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117-s-2414 | II 117th CONGRESS 1st Session S. 2414 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the National and Community Service Act of 1990 to establish a national service program that provides conservation opportunities on public and private lands, and for other purposes.
1. Short title This Act may be cited as the Restore Environmental Vitality and Improve Volatile Economy by the Civilian Conservation Corps Act or the REVIVE the CCC Act . 2. Civilian Conservation Corps (a) In general Subtitle E of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12611 et seq. ) is amended— (1) by striking the heading for subtitle E and inserting the following: E National Corps 1 National Civilian Community Corps ; and (2) by adding at the end the following: 2 Civilian Conservation Corps 166. Civilian Conservation program (a) Purposes The purposes of this chapter are— (1) to help relieve the widespread distress and unemployment in the United States; (2) to train and support career advancement, leading to long-term employment opportunities; (3) to provide for the restoration of depleted natural resources in the United States; (4) to conserve and improve community natural resources; (5) to reduce greenhouse gas emissions and sequester carbon; and (6) to enhance climate change adaptation and resilience. (b) Definitions In this chapter: (1) Corporation The term Corporation means the Corporation (as defined in section 101), or a partner described in subsection (d), to the extent provided in the memorandum referred to in subsection (d). (2) Corps The term Corps means the Civilian Conservation Corps established under subsection (c). (3) Eligible host entity The term eligible host entity means an organization, entity, or individual that— (A) administers the program at the local level; and (B) supervises Corps members in partnership and coordination with the Corporation, including the relevant partnering Federal agency specified in the memorandum for the issue area addressed by the program at the local level. (4) Institution of higher education The term institution of higher education has the same meaning given such term in sections 101(a) and 102(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) , 1002(a)(1)). (5) Partnering Federal agency The term partnering Federal agency means a Federal agency described in subsection (d)(1). (6) Program The term program means the Civilian Conservation program established under subsection (c). (7) State coordinating agency The term State coordinating agency means an agency in a State— (A) that is selected by the State to coordinate, subject to the memorandum described in subsection (d), the implementation of activities under this chapter at eligible worksites in the State, including providing services through State agencies and coordinating access to training (including technical instruction) and educational resources for Corps members; (B) may be a State department of environmental protection, natural resources, or agriculture, or other department or commission (as determined by the Corporation); and (C) that coordinates and partners with Tribal agencies (such as Tribal departments of environmental protection, natural resources, or agriculture) regarding the implementation of activities under this chapter at eligible worksites associated with a Tribe (including for the provision of services through Tribal agencies), if the Corporation determines such coordination and partnership is relevant for the State. (c) Establishment of civilian conservation corps and program (1) In general (A) Corps The Corporation (as defined in section 101) may establish a Civilian Conservation Corps. (B) Program The Corporation (as defined in subsection (b)) may establish and administer a Civilian Conservation program, to place unemployed and underemployed citizens of the United States in service positions related to conservation, including conservation of private and public lands. (2) Conservation service positions The program shall provide conservation service positions, and training (including technical instruction) and education related to such service positions, in order to support— (A) the protection, enhancement, and restoration of natural resources; (B) climate change mitigation and adaptation; (C) investment in future generations of farmers, foresters, ranchers, conservationists, and other stewards of the Nation's shared natural resources; (D) the establishment, improvement, and rehabilitation of public outdoor recreation amenities and infrastructure; or (E) the reduction of environmental health disparities in communities of color, low-income communities, and Tribal and indigenous communities, that are experiencing disproportionate exposure to environmental harms and risks. (d) Administration The program shall be administered, as specified in a memorandum of understanding, by the Corporation (as defined in section 101), in partnership with— (1) applicable Federal agencies with the relevant issue area expertise and standards, such as the Department of Agriculture and the Department of the Interior; and (2) applicable State or Tribal agencies with the relevant issue area expertise and standards, such as the State or Tribal agencies with jurisdiction over agriculture, natural resources, or environmental protection. (e) Grants to eligible host entities (1) In general In carrying out the program, the Corporation shall make grants to entities that own, operate, manage, or support work on eligible worksites, to serve as eligible host entities, and to administer the program at the local level. (2) Waiver of cost sharing requirement (A) In general In the event of a covered project carried out by an eligible host entity to which the cost sharing requirement under section 212(a)(1) of the Public Land Corps Act of 1993 ( 16 U.S.C. 1729(a)(1) ) would otherwise apply, notwithstanding that requirement, a grant under this subsection, combined with funds received under an Act described in subparagraph (B), may be used to fund costs of the project greater than 75 percent of the cost of such project. (B) Covered project In this paragraph, the term covered project means a project carried out pursuant to— (i) title I of the Act entitled An Act to establish a pilot program in the Departments of the Interior and Agriculture designated as the Youth Conservation Corps, and for other purposes , approved August 13, 1970 (commonly known as the Youth Conservation Corps Act of 1970 ; 16 U.S.C. 1701 et seq. ); or (ii) the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. ). (f) Eligible host entities and worksites (1) In general To be eligible to receive a grant under subsection (e) and become an eligible host entity, an entity shall own, operate, manage, or support work on an eligible worksite for a Corps project. (2) Entities Entities eligible to receive such a grant and become an eligible host entity may include— (A) the board in charge of a local conservation district; (B) a State or local office of the Cooperative Extension System or an equivalent Tribal office; (C) an individual farmer; (D) a nonprofit organization, farmer membership organization, or other agriculture group, with conservation expertise, that can place a Corps member on an individual farm; (E) a State or Tribal agency with jurisdiction over agriculture or natural resources; (F) the trustee of a land trust; (G) a forest or environmental consultant; (H) the sponsor of an apprenticeship program that has been registered by the Department of Labor, a State office of apprenticeship, or an equivalent Tribal office; (I) an entity that hosts a Corps member under a service program, including— (i) a program authorized under— (I) this Act, including the Healthy Futures Corps described in section 122; (II) title I of the Act entitled An Act to establish a pilot program in the Departments of the Interior and Agriculture designated as the Youth Conservation Corps, and for other purposes , approved August 13, 1970 (commonly known as the Youth Conservation Corps Act of 1970 ; 16 U.S.C. 1701 et seq. ); or (III) the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. ); (ii) a program of the Indian Youth Service Corps authorized under section 210 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1727b ); and (iii) a program of the Urban Youth Corps authorized under section 106 of the National and Community Service Trust Act of 1993 ( 42 U.S.C. 12656 ); (J) a local agriculture, conservation, watershed, or wildlife nonprofit organization; (K) a State or Tribal park or forest foundation; and (L) another appropriate entity, as determined by the Corporation. (3) Worksites (A) Public or certain private land (i) In general An eligible worksite shall be located on public land or on private land determined to be eligible under clause (ii). (ii) Eligibility on private lands In the case of a proposed worksite located on private land, the Corporation, in consultation with the partnering Federal agencies described in subsection (d)(1), shall determine whether the site is an eligible worksite for purposes of this paragraph by determining the adequacy of the public conservation benefit of the related Corps project. In determining the adequacy of that benefit, the Corporation may consider, among other factors, the project’s ability to address core State, Tribal, or local conservation objectives such as addressing land conservation priorities, promoting climate resiliency, fulfilling watershed plans, establishing stream buffers, restoring critical wildlife habitat, or promoting agricultural best management practices. (iii) Worksite predominantly located on private land A proposed worksite that is predominantly located on private land will be treated as a proposed worksite located on private land for purposes of clause (ii). (B) Eligibility of proposed worksite in environmental justice area In the case of a proposed worksite located in an environmental justice area identified under subsection (j), the Corporation shall determine whether the site is an eligible worksite under this subsection by determining— (i) the benefits of the related Corps project for the health of the community living in the environmental justice area, and whether those benefits are equitably distributed within such community, including the ability of the project to— (I) effect reductions in hazardous air pollutants; (II) improve water quality, access, and affordability; (III) increase access to green space and outdoor recreation; or (IV) expand access to and affordability of healthy food; and (ii) whether the proposed host