsection (c). (b) Congressional authorization required (1) Prior congressional authorization No letter of offer may be issued under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) with respect to a proposed sale of any item described in subsection (c) to any country or international organization (other than a country or international organization described in paragraph (2)), no license may be issued under such Act with respect to a proposed export of any such item to any such country or organization, and no lease may be made under chapter 6 of such Act ( 22 U.S.C. 2796 et seq. ) and no loan may be made under chapter 2 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311 et seq. ) of any such item to any such country or organization, unless there is enacted a joint resolution or other provision of law authorizing such sale, export, lease, or loan, as the case may be. (2) NATO and certain countries No letter of offer or license described in paragraph (1) may be issued and no lease or loan described in such paragraph may be made with respect to a proposed sale, export, lease, or loan, as the case may be, of any item described in subsection (c) to the North Atlantic Treaty Organization (NATO), any member country of such organization, Australia, Japan, the Republic of Korea, Israel, New Zealand, or Taiwan, if, not later than 20 calendar days after receiving the appropriate certification, a joint resolution is enacted prohibiting the proposed sale, export, lease, or loan, as the case may be. (c) Items described The items described in this subsection are those items of types and classes as follows (including parts, components, and technical data): (1) Firearms and ammunition of $1,000,000 or more. (2) Air to ground munitions of $14,000,000 or more. (3) Tanks, armored vehicles, and related munitions of $14,000,000 or more. (4) Fixed and rotary, manned or unmanned armed aircraft of $14,000,000 or more. (5) Services or training to security services of $14,000,000 or more. 204. Procedures for consideration of joint resolution authorizing or prohibiting arms sales (a) Consideration by Congress Any joint resolution under section 203(b) shall be considered by Congress using the expedited procedures set forth in section 107(c)–(h). (b) Form of joint resolutions (1) Prior congressional authorization The joint resolution required by section 203(b)(1) is a joint resolution the text of which consists only of one or more sections, each of which reads as follows: The proposed ___ to ___ described in the certification submitted pursuant to section 203(a) of the Arms Export Reform Act of 2021 , which was received by Congress on ___ (Transmittal number) is authorized. , with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and transmittal number inserted. (2) NATO and certain countries The joint resolution required by section 203(b)(2) is a joint resolution the text of which consists of only one section, which reads as follows: That the proposed ___ to ___ described in the certification submitted pursuant to section 203(a) of the Arms Export Reform Act of 2021 , which was received by Congress on ___ (Transmittal number) is not authorized. , with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and the transmittal number inserted. 205. Emergency procedures under Arms Export Control Act Section 36 of the Arms Export Control Act is amended by adding at the end the following: (j) Restriction on emergency authority relating to arms sales under this Act A determination of the President that an emergency exists requiring a proposed transfer of defense articles or defense services in the national security interests of the United States, thus waiving the congressional review requirements pursuant to section 3 — (1) shall apply only if— (A) the President submits a determination and justification for each individual approval, letter of offer, or license for the defense articles or defense services that includes a specific and detailed description of how such waiver of the congressional review requirements directly responds to or addresses the circumstances of the emergency cited in the determination; and (B) the delivery of the defense articles or defense services will take place not later than 60 days after the date on which such determination is made, unless otherwise authorized by Congress; and (2) shall not apply in the case of defense articles or defense services that include manufacturing or co-production of the articles or services outside the United States. . 206. Conforming amendments (a) Government-to-Government sales (1) In general Section 36(b) of the Arms Export Control Act ( 22 U.S.C. 2776(b) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), in the first sentence, by striking Subject to paragraph (6) and inserting Subject to paragraph (4) ; and (ii) in the flush text following subparagraph (P), by striking the last 2 sentences; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; (D) in subparagraph (C) of paragraph (3), as so redesignated, in the first sentence, by striking Subject to paragraph (6) and inserting Subject to paragraph (4) ; and (E) in paragraph (4), as redesignated by subparagraph (C) of this paragraph, in the matter preceding subparagraph (A), by striking in paragraph (5)(C) and inserting in paragraph (3)(C) . (2) Conforming amendment Section 38(f)(5)(B)(ii) of such Act ( 22 U.S.C. 2778(f)(5)(B)(ii) ) is amended by striking section 36(b)(5)(A) and inserting section 36(b)(3)(A) . (b) Commercially licensed sales Section 36(c) of such Act ( 22 U.S.C. 2776(c) ) is amended— (1) in paragraph (1), in the first sentence, by striking Subject to paragraph (5), in and inserting In ; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). (c) Legislative review of leases and loans (1) Repeal Section 63 of such Act ( 22 U.S.C. 2796b ) is repealed. (2) Conforming amendment Section 62(b) of such Act (22 U.S. 2976a(b)) is amended, in the first sentence, by striking (and in the case and all that follows through of that section) . 207. Applicability This title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued, or any lease or loan made, after the date of the enactment of this Act. III National Emergencies Act Reform 301. Requirements relating to declaration and renewal of national emergencies Section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ) is amended to read as follows: 201. Declarations and renewals of national emergencies (a) Authority To declare national emergencies With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such a national emergency by proclamation. Such proclamation shall immediately be transmitted to Congress and published in the Federal Register. (b) Specification of provisions of law To be exercised (1) In general No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in— (A) a proclamation declaring a national emergency under subsection (a); or (B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. (2) Limitations The President may— (A) specify under paragraph (1) only provisions of law that make available powers and authorities that relate to the nature of the national emergency; and (B) exercise such powers and authorities only to address the national emergency. (c) Temporary effective periods (1) In general A declaration of a national emergency under subsection (a) may last for 30 days from the issuance of the proclamation (not counting the day on which the proclamation was issued) and shall terminate when that 30-day period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation. (2) Exercise of powers and authorities Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). That power or authority cannot be exercised once that 30-day period expires, unless there is enacted into law a joint resolution of approval under section 203 approving— (A) the proclamation of the national emergency or the Executive order; and (B) the exercise of the power or authority specified by the President in such proclamation or Executive order. (3) Exception if congress is unable to convene If Congress is physically unable to convene as a result of an armed attack upon the United States or another national emergency, the 30-day periods described in paragraphs (1) and (2) shall begin on the first day Congress convenes for the first time after the attack or other emergency. (d) Prohibition on subsequent actions if emergencies not approved (1) Subsequent declarations If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the 30-day period described in subsection (c), or with respect to a national emergency proposed to be renewed under subsection (e), the President may not, during the remainder of the term of office of that President, declare a subsequent national emergency under subsection (a) with respect to the same circumstances. (2) Exercise of authorities If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(1)(B) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. (e) Renewal of national emergencies A national emergency declared by the President under subsection (a) or previously renewed under this subsection, and not already terminated pursuant to subsection (c) or section 202(a), shall terminate on a date that is not later than one year after the President transmitted to Congress the proclamation declaring the emergency under subsection (a) or Congress approved a previous renewal pursuant to this subsection, unless— (1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and (2) there is enacted into law a joint resolution of approval renewing the emergency pursuant to section 203 before the termination of the emergency or previous renewal of the emergency. (f) Effect of future laws No law enacted after the date of the enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title. . 302. Termination of national emergencies Section 202 of the National Emergencies Act ( 50 U.S.C. 1622 ) is amended to read as follows: 202. Termination of national emergencies (a) In general Any national emergency declared by the President under section 201(a) shall terminate on the earliest of— (1) the date provided for in section 201(c); (2) the date on which Congress, by statute, terminates the emergency; (3) the date on which the President issues a proclamation terminating the emergency; or (4) the date provided for in section 201(e). (b) 5-Year limitation Under no circumstances may a national emergency declared by the President under section 201(a) continue on or after the date that is 5 years after the date on which the national emergency was first declared. (c) Effect of termination (1) In general Effective on the date of the termination of a national emergency under subsection (a) or (b)— (A) except as provided by paragraph (2), any powers or authorities exercised by reason of the emergency shall cease to be exercised; (B) any amounts reprogrammed or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated; and (C) any contracts entered into under any provision of law relating to the emergency shall be terminated. (2) Savings provision The termination of a national emergency shall not moot— (A) any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection (a) or (b); or (B) any legal action or legal proceeding based on any act committed prior to that date. . 303. Review by Congress of national emergencies Title II of the National Emergencies Act ( 50 U.S.C. 1621 et seq. ) is amended by adding at the end the following: 203. Review by Congress of national emergencies (a) Joint resolutions of approval and of termination (1) Definitions In this section: (A) Joint resolution of approval The term joint resolution of approval means a joint resolution that contains only the following provisions after its resolving clause: (i) A provision approving— (I) a proclamation of a national emergency made under section 201(a); (II) an Executive order issued under section 201(b)(1)(B); or (III) an Executive order issued under section 201(e). (ii) A provision approving a list of all or a portion of the provisions of law specified by the President under section 201(b) in the proclamation or Executive order that is the subject of the joint resolution. (B) Joint resolution of termination The term joint resolution of termination means a joint resolution terminating— (i) a national emergency declared under section 201(a); or (ii) the exercise of any powers or authorities pursuant to that emergency. (2) Procedures for consideration of joint resolutions of approval (A) Introduction After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. (B) Requests to convene congress during recesses If, when the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), Congress has adjourned sine die or has adjourned for any period in excess of 3 calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least one-third of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the proclamation or Executive order and take appropriate action pursuant to this section. (C) Committee referral A joint resolution of approval or a joint resolution of termination shall be referred in each House of Congress to the committee or committees having jurisdiction over the emergency authorities invoked pursuant to the national emergency that is the subject of the joint resolution. (D) Consideration in senate In the Senate, the following rules shall apply: (i) Reporting and discharge If the committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it at the end of 10 calendar days after its introduction, that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. (ii) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee to which a joint resolution of approval or a joint resolution of termination is referred has reported the resolution, or when that committee is discharged under clause (i) from further consideration of the resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution to be made, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is subject to 4 hours of debate divided equally between those favoring and those opposing the joint resolution of approval or the joint resolution of termination. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. (iii) Floor consideration A joint resolution of approval or a joint resolution of termination shall be subject to 10 hours of debate, to be divided evenly between the proponents and opponents of the resolution. (iv) Amendments (I) In general Except as provided in subclause (II), no amendments shall be in order with respect to a joint resolution of approval or a joint resolution of termination. (II) Amendments to strike or add specified provisions of law Subclause (I) shall not apply with respect to any amendment to a joint resolution of approval to strike from or add to the list required by paragraph (1)(A)(ii) a provision or provisions of law specified by the President under section 201(b) in the proclamation or Executive order. (v) Motion to reconsider final vote A motion to reconsider a vote on final passage of a joint resolution of approval or of a joint resolution of termination shall not be in order. (vi) Appeals Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. (E) Consideration in house of representatives In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. (F) Receipt of resolution from other house If, before passing a joint resolution of approval or a joint resolution of termination, one House receives from the other House a joint resolution of approval or a joint resolution of termination— (i) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and (ii) the procedures set forth in subparagraph (D) or (E), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. (G) Rule of construction The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. (b) Rules of the house and the senate Subsection (a) is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the 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 the House in the case of joint resolutions of approval, and supersede other rules only to the extent that it is inconsistent with such other 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. . 304. Reporting requirements Section 401 of the National Emergencies Act ( 50 U.S.C. 1641 ) is amended by adding at the end the following: (d) Report on emergencies The President shall transmit to Congress, with any proclamation declaring a national emergency under section 201(a), or Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a report, in writing, that includes the following: (1) A description of the circumstances necessitating the declaration of a national emergency, the renewal of such an emergency, or the use of a new emergency authority specified in the Executive order, as the case may be. (2) The estimated duration of the national emergency. (3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. (4) In the case of a renewal of a national emergency, a summary of the actions the President or other officers have taken in the preceding one-year period, including any reprogramming or transfer of funds, to address the emergency. (e) Provision of information to congress The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. (f) Periodic reports on status of emergencies If the President declares a national emergency under section 201(a), the President shall, not less frequently than every 180 days for the duration of the emergency, report to Congress on the status of the emergency and the actions the President or other officers have taken and authorities the President and such officers have relied on in addressing the emergency. (g) Final report on activities during national emergency Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing— (1) the actions that the President or other officers took to address the emergency; and (2) the powers and authorities the President and such officers relied on to take such actions. (h) Public disclosure Each report required by this section shall be transmitted in unclassified form and be made public at the same time the report is transmitted to Congress, although a classified annex may be provided to Congress, if necessary. . 305. Conforming amendments (a) National emergencies act Title III of the National Emergencies Act ( 50 U.S.C. 1631 ) is repealed. (b) International emergency economic powers act Section 207 of the International Emergency Economic Powers Act ( 50 U.S.C. 1706 ) is amended— (1) in subsection (b), by striking if the national emergency and all that follows through under this section. and inserting the following: “if— (1) the national emergency is terminated pursuant to section 202(a)(2) of the National Emergencies Act; or (2) a joint resolution of approval is not enacted as required by section 203 of that Act to approve— (A) the national emergency; or (B) the exercise of such authorities. ; and (2) in subsection (c)(1), by striking paragraphs (A), (B), and (C) of section 202(a) and inserting section 202(c)(2) . 306. Applicability (a) In general Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act. (b) Application to national emergencies previously declared A national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of this Act shall be unaffected by the amendments made by this Act, except that such an emergency shall terminate on the date that is not later than one year after such date of enactment unless the emergency is renewed under subsection (e) of such section 201, as amended by section 301 of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2391is/xml/BILLS-117s2391is.xml |
117-s-2392 | II 117th CONGRESS 1st Session S. 2392 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Cardin (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to allow the Secretary of State to make available to the public certain records pertaining to the refusal of a visa or permit based on an alien’s involvement in corruption, transnational repression, or human rights abuse, and for other purposes.
1. Short title This Act may be cited as the Revealing and Explaining Visa Exclusions for Accountability and Legitimacy Act or the REVEAL Act . 2. Limiting confidentiality of records (a) In general Section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) is amended— (1) in paragraph (1), by striking the period at the end and inserting a semicolon; (2) in paragraph (2)(B), by striking the period at the end and inserting the following: ; and ; and (3) by adding at the end the following: (3) the Secretary of State may make available to the public the identity of an individual alien determined to be inadmissible the United States pursuant to subparagraph (C) of section 212(a)(3), and the justification for the determination to refuse a visa or permit. . (b) Application This Act and the amendments made by this Act shall apply with respect to any determination under section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ) made before, on, or after the date of enactment of this Act. (c) Consideration of certain information in revealing bans In determining whether to waive confidentiality under section 222(f)(3) of the Immigration and Nationality Act, as added by subsection (a), the Secretary of State shall consider— (1) information provided by the chairperson and ranking member of any of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor corruption, transnational repression, and human rights abuse. 3. Reports to Congress (a) In general Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes, for the previous year, a list of each individual that the Secretary of State determined was ineligible for an immigrant or nonimmigrant visa pursuant to subparagraph (C) of section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ), and the justification for the determination of ineligibility. (b) Form of report (1) In general Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception The name of an alien to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex. (c) Public availability (1) In general The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a)(1) without regard to 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. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and (2) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2392is/xml/BILLS-117s2392is.xml |
117-s-2393 | II 117th CONGRESS 1st Session S. 2393 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Inhofe (for himself, Mrs. Capito , Mr. Cruz , Mr. Cramer , Mr. Scott of South Carolina , Ms. Lummis , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State.
1. Short title This Act may be cited as the Fracturing Regulations are Effective in State Hands Act . 2. Findings Congress finds that— (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources and dated May 2009 finding that the current State regulation of oil and gas activities is environmentally proactive and preventive ; (3) that report also concluded that [a]ll oil and gas producing States have regulations which are designed to provide protection for water resources ; (4) a 2004 study by the Environmental Protection Agency, entitled Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs , found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation; (5) a 2009 report by the Ground Water Protection Council, entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources , found a lack of evidence that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water; (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing. ; (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was not aware of any proven case where the fracking process itself has affected water ; (8) in 2011, Bureau of Land Management Director Bob Abbey stated, We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology. ; (9) (A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of— (i) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and (iii) the Clean Air Act ( 42 U.S.C. 7401 et seq. ); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled Fact-Based Regulation for Environmental Protection in Shale Gas Development , found that [n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations ; and (12) on October 1, 2014, the Ground Water Protection Council and State Oil and Gas Regulatory Exchange released a report entitled State Oil and Gas Regulations Designed to Protect Water Resources that describes the cutting edge of State-based oil and gas regulations, concluding that In step with dramatic industry growth over the past five years, states have substantially improved groundwater protection laws and regulations governing oil and natural gas production. . 3. Definition of Federal land In this Act, the term Federal land means— (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. 4. State authority (a) In general A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal land The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located. | https://www.govinfo.gov/content/pkg/BILLS-117s2393is/xml/BILLS-117s2393is.xml |
117-s-2394 | II 117th CONGRESS 1st Session S. 2394 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Inhofe (for himself, Mrs. Capito , Mr. Cruz , Mr. Cramer , Ms. Lummis , Mr. Lankford , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land.
1. Short title This Act may be cited as the Federal Land Freedom Act of 2021 . 2. Findings Congress finds that— (1) as of the date of enactment of this Act— (A) 113,000,000 acres of onshore Federal land are open and accessible for oil and natural gas development; and (B) approximately 166,000,000 acres of onshore Federal land are off-limits or inaccessible for oil and natural gas development; (2) despite the recent oil and natural gas boom in the United States, the number of acres of Federal land leased for oil and natural gas exploration has decreased by 24 percent since 2008; (3) in 2013, the Federal Government leased only 36,000,000 acres of Federal land, in contrast to the 131,000,000 acres that were leased in 1984; (4) the reduction in leasing of Federal land harms economic growth and Federal revenues; (5) in 2013, it took 197 days to process applications for permits to drill on Federal land; and (6) the States have extensive and sufficient regulatory frameworks for permitting oil and natural gas development. 3. Definitions In this Act: (1) Available federal land The term available Federal land means any Federal land that, as of May 31, 2013— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) State The term State means— (A) a State; and (B) the District of Columbia. (3) State leasing, permitting, and regulatory program The term State leasing, permitting, and regulatory program means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State. 4. State control of energy development and production on all available federal land (a) State leasing, permitting, and regulatory programs Any State that has established a State leasing, permitting, and regulatory program may— (1) submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and (2) seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State. (b) State action authorized Notwithstanding any other provision of law, on submission of a declaration under subsection (a)(1), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government. (c) Effect of State action Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to subsection (b) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under— (1) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’); (2) division A of subtitle III of title 54, United States Code; (3) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (4) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 5. No effect on Federal revenues (a) In general Any lease or permit issued by a State pursuant to section 4 shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government. (b) Disposition of revenues Any revenues collected by a State from leasing or permitting on Federal land pursuant to section 4 shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government. (c) Effect on State processing fees Nothing in this Act prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit. | https://www.govinfo.gov/content/pkg/BILLS-117s2394is/xml/BILLS-117s2394is.xml |
117-s-2395 | II 117th CONGRESS 1st Session S. 2395 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Cornyn (for himself, Ms. Duckworth , Mr. Wicker , Mr. Cramer , Mr. Lankford , Mr. Tillis , Mr. Young , Mr. Marshall , Mr. Cruz , Ms. Ernst , Mr. Cotton , Mr. Scott of Florida , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require an annual feasibility report on cooperation between the National Guard and Taiwan, and for other purposes.
1. Short title This Act may be cited as the Taiwan Partnership Act . 2. Sense of Congress It is the sense of Congress that the United States should— (1) continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability by increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purposes of— (A) improving the interoperability of the military forces of the United States and Taiwan; (B) improving the reserve force of Taiwan; and (C) expanding cooperation in humanitarian assistance and disaster relief; (2) expand and strengthen Taiwan’s capability to conduct security activities, including traditional activities of the combatant commands, cooperation with the National Guard, and through multilateral activities; and (3) using appropriate authorities and consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), seek to develop a partnership between the National Guard and Taiwan as a means of maintaining a sufficient self-defense capability. 3. Annual feasibility report on cooperation between the National Guard and Taiwan (a) In general Not later than February 15, 2022, an annually thereafter, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. (b) Elements Each report required by subsection (a) shall include the following: (1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities. (2) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including— (A) disaster and emergency response; (B) cyber defense and communications security; (C) military medical cooperation; (D) Mandarin-language education and cultural exchange; and (E) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan. (3) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments. (4) Any other matter the Secretary of Defense considers appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s2395is/xml/BILLS-117s2395is.xml |
117-s-2396 | II 117th CONGRESS 1st Session S. 2396 IN THE SENATE OF THE UNITED STATES July 20, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To promote ethics and prevent corruption in Department of Defense contracting and other activities, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of Defense Ethics and Anti-Corruption 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—Revolving door and contractor influence Sec. 101. Heightened revolving door requirements. Sec. 102. Requirements for defense contractors relating to certain former Department of Defense officials and lobbying activities. Sec. 103. Ban on hiring contracting officials enforceable on certain contracts. Sec. 104. Ban on hiring senior officials by giant defense contractors. Sec. 105. Modification of prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the Department of Defense following separation from military service or employment with the Department. Sec. 106. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 107. Prohibition on ownership or trading of stocks in certain companies by Department of Defense officers and employees. TITLE II—Limiting foreign influence Sec. 201. Advising foreign governments. Sec. 202. Ban on former military and civilian intelligence officers from foreign employment. TITLE III—Transparency Sec. 301. Affirmative contractor record disclosures. Sec. 302. Ownership of information. Sec. 303. Financial disclosure by large contractors. I Revolving door and contractor influence 101. Heightened revolving door requirements Section 847 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 1701 note) is amended— (1) in subsection (a)(1), by striking within two years of leaving service and inserting within four years of leaving service ; and (2) in subsection (b)— (A) in paragraph (1)— (i) by striking retained by the Department of Defense in a central database or repository maintained by the General Counsel of the Department for not less than five years and inserting retained by the Department of Defense in a central database or repository maintained by the General Counsel Standards and Conduct Office of the Department for not less than ten years ; and (ii) by inserting and shall be posted on a publicly available Internet website of the General Counsel Standards and Conduct Office after opinion was provided ; and (B) in paragraph (2), by inserting not less than biannually after conduct periodic reviews . 102. Requirements for defense contractors relating to certain former Department of Defense officials and lobbying activities (a) Requirements (1) In general Chapter 141 of title 10, United States Code is amended by adding at the end the following new section: 2410t. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities (a) In general Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of office supplies or food and beverage (vending) services, that is entered into by the Department of Defense shall include a provision under which the contractor agrees to submit to the Secretary of Defense, not later than April 1 of each year such contract is in effect, a written report setting forth the information required by subsection (b). (b) Report information Except as provided in subsection (c), a report by a contractor under subsection (a) shall— (1) list the name of each person who— (A) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces who served— (i) in an Executive Schedule position under subchapter II of chapter 53 of title 5; (ii) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5; (iii) in a position compensated at a rate of pay for grade O–7 or above under section 201 of title 37; or (iv) as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract with a value in excess of $10,000,000; and (B) during the preceding calendar year was provided compensation by the contractor, if such compensation was first provided by the contractor not more than four years after such officer, employee, or member left service in the Department of Defense; (2) in the case of each person listed under subparagraph (A)— (A) identify the agency in which such person was employed or served on active duty during the last two years of such person's service with the Department of Defense; (B) state such person's job title and identify each major defense system, contract, modification, subcontract, task order, and delivery order in excess of $10,000,000, if any, on which such person performed any work with the Department of Defense during the last two years of such person's service with the Department; and (C) state such person's current job title with the contractor and identify each major defense system, contract, modification, subcontract, task order, and delivery order in excess of $10,000,000, on which such person has performed any work on behalf of the contractor; and (3) if the contractor is a client, include— (A) a statement that— (i) lists each specific issue for which the contractor, any employee of the contractor, or any lobbyist paid by the contractor engaged in lobbying activities with the Department of Defense; and (ii) specifies the Federal rule or regulation, Executive order, or other program, policy, contract, or position of the Department of Defense to which the lobbying activities described in clause (i) related; (iii) lists each lobbying activity relating to the Department of Defense that the contractor, any employee of the contractor, or any lobbyist paid by the contractor has engaged in on behalf of the contractor, including— (I) each document prepared by the contractor, any employee of the contractor, or any lobbyist paid by the contractor that was submitted to an officer or employee of the Department of Defense by the lobbyist; (II) each meeting that was a lobbying contact with an officer or employee of the Department of Defense, including the subject of the meeting, the date of the meeting, and the name and position of each individual who attended the meeting; (III) each phone call made to an officer or employee of the Department of Defense that was a lobbying contact, including the subject of the phone call, the date of the phone call, and the name and position of each individual who was on the phone call; and (IV) each electronic communication sent to an officer or employee of the Department of Defense that was a lobbying contact, including the subject of the electronic communication, the date of the electronic communication, and the name and position of each individual who received the electronic communication; (iv) lists the name of each employee of the contractor who— (I) did not participate in a lobbying contact with an officer or employee of the Department of Defense; and (II) engaged in lobbying activities in support of a lobbying contact with an officer or employee of the Department of Defense; and (v) describes the lobbying activities referred to in clause (iv)(II); and (B) a copy of any document transmitted to an officer or employee of the Department of Defense in the course of the lobbying activities described in subparagraph (A)(iv)(II). (c) Duplicate information not required An annual report submitted by a contractor pursuant to subsection (b) need not provide information with respect to any former officer or employee of the Department of Defense or former or retired member of the armed forces if such information has already been provided in a previous annual report filed by such contractor under this section. (d) Definitions In subsection (b)(3), the terms client , lobbying activities , lobbying contact , and lobbyist have the meanings given the terms in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ). . (2) Clerical amendment The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item: Sec. 2410t. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities. . (3) Effective date The amendments made by paragraphs (1) and (2) shall take effect on the date of the enactment of this Act, and shall apply with respect to contracts entered into on or after that date. (b) Future transfer (1) Transfer and redesignation Section 2410t of title 10, United States Code, as added by subsection (a), is transferred to chapter 363, as added by section 1862(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 4661. (2) Clerical amendments (A) Target chapter table of sections The table of sections at the beginning of chapter 363 of title 10, United States Code, as added by section 1862(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item relating to section 4660 the following: Sec. 4661. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities. . (B) Origin chapter table of sections The table of sections at the beginning of chapter 141 of title 10, United States Code, is amended by striking the item relating to section 2410t. (3) Effective date The amendments made by this subsection shall take effect on January 1, 2022. (4) References; savings provisions; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the amendments made under this subsection as if such amendments were made under title XVIII of such Act. 103. Ban on hiring contracting officials enforceable on certain contracts (a) Prohibition (1) In general Any contract for the procurement of goods or services, other than a contract for the procurement of commercial products or services, with a value of excess of $10,000,000 shall include a contract clause prohibiting the contractor from providing compensation to a former Department of Defense official described in paragraph (2) within four years after such former official leaves service in the Department of Defense. (2) Covered department of defense official An official or former official of the Department of Defense is covered by the requirements of this section if such official or former official is a former officer or employee of the Department of Defense or a former or retired member of the Armed Forces who served as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract with a value in excess of $10,000,000, and such person— (A) participated in the contract or license selection; (B) determined or signed off on the technical requirements of the contract or license; or (C) granted the contract or license. (b) Administrative actions In the event that an official or former official of the Department of Defense described in subsection (a)(2), or a Department of Defense contractor, knowingly fails to comply with the requirements of this subsection, the Secretary of Defense may take any of the administrative actions set forth in section 2105 of title 41, United States Code, that the Secretary of Defense determines to be appropriate. 104. Ban on hiring senior officials by giant defense contractors (a) Prohibition (1) In general Any Department of Defense contract for the procurement of goods or services with a giant defense contractor shall include a contract clause prohibiting the contractor from hiring or paying (including as a consultant or lawyer) any covered Department of Defense official within four years after such former official leaves service in the Department of Defense. (2) Definitions In this section: (A) Covered Department of Defense official The term covered Department of Defense official means a former officer or employee of the Department of Defense or a former or retired member of the Armed Forces who served— (i) in an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code; (ii) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code; (iii) in position compensated at a rate of pay for grade O–7 or above under section 201 of title 37, United States Code; or (iv) in a supervisory position compensated at a rate of pay for grade GS–15 of the General Schedule under section 5107 of title 5, United States Code, or higher. (B) Giant defense contractor The term giant defense contractor means a contractor (other than an institution of higher education) that received an average of more than $1,000,000,000 in annual revenue from the Department of Defense or the Department of Energy for contracted work related to the United States nuclear program in the previous three fiscal years. (b) Administrative actions In the event that a covered Department of Defense official, or a Department of Defense contractor, knowingly fails to comply with the requirements of this section, the Secretary of Defense may take any of the administrative actions set forth in section 2105 of title 41, United States Code that the Secretary of Defense determines to be appropriate. (c) Annual report The Inspector General of the Department of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report listing the officials or former officials of the Department of Defense described in subsection (a)(2)(A), or any Department of Defense contractor, subject to any of the administrative actions from the Secretary of Defense under the requirements of subsection (b) during the prior calendar year. 105. Modification of prohibition on lobbying activities with respect to the Department of Defense by certain officers of the Armed Forces and civilian employees of the Department of Defense following separation from military service or employment with the Department Section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1555) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Two-year prohibition and inserting Four-year prohibition ; (B) in paragraph (1), by striking during the two-year period and inserting during the four-year period ; and (C) in paragraph (2)(A), by striking grade O–9 or higher and inserting grade O–7 or higher ; (2) by striking subsection (b); (3) by redesignating subsection (c) as subsection (b); and (4) in subsection (b)(1)(A), as redesignated by paragraph (3), by inserting , including activities in support of lobbying contact with an officer or employee of the Department of Defense before the period at the end. 106. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees (a) In general An officer or employee of the Department of Defense may not participate personally and substantially in any covered matter that the officer or employee knows, or reasonably should know, is likely to have a direct and predictable effect on the financial interests of any of the following: (1) Any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 4 years. (2) A former direct competitor or client of any organization for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 4 years. (3) Any employer with whom the officer or employee is seeking employment. (b) Construction Nothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in covered matters having an effect on their or related financial or other personal interests. (c) Covered matter defined In this section, the term covered matter — (1) means any matter that involves deliberation, decision, or action that is focused upon the interests of specific person or a discrete and identifiable class of persons; and (2) includes policy making that is narrowly focused on the interests of a discrete and identifiable class of persons. 107. Prohibition on ownership or trading of stocks in certain companies by Department of Defense officers and employees (a) Definition In this section: (1) Covered official The term covered official means any official described in section 847(c) of the National Defense Authorization Act for Fiscal Year 2008 ( 10 U.S.C. 1701 note). (2) Publicly traded stock The term publicly traded stock does not include a widely held mutual investment fund as defined in regulations issued by the Office of Government Ethics under section 208(d)(2) of title 18, United States Code. (b) Prohibition on ownership and trading publicly traded stocks (1) Covered officials No covered official may own or trade a publicly traded stock of a company if, during the preceding calendar year, the company received more than $1,000,000,000 in revenue from the Department of Defense, including through 1 or more contracts with the Department. (2) Other officers and employees No officer or employee of the Department of Defense who is not a covered official may own or trade a publicly traded stock of a company that is a contractor or subcontractor of the Department if the Standards of Conduct Office of the Office of the General Counsel of the Department of Defense determines that the value of the stock may be directly or indirectly influenced by any official action of the officer or employee. (3) Penalty Whoever violates paragraph (1) or (2) shall be subject to the penalties set forth in section 216 of title 18, United States Code. II Limiting foreign influence 201. Advising foreign governments Section 207(f) of title 18, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: (3) Permanent restriction without prior approval (A) In general Any person who has been employed as a senior official in the White House, the Department of State; the Department of Defense, or the Department of the Treasury who, without the explicit prior approval of the Secretary of State, performs compensated work for the benefit of a foreign entity that might benefit from the knowledge obtained by the person as a result of such United States Government employment, shall be punished as provided in section 216 of this title. (B) Limitation on approval The Secretary of State may not approve any work described in subparagraph (A) that conflicts with the national security interests of the United States, as determined by the Secretary and verified by the Director of National Intelligence. (C) Annual report The Secretary of State shall submit an annual report listing all of the approvals under subparagraph (A), to include the related foreign entity, the duties as assigned and performed by senior official, and the work role (billet) held by the senior official during the prior calendar year to the Committee on Foreign Relations of the Senate , the Committee on Armed Services of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Affairs of the House of Representatives , the Committee on Armed Services of the House of Representatives , and the Permanent Select Committee on Intelligence of the House of Representatives . . 202. Ban on former military and civilian intelligence officers from foreign employment (a) In general Except as provided in subsection (b), military and civilian intelligence personnel employed by a military intelligence organization possessing a security clearance, upon separation from service or resignation, are prohibited from obtaining employment with a foreign government or a private company doing work predominantly on behalf of a foreign government. (b) Exemption (1) In general Employment with the Government of Australia, of Canada, of New Zealand, or of the United Kingdom is not subject to the prohibition under subsection (a). (2) Waivers (A) Authority Individuals may seek and be granted a waiver by the Secretary of Defense, in consultation with the Secretary of State, for employment by any other foreign government. Such waiver will be presumptively granted in cases that personnel seek employment in jobs focused on humanitarian aid, development, or civilian or nonmilitary infrastructure improvement. Waivers for employment in other jobs shall be determined based on whether such employment would reasonably involve the use or disclosure or appropriation of sources, methods, or skills that could pose a threat to United States’ interests when employed by other countries or enable the repression of the nationals of such countries. (B) Annual report The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on all waivers granted under subparagraph (A). III Transparency 301. Affirmative contractor record disclosures The Secretary of Defense shall publish on a publicly available Internet website the following information to the extent such information is unclassified and non-confidential: (1) In the case of a contract with the Department of Defense for goods or services above the simplified acquisition threshold specified in section 134 of title 41, United States Code— (A) copies of each contract and task delivery order the contractor on such contract has entered into with the Department of Defense during the previous three fiscal years; and (B) past performance information about the contractor to the extent it is maintained by the Department. (2) In the case of a contract with the Department of Defense for goods or services in excess of $10,000,000, all correspondence and documents related to the contract. (3) The contractor report required under section 2410t of title 10, United States Code, as added by section 102 of this Act. 302. Ownership of information Any entity of the Department of Defense that enters into a contract or agreement with, or provides funding to, a nongovernmental entity for the purposes of procuring goods or services shall— (1) for the purposes of paragraph (3), be deemed to have control over all information of the entity related to— (A) any costs or the expenditure of any funds related to the contract or agreement; and (B) any other information related to the performance of the contract or agreement; (2) provide access to the information described in paragraph (1), which shall be considered an agency record , to any person upon request made pursuant to paragraph (3); and (3) include compliance with this subsection as a material term in any contract, agreement, or renewal of a contract or agreement with any nongovernmental entity for the purposes of procuring goods or services. 303. Financial disclosure by large contractors (a) Disclosure requirement (1) In general The Secretary of Defense shall require a covered contractor, as a condition for entering into a contract with the Department of Defense, to make publicly available the following information (excluding information determined to be classified by the Secretary): (A) Audited financial statements. (B) A listing of the salaries of employees performing work on the contract that receive compensation from the contractor in excess of $250,000 per year. (C) A description of all Federal political spending, including lobbying, by the contractor. (2) Suspension and debarment The Secretary of Defense may suspend or debar any covered contractor that fails to comply with the disclosure requirements under paragraph (1). (3) Covered contractor defined The term covered contractor means a contractor (other than an institute of higher education) that— (A) received more than $10,000,000 in annual revenue from Federal Government contracts or licenses in any of the previous three fiscal years; or (B) earned more than 20 percent of its total annual revenue from Federal Government contracts or licenses in any of the previous three fiscal years. | https://www.govinfo.gov/content/pkg/BILLS-117s2396is/xml/BILLS-117s2396is.xml |
117-s-2397 | II 117th CONGRESS 1st Session S. 2397 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Van Hollen (for himself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to extend eligibility for child's benefits until age 26 for certain individuals who are at least half-time students at a post-secondary school, and for other purposes.