entity can demonstrate there was a meaningful public involvement process in the development of the proposed Corps project. (g) Applications (1) In general In order for an entity described in subsection (f) to be eligible to receive a grant under subsection (e) for a Corps project, an entity shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including— (A) information describing the Corps project to be carried out at the entity's eligible worksite; (B) (i) information describing any contracts or agreements, with the State in which the entity is located or Indian tribe with which the entity is associated, that will be necessary to enter into under paragraph (3), in conjunction with the project; and (ii) an assurance that the entity will carry out the project in cooperation with agencies who receive such a contract or agreement; (C) whether such entity is seeking a waiver under subsection (e)(2)(B) of the cost sharing requirement under section 212 of the Public Land Corps Act of 1993 ( 16 U.S.C. 1729 ); (D) certification by the relevant State coordinating agency that the State coordinating agency— (i) will provide services through agencies, and other functions described in paragraph (3)(A), in accordance with a contract or agreement entered into under paragraph (3); and (ii) will facilitate coordination between eligible host entities in the State for purpose of prioritizing participants as described in subsection (h)(4); (E) certification by the relevant State Commission that the State Commission has established an Environmental Equity Resource Center under subsection (j); and (F) as relevant, certification by the State or Tribal agency to provide the access and resources, described in paragraph (3)(B). (2) Geographic distribution of grants The Corporation shall distribute grants in a geographically balanced manner across the country and regions of the country. (3) Contracts and arrangements with States or Indian tribes (A) In general On the approval of an application for an eligible host entity, the eligible host entity shall enter into such contracts or agreements with the State coordinating agency as may be necessary to carry out this section, including to arrange for the provision of services through State or Tribal agencies (which may be through providing access and resources under subparagraph (B)). (B) Farmer eligible host entity On the approval of an application for an eligible host entity that is an individual farmer in a State or associated with an Indian tribe, the Corporation shall notify the State or Tribal agency with jurisdiction over agriculture, which shall provide access to and resources for training and apprenticeships, including from organizations and farmer groups in the State or associated with the Indian tribe, to support and provide coordination between such farmer host entities in the State or associated with an Indian tribe. (h) Eligible Corps members (1) Eligibility (A) In general To be eligible to participate in and hold a service position in the Corps, an individual shall be an unemployed or underemployed individual. (B) Eligibility for subprograms Within the program, there shall be specific subprograms for— (i) recent graduates, as described in paragraph (2); and (ii) returning citizens, as described in paragraph (3). (2) Recent graduates (A) In general The program shall have subprograms targeted to support, through service positions and training (including technical instruction) and education related to the service positions in the program— (i) individuals who have— (I) graduated from an institution of higher education within the 4 months prior to beginning a term of service in the program; and (II) have been unemployed or underemployed during that time; and (ii) individuals who have— (I) graduated high school within the 4 months prior to beginning a term of service in the program; and (II) have been unemployed or underemployed during that time. (3) Returning citizens (including justice-involved youth) (A) Returning citizen The term returning citizen means a citizen who, within the 2 years prior to beginning a term of service in the program, returned from incarceration in a correctional institution or was subject to the juvenile or adult justice system. (B) Subprogram The program shall include an earn-while-you-learn career pathway subprogram for returning citizens (including justice-involved youth) to provide an accessible pathway into long-term careers in the conservation workforce. (C) Workforce preparation The eligible host entity shall ensure that the subprogram described in subparagraph (B) includes— (i) on-the-job-training and mentoring from expert practitioners in conservation; (ii) continuing education courses; and (iii) credit towards a postsecondary degree or certificate granted by an institution of higher education. (4) Underserved participants Each eligible host entity that receives a grant under subsection (e) shall, through coordination with other eligible host entities in the State of such eligible host entity facilitated by the State coordinating agency— (A) prioritize participants from underserved communities, including participants— (i) from communities of racial and ethnic minorities; (ii) from low-income communities; (iii) from Tribal and indigenous communities; and (iv) who are individuals with disabilities; and (B) prioritize participants residing in an environmental justice area (identified under subsection (j)) near a proposed worksite. (5) Service positions (A) Project objectives and service positions (i) Locally established objectives and service positions Each eligible host entity that receives a grant under this section shall establish project objectives, position-specific criteria, and service position descriptions for a Corps project, in order to ensure that the project is locally led and addresses specific local needs. (ii) Templates and materials The Corporation shall provide project templates and materials to support the establishment of the objectives, criteria, and descriptions. (B) Service position application process (i) Materials The eligible host entity shall make the project objectives, position-specific criteria, and service position descriptions available to individuals seeking to apply for service positions in the Corps project at the entity's worksite. (ii) Application To be eligible to obtain a service position at the worksite, an individual shall submit an application to the eligible host entity and obtain approval of the application. An individual with an approved application shall be considered to be a Corps member for purposes of this section. (C) Apprenticeships as service positions Service positions under this section may include— (i) an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (ii) a preapprenticeship designed to lead to an apprenticeship described in clause (i). (i) Use of funds (1) In general An eligible host entity that receives a grant under subsection (e) shall use the grant funds to provide, for each Corps member at the worksite— (A) a service position in which the Corps member will carry out a service activity described in paragraph (2), an allowance under paragraph (4) for such service, and (on approval of an application) an apprenticeship award under paragraph (5) at the successful completion of that service; and (B) training (including technical instruction) and education related to the service position and described in paragraph (3)(A), an allowance under paragraph (4) for such training, technical instruction, and education, and connections and educational opportunities described in paragraph (3)(B). (2) Service activities (A) In general The service activities referred to in paragraph (1)(A) shall include— (i) for service positions with respect to preserving or restoring public land (whether Federal, State, Tribal, or local)— (I) restoration of forest ecosystems, and reforestation or tree planting; (II) hazardous fuel treatments for the purpose of mitigating the risk of, or suppressing, wildfires in the western United States; (III) management of terrestrial and aquatic invasive species; (IV) watershed restoration and wetlands management; (V) coastal and inland ecosystem restoration; (VI) prescribed burning; (VII) park and infrastructure maintenance; (VIII) facility expansion; (IX) recreation and trail work; (X) public outreach and education; (XI) pollinator habitat establishment and management; (XII) accessibility improvement; (XIII) flood hazard mitigation; (XIV) road reconstruction and maintenance; (XV) maintenance or restoration of the native habitats of species listed as endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and other habitat restoration; and (XVI) provision of wildlife crossing programs; (ii) for service positions with respect to agriculture— (I) riparian buffer establishment and maintenance; (II) grazing management; (III) pollinator habitat establishment and management; (IV) integrated pest management; (V) prescribed burning; (VI) prairie strip establishment; (VII) grassland restoration; (VIII) soil health management; (IX) silvopasture; (X) on-farm infrastructure development, construction, or repair, that results in environmental benefits; and (XI) other agricultural practices with significant environmental benefits; (iii) for service positions with respect to restoration and remediation of natural resources— (I) abandoned mine land reclamation; (II) land and water quality restoration; (III) tree planting and carrying out other low-tech treatments; and (IV) plugging orphan oil and gas wells; (iv) for service positions with respect to urban and rural community resilience and sustainability— (I) community greening; (II) promoting urban agriculture; (III) promoting community gardens; (IV) local food economy development; (V) heat island mitigation; (VI) establishing and maintaining pedestrian pathways; (VII) establishing and maintaining greenways and trails; (VIII) hazard mitigation; (IX) water resources development; (X) establishing and maintaining community solar projects; and (XI) promoting energy efficiency through retrofitting; and (v) for service positions with respect to administration and monitoring— (I) administrative activities to support the work at local conservation districts; (II) project coordination and management; (III) water quality monitoring; (IV) support of State or Tribal agencies; (V) support of land trusts and conservancies; (VI) support of local park and recreation offices; (VII) support of community and environmental justice organizations; and (VIII) volunteer coordination. (B) Funding for agricultural conservation practices (i) In general An eligible host entity that receives a grant under subsection (e) may use the funds to support the implementation of an agricultural conservation practice for which funding is provided through a program of the Department of Agriculture and that is carried out at the applicable worksite if the sum of the amount of funding received through that program and the amount of the grant under subsection (e) is not greater than the total cost of materials, labor, and income forgone from conservation practice adoption associated with the implementation of that practice. (ii) Priority In providing grants under subsection (e) for projects that support the implementation of agricultural conservation practices described in clause (i), the Corporation shall give priority to projects carried out on farming operations managed by beginning farmers or ranchers or socially disadvantaged farmers or ranchers. (iii) Specialized crews A State, local, or Tribal agency may host a specialized conservation crew to support the implementation of agricultural conservation practices described in clause (i), including fencing, tree planting buffer installation, or other practices approved by the Natural Resources Conservation Service of the Department of Agriculture across multiple farming operations in a region. (C) Nutrient reduction and agricultural conservation practices Service activities described in subparagraph (A) relating to agriculture or forestry that are carried out using funds from a grant under subsection (e) may be used to support Federal, State, Tribal, and local efforts to achieve nutrient reduction in impaired waterways. (3) Training and education (A) In general The eligible host entity shall arrange for the provision of training (including technical instruction and development of skills such as time management, conflict resolution, goal development, and resume writing) and education opportunities, including workforce investment activities as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), that are related to the service position, for each participant at the worksite and specific to the specific training needs of each participant. If the entity provides on-site training (including technical instruction or skills development) or education, the entity shall provide training (including technical instruction or skills development) or education, respectively, that utilizes the skills and expertise of experienced conservationists and professionals, including training (including technical instruction or skills development) or education by— (i) established farmers; (ii) (I) institutions of higher education; (II) the State system of higher education; (III) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); (IV) community colleges; (V) Historically Black Colleges and Universities (as defined by the term part B institution under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )); (VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) )); (VII) Tribal Colleges or Universities (as defined in section 316(b) of such Act ( 20 U.S.C. 1059c(b) )); (VIII) Asian American and Native American Pacific Islander-serving institutions (as defined in section 320(b) of such Act ( 20 U.S.C. 1059g(b) ); and (IX) area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); (iii) offices of the Cooperative Extension System; (iv) State and Tribal agencies with jurisdiction over agriculture or natural resources; or (v) nonprofit organizations with conservation expertise and training capacity. (B) Post-participation opportunities The eligible host entity shall ensure that each participant at the worksite receiving training (including technical instruction) and education is— (i) connected to labor organizations, nonprofit organizations, State and Tribal agencies, and small businesses, for future job opportunities following the term of service of the participant; and (ii) provided with further educational opportunities throughout the term of service of the participant, and after the term of service of the participant has concluded. (C) Corps member employment standard A participant shall be considered to be a participant (as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 )) of the eligible host entity for which the participant serves. (4) Corps member allowance and benefits (A) Allowance The eligible host entity shall provide to a participant, as an allowance, $15 for each hour of service in a service position and $15 for each hour of training (including technical instruction) and education under paragraph (3)(A). (B) Health insurance (i) In general The eligible host entity shall provide or make available a basic health care policy for each full-time participant in a service position, if the participant is not otherwise covered by a health care policy. The Corporation shall establish minimum standards that all plans must meet in order to qualify for payment under this section, any circumstances in which an alternative health care policy may be substituted for the basic health care policy, and mechanisms to prohibit participants from dropping existing coverage. (ii) Option The eligible host entity may elect to provide from its own funds or make available a health care policy for participants that does not meet all of the standards established by the Corporation if the fair market value of such policy is equal to or greater than the fair market value of a plan that meets the minimum standards established by the Corporation, and is consistent with other applicable laws. (C) Other benefits An eligible host entity may provide to a participant funds to be used for transportation, child care, mental health services, and other support for such participants. (5) Apprenticeship award (A) Definition In this paragraph, the term apprenticeship means— (i) an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (ii) a preapprenticeship designed to lead to an apprenticeship described in clause (i). (B) Notification Not later than 30 days after a participant completes a term of service in a service position under this subsection, the corresponding eligible host entity shall inform the Corporation. On determining that a participant has completed that term of service, the Corporation shall notify the participant of the determination, and the opportunity to apply for an apprenticeship award under this paragraph. (C) Application Not later than 12 months after receiving that notification, a participant that seeks an apprenticeship award under this paragraph shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require, including— (i) information demonstrating the goods or services to be acquired for the apprenticeship, and their cost; and (ii) information establishing that the goods or services are described in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). (D) Award On approving an application under subparagraph (C), the Corporation shall make an award, in an apprenticeship amount supported by the application but not more than $5,000, for the participant. The Corporation shall make the award to the participant. (6) Conservation technical assistance Of the funds appropriated under subsection (l), the Corporation shall set aside 1 percent which shall be used for conservation technical assistance (as defined in section 10 of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590j )) to support the implementation of a Corps project on private land, and when relevant, adjacent public land related to the project. (7) Administration Not more than 10 percent of a grant awarded under this section may be used for costs of administration, including hiring and paying staff, purchasing and leasing vehicles, acquiring equipment, and carrying out other related activities to support the work of participants. (j) Environmental justice (1) Environmental Equity Resource Center A State Commission that wishes to allow eligible host entities in the State, or associated with a related Indian tribe, to receive grants under subsection (c) shall establish an Environmental Equity Resource Center for purposes of— (A) screening for and identifying for purposes of this section environmental justice areas as described in paragraph (3); (B) establishing a board as described in paragraph (2); and (C) providing technical assistance for eligible host entities with worksites in environmental justice areas (as identified under this subsection), including by conducting outreach, providing coordination, building capacity, and supporting implementation of projects at such worksites. (2) Community advisory board (A) In general An Environmental Equity Resource Center established under paragraph (1) shall establish a community advisory board for an area in which a Corps project is occurring composed of representatives of— (i) relevant local public health organizations; (ii) relevant local workforce development boards (defined individually as a local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )) within the State of the Environmental Equity Resource Center and the State workforce development board (defined individually as a State board in such section) of such State; (iii) relevant environmental and environmental justice organizations; (iv) relevant labor organizations; (v) relevant Indian tribes; (vi) community members in an area in which a Corps project is occurring; and (vii) other organizations or individuals as determined relevant by the Environmental Equity Resource Center. (B) Duties The community advisory board established under this paragraph shall— (i) ensure community engagement, transparency, and accountability in carrying out each stage of a project receiving funds under this section; and (ii) track, evaluate, and report progress on clear and meaningful indicators related to the benefits of the project as described in subsection (f)(3)(B)(i) and other relevant factors. (3) Identification of environmental justice areas (A) In general For purposes of this section, the Environmental Equity Resource Center established by the State Commission under paragraph (1) shall, in accordance with subparagraph (B) or (C), identify environmental justice areas. (B) Identification in States with environmental justice standards For States with environmental justice standards under State law, the Environmental Equity Resource Center in such State shall identify environmental justice areas based on the State standards and the totality of the factors listed in subparagraph (C) (with the factor in each clause weighing in favor of the area being an environmental justice area). (C) Identification in States without environmental justice standards For