1. Short title This Act may be cited as the Helping Students Successfully Overcome Adversity and Rise with Social Security Act or the Helping Students SOAR with Social Security Act . 2. Extension of child’s benefit for certain students under age 26 (a) In general Section 202(d)(1)(B) of the Social Security Act ( 42 U.S.C. 402(d)(1)(B) ) is amended to read as follows: (B) at the time such application was filed was unmarried and— (i) had not attained the age of 18, (ii) was a full-time elementary or secondary school student and had not attained the age of 19, (iii) was a qualifying post-secondary school student and had not attained the age of 26, but only in the case of the child of an individual who— (I) is entitled to disability insurance benefits or was entitled to such benefits until the month the individual attained retirement age, (II) died a fully or currently insured individual, or (III) is entitled to old-age insurance benefits, but only if the child is the child of the individual pursuant to clause (3) of section 216(e), or (iv) is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and . (b) Definition of qualifying post-Secondary school student (1) In general Section 202(d)(7) of such Act ( 42 U.S.C. 402(d)(7)(A) ) is amended— (A) in subparagraph (A)— (i) in the first sentence— (I) by inserting and a qualifying post-secondary school student is an individual who is in at least half-time attendance as a student at a post-secondary school or a comprehensive transition and postsecondary program before , as determined by the Commissioner of Social Security ; (II) by striking if he is paid by his employer and inserting or a qualifying post-secondary school student if the individual is paid by the individual's employer ; (III) by striking at the request, or pursuant to a requirement, of his employer and inserting or a post-secondary school at the request of, or pursuant to a requirement of, the individual's employer ; and (IV) by inserting (unless the individual is employed by such employer under a registered apprenticeship program) before the period; and (ii) in the third sentence, by striking shall be deemed to be such a student and inserting , who is determined to be a student in at least half-time attendance at a post-secondary school, shall be deemed to be such a student ; and (B) in subparagraph (B)— (i) by inserting or a qualifying post-secondary school student before during any period ; (ii) by inserting or, in the case of a qualifying post-secondary school student, any period of nonattendance at a post-secondary school at which the individual has been in at least half-time attendance after full-time attendance ; and (iii) by inserting or, in the case of a qualifying post-secondary school student, in at least half-time attendance at a post-secondary school before immediately following such period each place it appears. (2) Transition from elementary or secondary school Section 202(d)(7)(B) of such Act ( 42 U.S.C. 402(d)(7)(B) ) is amended by adding at the end the following sentence: An individual who has been in full-time attendance at an elementary or secondary school shall, during a succeeding period of nonattendance at such school, be deemed to be a qualifying post-secondary school student if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner that he intends to be in at least half-time attendance at a post-secondary school or a comprehensive transition and postsecondary program immediately following such period. . (c) Definitions of post-Secondary school, registered apprenticeship program, and comprehensive transition and postsecondary program Section 202(d)(7)(C) of such Act ( 42 U.S.C. 402(d)(7)(C) ) is amended by adding at the end the following: (iii) A post-secondary school is an institution described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (iv) A registered apprenticeship program is a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ). (v) A comprehensive transition and postsecondary program is a program defined under paragraph (1) of section 760 of the Higher Education Opportunity Act of 2008 ( 20 U.S.C. 1140 ). . (d) Conforming amendments (1) Section 202(d)(1)(E) of such Act ( 42 U.S.C. 402(d)(1)(E) ) is amended by inserting or (in the case of the child of an individual described in subparagraph (B)(iii)) a qualifying post-secondary school student after student . (2) Section 202(d)(1)(F) of such Act ( 42 U.S.C. 402(d)(1)(F) ) is amended by striking the earlier of— and all that follows through the age of 19, and inserting the following: the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or (in the case of the child of an individual described in subparagraph (B)(iii)) a qualifying post-secondary school student, (ii) the month in which the child attains the age of 19, but (in the case of the child of an individual described in subparagraph (B)(iii)) only if the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26, . (3) Section 202(d)(1)(G) of such Act ( 42 U.S.C. 402(d)(1)(G) ) is amended by striking (if later) and all that follows through the the age of 19, and inserting the following: (if later) the earlier of— (ii) the first month during no part of which the child is a full-time elementary or secondary school student or (in the case of the child of an individual who is described in subparagraph (B)(iii)) a qualifying post-secondary school student, (iii) the month in which the child attains the age of 19, but (in the case of the child of an individual who is described in subparagraph (B)(iii)) only if the child is not a qualifying post-secondary school student during any part of such month, or (iv) the month in which the child attains the age of 26, . (4) Section 202(d)(6)(A) of such Act ( 42 U.S.C. 402(d)(6)(A) ) is amended to read as follows: (A) (i) is a full-time elementary or secondary school student and has not attained the age of 19, (ii) in the case of the child of an individual who is described in paragraph (1)(B)(iii), is a qualifying post-secondary school student and has not attained the age of 26, or (iii) is under a disability (as defined in section 223(d)) and has not attained the age of 22, or . (5) Section 202(d)(6)(D) of such Act ( 42 U.S.C. 402(d)(6)(D) ) is amended to read as follows: (D) the earlier of— (i) the first month during no part of which the child is— (I) under a disability (as so defined), (II) a full-time elementary or secondary school student, or (III) in the case of the child of an individual who is described in paragraph (1)(B)(iii), a qualifying post-secondary school student, (ii) the month in which the child attains the age of 19, but only if— (I) the child is not under a disability (as so defined) in such month, (II) in the case of the child of an individual who is described in paragraph (1)(B)(iii), the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26, but only if the child is not under a disability (as so defined) in such month; or . (6) Section 202(d)(6)(E) of such Act ( 42 U.S.C. 402(d)(6)(E) ) is amended by striking (if later) and all that follows to the end and inserting the following: (if later) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or (in the case of the child of an individual who is described in paragraph (1)(B)(iii)) a qualifying post-secondary school student, (ii) the month in which the child attains the age of 19, but (in the case of the child of an individual who is described in paragraph (1)(B)(iii)) only if the child is not a qualifying post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 26. . (7) Section 202(d)(7)(D) of such Act ( 42 U.S.C. 402(d)(7)(D) ) is amended— (A) by striking A child who and inserting (i) A child who ; (B) by striking clause (i) of paragraph (1)(B) and inserting clause (ii) of paragraph (1)(B) ; and (C) by adding at the end the following: (ii) If the child of an individual who is described in paragraph (1)(B)(iii) attains age 26 at a time when the child is a qualifying post-secondary school student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of this paragraph) on the basis of the child's attendance at a post-secondary school or a comprehensive transition and postsecondary program (as such terms are defined in subparagraph (C)) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from such school or program shall be deemed (for purposes of determining whether the child's entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining the child's initial entitlement to such benefits under clause (iii) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which the child is enrolled at such time (or, if the post-secondary school or comprehensive transition and postsecondary program (as so defined) in which the child is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the courses in which the child is so enrolled on the date the child attains age 26 or until the first day of the third month beginning after such time, whichever first occurs). . (e) Effective date The amendments made by this section shall take effect on the date of enactment of this Act, and shall apply to applications for child's insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) filed on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s2397is/xml/BILLS-117s2397is.xml |
117-s-2398 | II 117th CONGRESS 1st Session S. 2398 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to accommodate certain facilities within rights-of-way on Federal-aid highways.
1. Short title This Act may be cited as the Sustainable Highways Innovation Act . 2. Accommodation of certain facilities within any right-of-way on a Federal-aid highway Section 109 of title 23, United States Code, is amended— (1) in subsection (l)— (A) by striking paragraph (2); (B) by striking the subsection designation and all that follows through In determining in paragraph (1) in the matter preceding subparagraph (A) and inserting the following: (l) Accommodating utility facilities in the right-of-Way (1) Definitions In this subsection: (A) Right-of-way The term right-of-way means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. (B) Utility facility (i) In general The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (ii) Inclusions The term utility facility includes— (I) alternative fueling infrastructure; (II) a renewable energy generation facility; (III) electrical transmission and distribution infrastructure; and (IV) broadband infrastructure and conduit. (2) Accommodation In determining ; and (C) by adding at the end the following: (3) State approval A State, on behalf of the Secretary, may approve accommodating a utility facility described in paragraph (1)(B)(ii) within a right-of-way on a Federal-aid highway. ; and (2) by adding at the end the following: (s) Vegetation management Notwithstanding any other provision of law, States are encouraged to implement, or to enter into partnerships to implement, vegetation management practices, such as increased mowing heights and planting native grasses and pollinator-friendly habitats, along a right-of-way on a Federal-aid highway, if the implementation of those practices— (1) is in the public interest; and (2) will not impair the highway or interfere with the free and safe flow of traffic. . | https://www.govinfo.gov/content/pkg/BILLS-117s2398is/xml/BILLS-117s2398is.xml |
117-s-2399 | II 117th CONGRESS 1st Session S. 2399 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Peters (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide Federal student loan relief for teachers who work in a military impacted community.
1. Short title This Act may be cited as the Defense Community Teacher Support Act . 2. Loan forgiveness for teachers in military impacted communities (a) FFEL loans Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ) is amended— (1) in subsection (b)(1)(A)— (A) by inserting (i) before in a school ; (B) by striking locations; and and inserting locations; or ; and (C) by adding at the end the following: (ii) in a school in a military impacted community; and ; (2) in subsection (c)(3)— (A) in the subsection heading, by inserting or serving military impacted communities after education ; (B) in subparagraph (A)(ii), by striking and after the semicolon; (C) in subparagraph (B)(iii), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (C) an elementary school or secondary school teacher employed in a school in a military impacted community. ; (3) in subsection (g)— (A) in paragraph (1)(A), by striking (b)(1)(A) and inserting (b)(1)(A)(i) ; and (B) by adding at the end the following: (4) Military connected teachers In the case of an elementary school or secondary school teacher who is employed in a school in a military impacted community, is the spouse of a member of the armed forces, and is required to move as a result of the spouse's permanent change of station, the teacher may meet the 5-year teaching requirement of this section by teaching in multiple elementary schools or secondary schools in different military impacted communities. ; and (4) in subsection (h), by striking Definition .— and all that follows through the term and inserting the following: Definitions .—For purposes of this section: (1) Military dependent student The term military dependent student means a student described in subparagraph (B) or (D)(i) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a)(1) ). (2) Military impacted community The term military impacted community , when used with respect to a school, means a school served by a local educational agency for which not less than 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in all schools served by the local educational agency during the preceding school year were military dependent students for such year. (3) Year The term . (b) Federal Direct Loans Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended— (1) in subsection (b)(1)(A)— (A) by inserting (i) before in a school ; (B) by striking locations; and and inserting locations; or ; and (C) by adding at the end the following: (ii) in a school in a military impacted community; and ; (2) in subsection (c)(3)— (A) in the subsection heading, by inserting or serving military impacted communities after education ; (B) in subparagraph (A)(ii), by striking and after the semicolon; (C) in subparagraph (B)(iii), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (C) an elementary school or secondary school teacher employed in a school in a military impacted community. ; (3) in subsection (g)— (A) in paragraph (1)(A), by striking (b)(1)(A) and inserting (b)(1)(A)(i) ; and (B) by adding at the end the following: (4) Military connected teachers In the case of an elementary school or secondary school teacher who is employed in a school in a military impacted community, is the spouse of a member of the armed forces, and is required to move as a result of the spouse's permanent change of station, the teacher may meet the 5-year teaching requirement of this section by teaching in multiple elementary schools or secondary schools in different military impacted communities. ; and (4) in subsection (h), by striking Definition .— and all that follows through the term and inserting the following: Definitions .—For purposes of this section: (1) Military dependent student The term military dependent student means a student described in subparagraph (B) or (D)(i) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a)(1) ). (2) Military impacted community The term military impacted community , when used with respect to a school, means a school served by a local educational agency for which not less than 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in all schools served by the local educational agency during the preceding school year were military dependent students for such year. (3) Year The term . | https://www.govinfo.gov/content/pkg/BILLS-117s2399is/xml/BILLS-117s2399is.xml |
117-s-2400 | II 117th CONGRESS 1st Session S. 2400 IN THE SENATE OF THE UNITED STATES July 20, 2021 Ms. Warren (for herself, Mr. Booker , Ms. Duckworth , Mr. Padilla , Mr. Markey , Mr. Wyden , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a process for the Board on Geographic Names to review and revise offensive names of Federal land units, to create an advisory committee to recommend Federal land unit names to be reviewed by the Board, and for other purposes.
1. Short title This Act may be cited as the Reconciliation in Place Names Act . 2. Findings Congress finds that— (1) the United States contains geographic features named— (A) with derogatory terms that include racial and sexual slurs and stereotypes targeting Native Americans, African Americans, and others; (B) in honor of individuals who— (i) held racially repugnant views; (ii) committed atrocities against Native Americans; or (iii) supported or effectuated discriminatory policies; and (C) to recognize individuals who carried out injustices against racial minorities; (2) place names that include racial or sexual slurs, or honor individuals who held racially repugnant views, committed atrocities against Native Americans, or carried out injustices against racial minorities— (A) perpetuate prejudice; (B) disparage racial minorities; and (C) honor individuals who committed or supported atrocities; (3) no geographic feature in the United States should have a name that— (A) perpetuates prejudice; (B) disparages racial minorities; or (C) honors individuals who committed or supported atrocities against racial minorities; (4) place names in the United States should— (A) be equitable and just; (B) honor the cultural diversity of the United States; and (C) advance dignity for all people in the United States; (5) the Board on Geographic Names is responsible for naming geographic features in the United States; (6) the policies of the Board on Geographic Names— (A) authorize changing the names of geographic features determined to be offensive; and (B) prohibit the use of terms considered to be derogatory or offensive in geographic place names; (7) the renaming process of the Board on Geographic Names— (A) is time consuming; (B) lacks transparency and public involvement; and (C) fails to address the scope and breadth of inappropriate place names; (8) the extent of inappropriate or offensive place names in the United States requires a systematic, public process in which offensive and inappropriate place names are reviewed and replaced; and (9) the process described in paragraph (8) offers an opportunity for reconciliation for— (A) people of the United States who suffer from prejudice and racial violence; and (B) all people of the United States in whose name the acts were committed. 3. Definitions In this Act: (1) Board The term Board means the Board on Geographic Names established by section 2 of the Act of July 25, 1947 ( 43 U.S.C. 364a ). (2) Committee The term Committee means the Advisory Committee on Reconciliation in Place Names established by section 4(a). (3) Federal land unit The term Federal land unit includes— (A) National Forest System land; (B) a unit of the National Park System; (C) a component of the National Wilderness Preservation System; (D) any part of the National Landscape Conservation System; and (E) a unit of the National Wildlife Refuge System. (4) 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 ). (5) Offensive place name The term offensive place name means a domestic geographic place name or Federal land unit that— (A) recognizes an individual who— (i) (I) held racially repugnant views; (II) committed atrocities against Native Americans; or (III) supported or effectuated discriminatory policies; or (ii) carried out other injustices against racial minorities; (B) contains a racial or sexual slur; (C) perpetuates racial, ethnic, or gender-based stereotypes; or (D) is derogatory or otherwise offensive. (6) 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 ). (7) Secretary The term Secretary means the Secretary of the Interior. 4. Advisory committee (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory committee, to be known as the Advisory Committee on Reconciliation in Place Names . (b) Purpose The purpose of the Committee is to advise the Board with respect to renaming geographic features with offensive place names. (c) Membership The Committee shall be composed of 17 members, to be appointed by the Secretary, of whom, to the extent practicable— (1) 4 members shall be members of an Indian Tribe; (2) 1 member shall represent a Tribal organization; (3) 1 member shall represent a Native Hawaiian organization; (4) 4 members shall have a background in civil rights or race relations; (5) 4 members shall have expertise in— (A) anthropology; (B) cultural studies, ethnic studies, or indigenous studies; (C) geography; or (D) history; and (6) 3 members shall represent the general public. (d) Consultation with Indian Tribes Before making an appointment under paragraph (1), (2), or (4) of subsection (c), the Secretary shall consult with Indian Tribes regarding the appointment. (e) Duties The Committee shall— (1) establish a process to solicit and review proposals to rename geographic features and Federal land units with offensive place names; (2) solicit proposals to rename geographic features and Federal land units with offensive place names from— (A) Indian Tribes; (B) appropriate State and local governments; and (C) members of the public; (3) provide an opportunity for public comment on name change proposals; (4) make recommendations to the Board to rename geographic features with offensive place names, including proposed new names; and (5) make recommendations to Congress to rename Federal land units with offensive place names, including proposed new names. (f) Compensation (1) In general Members of the Committee shall serve without compensation. (2) Travel expenses Members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Committee. (g) Staff The Secretary shall provide the Committee with any staff members and technical assistance that the Secretary, after consultation with the Committee, determines to be appropriate to enable the Committee to carry out the duties of the Committee. (h) Rules The Committee may adopt such rules as may be necessary. (i) Applicable law The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (j) Duration (1) Timeline To the extent practicable, not later than 5 years after the date on which the Committee is established, the Committee shall fulfill the duties of the Committee, including the completion of the recommendations required under paragraphs (4) and (5) of subsection (e). (2) Termination The Committee shall terminate on the date that is 1 year after the date on which the Board has approved or rejected each Committee recommendation submitted to the Board under subsection (e)(4). 5. Board review (a) In general Not later than 3 years after the date on which the Board receives a recommendation under section 4(e)(4), the Board shall accept or reject the recommendation. (b) Process The Board shall approve a recommendation of the Committee submitted under section 4(e)(4) unless the Board determines that— (1) there is a compelling reason and substantial public interest in rejecting the recommendation; or (2) approving the recommendation would violate Federal law. (c) Renaming If the Board accepts a recommendation by the Committee to rename a geographic feature, the Board shall rename the geographic feature. (d) Effect A Board policy that prevents the Board from considering a name change due to pending legislation shall not apply to Board action on Committee recommendations. | https://www.govinfo.gov/content/pkg/BILLS-117s2400is/xml/BILLS-117s2400is.xml |
117-s-2401 | II 117th CONGRESS 1st Session S. 2401 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Casey (for himself, Ms. Collins , Ms. Hassan , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Assistive Technology Act of 1998, and for other purposes.