States without environmental justice standards under State law, the Environmental Equity Resource Center in such State shall identify environmental justice areas based on the totality of the following factors (with the factor in each clause weighing in favor of the area being an environmental justice area): (i) An area in the State that has a predominately minority, low-income, or Tribal or indigenous population. (ii) An area in the State that has a disproportionate exposure to an environmental hazard or the cumulative effect of environmental hazards, including hazards in the EJSCREEN environmental indicators (or any corresponding similar indicators) developed by the Environmental Protection Agency. (iii) An area in the State that has disproportionate vulnerability to an environmental hazard or the cumulative effect of environmental hazards, including an area that meets EJSCREEN demographic indicators (or any corresponding similar indicators) developed by the Environmental Protection Agency. (iv) An area in the State with high rates of asthma prevalence and incidence. (v) An area in the State within which drinking water has been contaminated with lead or perfluoroalkyl or polyfluoroalkyl substances. (vi) An area in the State with an additional demographic or environmental factor that the Environmental Equity Resource Center determines to be appropriate in identifying an area as an environmental justice area for the purpose of Corps projects. (D) Interference with State environmental justice areas Nothing in this section shall be construed as limiting a State from identifying, using factors under this paragraph or otherwise, an area as an environmental justice area for purposes other than under this section. (k) Use of steel, iron, and manufactured goods produced in the United States (1) In general Subject to paragraph (2), grant funds awarded under this section to an eligible host entity may be obligated for a project if the steel, iron, and manufactured goods used for such project are produced only in the United States. (2) Exceptions (A) In general Subject to subparagraph (B), paragraph (1) shall not apply in any case, or category of cases, in which the eligible host entity overseeing a project finds that— (i) applying paragraph (1) would be inconsistent with the public interest; (ii) the steel, iron, or manufactured goods needed for such project are not produced in the United States in sufficient and reasonably available quantities or in a satisfactory quality; or (iii) use of steel, iron, or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (B) Waiver request If the Corporation or a partnering Federal agency receives a request by an eligible host entity for a waiver under this section for an exception listed in subparagraph (A), the head of the Corporation or partnering Federal agency (referred to in this subparagraph as the agency head ) shall make available to the public a copy of the request and information available to the head of such Federal agency concerning the request, and shall allow for public input on the request for at least 15 days prior to making a finding based on the request. The agency head shall make the request and accompanying information available by electronic means, including on the official public internet site of the Federal agency involved. (3) International agreements The requirements under this subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. (4) Applicability Nothing in this subsection shall supersede or preempt any existing (as of the date of enactment of this section) requirement to buy or use goods produced only in the United States, to the extent such requirement is more strict than this subsection. (l) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2022 through 2025. (2) Duration of availability Amounts appropriated pursuant to paragraph (1) shall remain available until expended. 167. Corporation advisory council (a) Establishment There is established in the Corporation (as defined in section 101) the Corporation Advisory Council (referred to in this section as the Council ). (b) Membership (1) Appointment The Chief Executive Officer shall appoint members of the Council from the groups described in paragraph (2). (2) Composition The Council shall be composed of representatives from— (A) eligible host entities (as defined in section 166); and (B) labor organizations. (c) Period of appointment; vacancies Members shall be appointed for the life of the Council. Any vacancy in the Council shall not affect the powers of the Council, but shall be filled in the same manner as the original appointment was made. (d) Duties (1) Study The Council shall study— (A) the operation of the Corporation (as defined in section 166); (B) the impact of grants awarded under section 166; and (C) the outcome of participants in the program created under section 166. (2) Report The Council shall prepare annual reports on the issues considered under paragraph (1) and submit such reports to the Corporation (as defined in section 101). (e) Personnel (1) Travel expenses The members of the Council shall not receive compensation for the performance of services for the Council, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (2) Detail of government employees Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Permanent council Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. (g) Authorization of appropriations (1) In general There are authorized to be appropriated to the Council for each fiscal year such sums as may be necessary to carry out this section. (2) Availability Any sums appropriated under the authorization contained in this subsection shall remain available, without fiscal year limitation, until expended. . (b) Excluding corps member allowance and awards from gross income (1) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 112 the following new section: 113. Amounts received from Civilian Conservation Corps In the case of an individual, gross income shall not include any amount received under a civilian conservation corps allowance or award under paragraphs (4) and (5) of section 166(i) of the National and Community Service Act of 1990. . (2) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 112 the following new item: Sec. 113. Amounts received from Civilian Conservation Corps. . (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Conforming amendments (1) References Sections 151 (in the first sentence), 152(a), 159(c)(1)(C), 163(a), 164, and 165 (in the matter preceding paragraph (1)) of the National and Community Service Act of 1990 ( 42 U.S.C. 12611 , 12612(a), 12619(c)(1)(C), 12623(a), 12624, and 12625) are amended by striking this subtitle and inserting this chapter . (2) Table of contents The table of contents for the National and Community Service Act of 1990 is amended in the items relating to subtitle E of title I— (A) by striking the item relating to the heading for subtitle E and inserting the following: Subtitle E—National Corps Chapter 1—National Civilian Community Corps ; and (B) by adding at the end the following: Chapter 2—Civilian Conservation Corps Sec. 166. Civilian Conservation program. Sec. 167. Corporation Advisory Council. . 3. On-farm apprenticeship program (a) Definitions In this section: (1) Apprentice The term apprentice means an individual in an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (2) Apprenticeship costs The term apprenticeship costs means the actual costs incurred by an agricultural business in employing an apprentice through the program, including— (A) wages paid to the apprentice (not including allowances that are funded through the Civilian Conservation Corps established under section 166 of the National and Community Service Act of 1990, as added by section 2 of this Act); (B) a reasonable allocation of fixed overhead expenses relating to the apprenticeship under the program; and (C) incidental costs directly relating to the apprenticeship under the program. (3) Program The term program means the agricultural workforce development program established under subsection (b). (4) Secretary The term Secretary means the Secretary of Agriculture. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to establish an agricultural workforce development program to provide incentives for agricultural businesses to employ apprentices, including employing participants in or applicants for the Civilian Conservation Corps established under section 166 of the National and Community Service Act of 1990, through partial reimbursement of the apprenticeship costs. (c) Requirements In the regulations promulgated under subsection (b), the Secretary shall specify, at a minimum— (1) the criteria for selecting an agricultural business for participation in the program, which shall include— (A) the ability of the agricultural business to effectively supervise an apprentice; and (B) the opportunity for an apprentice to obtain meaningful work experience through the apprenticeship; (2) the process and timeline for selecting agricultural businesses and apprentices that are qualified to participate in the program; (3) the accounting requirements for tracking apprenticeship costs under the program; and (4) the process for an agricultural business to seek reimbursements for apprenticeship costs under the program. (d) Reimbursements Under the program, the Secretary shall reimburse an agricultural business in an amount equal to not more than 50 percent of apprenticeship costs. (e) Limitation An agricultural business may not be reimbursed under the program for the apprenticeship costs of more than 3 apprentices for any 1 fiscal year. (f) Construction Nothing in this section shall be construed to change the status of an individual participating in the Civilian Conservation Corps established under section 101(30)(B) of the National and Community Service Act of 1990 ( 42 U.S.C. 12511(30)(B) ) for purposes of chapter 2 of subtitle E of title I of that Act, as added by section 2 of this Act. 4. Skilled trade nondisplacement Section 177(b)(3)(A) of the National and Community Service Act of 1990 ( 42 U.S.C. 12637(b)(3)(A) ) is amended by striking employee. and inserting employee, including any employee whose duties require that employee to have passed a trade examination in the skilled trades. . | https://www.govinfo.gov/content/pkg/BILLS-117s2414is/xml/BILLS-117s2414is.xml |
117-s-2415 | II 117th CONGRESS 1st Session S. 2415 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Toomey 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 use of retirement plan funds to obtain long-term care insurance, and for other purposes.