1. Short title This Act may be cited as the 21st Century Assistive Technology Act . 2. Reauthorization The Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) is amended to read as follows: 1. Short title; table of contents (a) Short title This Act may be cited as the Assistive Technology Act of 1998 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Grants for State assistive technology programs. Sec. 5. State grants for protection and advocacy services related to assistive technology. Sec. 6. Technical assistance and data collection support. Sec. 7. Projects of national significance. Sec. 8. Administrative provisions. Sec. 9. Authorization of appropriations; reservations and distribution of funds. 2. Findings and purposes (a) Findings Congress finds the following: (1) Over 54,000,000 individuals in the United States have disabilities, with almost half experiencing severe disabilities that affect their ability to see, hear, communicate, reason, walk, or perform other basic life functions. (2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to— (A) live independently; (B) enjoy self-determination and make choices; (C) benefit from an education; (D) pursue competitive, integrated employment; and (E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States. (3) Technology is one of the primary engines for economic activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the development and utilization of technology is one of the main factors underlying the strength and vibrancy of the economy of the United States. (4) As technology has come to play an increasingly important role in the lives of all persons in the United States, in the conduct of business, in the functioning of government, in the fostering of communication, in the conduct of commerce, and in the provision of education, its impact upon the lives of individuals with disabilities in the United States has been comparable to its impact upon the remainder of the citizens of the United States. Any development in mainstream technology will have profound implications for individuals with disabilities in the United States. (5) Substantial progress has been made in the development of assistive technology devices, including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages. These devices, including adaptations, increase involvement in, and reduce expenditures associated with, programs and activities that facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options, and enable full participation in community living for individuals with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and other aspects of daily living. (6) Over the last 15 years, the Federal Government has invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services. This partnership between the Federal Government and the States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist individuals with disabilities of all ages meet their assistive technology needs. (7) Despite the success of the Federal-State partnership in providing access to assistive technology devices and assistive technology services, there is a continued need to provide information and legally based advocacy about the availability of assistive technology, advances in improving accessibility and functionality of assistive technology, and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society. (8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d )), accessibility provisions of the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ), and the amendments made to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by the No Child Left Behind Act of 2001 ( Public Law 107–110 ; 115 Stat. 1425) and the rapid and unending evolution of technology require a Federal-State investment in State assistive technology programs, as well as an investment in protection and advocacy systems, to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities. (b) Purposes The purposes of this Act are— (1) to support State efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities, for individuals with disabilities of all ages, that are designed to— (A) increase the availability of, funding for, access to, provision of, and training about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities of all ages; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among State agencies, between State and local agencies, among local agencies, and between State and local agencies and private entities (such as managed care providers), that are involved or are eligible to be involved in carrying out activities under this Act; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families, older individuals and their families, and the general population; and (2) to provide States and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services. 3. Definitions In this Act: (1) Adult service program The term adult service program means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, supportive, or employment services, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ); (C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); and (D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ). (2) American Indian consortium The term American Indian consortium means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ( 42 U.S.C. 15041 et seq. ). (3) Assistive technology The term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service. (4) Assistive technology device The term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (5) Assistive technology service The term assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term capacity building and advocacy activities means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-responsive programs or entities; and (B) facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of technology-related assistance The term comprehensive statewide program of technology-related assistance means a consumer-responsive program of technology-related assistance for individuals with disabilities— (A) implemented by a State; (B) equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the State, or the type of assistive technology device or assistive technology service required; and (C) that incorporates all of the activities described in section 4(e) (unless excluded pursuant to section 4(e)(6)). (8) Consumer-responsive The term consumer-responsive — (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of accessible formats) of such individuals; (iii) inclusion, integration, and full participation of such individuals in society; (iv) support for the involvement in decisions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; (ii) responds to the needs of individuals with disabilities in a timely and appropriate manner; and (iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and assistive technology services to such individuals; and (II) decisions related to the maintenance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term disability has the meaning given the term under section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (10) Individual with a disability; individuals with disabilities (A) Individual with a disability The term individual with a disability means any individual of any age, race, or ethnicity— (i) who has a disability; and (ii) who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (B) Individuals with disabilities The term individuals with disabilities means more than 1 individual with a disability. (11) 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) ), and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq. ). (12) Protection and advocacy services The term protection and advocacy services means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10801 et seq. ), or section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e ); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term Secretary means the Secretary of Health and Human Services, acting through the Administrator for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term State means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (B) Outlying areas In section 4(b): (i) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term State does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term State assistive technology program means a program authorized under section 4. (16) Targeted individuals and entities The term targeted individuals and entities means— (A) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations, including the aging workforce; (C) individuals who work for public or private entities (including centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), insurers, or managed care providers) that have contact, or provide services to, with individuals with disabilities; (D) educators at all levels (including providers of early intervention services, elementary schools, secondary schools, community colleges, and vocational and other institutions of higher education) and related services personnel; (E) technology experts (including web designers and procurement officials); (F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell assistive technology devices; (I) entities that carry out community programs designed to develop essential community services in rural and urban areas; and (J) other appropriate individuals and entities, as determined for a State by the State. (17) Underrepresented population The term underrepresented population means a population that is typically underrepresented in service provision, and includes populations such as individuals who have low-incidence disabilities, individuals who are minorities, individuals with a total family income that is below the poverty line (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), individuals with limited English proficiency, older individuals, or individuals from rural areas. (18) Universal design The term universal design means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 4. Grants for State assistive technology programs (a) Grants to States The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) to increase access to assistive technology. (b) Amount of financial assistance (1) In general From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). (2) Calculation of State grants (A) Base year Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 4 of this Act (as in effect on the day before the effective date of the 21st Century Assistive Technology Act ) for fiscal year 2021. (B) Ratable reduction (i) In general If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) Additional funds If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under this paragraph. (C) Higher appropriation years For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph (A), the Secretary shall— (i) make the allotments described in subparagraph (A); (ii) from the funds remaining after the allotments described in clause (i), allot to each State or outlying area an equal amount of such funds, until each State has received an allotment under clause (i) and this clause of not less than $550,000, and each outlying area has received an allotment of $167,500; and (iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii)— (I) from 50 percent of the remainder allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States; and (II) from 50 percent of the remainder, allot to each State an equal amount. (3) Availability of funds Amounts made available for an award year under this section shall be available for the award year and the year following the award year. (c) Lead agency, implementing entity, and advisory council (1) Lead agency and implementing entity (A) Lead agency (i) In general The Governor of a State shall designate a public agency as a lead agency— (I) to control and administer the funds made available through the grant awarded to the State under this section; and (II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. (ii) Duties The duties of the lead agency shall include— (I) preparing the application described in subsection (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance; (II) coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and (III) coordinating culturally competent efforts related to the active, timely, and meaningful participation by individuals with disabilities and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant. (B) Implementing entity The Governor or lead agency may designate an agency, office, or other entity to carry out all State activities under this section (referred to in this section as the implementing entity ), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this Act through a subcontract or another administrative agreement with the lead agency. (C) Change in agency or entity (i) In general On obtaining the approval of the Secretary— (I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary good cause why the entity designated as the lead agency should not serve as that agency; and (II) the Governor or the lead agency may redesignate the implementing entity of a State, if the Governor or lead agency shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity. (ii) Construction Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of the date of enactment of the Assistive Technology Act of 2004 ( Public Law 108–364 ; 118 Stat. 1707). (2) Advisory council (A) In general There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for, planning of, implementation of, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C). (B) Composition and representation (i) Composition The advisory council shall be composed of— (I) individuals with disabilities that use assistive technology, including individuals over 50 years of age, or the family members or guardians of the individuals; (II) a representative of the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) and the State agency for individuals who are blind (within the meaning of section 101 of that Act ( 29 U.S.C. 721 )), if such agency is separate; (III) a representative of a State center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ) or the Statewide Independent Living Council established under section 705 of such Act ( 29 U.S.C. 796d ); (IV) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ); (V) a representative of 1 or more of the following: (aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (bb) the designated State agency for purposes of section 124 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15024 ); (cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(a)(1) ) or an organization that receives assistant under such Act ( 42 U.S.C. 3001 et seq. ); (dd) an organization representing injured veterans; (ee) A University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ); (ff) the State protection and advocacy system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); or (gg) the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ); (VI) a representative of the State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (VII) a representative of an alternative financing program for assistive technology, if— (aa) there is an alternative financing program for assistive technology in the State; (bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and (cc) the program described in item (aa) is operated by a nonprofit entity; and (VIII) representatives of other State agencies, public agencies, or private organizations, as determined by the State. (ii) Majority (I) In general Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), in a manner that ensures— (aa) not less than 31 percent of the members of the advisory council are individuals with disabilities described in such clause; and (bb) not more than 20 percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause. (II) Representatives of agencies Members appointed under subclauses (II) through (VIII) of clause (i) shall not count toward the majority membership requirement established in subclause (I). (iii) Representation The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, types of disabilities across the age span, and users of types of services that an individual with a disability may receive. (C) Expenses The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council. (D) Impact on existing statutes, rules, or policies Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies who carry out State assistive technology programs. (d) Application (1) In general Any State that desires to receive 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. (2) Lead agency and implementing entity (A) In general The application shall contain— (i) information identifying and describing the lead agency referred to in subsection (c)(1)(A); (ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor or lead agency of the State designates such an entity; (iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with subsection (c)(2); and (iv) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council. (B) Change in lead agency or implementing agency In any case where the Governor or lead agency requests to redesignate a lead agency or implementing entity, as the case may be, the Governor or lead agency shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for why the entity designated as the lead agency or implementing entity, as the case may be, should not serve as that agency or entity. (3) State plan The application under this subsection shall include a State plan for assistive technology, consisting of— (A) a description of how the State will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(6)); (B) a description of how the State will allocate and utilize grant funds to implement the activities, including describing proposed budget allocations and planned procedures for tracking expenditures for the activities; (C) measurable goals, and a timeline for meeting the goals, that the State has set for addressing the assistive technology needs of individuals with disabilities in the State related to— (i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) employment, including goals involving the State vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) access to tele-assistive technology to aid in the access of health care services; (iv) accessible information and communication technology training; and (v) community living; (D) information describing how the State will quantifiably measure the goals to determine whether the goals have been achieved, in a manner consistent with the data submitted through the progress reports under subsection (f); and (E) a description of any activities described in subsection (e) that the State will support with State or non-Federal funds. (4) Involvement of public and private entities The application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant, including— (A) in cases determined to be appropriate by the State, a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals; and (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the State. (5) Assurances The application shall include assurances that— (A) the State will annually collect data related to all activities described in paragraph (3)(A), including activities funded by State or non-Federal sources under subsection (e)(1)(B), in order to prepare the progress reports required under subsection (f); (B) funds received through the grant— (i) will be expended in accordance with this section; and (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; (C) the lead agency will control and administer the funds received through the grant; (D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant; (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) regarding accessibility for individuals with disabilities; (F) a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property; (G) activities carried out in the State that are authorized under this Act, and supported by Federal funds received under this Act, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ( 20 U.S.C. 794d ); and (H) the State will— (i) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this Act; and (ii) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this subparagraph. (e) Use of funds (1) Required activities (A) In general Except as provided in subparagraph (B) and paragraph (6), any State that receives a grant under this section shall— (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all of the activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and (ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2). (B) State or non-Federal financial support A State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) if, in that State— (i) financial support is provided from State or other non-Federal resources or entities for that category of activities; and (ii) the amount of the financial support is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the State would have expended for that category of activities, in the absence of this subparagraph. (2) State-level activities (A) State financing activities The State shall support State financing activities to increase access to, and funding for, assistive technology devices and assistive technology services (which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for targeted individuals and entities described in section 3(16)(A), including— (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, assistive technology devices and assistive technology services; (ii) another mechanism that is approved by the Secretary; or (iii) support for the development of a State-financed or privately financed alternative financing program engaged in the provision of assistive technology devices, such as— (I) a low-interest loan fund; (II) an interest buy-down program; (III) a revolving loan fund; or (IV) a loan guarantee or insurance program. (B) Device reutilization programs The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations. (C) Device loan programs The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (D) Device demonstrations (i) In general The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications. (ii) Comprehensive information The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services. (3) State leadership activities (A) Training and technical assistance (i) In general The State shall directly, or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities to, develop and disseminate training materials, conduct training, and provide technical assistance, for individuals from local settings statewide, including representatives of State and local educational agencies, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses. (ii) Authorized activities In carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include— (I) general awareness training on the benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals, especially older individuals, and entities in acquiring assistive technology; (II) skills-development training in assessing the need for assistive technology devices and assistive technology services; (III) training to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions; (IV) training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals; and (V) technical training on integrating assistive technology into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or State law. (iii) Transition assistance to individuals with disabilities The State shall directly, or provide support to public or private entities to, develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to assist— (I) students with disabilities, within the meaning of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), that receive transition services; or (II) adults who are individuals with disabilities maintaining or transitioning to community living. (B) Public-awareness activities (i) In general The State shall conduct public-awareness activities designed to provide information to targeted individuals, including older individuals, and entities relating to the availability, benefits, appropriateness, and costs of assistive technology devices and assistive technology services, including— (I) the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), State vocational rehabilitation centers, public and private employers, or elementary and secondary public schools; (II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, and transportation services to individuals with disabilities. (ii) Statewide information and referral system (I) In general The State shall directly, or in collaboration with public or private (such as nonprofit) entities, provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities. (II) Content The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living. (C) Coordination and collaboration The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities, service providers, and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the State. (4) Indirect costs Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs. (5) Funding rules (A) Prohibition Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability. (B) Federal partner collaboration In order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including— (i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); (iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (iv) the State agency receiving assistance under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ); and (v) any other agency in a State that funds assistive technology. (6) State flexibility (A) In general Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2). (B) Special rule Notwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)— (i) shall carry out each of the required activities described in paragraph (3); and (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities. (7) Assistive technology device disposition Notwithstanding other equipment disposition policies under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private non-profit agency, or individual with a disability in need of such device. (f) Annual progress reports (1) Data collection Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2). (2) Reports (A) In general Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or non-Federal sources under subsection (e)(1)(B), at such time, and in such manner, as the Secretary may require. (B) Contents The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the State— (i) the type of State financing activities described in subsection (e)(2)(A) used by the State; (ii) the amount and type of assistance given to consumers of the State financing activities described in subsection (e)(2)(A) (who shall be classified by type of assistive technology device or assistive technology service financed through the State financing activities, and geographic distribution within the State), including— (I) the number of applications for assistance received; (II) the numbers of applications— (aa) approved; (bb) denied; or (cc) withdrawn; (III) the number, and dollar amount, of defaults for the financing activities; (IV) the range and average interest rate for the financing activities; (V) the range and average income of approved applicants for the financing activities; and (VI) the types and dollar amounts of assistive technology financed; (iii) the number, type, and length of time of loans of assistive technology devices provided to individuals with disabilities, employers, public agencies, or public accommodations through the device loan program described in subsection (e)(2)(C), and an analysis of the individuals with disabilities who have benefited from the device loan program; (iv) the number, type, estimated value, and scope of assistive technology devices exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in subsection (e)(2)(B), and an analysis of the individuals with disabilities that have benefited from the device reutilization program; (v) the number and type of device demonstrations and referrals provided under subsection (e)(2)(D), and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals; (vi) (I) the number and general characteristics of individuals who participated in training under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or vendors) and the topics of such training; and (II) to the extent practicable, the geographic distribution of individuals who participated in the training; (vii) the frequency of provision and nature of technical assistance provided to State and local agencies and other entities; (viii) the number of individuals assisted through the statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public-awareness activities under subsection (e)(3)(B) with a high impact; (ix) the outcomes of any improvement initiatives carried out by the State as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government; (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and (xi) the level of customer satisfaction with the services provided. 5. State grants for protection and advocacy services related to assistive technology (a) Grants (1) In general From amounts made available to carry out this section, the Secretary shall make grants, through allotments under subsection (b), to protection and advocacy systems for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. (2) General authorities In providing such assistance, protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Secretary. (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall reserve, from amounts made available to carry out this section under section 9(b)(3)(B), such sums as may be necessary to carry out paragraph (4). (2) Population basis From the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining funds as the population of the State bears to the population of all States. (3) Minimums Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall— (A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and (B) in the case of a protection and advocacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the American indian consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. (B) Amount of grants The amount of such grants shall be the same as the amount provided under paragraph (3)(A). (5) Adjustment For each fiscal year in which the total amount appropriated under section 9(b)(3)(B) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. (c) Direct payment Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with this section, the total amount of the grant made for such system under this section, unless the system provides otherwise for payment of the grant amount. (d) Carryover; program income (1) Carryover Any amount paid to an eligible system for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the subsequent fiscal year. (2) Program income Program income generated from any amount paid to an eligible system for a fiscal year shall— (A) remain available to the eligible system until expended and be considered an addition to the grant; and (B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in— (1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services; (2) engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities; (3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities; (4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this Act; (5) coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and (6) effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies An entity that receives a grant under this section shall prepare and submit to the lead agency of the State designated under section 4(c)(1) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. (g) Coordination On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section. 6. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting entity The term qualified data collection and reporting entity means a national nonprofit organization with demonstrated expertise in data collection and reporting as described in section 4(f)(2)(B), in order to— (A) provide recipients of grants under this Act with training and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) Qualified protection and advocacy system technical assistance provider The term qualified protection and advocacy system technical assistance provider means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ); and (B) providing technical assistance to protection and advocacy agencies. (3) Qualified training and technical assistance provider The term qualified training and technical assistance provider means a national nonprofit organization with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, including the activities of alternative financing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection support authorized (1) Support for assistive technology training and technical assistance From amounts made available under section 9(b)(1), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection (d)(1) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 5. (2) Support for data collection and reporting assistance From amounts made available under section 9(b)(2), the Secretary shall award, on a competitive basis— (A) 1 grant, contract, or cooperative agreement to a qualified data collection and reporting entity, to enable the qualified data collection and reporting entity to carry out the activities described in subsection (d)(2) for States receiving grants under section 4; and (B) 1 grant, contract, or cooperative agreement to a qualified protection and advocacy system technical assistance provider, to enable the eligible protection and advocacy system to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 5. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Input In awarding grants, contracts, or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph (1), the Secretary shall consider the input of the recipients of grants under sections 4 and 5 and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such individuals; (C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private researchers and developers. (d) Authorized activities (1) Use of funds for assistive technology training and technical assistance (A) Training and technical assistance efforts A qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a training and technical assistance program for States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this Act and public entities not funded under this Act, including— (I) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages; (II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services; (III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in section 4 or 5, as the case may be, and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans; (IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities; (V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and (VI) other requests for training and technical assistance from entities funded under this Act; (ii) in the case of a program that will serve States receiving grants under section 4— (I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and (II) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this Act, other entities funded under this Act, and public and private entities not funded under this Act, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs; (bb) facilitating onsite and electronic information sharing using state-of-the-art internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video broadcasts, on emerging topics that affect State assistive technology programs; (cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs; (dd) sharing best practice and evidence-based practices among State assistive technology programs; (ee) maintaining an accessible website that includes links to State assistive technology programs, appropriate Federal departments and agencies, and private associations; (ff) developing a resource that connects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the areas of assistive technology device loan and demonstration, assistive technology device reuse, State financing, banking, microlending, and finance, for entities funded under this Act, through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs; and (hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 4(e), and reducing duplication of activities among State assistive technology programs; and (iii) includes such other activities as the Secretary may require. (B) Collaboration In developing and providing training and technical assistance under this paragraph, a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall— (i) collaborate with— (I) organizations representing individuals with disabilities; (II) national organizations representing State assistive technology programs; (III) organizations representing State officials and agencies engaged in the delivery of assistive technology; (IV) other qualified data collection and reporting entities and technical assistance providers; (V) providers of State financing activities, including alternative financing programs for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations determined appropriate by the provider or the Secretary; and (ii) in the case of a qualified training and technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and implementing entities for grants under section 4. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the accrued benefits of the activities to individuals who need assistive technology; and (C) in the case of systems that will serve States receiving grants under section 4— (i) measure the outcomes of all activities described in section 4(e) and the progress of the States toward achieving the measurable goals described in section 4(d)(3)(C); and (ii) provide States with the necessary information required under this Act or by the Secretary for reports described in section 4(f)(2). 7. Projects of national significance (a) Definition of project of national significance In this section, the term project of national significance — (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with a spectrum of ability to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) build partnerships between State Medicaid agencies and recipients of grants under section 4 to reutilize durable medical equipment; (B) increase collaboration between the recipients of grants under section 4 and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a note); (C) increase collaboration between recipients of grants under section 4 and area agencies on aging, as such term is defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ), which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits; (D) provide aid to transition youth who are individuals with disabilities from school to adult life, including youth with intellectual and developmental disabilities, especially in— (i) finding employment and postsecondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and (H) increase awareness of and access to other federally funded disability programs, or increase knowledge of assistive technology, as determined appropriate by the Secretary. (b) Projects authorized If funds are available pursuant to section 9(c) to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance. (c) Application A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Award basis (1) Priority In awarding grants under this section, the Secretary shall give priority to a public or private nonprofit entity funded under section 4 or 5 for the most recent award period. (2) Preference For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2) or another category identified by the Secretary, if the Secretary determines that there is reason to prioritize that category of project. (e) Minimum funding level required The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 9 to carry out sections 4, 5, and 6 is equal to or greater than $49,000,000. 8. Administrative provisions (a) General administration (1) In general Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this Act. (2) Collaboration The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this Act. (3) Administration (A) In general In administering this Act, the Administrator of the Administration for Community Living shall ensure that programs funded under this Act will equitably address— (i) the needs of individuals with all types of disabilities and across the age span; and (ii) the use of assistive technology in all potential environments, including employment, education, and community living, or for other reasons. (B) Funding limitation For each fiscal year, not more than one-half of one percent of the total funding appropriated for this Act shall be used by the Administrator of the Administration for Community Living to support the administration of this Act. (b) Review of participating entities (1) In general The Secretary shall assess the extent to which entities that receive grants under this Act are complying with the applicable requirements of this Act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants. (2) Provision of information To assist the Secretary in carrying out the responsibilities of the Secretary under this section, the Secretary may require States to provide relevant information, including the information required under subsection (d). (c) Corrective action and sanctions (1) Corrective action If the Secretary determines that an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. (2) Sanctions If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to one of the following corrective actions selected by the Secretary: (A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. (B) Ineligibility to participate in the grant program in the following year. (C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. (D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for administering the grant program. (3) Appeals procedures The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). (4) Secretarial action As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (5) Public notification The Secretary shall notify the public, by posting on the internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. (d) Annual report to congress (1) In general Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. (2) Contents Such report shall include— (A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 4(f); and (B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3)(C). (e) Construction Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ) or other applicable law. (f) Effect on other assistance This Act may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law. 9. Authorization of appropriations; reservations and distribution of funds (a) In general There are authorized to be appropriated to carry out this Act— (1) $60,000,000 for fiscal year 2022; and (2) such sums as may be necessary for each of fiscal years 2023 through 2026. (b) Reservations and distribution of funds Of the funds made available under subsection (a) to carry out this Act and subject to subsection (c), the Secretary shall— (1) reserve an amount equal to 2 percent of such available funds to carry out section 6(b)(1), of which— (A) an amount equal to 88.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(A); and (B) an amount equal to 14.5 percent of the reservation shall be used for a grant, contract, or cooperative agreement described in section 6(b)(1)(B); (2) reserve an amount equal to 1 percent of such available funds appropriated to carry out section 6(b)(2); and (3) of the amounts remaining after the reservations under paragraphs (1) and (2)— (A) use 85.5 percent of such amounts to carry out section 4; and (B) use 14.5 percent of such amounts to carry out section 5. (c) Limit for projects of national significance In any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000, the Secretary may reserve an amount, which shall not exceed the lesser of the excess amount made available or $2,000,000, for section 7 before carrying out subsection (b). . 3. Effective date This Act, and the amendments made by this Act, shall take effect on the day that is six months after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2401is/xml/BILLS-117s2401is.xml |
117-s-2402 | II 117th CONGRESS 1st Session S. 2402 IN THE SENATE OF THE UNITED STATES July 20, 2021 Ms. Warren (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To establish a pilot program to incentivize employee ownership in defense contracting.