1. Short title This Act may be cited as the Long-Term Care Affordability Act . 2. Long-term care contracts purchased with retirement plan distributions (a) In general Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) Distributions with respect to long-Term care insurance (1) Exclusion (A) In general Gross income of an individual for the taxable year does not include any distribution from an eligible retirement plan to the extent that the aggregate amount of such distributions does not exceed the amount paid by or assessed to such individual during the taxable year for or with respect to coverage described in subparagraph (B) for the individual, the individual’s spouse, or a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of the individual. (B) Coverage described Coverage described in this subparagraph is— (i) a qualified long-term care insurance contract (as defined in section 7702B(b)) covering qualified long-term care services (as defined in section 7702B(c)), and (ii) coverage of the risk that an insured individual would become a chronically ill individual (within the meaning of section 101(g)(4)(B)) under a rider or other provision of a life insurance contract which satisfies the requirements of section 101(g)(3) (determined without regard to subparagraph (D) thereof). (2) Limitation (A) In general The amount excluded from gross income under paragraph (1) for any taxable year shall not exceed $2,500 with respect to payments for coverage for any insured individual. (B) Exclusion available only to 1 taxpayer The exclusion under paragraph (1) shall be allowed to only 1 taxpayer for any taxable year with respect to any 1 insured individual. (C) Adjustment for inflation (i) In general In the case of any taxable year beginning after December 31, 2021, the $2,500 amount in subparagraph (A) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding If any increase determined under clause (i) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. (3) Eligible retirement plan For purposes of this subsection, the term eligible retirement plan means any plan which— (A) is described in clause (i),(ii), (iv), (v), or (vi) of subsection (c)(8)(B), or (B) is a defined contribution plan described in clause (iii) of subsection (c)(8)(B). (4) Distributions must otherwise be includible Rules similar to the rules of subsection (l)(3) shall apply for purposes of this subsection. (5) Separately stated portions of a contract For purposes of this subsection, the amount taken into account as paid during the taxable year for coverage described in paragraph (1)(B)(i) includes premiums paid and charges assessed during such taxable year for any such coverage which is treated as a separate contract under section 7702B(e)(1), if such separate contract is a qualified long-term care insurance contract (as defined in section 7702B(b)). (6) Coordination with other deductions The amounts excluded from gross income under paragraph (1) shall not be taken into account under section 162(l) or 213. . (b) Amounts treated as required minimum distribution Section 401(a)(9) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (J) Treatment of distributions for long-term care insurance For purposes of this title, if a distribution is required under this paragraph for a taxable year, any distribution which is excluded from gross income under section 402(m) for the taxable year shall be treated as a distribution required under this paragraph. . (c) Conforming amendments (1) Section 401(k)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by striking or at the end of subclause (V), by adding or at the end of subclause (VI), and by adding at the end the following new subclause: (VII) as provided in section 402(m), . (2) Section 403(b)(11) of such Code is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by inserting after subparagraph (D) the following new subparagraph: (E) for distributions to which section 402(m) applies. . (3) Section 457(d)(1)(A) of such Code is amended by striking or at the end of clause (iii), by striking the comma at the end of clause (iv) and inserting , or , and by adding at the end the following new clause: (v) as provided in section 402(m), . (d) Reporting (1) In general Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6050Z. Certain withdrawals from qualified arrangements for long-term care insurance (a) Requirement of reporting Any issuer of a qualified long-term care insurance contract (as defined in section 7702B(b)), including a rider or other provision that is treated as a qualified long-term care insurance contract under section 7702B(e)(1), or of coverage described in section 402(m)(1)(B)(ii), shall make a return, according to forms or regulations prescribed by the Secretary, setting forth for each insured individual— (1) the aggregate amount of premiums and charges paid for the contract or coverage covering such individual during the calendar year, (2) the name, address, and TIN of the owner of the contract, if applicable, and (3) the name, address, and TIN of the insured under the contract. (b) Statement To be furnished to persons with respect to whom information is required Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing— (1) the name, address, and phone number of the information contact of the issuer of the qualified long-term care insurance contract or coverage described in section 402(m)(1)(B)(ii), and (2) the aggregate amount of premiums and charges paid under the contract or coverage covering the insured individual during the calendar year. The written statement required under the preceding sentence shall be furnished to the individual or individuals on or before January 31 of the year following the calendar year for which the return required under subsection (a) was required to be made. (c) Contracts or coverage covering more than one insured In the case of contracts or coverage covering more than one insured, the return and statement required by subsections (a) and (b) shall identify only the portion of the premium that is properly allocable to the insured in respect of whom the return or statement is made. . (2) Clerical amendment The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding after the item relating to section 6050Y the following new item: Sec. 6050Z. Certain withdrawals from qualified arrangements for long-term care insurance. . (e) Effective date The amendment made by this section shall apply to distributions received after the date of the enactment of this Act. 3. Information about long-term care insurance Section 516 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1146 ) is amended— (1) in the section heading, by inserting and participation in long-term care insurance after savings ; (2) in subsection (a), by inserting and long-term care insurance after income savings ; (3) in subsection (c)— (A) in paragraph (1), by striking ; and and inserting a semicolon; (B) in paragraph (2), by striking the period and inserting ; and ; and (C) by adding at the end the following: (3) a description of long-term care insurance arrangements, and information regarding matters relevant to enrolling in such insurance, including— (A) a fact sheet for employers, in an easily accessible format; and (B) a fact sheet for workers, in an easily accessible format. ; and (4) in subsection (d)— (A) in the matter preceding paragraph (1), by inserting and long-term care insurance before the period at the end of the first sentence; (B) in paragraph (3), by adding and after the semicolon; (C) in paragraph (4), by striking ; and and inserting a period; (D) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (E) by redesignating paragraph (5) as paragraph (3); (F) by inserting before subparagraph (A), as so redesignated, the following: (1) With respect to retirement income savings— ; (G) by inserting before paragraph (3), as so redesignated by subparagraph (E), the following: (2) With respect to long-term care insurance— (A) a description in simple terms of the common types of long-term care insurance available to both individuals and employers (specifically including small employers), including information on the tax benefits of such insurance under the Internal Revenue Code of 1986; and (B) materials explaining to employers in simple terms, the characteristics and operation of the different long-term care insurance for their workers and what the basic legal requirements are under this Act and the Internal Revenue Code of 1986, including the steps to enroll in such insurance and including links to the fact sheets described in subsection (c)(3). ; and (H) in paragraph (3), as so redesignated by subparagraph (E)— (i) by striking links to other and inserting Links to other ; and (ii) by inserting and long-term care insurance after retirement income savings arrangements . | https://www.govinfo.gov/content/pkg/BILLS-117s2415is/xml/BILLS-117s2415is.xml |
117-s-2416 | II 117th CONGRESS 1st Session S. 2416 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Burr (for himself, Mr. Bennet , Mr. Scott of South Carolina , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for expedited coding and coverage of novel medical products, and for other purposes.
1. Short title This Act may be cited as the New Opportunities for Value that Extend Lives Act of 2021 or the NOVEL Act of 2021 . 2. Expedited coding of novel medical products Section 1874 of the Social Security Act ( 42 U.S.C. 1395kk ) is amended by adding at the end the following new subsection: (h) Expedited coding of novel medical products (1) In general On and after the date that is 180 calendar days after the date of enactment of this subsection, in the case of a novel medical product, the Secretary shall make modifications to the HCPCS code set at least once every quarter. (2) Request Upon the written confidential request of a manufacturer of a novel medical product, the Secretary shall make a determination whether to assign a HCPCS code to such product. Such request may occur on or after the date on which the product receives a designation as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ), a breakthrough device under section 515B of such Act ( 21 U.S.C. 360e–3 ), or a regenerative advanced therapy under section 506(g) of such Act ( 21 U.S.C. 356(g) ). (3) Deadline for determination and notification (A) Complete request If the Secretary finds that a manufacturer has submitted a complete request under paragraph (2), the Secretary shall— (i) make a determination under such paragraph with respect to the request by not later than 180 calendar days after receiving the request; and (ii) notify the manufacturer of the determination by not later than 30 calendar days after making such determination. (B) Incomplete request If the Secretary finds that a manufacturer has submitted an incomplete request under paragraph (2), the Secretary shall notify the manufacturer of such finding by not later than 10 calendar days after receiving the request. Such notification shall contain detailed instructions on how the manufacturer can rectify any issue with the request. (4) Monitoring utilization A HCPCS code assigned under this subsection shall allow for the reliable monitoring of utilization of the novel medical product as described in paragraph (7). (5) Effective date of code assignment If the Secretary makes a determination to assign a HCPCS code to a product under paragraph (2), such code— (A) may be assigned within the first quarter after the manufacturer files, with respect to such product, a new drug application under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ), a biological product license application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ), a premarket application under section 515(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360e(c) ), a report under section 510(k) of such Act ( 21 U.S.C. 360k ), or a request for classification under section 513(f)(2) of such Act ( 21 U.S.C. 360c(f)(2) ); and (B) may not take effect before the date the product is approved, cleared, or licensed by the Food and Drug Administration. (6) Trade secrets and confidential information No information submitted under paragraph (2) shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (7) Inpatient products The Secretary shall establish a code modifier within the hospital inpatient prospective payment system under section 1886(d) to track the utilization and, to the extent practicable, outcomes of novel medical products that are assigned a HCPCS code pursuant to the expedited coding process under this subsection and are furnished by hospitals in inpatient settings. (8) Authority (A) Incorporation into an existing process The Secretary may, as determined appropriate, incorporate the request process under this subsection into another HCPCS code request process that the Secretary has in place. (B) Waiver of elements of existing processes In implementing this subsection, the Secretary may waive such elements of other HCPCS code request processes relating to advance planning as the Secretary determines appropriate. (9) Definitions In this subsection: (A) Novel medical product defined The term novel medical product means a drug, biological product, or medical device— (i) that has not been assigned a HCPCS code; and (ii) that has been designated as— (I) a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ); (II) a breakthrough device under section 515B of such Act ( 21 U.S.C. 360e–3 ); or (III) a regenerative advanced therapy under section 506(g) of such Act ( 21 U.S.C. 356(g) ). (B) HCPCS defined The term HCPCS means the Healthcare Common Procedure Coding System. . 3. Coverage determinations for novel medical products Section 1862(l) of the Social Security Act ( 42 U.S.C. 1395y(l) ) is amended by adding at the end the following new paragraph: (7) Coverage pathway for novel medical products (A) In general The Secretary shall facilitate an efficient coverage pathway to expedite a national coverage decision for coverage with evidence development process under this title for novel medical products described in subparagraph (D). The Secretary shall review such novel medical products for the coverage process on an expedited basis, beginning as soon as the Secretary assigns a HCPCS code to the product pursuant to the expedited coding process under section 1874(h). (B) Determination of coverage with evidence development Such coverage pathway shall include, with respect to such novel medical products, if the Secretary determines coverage with evidence development is appropriate, issuance of a national coverage determination of coverage with evidence development for a period up to, but not to exceed, 4 years from the date of such determination. (C) Modernizing payment options for novel medical products Not later than 4 years after issuing a national coverage determination pursuant to this paragraph, the Secretary shall submit to Congress and to the manufacturer of the novel medical product a report providing options for implementing alternative payment models under this title for the class of products to which the novel medical product belongs, which may include the utilization of existing models in the commercial health insurance market or any other payment model deemed appropriate by the Secretary. Such report shall include any recommendations for legislation and administrative action as the Secretary determines appropriate to facilitate such payment arrangements. (D) Novel medical products described For purposes of this paragraph, a novel medical product described in this subparagraph is a novel medical product, as defined in paragraph (9)(A) of section 1874(h), that is assigned a HCPCS code pursuant to the expedited coding process under such section. (E) Clarification Nothing in this paragraph shall prevent the Secretary from issuing a noncoverage or a national coverage determination for a novel medical product described in subparagraph (D). . 4. Enhancing coordination with the Food and Drug Administration (a) Public Meeting (1) In general Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products (as defined in section 1874(h)(9)(A) of the Social Security Act, as added by section 2) on the market in the United States. (2) Attendees The public meeting shall include— (A) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (B) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (C) representatives of commercial health insurance payers; (D) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (E) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (3) Topics The public meeting shall include a discussion of— (A) the status of the drug and medical device development pipeline related to the availability of novel medical products; (B) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (C) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (D) common differences in the data sets necessary to determine the safety and effectiveness of a novel medical product and the data sets necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act ( 42 U.S.C. 1395y(a)(1)(A) ); (E) the availability of information for sponsors of such novel medical products to meet each of those requirements; and (F) the coordination of information related to significant clinical improvement over existing therapies for patients between the Food and Drug Administration and the Centers for Medicare & Medicaid Services with respect to novel medical products. (4) Trade secrets and confidential information No information discussed as a part of the public meeting under this section shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (b) Improving transparency of criteria for Medicare coverage (1) Updating guidance Not later than 18 months after the public meeting under subsection (a), the Secretary shall update the final guidance entitled National Coverage Determinations with Data Collection as a Condition of Coverage: Coverage with Evidence Development to improve the availability and coordination of information as described in subparagraphs (D) through (F) of subsection (a)(3), and clarify novel medical product clinical data requirements to meet the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act. (2) Finalizing updated guidance Not later than 12 months after issuing draft guidance under paragraph (1), the Secretary shall finalize the updated guidance. 