1. Pilot program to incentivize employee ownership in defense contracting (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. (2) Qualified business wholly-owned through an ESOP The term qualified businesses wholly-owned through an ESOP means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code). (b) Authority To use noncompetitive procedures for follow-On contracts to qualified businesses wholly-Owned through an ESOP Notwithstanding the requirements of section 2304 of title 10, United States Code, in the case of a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly-owned through an ESOP, such products or services may be deemed to be available only from the holder of the prior contract and may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly-owned through an ESOP on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database. (c) Verification and reporting of qualified businesses wholly-Owned through an ESOP The Secretary of Defense shall prescribe such procedures as may be necessary for— (1) businesses to verify that they are qualified businesses wholly-owned through an ESOP for the purposes of subsection (b); (2) a qualified businesses wholly-owned through an ESOP to certify that not more than 25 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (3) recording information on each use of the authority under subsection (b), including details relevant to the nature of the contract and the qualified business wholly-owned through an ESOP, and providing such information to the Comptroller General of the United States. (d) Sunset The authority under subsection (b) shall expire on the date that is three years after the date of the enactment of this Act. (e) Comptroller General of the United States report (1) In general Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the individual and aggregate uses of the authority under subsection (b), using such data as may be available up to that time. (2) Elements The report under paragraph (1) shall include the following elements: (A) An assessment of the frequency and nature of the use of the authority under subsection (b). (B) The tendency of businesses to become qualified businesses wholly-owned through an ESOP in order to qualify for the authority under subsection (b). (C) Acquisition authorities that could incentivize businesses to become qualified businesses wholly-owned through an ESOP, including the extension of the authority under subsection (b). (D) Any related matters the Comptroller General considers appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s2402is/xml/BILLS-117s2402is.xml |
117-s-2403 | II 117th CONGRESS 1st Session S. 2403 IN THE SENATE OF THE UNITED STATES July 20, 2021 Mr. Markey (for himself, Mr. Wyden , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To assist those subject to politically motivated charges in Turkey, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Turkey Human Rights Promotion Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Statement of policy. Sec. 5. Sense of Congress on press freedom. Sec. 6. Sense of Congress on internet freedom. Sec. 7. Sense of Congress on protecting lawyers and promoting fair trials. Sec. 8. Sense of Congress on accountability for human rights violations. Sec. 9. Political prisoners assistance. 2. Findings Congress makes the following findings: (1) The United States values its longstanding alliance with the Republic of Turkey and its friendship with the people of Turkey, and seeks to promote their democratic aspirations. (2) Actions taken by the Government of Turkey in the aftermath of the attempted coup of July 2016 have significantly expanded the government’s crackdown on freedoms of expression, peaceful assembly, and association. Freedom House assessed Turkey to be not free in its Freedom in the World 2021 report. (3) Since July 2016, Turkish authorities have detained tens of thousands of people they accused of aiding the coup attempt or supporting terrorism, sweeping up journalists, opposition politicians, dissidents, and others. The end of the state of emergency in 2018 has not led to an improvement in fundamental freedoms in Turkey as the Government of Turkey has codified several provisions from the state of emergency into law. (4) The Government of Turkey has used the attempted coup as justification for a broader crackdown. (5) The 2020 Country Reports on Human Rights Practices: Turkey states, Under broad antiterror legislation passed in 2018 the government continued to restrict fundamental freedoms and compromised the rule of law. Since the 2016 coup attempt, authorities have dismissed or suspended more than 60,000 police and military personnel and approximately 125,000 civil servants, dismissed one-third of the judiciary, arrested or imprisoned more than 90,000 citizens, and closed more than 1,500 nongovernmental organizations on terrorism-related grounds, primarily for alleged ties to the movement of cleric Fethullah Gulen, whom the government accused of masterminding the coup attempt and designated as the leader of the Fethullah Terrorist Organization . . (6) A 2020 Reuters investigative press report revealed that the Government of Turkey terminated 4,000 judges and prosecutors since 2016. A 2020 Human Rights Watch report highlighted the continued arbitrary detention of lawyers, which runs contrary to Turkey’s obligations under the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights ), and other human rights obligations. (7) Turkey is the world’s second worst jailer of journalists, according to the Committee to Protect Journalists. (8) President Recep Tayyip Erdoğan began a crackdown on journalism even before the 2016 coup attempt, which he then intensified. The Committee to Protect Journalists estimated that Turkey was holding at least 37 journalists in jail at the end of 2020. According to a September 18, 2019 joint statement by civil society organizations, at least 180 media outlets have been forcibly closed since the coup attempt of which Kurdish-language and Kurdish-focused media outlets are especially vulnerable. (9) The Government of Turkey has also targeted writers and academics. Of roughly 2,000 academics who signed a January 2016 petition calling for a restart to peace negotiations between the government and the armed Kurdistan Workers’ Party, more than 700 scholars were criminally charged with supporting propaganda for a terrorist organization. (10) The Government of Turkey continues its unjust, 3-year detention of civil society leader Osman Kavala. In 2017, Turkish authorities charged Kavala and 15 others with attempting to overthrow the government or to prevent it from performing its duties based on ill-founded accusations regarding the group’s role in the 2013 protests. In December 2019, the European Court of Human Rights (ECHR) ruled that Kavala’s detention took place in the absence of sufficient evidence that he had committed an offense, in violation of his right to liberty and security under the European Convention on Human Rights. Turkey responded by acquitting Kavala, but immediately rearrested him under new charges related to the 2016 coup attempt, purported espionage, and continues to ignore the binding ECHR ruling. (11) In 2017, Turkish police arrested Amnesty International Turkey founding member Taner Kiliç and its director, Idil Eser, charging them as supporters of terrorism. In July 2020, a Turkish court unjustly sentenced Kiliç to over 6 years in prison and Eser to more than 2 years in prison. (12) The Government of Turkey continues its unjust detention of Selhattin Demirtaş, a Kurdish politician detained with other members of the People’s Democratic Party in 2016. Demirtaş was a member of parliament at the time of his arrest for allegedly carrying out terrorist propaganda by speaking out in support of peace negotiations with the Kurdistan Workers’ Party. The European Court of Human Rights ruled in November 2018 that his detention had pursued the predominant ulterior purpose of stifling pluralism and limiting freedom of political debate, which was at the very core of the concept of a democratic society . In December 2020, the ECHR ruled that Turkey must immediately release Demirtaş from prison, which Turkey continues to ignore. (13) The Government of Turkey has targeted lawyers, with particular focus on criminal defense lawyers, prosecuting them for discharging their professional duties and associating them, without evidence, with the alleged crimes of their clients. Fair trial rights and protections for lawyers have been restricted just as they are most critically needed given mass detentions and the wider crackdown on dissent. Police have also intimidated lawyers and obstructed their work. (14) The Government of Turkey heavily restricts and censors the internet. In 2019, the government blocked more than 408,000 websites, 40,000 tweets, 10,000 YouTube videos, and 6,200 Facebook shares, and blocked Wikipedia between 2017 and 2020. In early 2021, the government enacted a new social media law, which threatens social media companies that do not obey requests to remove content. Twitter, and its live video-streaming services, are currently facing pressure in the form of advertising bans by the Government of Turkey as a result of their unwillingness to appoint local representatives to handle government removal requests. (15) Turkey ranks among the countries with the highest number of content removal requests sent to Twitter and Facebook, according to the companies’ transparency reports. (16) The Government of Turkey has demonstrated a disregard for fundamental freedoms beyond Turkey’s borders, including in the United States. In 2016, members of President Erdoğan's security detail engaged in violence against journalists reporting on an event at the Brookings Institution. During President Erdoğan’s May 2017 visit to Washington, DC, individuals from the Turkish Embassy grounds pushed past District of Columbia police officers to brutally attack individuals demonstrating peacefully in opposition to policies of the Government of Turkey. (17) The Government of Turkey has abused international institutions to target critics, triggering a flood of Interpol red notice requests to detain critics abroad , according to Freedom House. Targets include United States permanent resident Enes Kanter, a professional basketball player, human rights activist, and vocal critic of President Erdoğan. (18) Since 2014, the Government of Turkey has pursued opponents and critics in more than 30 countries, securing the renditions of at least 58 people without due process in what Freedom House has characterized as a campaign of transnational repression , unrivaled by any other country. In a March 2021 report, the Office of the High Commissioner for Human Rights stated that the increase cases in arbitrary detention may constitute crimes against humanity . (19) The Government of Turkey threatens to escalate its targeting of critics internationally, consistent with an overly broad domestic counterterrorism campaign. On October 30, 2019, President Erdoğan stated, Some countries eliminate terrorists whom they consider as a threat to their national security, wherever they are. Therefore, this means those countries accept Turkey has the same right. This includes the terrorists they shake hands with and praise. . He added that he hoped to deliver good news on the matter soon. 3. Definitions In this Act: (1) Political prisoner The term political prisoner means a person who has been deprived of his or her personal liberty if— (A) the detention has been imposed in violation of one of the fundamental guarantees set out in the European Convention on Human Rights, particularly— (i) freedom of thought, conscience, and religion; (ii) freedom of expression and information; and (iii) freedom of assembly and association; (B) the detention has been imposed for purely political reasons without connection to any offense; (C) for political motives, the length of the detention or its conditions are clearly out of proportion to the offense of which the person has been found guilty or is suspected; (D) for political motives, he or she is detained in a discriminatory manner as compared to other persons; or (E) the detention is the result of proceedings which were clearly unfair and appear to be connected with political motives of the authorities. (2) Prisoner of conscience The term prisoner of conscience means any person who— (A) is imprisoned or otherwise physically restricted solely for the peaceful exercise of his or her human rights; and (B) has not used violence or advocated violence or hatred. 4. Statement of policy It is the policy of the United States— (1) to support democracy, peace, and prosperity in Turkey; (2) to oppose the abuse of counterterrorism authorities, including targeting journalists, political opponents, dissidents, minorities (including Kurds), and others engaged in exercising their right to freedoms of expression, peaceful assembly, or association; (3) to consider those unfairly detained or imprisoned under counterterrorism authorities on politically motivated grounds to be prisoners of conscience or political prisoners, as appropriate, unless there is probative evidence of specific criminal misconduct presented in proceedings that comply with international fair trial standards; (4) to use all diplomatic tools to advocate that all prisoners of conscience and political prisoners in Turkey should be released; (5) to support and pressure the Government of Turkey in the repeal or amendment of— (A) all anti-terrorism laws and regulations that allow the government to unjustly target journalists, political opponents, dissidents, and minorities; (B) all laws and regulations that violate the right to freedoms of expression, peaceful assembly, or association in a manner not permitted by international legal standards, including laws and regulations that seek to punish those who insult political figures or denigrate the Turkish nation or state institutions; and (C) all laws and regulations that violate the right to a fair trial; and (6) to oppose the export to Turkey by any country of surveillance technologies, including software, that could be used to monitor the activities of journalists, political opponents, dissidents, or minorities. 5. Sense of Congress on press freedom It is the sense of Congress that— (1) the Government of Turkey must take steps to significantly improve the dire climate for journalists and those supporting the journalism profession, including— (A) ending the enforcement of draconian laws and regulations that restrict freedom of expression; and (B) releasing all journalists and media workers who have been imprisoned for fulfilling their professional responsibilities; (2) the Department of State should provide assistance and warnings of impending politically motivated detention or harm to journalists and media workers in danger in Turkey, regardless of citizenship status, including journalists working for Kurdish media organizations; (3) United States Government officials should prioritize demands to release unfairly detained journalists and media workers in their communications with Turkish officials; and (4) press freedom and the freedom of expression are fundamental human rights and should be upheld and protected in Turkey and everywhere. 6. Sense of Congress on internet freedom It is the sense of Congress that— (1) the Government of Turkey must cease its ongoing crackdown on free expression on the internet, including by repealing or amending laws that allow the government to block a website or remove content from the website if there is sufficient suspicion that the site is insulting political figures; (2) the Department of State should support and pressure the Government of Turkey— (A) to halt its frequent requests that social media companies block accounts and content of journalists and media outlets; and (B) to ensure that the Radio and Television Supreme Council does not arbitrarily restrict online streaming services through a costly and opaque licensing regime; and (3) escalating controls regulating internet use are an attempt by the Government of Turkey to silence one of the last platforms for independent journalism in the country. 7. Sense of Congress on protecting lawyers and promoting fair trials It is the sense of Congress that— (1) the Government of Turkey must— (A) halt its indiscriminate detention and prosecution of lawyers, judges, prosecutors, and court officials, and its targeting of lawyers’ associations; (B) repeal laws restricting the right of lawyers to discharge their professional duties, the rights of suspects to legal counsel, and the right of lawyer-client privileged communication; (C) ensure that lawyers can visit detainees in police custody, and remind police and prosecutors of the protected role of lawyers under Article 14 of the International Covenant on Civil and Political Rights, Articles 5 and 6 of the European Convention on Human Rights, and the United Nations Basic Principles on the Role of Lawyers; and (D) end the practice of prosecuting lawyers based on whom they have represented as clients; (2) the Department of State should pressure the Government of Turkey— (A) to abolish extended pretrial detention, consistent with Turkey’s Judicial Reform Strategy; (B) to reverse the April 2017 amendment to Article 159 of the Constitution, which allows for political control over the nomination procedures to the Council of Judges and Prosecutors; and (C) to ensure the independence of judges and of the judiciary system, with particular focus on the Ministry of Justice; and (3) the independence of any country’s judicial system suffers when lawyers— (A) are subject to intimidation and harassment in their work; and (B) are identified with the causes of their clients. 8. Sense of Congress on accountability for human rights violations It is the sense of Congress that if the Government of Turkey does not promptly take effective steps to address the human rights violations described in this Act— (1) the President of the United States should impose sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note) with respect to officials of the Government of Turkey found responsible for— (A) the detention of prisoners of conscience and political prisoners; (B) the politically motivated detention of journalists; (C) restricting of freedom of free expression through social media; and (D) other gross violations of internationally recognized human rights; (2) the President should confirm that United States security assistance provided to the Government of Turkey is fully consistent with the conditions mandated in section 36 of the Arms Export Control Act (( 22 U.S.C. 2776 )) and the human rights provisions contained in section 620M of the Foreign Assistance Act of 1961, ( 22 U.S.C. 2378d ); (3) the Secretary of the Treasury should instruct the United States executive director of each international financial institution to oppose any loan, grant, policy, or strategy determined to be directly enabling the Government of Turkey to violate the human rights of its citizens; and (4) the Secretary of State should impose visa restrictions under the announced Khashoggi Ban , pursuant to section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) ) on— (A) individuals who, acting on behalf of the government, are believed to have been directly engaged in serious, extraterritorial counter-dissident activities, including those who— (i) suppress, harass, surveil, threaten, or harm journalists, activists, or other persons perceived to be dissidents for their work; or (ii) engage in such activities with respect to the families or other close associates of such persons; and (B) family members of individuals described in subparagraph (A), as appropriate. 9. Political prisoners assistance The Secretary of State shall provide assistance to civil society organizations in Turkey that work to secure the release of prisoners of conscience and political prisoners in Turkey, and to current and former prisoners of conscience and political prisoners in Turkey, including— (1) support for the documentation of human rights violations with respect to prisoners of conscience and politically motivated prisoners; (2) support for advocacy in Turkey to raise awareness of issues relating to prisoners of conscience and political prisoners; (3) support for efforts to repeal or amend laws or regulations that are used to imprison individuals as prisoners of conscience or political prisoners; (4) support, including travel costs, and legal fees, for families of prisoners of conscience and political prisoners; (5) support for health, including mental health, and post-incarceration assistance in gaining access to education and employment opportunities or other forms of reparation to enable former prisoners of conscience and political prisoners to resume a normal life; and (6) the delegation of specific United States mission staff who will observe trials in politically motivated cases, including in Southeast Turkey. | https://www.govinfo.gov/content/pkg/BILLS-117s2403is/xml/BILLS-117s2403is.xml |
117-s-2404 | II 117th CONGRESS 1st Session S. 2404 IN THE SENATE OF THE UNITED STATES July 20, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve Federal activities relating to wildfires, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Western Wildfire Support Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Preparation Sec. 101. Firefighting accounts. Sec. 102. Reimbursement for wildfires caused by military training. Sec. 103. Strategic wildland fire management planning. Sec. 104. Accounts to assist communities in planning and preparing for wildfires. Sec. 105. Community support during disaster response. TITLE II—Wildfire detection and suppression support Sec. 201. Wildfire detection equipment. Sec. 202. Grant program for slip-on tank units. Sec. 203. Assistance to States for operation of air tankers. Sec. 204. Research and development of unmanned aircraft system fire applications. Sec. 205. Study on effects of drone incursions on wildfire suppression. Sec. 206. Study on wildfire detection equipment and integration of artificial intelligence technologies. TITLE III—Post-fire recovery support Sec. 301. Funding for online guides for post-fire assistance. Sec. 302. Long-Term Burned Area Recovery account. Sec. 303. Prize for wildfire-related invasive species reduction. 2. Definitions In this Act: (1) Congressional committees The term congressional committees means— (A) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives. (2) Federal land The term Federal land means— (A) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (B) units of the National Park System; (C) units of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian Tribes or members of an Indian Tribe; and (E) land in the National Forest System. (3) National Forest System (A) In general The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (B) Exclusion The term National Forest System does not include— (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (ii) National Forest System land east of the 100th meridian. (4) Secretaries The term Secretaries means— (A) the Secretary of the Interior; and (B) the Secretary of Agriculture. (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, in the case of Federal land under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, in the case of Federal land under the jurisdiction of the Secretary of Agriculture. I Preparation 101. Firefighting accounts (a) Establishment of accounts There are established in the Treasury of the United States the following accounts: (1) The Firefighting Operations account for the Department of Agriculture. (2) The Firefighting Operations account for the Department of the Interior. (b) Budget activities within accounts The following activities shall be specified for funding within each Firefighting Operations account established by subsection (a): (1) Ground-based firefighting operations. (2) Aircraft use in firefighting operations. (c) Authorization of appropriations (1) Ground-based firefighting operations (A) Department of Agriculture There is authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter to the account established by subsection (a)(1) not more than $3,000,000,000 for ground-based firefighting operations. (B) Department of the Interior There is authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter to the account established by subsection (a)(2) not more than $1,000,000,000 for ground-based firefighting operations. (2) Aircraft use in firefighting operations There is authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter to the accounts established by subsection (a), a total amount of not more than $500,000,000 for aircraft use in firefighting operations. (d) Presidential budget requests For fiscal year 2023 and each fiscal year thereafter, each Secretary concerned shall submit through the budget request of the President and in accordance with subsection (c), a request for amounts in the Wildland Fire Management appropriation account of the Secretary concerned to carry out the activities described in subsection (e). (e) Authorized activities (1) In general The Secretaries shall use amounts provided to the respective accounts established under subsection (a) as follows: (A) The Secretary of Agriculture shall use amounts appropriated under subsection (c)(1)(A) to carry out management activities for active wildfires through the Forest Service, except that none of the amounts may be used for the operation of aircraft. (B) The Secretary of the Interior shall use amounts appropriated under subsection (c)(1)(B) to carry out management activities for active wildfires, except that none of the amounts may be used for the operation of aircraft. (C) The Secretary concerned shall use amounts appropriated under subsection (c)(2) to acquire, by contract or purchase, and use aircraft, including unmanned aerial systems, for operations relating to wildland fires. (2) Limitation The Secretary concerned shall not use to carry out any activity authorized by paragraph (1)(C) amounts appropriated to accounts of the Secretary concerned other than amounts in the accounts established by subsection (a) specified for activities described in subsection (b)(2). (f) Accounting reports (1) In general Each Secretary concerned shall submit to the congressional committees monthly accounting reports regarding the amounts that have been obligated and expended under this section during the preceding month of the applicable fiscal year. (2) Inclusions Each report under paragraph (1) shall include a description of, with respect to the period covered by the report— (A) Federal ground-based equipment costs; (B) Federal aircraft use costs; (C) Federal personnel costs; (D) on-incident and off-incident support costs; and (E) funding allocated from the Wildland Fire Management account of the Secretary concerned to pay for administrative costs. (3) Requirements Each report under paragraph (1) shall be prepared in accordance with applicable national fire plan reporting procedures. 