5. Report on coding, coverage, and payment processes under Medicare for new medical products (a) In general Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a report on the internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) with respect to the coding, coverage, and payment of medical products described in subsection (b). Such report shall include the following: (1) A description of challenges in the coding, coverage, and payment processes under the Medicare program for medical products described in such subsection. (2) Recommendations to— (A) incorporate patient experience data (such as the impact of a disease or condition on the lives of patients and patient treatment preferences) into the coverage and payment processes within the Centers for Medicare & Medicaid Services; (B) decrease the length of time to make national and local coverage determinations under the Medicare program (as those terms are defined in subparagraph (A) and (B), respectively, of section 1862(l)(6) of the Social Security Act ( 42 U.S.C. 1395y(l)(6) )); (C) streamline the coverage process under the Medicare program and incorporate input from relevant stakeholders into such coverage determinations; and (D) identify potential mechanisms to incorporate novel payment designs similar to those in development in commercial insurance plans and State plans under title XIX of the Social Security Act ( 42 U.S.C. 1396r et seq. ) into the Medicare program. (b) Medical products described For purposes of subsection (a), a medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy and gene editing), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356(a) ), a breakthrough device under section 515B of such Act ( 21 U.S.C. 360e–3 ), or a regenerative advanced therapy under section 506(g) of such Act ( 21 U.S.C. 356(g) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2416is/xml/BILLS-117s2416is.xml |
117-s-2417 | II 117th CONGRESS 1st Session S. 2417 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Scott of South Carolina (for himself, Mr. Manchin , Mr. Tester , Mr. Rounds , Mr. King , Mr. Cotton , Ms. Lummis , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting certain positive consumer credit information to consumer reporting agencies, and for other purposes.
1. Short title This Act may be cited as the Credit Access and Inclusion Act of 2021 . 2. Positive credit reporting permitted (a) In general Section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2 ) is amended by adding at the end the following: (f) Full-File credit reporting (1) Definitions In this subsection: (A) Energy utility firm The term energy utility firm means an entity that provides gas or electric utility services to the public. (B) Utility or telecommunication firm The term utility or telecommunication firm means an entity that provides utility services to the public through pipe, wire, landline, wireless, cable, or other connected facilities, or radio, electronic, or similar transmission (including the extension of such facilities). (2) Information relating to lease agreements, utilities, and telecommunications services Subject to the limitation in paragraph (3) and notwithstanding any other provision of law, a person or the Secretary of Housing and Urban Development may furnish to a consumer reporting agency information relating to the performance of a consumer in making payments— (A) under a lease agreement with respect to a dwelling, including such a lease in which the Department of Housing and Urban Development provides subsidized payments for occupancy in a dwelling; or (B) pursuant to a contract for a utility or telecommunications service. (3) Limitation Information about the usage by a consumer of any utility service provided by a utility or telecommunication firm may be furnished to a consumer reporting agency only to the extent that the information relates to the payment by the consumer for the service of the utility or telecommunication service or other terms of the provision of the services to the consumer, including any deposit, discount, or conditions for interruption or termination of the service. (4) Payment plan An energy utility firm may not report payment information to a consumer reporting agency with respect to an outstanding balance of a consumer as late if— (A) the energy utility firm and the consumer have entered into a payment plan (including a deferred payment agreement, an arrearage management program, or a debt forgiveness program) with respect to such outstanding balance; and (B) the consumer is meeting the obligations of the payment plan, as determined by the energy utility firm. . (b) Limitation on liability Section 623(c) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2(c) ) is amended— (1) in paragraph (2), by striking or at the end; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: (3) subsection (f) of this section, including any regulations issued thereunder; or . (c) GAO study and report Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact of furnishing information pursuant to subsection (f) of section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2 ), as added by subsection (a) of this Act, on consumers. | https://www.govinfo.gov/content/pkg/BILLS-117s2417is/xml/BILLS-117s2417is.xml |
117-s-2418 | II 117th CONGRESS 1st Session S. 2418 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Biggert-Waters Flood Insurance Reform Act of 2012 to improve mapping under the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Rate Map Interagency Technology Act of 2021 or the FIRM IT Act of 2021 . 2. National Flood Mapping Program (a) Sharing and use of maps and data; inclusion of cadastral features in rate maps Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps. ; and (2) in paragraph (3)— (A) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (B) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (C) in the matter preceding clause (i), as so redesignated, by striking Administrator shall include— and inserting the following: “Administrator— (A) shall include— ; (D) in subparagraph (A)(v), as so redesignated, by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (B) may include— (i) any relevant information that is obtained under paragraph (1)(D); and (ii) cadastral features, including, for each cadastral feature— (I) the associated parcel identification data for that feature; and (II) to the maximum extent practicable, using public and private sector address data, the address of that feature. . (b) Format of rate maps Section 100216(c)(2) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(c)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) not later than 5 years after the date on which the National Geodetic Survey completes the modernization of the National Spatial Reference System in 2022, updated to conform with the geospatial data provided by that system; and (E) spatially accurate in accordance with the common protocols for geographic information systems under section 216 of the E-Government Act of 2002 ( 44 U.S.C. 3501 note). . | https://www.govinfo.gov/content/pkg/BILLS-117s2418is/xml/BILLS-117s2418is.xml |
117-s-2419 | II 117th CONGRESS 1st Session S. 2419 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Merkley (for himself, Mr. Wyden , Mr. Padilla , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize the President to declare a smoke emergency, and for other purposes.
1. Short title This Act may be cited as the Wildfire Smoke Emergency Declaration Act of 2021 . 2. Assistance for smoke emergency declaration (a) In general The President may declare a smoke emergency in any State in which the President determines there is, or anticipates there will be, a significant decrease in air quality due to wildland fire smoke in one or more States. (b) Request from Governor The Governor, or other appropriate agency, of a State that is or will be affected by a significant decrease in air quality due to wildland fire smoke may request a declaration under subsection (a). (c) Assistance If the President declares a smoke emergency under subsection (a), the President, acting through the Federal Emergency Management Agency and other appropriate Federal agencies, may provide smoke emergency assistance to States and local communities that are or will be affected by the smoke emergency, including grants, equipment, supplies, and personnel and resources for establishing smoke shelters, air purifiers, and additional air monitoring sites. (d) SBA grants The Administrator of the Small Business Administration may provide grants to any small business concern, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ), that loses a significant amount of revenue due to wildland fire smoke in an area in which the President has declared a smoke emergency under subsection (a). (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act. 3. Budget adjustment for smoke emergency assistance Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2) ) is amended by adding at the end the following: (H) Smoke emergency assistance (i) If, for any fiscal year, appropriations for discretionary accounts are enacted that Congress designates as being for smoke emergency assistance in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for smoke emergency assistance. (ii) For purposes of this subparagraph, the term smoke emergency assistance means assistance provided under a determination under section 2 of the Wildfire Smoke Emergency Declaration Act of 2021 . (iii) Appropriations considered smoke emergency assistance under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (A) for the fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-117s2419is/xml/BILLS-117s2419is.xml |
117-s-2420 | II 117th CONGRESS 1st Session S. 2420 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Schatz (for himself and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of certain new electric bicycles.