102. Reimbursement for wildfires caused by military training (a) Reimbursement required The Secretary of Defense shall, on application by a State or Federal agency, reimburse the State or Federal agency for the reasonable costs of the State or Federal agency for services provided in connection with fire suppression as a result of a fire caused by military training or other actions carried out by the Armed Forces or employees of the Department of Defense. (b) Limitation Services reimbursable under subsection (a) shall be limited to services proximately related to the fire for which reimbursement is sought. (c) Application Each application from a State or Federal agency for reimbursement for costs under subsection (a) shall provide an itemized request of the services covered by the application, including the costs of the services. (d) Funds Reimbursements under subsection (a) shall be made from amounts authorized to be appropriated to the Department of Defense for operation and maintenance. 103. Strategic wildland fire management planning (a) In general Not later than September 30, 2024, the Secretary concerned shall, in accordance with this section, establish a series of spatial fire management plans. (b) Use of existing plans To comply with this section, the Secretary concerned may use a fire management plan in existence on the date of enactment of this Act. (c) Updates To be valid, a spatial fire management plan established under this section shall not be in use for longer than the 10-year period beginning on the date on which the plan is established. (d) Sub-Unit plans The Secretary concerned shall establish a spatial fire management plan for each unit of Federal land with more than 10 acres of burnable vegetation under the jurisdiction of the Secretary concerned. (e) Contents For each spatial fire management plan established under this section, the Secretary concerned shall— (1) base the plans on a landscape-scale risk assessment that includes— (A) risks to firefighters; (B) risks to communities; (C) risks to highly valuable resources; and (D) other relevant considerations determined by the Secretary concerned; (2) include direction, represented in spatial form, from land management plans and resource management plans; (3) in coordination with States, delineate potential wildland fire operational delineations that— (A) identify potential control locations; and (B) specify the places in which firefighters will not be sent because of the presence of unacceptable risk, including areas determined by the Secretary concerned as— (i) exceeding a certain slope; (ii) containing too high of a volume of hazardous fuels, under certain weather conditions; or (iii) containing other known hazards; (4) include a determination of average severe fire weather for the plan area; (5) include prefire planning provisions; (6) include a plan for postfire activities that— (A) would better enable a Burned Area Emergency Response Team working on a large fire incident to address emergency stabilization and erosion quickly; and (B) specifies ways in which the Burned Area Emergency Response Team would seek to prevent the proliferation of invasive species in working on the large fire incident; and (7) include, at a minimum, any other requirement determined to be necessary by the Secretary concerned. (f) Consistency with management plans The spatial fire management plans established under this section shall be consistent with the fire management objectives and land management objectives in the applicable land management plan or resource management plan. (g) Revisions to land management plans and resource management plans A revision to a land management plan or resource management plan shall consider fire ecology and fire management in a manner that facilitates the issuance of direction for an incident response. (h) Engagement during land management planning A supervisory employee of the Department of the Interior or the Department of Agriculture that is funded through a Firefighting Operations account established under section 101 shall participate directly in the creation or revision of an applicable land management plan or resource management plan to incorporate an assessment, protocol, or plan developed under this Act into the planning process. 104. Accounts to assist communities in planning and preparing for wildfires (a) Establishment of accounts There are established in the Treasury of the United States the following accounts: (1) The Community-Supported Land-Use Planning Assistance account for the Department of Agriculture. (2) The Community-Supported Land-Use Planning Assistance account for the Department of the Interior. (b) Budget activities within accounts The following activities shall be specified for funding within each Community-Supported Land-Use Planning Assistance account established by subsection (a): (1) The Firewise Program operated by the National Fire Protection Association. (2) Community wildfire protection programs. (3) The Fire-Adapted Communities Learning Network. (4) Vegetation management by communities. (c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter for the accounts established by subsection (a) such sums as are necessary to carry out this section, not to exceed $200,000,000. (d) Presidential budget requests For fiscal year 2023 and each fiscal year thereafter, each Secretary concerned shall submit through the budget request of the President and in accordance with subsection (c), a request for amounts in the Wildland Fire Management appropriation account of the Secretary concerned to carry out the activities described in subsection (b). (e) Authorized activities The Secretary concerned shall use amounts in the accounts established by subsection (a) as follows: (1) With respect to amounts appropriated for the activity described in subsection (b)(1), the Secretary concerned may— (A) cosponsor the Firewise Program; and (B) support the expansion of the Firewise Communities/USA Recognition Program to additional at-risk communities. (2) With respect to amounts appropriated for the activity described in subsection (b)(2), the Secretary concerned may provide assistance to at-risk communities to establish and revise— (A) a community wildfire protection plan (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); or (B) a community evacuation plan. (3) With respect to amounts appropriated for the activity described in subsection (b)(3), the Secretary concerned shall establish a small grant program to address local hazard reduction on Federal, State, or private land, subject to the conditions that— (A) a grant provided under the program— (i) may be awarded to an organization in an at-risk community to address, in a sole instance, a hazardous fuel in a specific location, including piling and burning, and implementing a prescribed fire on private land; (ii) shall not exceed $20,000; and (iii) shall require cost-sharing assistance in an amount equal to not less than 10 percent of the amount of the grant; (B) the work identified for funding under the grant shall be accomplished by a team composed of, at a minimum— (i) a private citizen; (ii) a representative of a nonprofit organization; and (iii) a local fire department, including a volunteer fire department; (C) to be eligible for a grant under the program, a strategic plan outlining the means by which the applicant will address a hazardous fuel shall be submitted to the Secretary concerned; and (D) on completion of a grant project, the grant recipient shall— (i) submit to the Secretary concerned a report; and (ii) participate in training another grant recipient during the following fiscal year. (4) With respect to amounts appropriated for the activity described in subsection (b)(4), the Secretary concerned may provide cost-sharing assistance for the establishment and operation of a local program in an at-risk community to assist homeowners in the disposal of brush and slash generated by hazard reduction activities. 105. Community support during disaster response (a) In general The Secretaries shall establish a program to train and certify a citizen who wishes to be able to volunteer to assist the Secretaries during a wildland fire incident. (b) Service (1) In general The Secretaries shall establish several categories of service for each manner in which a volunteer certified under this section may provide assistance. (2) Direct suppression of wildland fires No volunteer certified under this section may engage in an operation to directly suppress a wildland fire. (3) Direction A volunteer under this section shall— (A) report to a designee of an incident commander prior to providing any assistance on a wildland fire; and (B) operate continuously under the direction of the designee while providing assistance on a wildland fire. (c) Certification (1) Criteria (A) In general The Secretaries shall certify volunteers to provide assistance for each category of service established under subsection (b). (B) Establishment of criteria The Secretaries shall establish criteria for a volunteer to be certified for each category of service. (C) Attendance Attendance at training conducted under paragraph (2) shall be 1 of the criteria established under subparagraph (B). (D) Assessment The Secretaries shall assess the knowledge, skills, or abilities, of a person prior to certifying a person to become a volunteer. (2) Training (A) In general The Secretaries shall regularly conduct training for citizens who desire to be certified as volunteers. (B) Content The training shall include, at a minimum, a safety component in an effort to minimize inherent threats to volunteers and maximize the safety of a volunteer, to the maximum extent practicable, as a volunteer provides assistance on a wildland fire. (C) Frequency The Secretaries shall offer, at a minimum, 1 training session in each State with significant wildfire risk, not less than every 2 years. (3) Identification (A) In general On the certification of a volunteer, the Secretary concerned shall provide to the volunteer a means of identification as a volunteer. (B) Display A volunteer certified under this section shall display, continuously while assisting in a wildland fire, the means of identification. II Wildfire detection and suppression support 201. Wildfire detection equipment To the extent practicable, the Secretary concerned shall— (1) expedite the placement of wildfire detection equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire; (2) expand the use of satellite data to assist wildfire response; and (3) expedite any permitting required by the Secretary concerned for the installation, maintenance, or removal of wildfire detection equipment. 202. Grant program for slip-on tank units (a) In general The Secretaries shall establish a program to award to an eligible State or unit of local government each year grants to acquire slip-on tank and pump units (referred to in this section as slip-on units ) for a surge capacity of resources for fire suppression. (b) Eligibility (1) In general To be eligible to receive a grant under this section, a State or unit of local government shall— (A) submit an application at such time, in such manner, and containing such information as the Secretaries may require; and (B) contribute non-Federal funds in accordance with paragraph (2). (2) Cost-share requirements The non-Federal share of the cost of acquiring slip-on units using a grant under this section shall be not less than 25 percent. (c) Use of funds (1) In general Grants awarded under this section shall be used only for the acquisition of not fewer than 30 slip-on units. (2) Restrictions A recipient of a grant under this section— (A) shall be responsible for the cost of the maintenance and use of the slip-on units; and (B) may not use grant funds for a cost described in subparagraph (A). (d) Requirements for operation of slip-On units A recipient of a grant under this section shall— (1) in maintaining and storing the slip-on units— (A) store and mount a slip-on unit on a vehicle only during— (i) a period of extreme fire danger; or (ii) an active wildland fire; (B) designate a vehicle and personnel to be used with each slip-on unit; (C) make any necessary modification to a designated vehicle to ensure compatibility with the use of the slip-on unit; (D) train designated personnel to use the slip-on unit; (E) ensure designated personnel possess elementary wildland fire management skills, including post-fire-front structure-protection tactics; and (F) maintain each slip-on unit in good, usable condition for a period of not fewer than 20 years; (2) during a large, active wildland fire— (A) staff each designated vehicle equipped with a slip-on unit with— (i) a person designated under paragraph (1)(B); and (ii) a trained firefighter, regardless of whether the trained firefighter is paid, volunteer, or off-duty but paid; (B) organize each designated vehicle equipped with a slip-on unit into a team with other designated vehicles under the direction of a qualified task force leader; and (C) use each designated vehicle equipped with a slip-on unit primarily for the purpose of following behind the wildland fire front— (i) to prevent homes from igniting; and (ii) to alert fire engines of structures that have ignited; and (3) comply with any other requirements determined to be necessary by the Secretaries, including any minimum requirements for a slip-on unit and any additional required equipment. 203. Assistance to States for operation of air tankers The Secretary concerned may provide funding to States to enable States to operate not more than 50 single-engine air tankers if— (1) the single-engine air tanker is government-owned and contractor-operated or government-owned and government-operated; (2) a State receiving funding for a single-engine air tanker under this section shares the cost with the Secretary of the acquisition and operation of the aircraft; and (3) the single-engine air tanker— (A) shall be used for initial attack; and (B) shall not be used for large fire aviation support. 204. Research and development of unmanned aircraft system fire applications (a) Definitions In this section: (1) Covered unmanned aircraft test range The term covered unmanned aircraft test range means a test range that is approved of or designated by the Administrator of the Federal Aviation Administration for the testing of unmanned aircraft systems, as required under section 44803 of title 49, United States Code. (2) Unmanned aircraft system The term unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system of the Federal Aviation Administration. (b) Joint fire science program The Secretary of the Interior shall, acting through the Joint Fire Science Program, work with covered unmanned aircraft test ranges to carry out research and development of unmanned aircraft system fire applications. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Interior such sums as are necessary to carry out this section. 205. Study on effects of drone incursions on wildfire suppression (a) Definitions In this section: (1) Drone The term drone means an unmanned aircraft system owned by a private individual or entity. (2) Drone incursion The term drone incursion means the operation of a drone within any airspace for which the Administrator of the Federal Aviation Administration has issued a temporary flight restriction because of a wildfire. (3) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (b) Study required The Secretary, in consultation with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a study on the effects of drone incursions on wildfire suppression with respect to land managed by the Department of the Interior or the Department of Agriculture. (c) Study contents In conducting the study required under subsection (b), the Secretary shall— (1) determine, for each of the 5 most recent calendar years— (A) the number of occurrences in which a drone incursion interfered with wildfire suppression; and (B) the effect of each occurrence described in subparagraph (A) on— (i) the length of time required to achieve complete suppression; (ii) the effectiveness of aerial firefighting responses; and (iii) the amounts expended by the Federal Government; and (2) evaluate the feasibility and effectiveness of various actions to prevent drone incursions, including— (A) the use of reasonable force to disable, damage, or destroy a drone; (B) the seizure of a drone, including seizure with a net device; and (C) the dissemination of educational materials relating to the effects of drone incursions on wildfire suppression. (d) Report Not later than 18 months after the date of enactment of this Act, 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 describing— (1) the findings of the study required under subsection (b); and (2) any recommendations of the Secretary relating to those findings. 206. Study on wildfire detection equipment and integration of artificial intelligence technologies (a) In general The Secretaries shall conduct a study on— (1) the effectiveness and limitations on the deployment and application of each wildfire detection equipment technology with respect to detection, confirmation, geolocation, predictability of wildfire spread, suppression resource management, post-fire forensics, and surface rehabilitation; (2) how each technology described in paragraph (1), with proper and timely deployment and use, can provide for the most effective and efficient means of dealing with the threat and the reality of wildland fires; (3) the integration of artificial intelligence with real-time imagery and weather data provided by wildfire detection equipment technology; and (4) how the integration of artificial intelligence described in paragraph (3) can enhance the value of each wildfire detection equipment technology, individually and collectively. (b) Submission and public availability Not later than 2 years after the date of enactment of this Act, the Secretaries shall submit to the congressional committees and make publicly available the results of the study conducted under subsection (a). III Post-fire recovery support 301. Funding for online guides for post-fire assistance (a) Use of services of other agencies Section 201(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131(a) ) is amended— (1) in paragraph (7), by striking the period at the end and inserting ; and ; and (2) by adding at the end the following: (8) post-disaster assistance. . (b) Funding for online guides for assistance Section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 ) is amended by adding at the end the following: (e) Funding for online guides for assistance (1) In general The Administrator of the Federal Emergency Management Agency may enter into a cooperative agreement to provide funding to a State agency established under subsection (c) to establish and operate a website to provide information relating to post-fire recovery funding and resources to a community or an individual impacted by a wildland fire. (2) Management A website created under this subsection shall be— (A) managed by the State agency; and (B) suitable for the residents of the State of the State agency. (3) Content The Administrator may enter into a cooperative agreement to establish a website under this subsection only to provide 1 or more of the following: (A) A list of Federal, State, and local sources of post-fire recovery funding or assistance that may be available to a community after a wildfire. (B) A list of Federal, State, and local sources of post-fire recovery funding or assistance that may be available to an individual impacted by a wildfire. (C) A technical guide that lists and explains the costs and benefits of alternatives available to a community to mitigate the impacts of wildfire and prepare for potential flooding. (4) Cooperation A State agency that enters into a cooperative agreement under this subsection shall cooperate with the Secretary of the Interior, the Secretary of Agriculture, and the Administrator of the Federal Emergency Management Agency in developing a website under this subsection. (5) Updates A State agency that receives funding to establish a website under this subsection shall update the website not less than once every 6 years. . 302. Long-Term Burned Area Recovery account (a) Establishment of account There is established in the Treasury of the United States the Long-Term Burned Area Recovery account for the Department of Agriculture. (b) Authorization of appropriations There are authorized to be appropriated for fiscal year 2022 and each fiscal year thereafter for the account established by subsection (a) such sums as are necessary to carry out the activities described in subsection (d), not to exceed $100,000,000. (c) Presidential budget requests For fiscal year 2023 and each fiscal year thereafter, the Secretary of Agriculture shall submit through the budget request of the President and in accordance with subsection (b), a request for amounts in the Wildland Fire Management appropriation account to carry out the activities described in subsection (d). (d) Authorized activities The Secretary of Agriculture shall use amounts in the account established by subsection (a) for rehabilitation projects— (1) that begin not earlier than 1 year after the date on which the wildfire was contained; (2) that are— (A) scheduled to be completed not later than 3 years after the date on which the wildfire was contained; and (B) located at sites impacted by wildfire on non-Federal or Federal land; (3) that restore the functions of an ecosystem or protect life or property; and (4) not less than 10 percent of the total costs of which are paid for with non-Federal funds. (e) Prioritization of funding The Secretary of Agriculture shall prioritize, on a nationwide basis, projects for which funding requests are submitted under this section, based on— (1) downstream effects on water resources; and (2) public safety. 303. Prize for wildfire-related invasive species reduction Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 742b note; Public Law 116–9 ) is amended— (1) by striking paragraph (8)(A) each place it appears and inserting paragraph (9)(A) ; (2) by striking paragraph (8)(B) each place it appears and inserting paragraph (9)(B) ; (3) by redesignating paragraph (8) as paragraph (9); (4) by inserting after paragraph (7) the following: (8) Theodore Roosevelt Genius Prize for management of wildfire-related invasive species (A) Definitions In this paragraph: (i) Board The term Board means the Management of Wildfire-Related Invasive Species Technology Advisory Board established by subparagraph (C)(i). (ii) Prize competition The term prize competition means the Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species established under subparagraph (B). (B) Authority Not later than 180 days after the date of enactment of the Western Wildfire Support Act of 2021 , the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) a prize competition, to be known as the Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species — (i) to encourage technological innovation with the potential to advance the mission of the National Invasive Species Council with respect to the management of wildfire-related invasive species; and (ii) to award 1 or more prizes annually for a technological advancement that manages wildfire-related invasive species. (C) Advisory board (i) Establishment There is established an advisory board, to be known as the Management of Wildfire-Related Invasive Species Technology Advisory Board . (ii) Composition The Board shall be composed of not fewer than 9 members appointed by the Secretary, who shall provide expertise in— (I) invasive species; (II) biology; (III) technology development; (IV) engineering; (V) economics; (VI) business development and management; (VII) wildfire; and (VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. (iii) Duties Subject to clause (iv), with respect to the prize competition, the Board shall— (I) select a topic; (II) issue a problem statement; (III) advise the Secretary regarding any opportunity for technological innovation to manage wildfire-related invasive species; and (IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to the management of wildfire-related invasive species. (iv) Consultation In selecting a topic and issuing a problem statement for the prize competition, the Board shall consult widely with Federal and non-Federal stakeholders, including— (I) 1 or more Federal agencies with jurisdiction over the management of invasive species; (II) 1 or more Federal agencies with jurisdiction over the management of wildfire; (III) 1 or more State agencies with jurisdiction over the management of invasive species; (IV) 1 or more State agencies with jurisdiction over the management of wildfire; (V) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and (VI) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of wildfire-related invasive species. (v) Requirements The Board shall comply with all requirements under paragraph (9)(A). (D) Administration by the National Invasive Species Council The Secretary, acting through the Director of the National Invasive Species Council, shall administer the prize competition. (E) Judges (i) Appointment The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. (ii) Determination by Secretary The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. (F) Report to Congress Not later than 60 days after the date on which a cash prize is awarded under this paragraph, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the prize competition that includes— (i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); (ii) a description of the 1 or more annual winners of the prize competition; and (iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the 1 or more winners of the prize competition was selected. (G) Termination of authority The Board and all authority provided under this paragraph shall terminate on December 31, 2026. ; and (5) in paragraph (9) (as so redesignated)— (A) in subparagraph (A), in the matter preceding clause (i), by striking or (7)(C)(i) and inserting (7)(C)(i), or (8)(C)(i) ; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking or (7)(D)(i) and inserting (7)(D)(i), or (8)(D)(i) ; and (ii) in clause (i)(VII), by striking and (7)(E) and inserting (7)(E), and (8)(E) . | https://www.govinfo.gov/content/pkg/BILLS-117s2404is/xml/BILLS-117s2404is.xml |
117-s-2405 | II 117th CONGRESS 1st Session S. 2405 IN THE SENATE OF THE UNITED STATES July 21, 2021 Ms. Baldwin (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes.
1. Short title This Act may be cited as the Commitment to Veteran Support and Outreach Act . 2. Authority for Secretary of Veterans Affairs to award grants to States to improve outreach to veterans (a) In general Chapter 63 of title 38, United States Code, is amended— (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: 6307. Grants to States to improve outreach to veterans (a) Purpose It is the purpose of this section to provide for assistance by the Secretary to States to carry out programs that improve outreach and assistance to veterans and the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans and veterans-related benefits and programs (including State veterans programs) for which they may be eligible. (b) Authority The Secretary may award grants to States— (1) to carry out, coordinate, improve, or otherwise enhance— (A) outreach activities; or (B) activities to assist in the development and submittal of claims for veterans and veterans-related benefits; or (2) to increase the number of county or tribal veterans service officers serving in the State by hiring new, additional such officers. (c) Application (1) To be eligible for a grant under this section, a State shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (2) Each application submitted under paragraph (1) shall include the following: (A) A detailed plan for the use of the grant. (B) A description of the programs through which the State will meet the outcome measures developed by the Secretary under subsection (i). (C) A description of how the State will distribute grant amounts equitably among counties with varying levels of urbanization. (D) A plan for how the grant will be used to meet the unique needs of American Indian or Alaska Native veterans, elderly veterans, women veterans, and veterans from other underserved communities. (d) Distribution The Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States with varying levels of urbanization. (e) Priority The Secretary shall prioritize awarding grants under this section that will serve the following areas: (1) Areas with a critical shortage of county or tribal veterans service officers. (2) Areas with high rates of— (A) suicide among veterans; or (B) referrals to the Veterans Crisis Line. (f) Use of county or tribal veterans service officers A State that receives a grant under this section to carry out an activity described in subsection (b)(1) shall carry out the activity through— (1) a county or tribal veterans service officer of the State; or (2) if the State does not have a county or tribal veterans service officer, or if the county or tribal veterans service officers of the State cover only a portion of that State, an appropriate entity of a State, local, or tribal government, or another publicly funded entity, as determined by the Secretary. (g) Required activities Any grant awarded under this section shall be used— (1) to expand existing programs, activities, and services; (2) to hire new, additional county or tribal veterans service officers; or (3) for travel and transportation to facilitate carrying out paragraph (1) or (2). (h) Authorized activities A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary. (i) Outcome measures (1) The Secretary shall develop and provide to each State that receives a grant under this section written guidance on the following: (A) Outcome measures. (B) Policies of the Department. (2) In developing outcome measures under paragraph (1), the Secretary shall consider the following goals: (A) Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. (B) Increasing the number of county and tribal veterans service officers recognized by the Secretary for the representation of veterans under chapter 59 of this title. (j) Tracking requirements (1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans and veterans-related benefits among the population served by the grant, including the average period of time between the date on which a veteran applies for such a benefit and the date on which the veteran receives the benefit, disaggregated by type of benefit. (2) Not less frequently than annually, the Secretary shall submit to Congress a report on the information tracked under paragraph (1). (k) Performance review (1) The Secretary shall— (A) review the performance of each State that receives a grant under this section; and (B) make information regarding such performance publicly available. (l) Remediation plan (1) In the case of a State that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State to submit a remediation plan under which the State shall describe how and when it plans to meet such outcome measures. (2) The Secretary may not award a subsequent grant under this section to a State described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State. (m) Maximum amount The amount of a grant awarded under this section may not exceed 10 percent of amounts made available for grants under this section for the fiscal year in which the grant is awarded. (n) Supplement, not supplant Any grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. (o) Definitions In this section: (1) The term county or tribal veterans service officer includes a local equivalent veterans service officer. (2) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title. (p) Funding (1) Amounts for the activities of the Department under this section shall be budgeted and appropriated through a separate appropriation account. (2) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in paragraph (1). (q) Authorization of appropriations There is authorized to be appropriated to the Secretary for each of fiscal years 2022 through 2026, $50,000,000 to carry out this section. . (b) Clerical amendment The table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items: 6307. Grants to States to improve outreach to veterans. 6308. Outreach for eligible dependents. 6309. Biennial report to Congress. . | https://www.govinfo.gov/content/pkg/BILLS-117s2405is/xml/BILLS-117s2405is.xml |
117-s-2406 | II 117th CONGRESS 1st Session S. 2406 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mrs. Gillibrand (for herself, Ms. Warren , and Mrs. Feinstein ) 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 require the Administrator of the Environmental Protection Agency to set maximum contaminant levels for certain chemicals, and for other purposes.
1. Short title This Act may be cited as the Protect Drinking Water from PFAS Act of 2021 . 2. Maximum contaminant levels Section 1412(b) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b) ) is amended by adding at the end the following: (16) Perfluoroalkyl and polyfluoroalkyl substances (A) Required regulations Not later than 2 years after the date of enactment of the Protect Drinking Water from PFAS Act of 2021 , the Administrator shall publish a maximum contaminant level and promulgate a national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances, including, at a minimum— (i) perfluorooctanoic acid (commonly referred to as PFOA ); and (ii) perfluorooctane sulfonic acid (commonly referred to as PFOS ). (B) Monitoring In establishing monitoring requirements under the national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances under subparagraph (A), the Administrator shall— (i) consider options for tailoring monitoring requirements for public water systems that do not detect, or are reliably and consistently below the maximum contaminant level for, those substances; and (ii) prioritize the use of existing authorities to provide technical assistance and funding to help small, rural, or disadvantaged public water systems to comply with the national primary drinking water regulation. (C) Health protection The national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances under subparagraph (A) shall be protective of the health of subpopulations at greater risk, as described in section 1458. (D) Health risk reduction and cost analysis In meeting the requirements of paragraph (3)(C) with respect to the national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances under subparagraph (A), the Administrator may rely on information available to the Administrator with respect to 1 or more specific perfluoroalkyl or polyfluoroalkyl substances to extrapolate reasoned conclusions with respect to the health risks and effects of a class of perfluoroalkyl or polyfluoroalkyl substances of which the specific perfluoroalkyl or polyfluoroalkyl substances are a part, including by using techniques described in— (i) the document of the Environmental Protection Agency entitled Generalized Read-Across (GenRA) (or a successor document); and (ii) the Toxicity Estimation Software Tool of the Environmental Protection Agency (or a successor tool). . | https://www.govinfo.gov/content/pkg/BILLS-117s2406is/xml/BILLS-117s2406is.xml |
117-s-2407 | II 117th CONGRESS 1st Session S. 2407 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Warner (for himself, Mr. Rubio , Ms. Collins , Mr. Heinrich , Mr. Tester , Mr. King , Mr. Burr , Mr. Blunt , Mr. Bennet , Mr. Casey , Mr. Sasse , Mrs. Gillibrand , Mrs. Feinstein , Mr. Risch , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure timely Federal Government awareness of cyber intrusions that pose a threat to national security, enable the development of a common operating picture of national-level cyber threats, and to make appropriate, actionable cyber threat information available to the relevant government and private sector entities, as well as the public, and for other purposes.
1. Short title This Act may be cited as the Cyber Incident Notification Act of 2021 . 2. Cybersecurity Intrusion Reporting Capabilities (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following: C Cybersecurity Intrusion Reporting Capabilities 2231. Definitions In this subtitle: (1) Definitions from section 2201 The definitions in section 2201 shall apply to this subtitle, except as otherwise provided. (2) Agency The term Agency means the Cybersecurity and Infrastructure Security Agency. (3) Appropriate congressional committees In this section, the term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on Homeland Security of the House of Representatives; (F) the Permanent Select Committee on Intelligence of the House of Representatives; (G) the Committee on the Judiciary of the House of Representatives; and (H) the Committee on Armed Services of the House of Representatives. (4) Covered entity The term covered entity has the meaning given the term under the rules required to be promulgated under section 2233(d). (5) Critical infrastructure The term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (6) Cyber Intrusion Reporting Capabilities The term Cyber Intrusion Reporting Capabilities means the cybersecurity intrusion reporting capabilities established under section 2232. (7) Cybersecurity notification The term cybersecurity notification means a notification of a cybersecurity intrusion, as defined in accordance with section 2233. (8) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (9) Federal agency The term Federal agency has the meaning given the term agency in section 3502 of title 44, United States Code. (10) Federal contractor The term Federal contractor — (A) means a contractor or subcontractor (at any tier) of the United States Government; and (B) does not include a contractor or subcontractor that holds only— (i) service contracts to provide housekeeping or custodial services; or (ii) contracts to provide products or services unrelated to information technology below the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor thereto). (11) Information technology The term information technology has the meaning given the term in section 11101 of title 40, United States Code. (12) Ransomware The term ransomware means any type of malicious software that prevents the legitimate owner or operator of an information system or network from accessing computer files, systems, or networks and demands the payment of a ransom for the return of such access. 2232. Establishment of cybersecurity intrusion reporting capabilities (a) Designation The Agency shall be the designated agency within the Federal Government to receive cybersecurity notifications from other Federal agencies and covered entities in accordance with this subtitle. (b) Establishment Not later than 240 days after the date of enactment of this subtitle, the Director shall establish Cyber Intrusion Reporting Capabilities to facilitate the submission of timely, secure, and confidential cybersecurity notifications from Federal agencies and covered entities to the Agency. (c) Re-Evaluation of security The Director shall re-evaluate the security of the Cyber Intrusion Reporting Capabilities not less frequently than once every 2 years. (d) Requirements The Cyber Intrusion Reporting Capabilities shall allow the Agency— (1) to accept classified submissions and notifications; and (2) to accept a cybersecurity notification from any entity, regardless of whether the entity is a covered entity. (e) Limitations on use of information Any cybersecurity notification submitted to the Agency through the Cyber Intrusion Reporting Capabilities established under this section— (1) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), in accordance with subsection (b)(3)(B) of such section 552, and any State, Tribal, or local provision of law requiring disclosure of information or records; and (2) may not be— (A) admitted as evidence in any civil or criminal action brought against the victim of the cybersecurity incident, except for actions brought by the Federal Government under section 2233(h); or (B) subject to a subpoena, unless the subpoena is issued by Congress and necessary for congressional oversight purposes. (f) Privacy The Agency shall adopt privacy and data protection procedures, based on the comparable privacy and data protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 et seq. ), for information submitted to the Agency through the Cyber Intrusion Reporting Capabilities established under subsection (b) that is known at the time of sharing to contain personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. (g) Annual reports (1) Director reporting requirement Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established and once each year thereafter, the Director shall submit to the appropriate congressional committees a report, in classified form if necessary, on the number of notifications received through the Cyber Intrusion Reporting Capabilities, and a description of the associated mitigations taken, during the 1-year period preceding the report. (2) Secretary reporting requirement Not later than 1 year after the date on which the Cyber Intrusion Reporting Capabilities are established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on— (A) the categories of covered entities, noting additions or removals of categories, that are required to submit cybersecurity notifications; and (B) the types of cybersecurity intrusions and other information required to be submitted as a cybersecurity notification, noting any changes from the previous submission. (3) Form The annual reports required under this subsection may be submitted as a single report for each year, at the discretion of the Secretary. 2233. Required notifications (a) Notifications (1) In general Except as provided in paragraph (2), not later than 24 hours after the confirmation of a cybersecurity intrusion or potential cybersecurity intrusion, the Federal agency or covered entity that discovered the cybersecurity intrusion or potential cybersecurity intrusion shall submit a cybersecurity notification to the Agency through the Cyber Intrusion Reporting Capabilities. (2) Exception If a Federal agency or covered entity required to submit a cybersecurity notification under paragraph (1) is subject to another Federal law, regulation, policy, or government contract requiring notification of a cybersecurity intrusion or potential cybersecurity intrusion to a Federal agency within less than 24 hours, the notification deadline required in the applicable law, regulation, or policy shall also apply to the notification required under this section. (b) Required updates A Federal agency or covered entity that submits a cybersecurity notification under subsection (a) shall, until the date on which the cybersecurity incident is mitigated or any follow-up investigation is completed, submit updated cybersecurity threat information to the Agency through the Cyber Intrusion Reporting Capabilities not later than 72 hours after the discovery of new information. (c) Required contents The notification and required updates submitted under subsections (a) and (b) shall include, at minimum, any information required to be included pursuant to the rules promulgated under subsection (d). (d) Required rulemaking (1) In general Notwithstanding any provisions set out in this title that may limit or restrict the promulgation of rules, and not later than 270 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director, shall promulgate interim final rules, waiving prior public notice, and accepting comments after the effective date in order to inform the final rules— (A) that define covered entity for the purpose of identifying entities subject to the cybersecurity notification requirements of this section and which shall include, at a minimum, Federal contractors, owners or operators of critical infrastructure, as determined appropriate by the Director based on assessment of risks posed by compromise of critical infrastructure operation, and nongovernmental entities that provide cybersecurity incident response services; (B) that define cybersecurity intrusion and potential cybersecurity intrusion for the purpose of determining when a cybersecurity notification shall be submitted under this section; (C) that define cybersecurity threat information for the purpose of describing the threat information to be included in a cybersecurity notification under this section; (D) that define confirmation of a cybersecurity incident or potential cybersecurity incident for the purpose of determining when a notification obligation is triggered; (E) that address whether a Federal agency or covered entity shall be required to provide a cybersecurity notification for a cybersecurity intrusion of which the Federal agency or covered entity is aware, but does not directly impact the networks or information systems owned or operated by the Federal agency or covered entity; and (F) that contain other provisions necessary to implement the requirements of this subtitle. (2) Requirements for definitions At a minimum, the definitions of cybersecurity intrusion and potential cybersecurity intrusion required to be promulgated under paragraph (1)(B) shall include a cybersecurity intrusion, including an intrusion involving ransomware, that— (A) involves or is assessed to involve a nation-state; (B) involves or is assessed to involve an advanced persistent threat cyber actor; (C) involves or is assessed to involve a transnational organized crime group (as defined in section 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 )); (D) results, or has the potential to result, in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of people in the United States; (E) is or is likely to be of significant national consequence; or (F) is identified by covered entities but affects, or has the potential to affect, agency systems. (3) Required information for cybersecurity threat information For purposes of the rules required to be promulgated under paragraph (1)(B), the cybersecurity threat information required to be included in a cybersecurity notification shall include, at a minimum— (A) a description of the cybersecurity intrusion, including identification of the affected systems and networks that were, or are reasonably believed to have been, accessed by a cyber actor, and the estimated dates of when such an intrusion is believed to have occurred; (B) a description of the vulnerabilities leveraged, and tactics, techniques, and procedures used by the cyber actors to conduct the intrusion; (C) any information that could reasonably help identify the cyber actor, such as internet protocol addresses, domain name service information, or samples of malicious software; and (D) contact information, such as a telephone number or electronic mail address, that a Federal agency may use to contact the covered entity, either directly or through an authorized agent of the covered entity; and (E) actions taken to mitigate the intrusion. (4) Required consultation For purposes of the rules required to be promulgated under paragraph (1), the Secretary, acting through the Director, shall consult with appropriate private sector stakeholders, as determined by the Secretary, in coordination with the Director of National Intelligence, the Director of the Office of Management and Budget, the Secretary of Defense, and the National Cyber Director. (e) Required response The Director shall develop and implement a process to respond to a Federal agency or covered entity that submits a cybersecurity notification under subsection (a) not later than 2 business days after the date on which the notification is submitted, which shall notify the entity as to whether the Director requires further information about the cybersecurity intrusion. (f) Required coordination with Sector Risk Management or other regulatory Agencies The Secretary of Homeland Security, acting through the Director, in coordination with the head of each Sector Risk Management Agency and other Federal agencies, as determined appropriate by the Director, shall— (1) establish a set of reporting criteria for Sector Risk Management Agencies and other Federal agencies as identified by the Director to submit cybersecurity notifications regarding cybersecurity incidents affecting covered entities in their respective sectors or covered entities regulated by such Federal agencies to the Agency through the Cyber Intrusion Reporting Capabilities; and (2) take steps to harmonize the criteria described in paragraph (1) with the regulatory reporting requirements in effect on the date of enactment of this subtitle. (g) Protection from liability No cause of action shall lie or be maintained in any court by any person or entity, other than the Federal Government pursuant to subsection (h) or any applicable law, against any covered entity due to the submission by that person or entity of a cybersecurity notification to the Agency through the Cyber Intrusion Reporting System, in conformance with this subtitle and the rules promulgated under subsection (d), and any such action shall be promptly dismissed. (h) Enforcement (1) In general If, on the basis of any information, the Director determines that a covered entity has violated, or is in violation of, the requirements of this subtitle, including rules promulgated under this subtitle, the Director may assess a civil penalty not to exceed 0.5 percent of the entity’s gross revenue from the prior year for each day the violation continued or continues. (2) Determination of amount The Director shall have the authority to reduce or otherwise modify the civil penalties assessed under paragraph (1) and may take into account mitigating or aggravating factors, including the nature, circumstances, extent, and gravity of the violations and, with respect to the covered entity, the covered entity’s ability to pay, degree of culpability, and history of prior violations. (3) Procedures The Director shall establish procedures for contesting civil penalties imposed under this section. (4) Covered entities with federal government contracts In addition to the penalties authorized under this subsection, if a covered entity with a Federal Government contract violates the requirements of this subtitle, including rules promulgated under this subtitle, the Administrator of the General Services Administration may assess additional available penalties, including removal from the Federal Contracting Schedule. (5) Federal agencies If a Federal agency violates the requirements of this subtitle, the violation shall be referred to the Inspector General for the agency, and shall be treated by the Inspector General for the agency as a matter of urgent concern. (i) Exemption All information collection activities under sections 2232 and 2233 of this subtitle shall be exempt from the requirements of sections 3506(c), 3507, 3508, and 3509 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (j) Rule of construction Nothing in this subtitle shall be construed to supersede any reporting requirements under subchapter I of chapter 35 of title 44, United States Code. 2234. Preservation of information (a) In general Not later than 60 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of the Office of Management and Budget, shall promulgate rules for data preservation standards and requirements for Federal agencies and covered entities to assist with cybersecurity intrusion response and associated investigatory activities. (b) Minimum requirements The rules for data preservation promulgated under subsection (a) shall require, at a minimum, that a Federal agency or covered entity that submits a cybersecurity notification under this subtitle shall preserve all of the data designated for preservation under such rules. 2235. Analysis of cybersecurity notifications (a) Analysis (1) In general The Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence, shall jointly develop procedures for ensuring any cybersecurity notification submitted to the System is promptly and appropriately analyzed to— (A) determine the impact of the breach or intrusion on the national economy and national security; (B) identify the potential source or sources of the breach or intrusion; (C) recommend actions to mitigate the impact of the breach or intrusion; and (D) provide information on methods of securing the system or systems against future breaches or intrusions. (2) Requirement The procedures required to be developed under paragraph (1) shall include criteria for when rapid analysis, notification, or public dissemination is required. (3) Authority The Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence may each designate employees within each respective agency who may search intelligence and law enforcement information for cyber threat intelligence information with a national security or public safety purpose, based on cybersecurity notifications received by the Agency through the Cyber Intrusion Reporting Capabilities, and consistent with the procedures developed under paragraph (1). (b) Analytic production (1) In general Not less frequently than once every 30 days, the Secretary, acting through the Director, the Attorney General, and the Director of National Intelligence shall produce a joint cyber threat intelligence report that characterizes the current cyber threat picture facing Federal agencies and covered entities. (2) Requirements Each report required to be produced under paragraph (1)— (A) shall be in a form which may be made publicly available; (B) may include a classified annex, as necessary; and (C) shall, to the maximum extent practical, anonymize attribution information from cybersecurity notifications received through the Cyber Intrusion Reporting Capabilities. (3) Authority to declassify The Director of National Intelligence may declassify any analytic products, or portions thereof, produced under this section if such declassification is required to mitigate cyber threats facing the United States. . (b) Table of contents 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 adding at the end the following: Subtitle C—Cybersecurity Intrusion Reporting Capabilities Sec. 2231. Definitions. Sec. 2232. Establishment of cybersecurity intrusion reporting capabilities. Sec. 2233. Required notifications. Sec. 2234. Preservation of information. Sec. 2235. Analysis of cybersecurity notifications. . (c) Technical and conforming amendments Section 2202(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(c) ) is amended— (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: (13) carry out the responsibilities described in subtitle C relating to the cybersecurity intrusion reporting capabilities; . | https://www.govinfo.gov/content/pkg/BILLS-117s2407is/xml/BILLS-117s2407is.xml |
117-s-2408 | II 117th CONGRESS 1st Session S. 2408 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Daines (for himself, Mrs. Blackburn , Mr. Rounds , Mr. Rubio , Mrs. Hyde-Smith , Ms. Ernst , Mr. Inhofe , Mr. Lankford , Mr. Risch , Mr. Hagerty , Mr. Cruz , Mr. Cotton , Mr. Wicker , Mr. Hawley , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes.
1. Short title This Act may be cited as the Protecting Life on College Campus Act of 2021 . 2. Prohibition on award of funds to certain institutions of higher education (a) Prohibition No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (b) Annual reporting To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of the institution or site. (c) Definitions In this section: (1) The term abortion drug means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth; or (ii) to remove a dead unborn child. (2) The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) The term school-based service site means— (A) a health clinic that— (i) meets the definition of a school-based health center under section 2110(c)(9)(A) of the Social Security Act ( 42 U.S.C. 1397jj(c)(9)(A) ) and is administered by a sponsoring facility (as defined in section 2110(c)(9)(B) of the Social Security Act ( 42 U.S.C. 1397jj(c)(9)(B) )); and (ii) provides, at a minimum, comprehensive primary health services during school hours by health professionals in accordance with established standards, community practice, reporting laws, and other State laws, including parental consent and notification laws that are not inconsistent with Federal law; or (B) a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding. | https://www.govinfo.gov/content/pkg/BILLS-117s2408is/xml/BILLS-117s2408is.xml |
117-s-2409 | II 117th CONGRESS 1st Session S. 2409 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Casey (for himself, Mr. Brown , Ms. Cortez Masto , Mr. Blumenthal , Mr. Van Hollen , Mr. Durbin , Ms. Baldwin , Mr. Padilla , Mrs. Gillibrand , Mr. Peters , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center or contract call center work overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the United States Call Center Worker and Consumer Protection Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Consequences for relocating or contracting out call center work overseas Sec. 101. List of call centers relocating or contracting call center work overseas and ineligibility for grants or guaranteed loans. Sec. 102. Rule of construction related to Federal benefits for workers. Sec. 103. Report regarding Federal call center work locations. Sec. 104. Requirement that call center work under a Federal contract be performed inside the United States. TITLE II—Required disclosure of physical locations in customer service communications Sec. 201. Required disclosure by business entities engaged in customer service communications of physical location. Sec. 202. Enforcement. 2. Definitions In this Act: (1) Agency The term agency means a Federal or State executive agency or a military department. (2) Business entity The term business entity means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States. (3) Call center The term call center means a facility or other operation whereby employees receive incoming telephone calls, emails, or other electronic communication for the purpose of providing customer assistance or other service. (4) Consumer The term consumer means any individual within the territorial jurisdiction of the United States who purchases, transacts, or contracts for the purchase or transaction of any goods, merchandise, or services, not for resale in the ordinary course of the individual's trade or business, but for the individual's use or that of a member of the individual’s household. (5) Contracting call center work overseas The term contracting call center work overseas means transferring the work of a call center, or of one or more facilities or operating units within a call center comprising at least 30 percent of the total volume of the call center or operating unit when measured against the previous 12-month average call volume of operations or substantially similar operations, through a contract or other agreement to another entity who will perform that work outside of the United States. (6) Customer service communication The term customer service communication means any telecommunication or wire communication between a consumer and a business entity in furtherance of commerce. (7) Employer The term employer means any business enterprise that employs in a call center— (A) 50 or more employees, excluding part-time employees; or (B) 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of hours of overtime). (8) Part-time employee The term part-time employee means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required. (9) Relocating and relocation The terms relocating and relocation refer to the closure of a call center, or the cessation of operations of a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the total volume of the call center or operating unit, when measured against the previous 12-month average call volume of operations or substantially similar operations, and the transferring of the operations of the call center (or facilities or operating units) to another location outside of the United States. (10) Secretary The term Secretary means the Secretary of Labor. (11) Telecommunication The term telecommunication means the transmission, between or among points specified by the communicator, of information of the communicator's choosing, without change in the form or content of the information as sent and received. (12) Wire communication and communication by wire The term wire communication or communication by wire means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission. I Consequences for relocating or contracting out call center work overseas 101. List of call centers relocating or contracting call center work overseas and ineligibility for grants or guaranteed loans (a) List (1) Notice requirement (A) In general Not fewer than 120 days before relocating a call center outside of the United States, or contracting call center work overseas, an employer shall notify the Secretary of such relocation or contracting. (B) Penalty A person who violates subparagraph (A) shall be subject to a civil penalty not to exceed $10,000 for each day of violation. (2) Establishment and maintenance of list (A) In general The Secretary shall establish, maintain, and make available to the public a list of all employers who relocate a call center or contract call center work overseas, as described in paragraph (1)(A). (B) Term Each employer included in the list required by subparagraph (A) shall remain on the list for a period not to exceed 5 years after each instance of relocating a call center or contracting call center work overseas. (C) Removal The Secretary may remove an employer from the list required by subparagraph (A) if the Secretary determines that— (i) (I) the employer has relocated a call center from a location outside of the United States to a location in the United States; and (II) the new call center in the United States employs a number of employees equal to or greater than the number of employees who worked at the original call center that was relocated to a location outside of the United States; or (ii) in the case of an employer who contracted call center work overseas, the employer demonstrates that the contract or agreement has been amended to require that all employees performing call center work under the contract or agreement will be located in the United States. (b) Ineligibility for grants or guaranteed loans (1) Ineligibility Except as provided in paragraph (2) and notwithstanding any other provision of law, an employer who appears on the list required by subsection (a)(2)(A) shall be ineligible for any direct or indirect Federal grants or Federal guaranteed loans for 5 years after the date such employer was added to the list. (2) Exceptions The Secretary, in consultation with the appropriate agency providing a loan or grant, may waive the eligibility restriction provided under paragraph (1) if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would— (A) threaten national security; (B) result in substantial job loss in the United States; or (C) harm the environment. (c) Preference in Federal contracting for not relocating or contracting call center work overseas The head of an agency, when awarding a civilian or defense-related Federal contract, shall give preference to a United States employer that does not appear on the list required by subsection (a)(2)(A). (d) Effective date This section shall take effect on the date that is 1 year after the date of the enactment of this Act. 102. Rule of construction related to Federal benefits for workers No provision of this title shall be construed to permit withholding or denial of payments, compensation, or benefits under any provision of Federal law (including Federal unemployment compensation, disability payments, or worker retraining or readjustment funds) to workers employed by employers that relocate operations outside the United States. 103. Report regarding Federal call center work locations By not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prepare and submit to Congress a report that documents the location, and amount, of call center work conducted by or for the Federal Government, including— (1) a determination of the amount of such Federal call center work that is conducted by Federal employees, and the amount conducted by Federal contractors; and (2) all locations at which such Federal call center work is being conducted, whether by Federal employees or through Federal contracts. 104. Requirement that call center work under a Federal contract be performed inside the United States The head of an agency, when awarding a civilian or defense-related Federal contract, shall require as a condition of the contract that any call center work performed in connection with the contract or any subcontract under the contract shall be performed inside the United States. II Required disclosure of physical locations in customer service communications 201. Required disclosure by business entities engaged in customer service communications of physical location (a) In general Except as provided in subsection (b), a business entity that either initiates or receives a customer service communication shall require that each of its employees or agents participating in the communication disclose their physical location at the beginning of each customer service communication so initiated or received. (b) Exceptions (1) Business entities located in the United States The requirements of subsection (a) shall not apply to a customer service communication involving a business entity if all of the employees or agents of the business entity participating in such communication are physically located in the United States. (2) Communication initiated by consumer knowingly to foreign entity or address The requirements of subsection (a) shall not apply to an employee or agent of a business entity participating in a customer service communication with a consumer if— (A) the customer service communication was initiated by the consumer; (B) the employee or agent is physically located outside the United States; and (C) the consumer knows or reasonably should know that the employee or agent is physically located outside the United States. (3) Emergency services The requirements of subsection (a) shall not apply to a customer service communication relating to the provision of emergency services (as defined by the Federal Trade Commission). (4) Business entities and customer service communications excluded by Federal Trade Commission The Federal Trade Commission may exclude certain classes or types of business entities or customer service communications from the requirements of subsection (a) if the Commission finds exceptionally compelling circumstances that justify such exclusion. (c) Transfer to U.S.-Based customer service center A business entity that is subject to the requirements of subsection (a) shall, at the request of a customer, transfer the customer to a customer service agent who is physically located in the United States. (d) Certification requirement Each year, each business entity that participates in a customer service communication shall certify to the Federal Trade Commission that it has complied or failed to comply with the requirements of subsections (a) and (c). (e) Regulations Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate such regulations as may be necessary to carry out the provisions of this section. (f) Effective date The requirements of subsection (a) shall apply with respect to customer service communications occurring on or after the date that is 1 year after the date of the enactment of this Act. 202. Enforcement (a) In general Any failure to comply with the provisions of section 201 shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (b) Powers of Federal Trade Commission (1) In general The Federal Trade Commission shall prevent any person from violating section 201 and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Penalties Any person who violates regulations promulgated under section 201 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made part of this Act. (c) Authority preserved Nothing in this section or section 201 shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. | https://www.govinfo.gov/content/pkg/BILLS-117s2409is/xml/BILLS-117s2409is.xml |
117-s-2410 | II 117th CONGRESS 1st Session S. 2410 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Casey (for himself, Mr. Merkley , Mr. Brown , Mr. Van Hollen , Ms. Cortez Masto , Mr. Wyden , Ms. Cantwell , Ms. Warren , Ms. Smith , Ms. Klobuchar , Ms. Baldwin , Mr. Markey , Mr. Whitehouse , Mr. Kaine , Ms. Hirono , Mr. Blumenthal , Mr. Cardin , Mr. Menendez , Mr. Durbin , Mr. Booker , Mrs. Shaheen , Mr. Sanders , Mr. Murphy , Mr. Peters , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address and take action to prevent bullying and harassment of students.
1. Short title This Act may be cited as the Safe Schools Improvement Act of 2021 . 2. Findings Congress finds the following: (1) Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment include a range of behaviors that negatively impact a student’s ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment should incorporate evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and other restorative practices that can minimize suspensions, expulsions, and other exclusionary and harmful discipline policies to ensure that students are not pushed-out or diverted to the juvenile justice system. (8) Perpetrators of bullying and harassment often have a history of trauma or psychological distress, or have been bullied themselves. These students, often discussed as bully-victims , require additional trauma-informed interventions and consideration. 3. Safe Schools improvement (a) In general Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: G Safe Schools improvement 4701. Purpose The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. 4702. Anti-bullying policies (a) Bullying In this part, the term bullying means conduct that adversely affects the ability of one or more students to participate in or benefit from the school’s educational programs or activities by placing a student in fear of harm. (b) Policies A State that receives a grant under this title shall require all local educational agencies in the State to carry out the following: (1) Establish policies that prevent and prohibit conduct, including bullying and harassment, that— (A) limits a student’s ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or (B) creates a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. (2) The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on— (A) a student’s actual or perceived race, color, national origin, sex (including sexual orientation and gender identity), disability, or religion; (B) the actual or perceived race, color, national origin, sex (including sexual orientation and gender identity), disability, or religion of a person with whom a student associates or has associated; or (C) any other distinguishing characteristics that may be defined by the State or local educational agency. (3) Provide— (A) annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and (B) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including— (i) the name of the local educational agency officials who are designated as responsible for receiving such complaints; and (ii) timelines that the local educational agency will establish in the resolution of such complaints. (4) Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. 4703. State reports The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary— (1) on the information reported by local educational agencies in the State pursuant to section 4702(b)(4); and (2) describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4702(b)(1). 4704. Evaluation (a) Biennial evaluation The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4702, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs. (b) Data collection The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4702. (c) Biennial report Not later than January 1, 2022, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4703. 4705. Effect on other laws (a) Federal and state nondiscrimination laws Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 , 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free speech and expression laws Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. 4706. Rule of construction Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4644 the following: Part G—Safe Schools improvement Sec. 4701. Purpose. Sec. 4702. Anti-bullying policies. Sec. 4703. State reports. Sec. 4704. Evaluation. Sec. 4705. Effect on other laws. Sec. 4706. Rule of construction. . | https://www.govinfo.gov/content/pkg/BILLS-117s2410is/xml/BILLS-117s2410is.xml |
117-s-2411 | II 117th CONGRESS 1st Session S. 2411 IN THE SENATE OF THE UNITED STATES July 21, 2021 Ms. Smith (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 prevent surprise medical bills with respect to COVID–19 testing.
1. Short title This Act may be cited as the Stop COVID–19 Test Surprise Medical Bills Act of 2021 . 2. Medical management Section 6001 of the Families First Coronavirus Response Act ( Public Law 116–127 ) is amended by adding at the end the following: (e) Medical management For purposes of this section, the term medical management includes determinations about why an individual sought testing, the nature of the clinical assessment that was associated with the testing, whether the individual was showing symptoms, what provider ordered the testing, the frequency of testing obtained by the individual, and other reviews of the encounters or events that proceeded or followed a service described in subsection (a). Such term does not include reasonable efforts by a group health plan or health insurance issuer to encourage individuals to obtain tests from lower priced providers (provided that such reasonable efforts do not delay or otherwise impede access to testing). . 3. Pricing of diagnostic testing Section 3202 of the CARES Act ( Public Law 116–136 ) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) With respect to such items and services provided by a participating provider, such plan or issuer shall reimburse such provider the rate that the health plan or issuer has negotiated with such provider before the public health emergency declared under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. ; and (B) by amending paragraph (2) to read as follows: (2) With respect to such items and services provided by a nonparticipating provider or facility, such plan or issuer shall reimburse such provider in an amount equal to the lesser of— (A) the cash price for a diagnostic test for COVID–19; or (B) 2 times the reimbursement rate for the applicable items and services under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). ; (2) in subsection (b)(2), by striking $300 and inserting $10,000 ; and (3) by adding at the end the following: (c) No charges for COVID–19 testing A provider shall not bill, and shall not hold liable, any individual receiving items and services described in section 6001(a) of division F of the Families First Coronavirus Response Act ( Public Law 116–127 ) for a payment amount for such an item or service furnished by such provider. . 4. Improvements to transparency policy (a) In general Section 3202 of the CARES Act ( Public Law 116–136 ), as amended by section 3, is further amended by adding at the end the following: (d) Improvements to transparency policy Not later than 30 days after the date of enactment of this subsection, the Secretary of Health and Human Services shall survey a sample of providers of the items and services described in section 6001(a) of division F of the Families First Coronavirus Response Act ( Public Law 116–127 ) regarding the cash prices for such items and services as listed by the providers on a public internet website. The Secretary shall survey no fewer than 200 providers representing a diversity of sizes, geographic locations, test types, and care settings (such as hospitals, laboratories, and free-standing emergency rooms). (e) Public report Not later than 45 days after the date of enactment of this subsection, the Secretary of Health and Human Services shall publish a report on cash prices for items and services published under subsection (b)(1), which shall include— (1) the compliance rate of providers with the cash price publication requirement under subsection (b)(1); (2) the average cash price for each item and service described in section 6001(a) of division F of the Families First Coronavirus Response Act ( Public Law 116–127 ) and published under subsection (b)(1); (3) with respect to each such item and service, a comparison of such average cash price to the reimbursement rate under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); and (4) any outlier cash prices published under subsection (b)(1) (including the names of the providers charging such prices) that substantially exceed the average cash price. . 5. Guidance on billing for provider visits associated with COVID–19 testing The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury, shall jointly issue guidance, not later than 30 days after the date of enactment of this Act, for purposes of clarifying— (1) the process for submitting claims for items and services described in section 6001(a) of the Families First Coronavirus Response Act ( Public Law 116–127 ) to ensure that individuals enrolled in individual or group health insurance coverage or group health plans to whom such items and services are furnished are not subject to cost-sharing or prior authorization or other medical management requirements; and (2) that providers should not collect cost-sharing amounts from individuals seeking items and services described in section 6001(a) of such Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2411is/xml/BILLS-117s2411is.xml |
117-s-2412 | II 117th CONGRESS 1st Session S. 2412 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mrs. Feinstein (for herself, Mrs. Blackburn , and Mrs. Shaheen ) 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 protect coverage for screening mammography, and for other purposes.
1. Short title This Act may be cited as the Protecting Access to Lifesaving Screenings Act of 2021 or the PALS Act . 2. Protecting coverage for screening mammography (a) In General Effective during the period beginning on the date of the enactment of this Act and ending January 1, 2028, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening mammography shall be administered as if— (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening mammography last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act ( 42 U.S.C. 1395x(jj) ). (b) Continuing medicare coverage without coinsurance Section 1833(a)(1)(Y) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(Y) ) is amended by inserting after in the case of such services described in subparagraph (A) the following: (other than screening mammography) . (c) Maintaining frequency of medicare coverage Section 1834(c)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(c)(2)(B)(ii) ) is amended by inserting before the period at the end the following: , except that in the case of a woman over 39 years of age, such revision may not decrease such frequency . (d) Clarifying the definition of screening mammography Section 1861(jj) of the Social Security Act ( 42 U.S.C. 1395x(jj) ) is amended by inserting , including any digital modality (such as screening breast tomosynthesis) of such a procedure, after radiologic procedure . (e) Application to services furnished through Department of Veterans Affairs Section 7322(b) of title 38, United States Code, is amended to read as follows: (b) The policy developed under subsection (a), and any other policy of the Department of Veterans Affairs relating to mammography screening, shall— (1) specify standards of mammography screening that ensure that the frequency of such screenings is not less than the frequency of such screenings provided pursuant to section 2(a) of the Protecting Access to Lifesaving Screenings Act of 2021 ; (2) provide recommendations, consistent with paragraph (1), with respect to screening, and the frequency of screening, for veterans, without regard to age, who have clinical symptoms, risk factors, or family history of breast cancer; and (3) provide for clinician discretion in individual cases. . | https://www.govinfo.gov/content/pkg/BILLS-117s2412is/xml/BILLS-117s2412is.xml |
117-s-2413 | II 117th CONGRESS 1st Session S. 2413 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Markey (for himself and Mr. Brown ) 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 expand the requirement for States to suspend, rather than terminate, an individual's eligibility for medical assistance under the State Medicaid plan while the individual is an inmate of a public institution, to apply to inmates of any age.
1. Short title This Act may be cited as the Supporting Positive Outcomes After Release Act . 2. Suspension of Medicaid benefits for inmates of public institutions (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)(84)— (A) in subparagraph (A), by striking individual who is an eligible juvenile and all that follows through inmate; and inserting eligible individual (as defined in subsection (nn)(1)) because the individual is an inmate of a public institution (as defined in subsection (nn)(2)), but may suspend coverage during the period the individual is such an inmate; ; (B) in subparagraph (B), by striking individual who is an eligible juvenile described in paragraph (2)(A) and inserting eligible individual who is described in paragraph (1)(A) ; and (C) in subparagraph (C), by striking individual who is an eligible juvenile described in paragraph (2)(B) and inserting eligible individual who is described in paragraph (1)(B) ; and (2) by amending subsection (nn) to read as follows: (nn) Eligible individual; public institution For purposes of subsection (a)(84) and this subsection: (1) Eligible individual The term eligible individual means an individual who is an inmate of a public institution and who— (A) was determined eligible for medical assistance under the State plan immediately before becoming an inmate of such a public institution; or (B) is determined eligible for such medical assistance while an inmate of a public institution. (2) Inmate of a public institution The term inmate of a public institution has the meaning given such term for purposes of applying the subdivision (A) following paragraph (31) of section 1905(a), taking into account the exception in such subdivision for a patient of a medical institution. . (b) Retroactive effective date The amendments made by subsection (a) shall take effect as if included in the enactment of section 1001 of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2413is/xml/BILLS-117s2413is.xml |
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