1. Short title This Act may be cited as the Electric Bicycle Incentive Kickstart for the Environment Act or as the E-BIKE Act . 2. Credit for certain new electric bicycles (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 36C. Electric bicycles (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to 30 percent of the cost of any qualified electric bicycle placed in service by the taxpayer during such taxable year. (b) Limitation (1) Dollar limitation In the case of any taxpayer for any taxable year, the credit allowed under subsection (a) shall not exceed the excess (if any) of— (A) $1,500 (twice such amount in the case of a joint return), reduced by (B) the aggregate credits allowed to the taxpayer under subsection (a) for the 2 preceding taxable years. (2) Number of bicycles In the case of any taxpayer for any taxable year, the number of bicycles taken into account under subsection (a) shall not exceed the excess (if any) of— (A) 1 (2 in the case of a joint return), reduced by (B) the aggregate number of bicycles taken into account by the taxpayer under subsection (a) for the 2 preceding taxable years. (c) Qualified electric bicycle For purposes of this section— (1) In general The term qualified electric bicycle means a two- or three-wheeled vehicle— (A) which is a class 1 electric bicycle, a class 2 electric bicycle, or a class 3 electric bicycle, (B) which is equipped with— (i) pedals capable of propelling such vehicle, (ii) a saddle or seat for the rider, and (iii) an electric motor of less than 750 watts which is capable of propelling such vehicle, (C) the original use of which commences with the taxpayer, (D) which is acquired for use by the taxpayer in the United States and not for lease or resale, and (E) which is not property of a character subject to an allowance for depreciation or amortization in the hands of the taxpayer. (2) Limitation based on acquisition cost The term qualified electric bicycle shall not include any vehicle if the aggregate amount paid for the acquisition of such vehicle exceeds $8,000. (3) Class 1 electric bicycle The term class 1 electric bicycle means a two- or three-wheeled vehicle equipped with an electric motor that provides assistance only when the rider is pedaling, that is not capable of providing assistance when the speed of the vehicle exceeds 20 miles per hour, and that is not a class 3 electric bicycle. (4) Class 2 electric bicycle The term class 2 electric bicycle means a two- or three-wheeled vehicle equipped with an electric motor that may be used to propel the vehicle without the need of any additional assistance, and that is not capable of providing assistance when the speed of the vehicle exceeds 20 miles per hour. (5) Class 3 electric bicycle The term class 3 electric bicycle means a two- or three-wheeled vehicle equipped with an electric motor that provides assistance only when the rider is pedaling, and that is not capable of providing assistance when the speed of the vehicle exceeds 28 miles per hour. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (c) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Electric bicycles. . (d) Effective date The amendments made by this section shall apply to vehicles placed in service after the date of the enactment of this Act, in taxable years ending after such date. (e) Treasury report Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s designee) shall make publicly available a written report specifying the number of taxpayers claiming the credit allowed under section 36C of the Internal Revenue Code of 1986 (as added by this section) and the aggregate dollar amount of such credits so allowed. Such information shall be stated separately for taxable years beginning in 2021 and 2022, and shall be stated separately with respect to each such years with respect to taxpayers in each of the income brackets to which section 1 of such Code applies. | https://www.govinfo.gov/content/pkg/BILLS-117s2420is/xml/BILLS-117s2420is.xml |
117-s-2421 | II 117th CONGRESS 1st Session S. 2421 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Merkley (for himself, Mr. Wyden , Mr. Padilla , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Administrator of the Environmental Protection Agency to conduct research on wildfire smoke, and for other purposes.
1. Short title This Act may be cited as the Smoke Planning and Research Act of 2021 . 2. Research on wildfire smoke (a) Centers of excellence (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall establish at institutions of higher education 4 centers, each of which shall be known as a Center of Excellence for Wildfire Smoke , to carry out research relating to— (A) the effects on public health of smoke emissions from wildland fires; and (B) means by which communities can better respond to the impacts of emissions from wildland fires. (2) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $10,000,000 for fiscal year 2022 and each fiscal year thereafter. (b) Research (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall carry out research— (A) to study the health effects of smoke emissions from wildland fires; (B) to develop and disseminate personal and community-based interventions to reduce exposure to and adverse health effects of smoke emissions from wildland fires; (C) to increase the quality of smoke monitoring and prediction tools and techniques; and (D) to develop implementation and communication strategies. (2) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this subsection $20,000,000 for fiscal year 2022 and each fiscal year thereafter. 3. Community smoke planning (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a competitive grant program to assist eligible entities described in subsection (b) in developing and implementing collaborative community plans for mitigating the impacts of smoke emissions from wildland fires. (b) Eligible entities An entity that is eligible to submit an application for a grant under subsection (a) is— (1) a State; (2) a unit of local government (including any special district, such as an air quality management district or a school district); or (3) an Indian Tribe. (c) Applications To be eligible to receive a grant under subsection (a), an eligible entity described in subsection (b) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (d) Technical assistance The Administrator may use amounts made available to carry out this section to provide to eligible entities described in subsection (b) technical assistance in— (1) submitting grant applications under subsection (c); or (2) carrying out projects using a grant under this section. (e) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for fiscal year 2022 and each fiscal year thereafter. | https://www.govinfo.gov/content/pkg/BILLS-117s2421is/xml/BILLS-117s2421is.xml |
117-s-2422 | II 117th CONGRESS 1st Session S. 2422 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Cardin (for himself and Mr. Marshall ) 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 establish a grant program supporting trauma center violence intervention and violence prevention programs, and for other purposes.
1. Short title This Act may be cited as the Bipartisan Solution to Cyclical Violence Act . 2. Grant program supporting trauma center violence intervention and violence prevention programs Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following new section: 399V–7. Grant program supporting trauma center violence intervention and violence prevention programs (a) Authority established (1) In general The Secretary shall award grants to eligible entities to establish or expand violence intervention or prevention programs for services and research designed to reduce the incidence of reinjury and reincarceration caused by intentional violent trauma, excluding intimate partner violence. (2) First award Not later than 9 months after the date of enactment of this section, the Secretary shall make the first award under paragraph (1). (3) Grant duration Each grant awarded under paragraph (1) shall be for a period of 3 years. (4) Grant amount The total amount of each grant awarded under paragraph (1) for the 3-year grant period shall be not less than $250,000 and not more than $500,000. (5) Supplement not supplant A grant awarded under paragraph (1) to an eligible entity with an existing program described in paragraph (1) shall be used to supplement, and not supplant, any other funds provided to such entity for such program. (b) Eligible entities To be eligible to receive a grant under subsection (a)(1), an entity shall— (1) either be— (A) a State-designated trauma center, or a trauma center verified by the American College of Surgeons, that conducts or seeks to conduct a violence intervention or violence prevention program; or (B) a nonprofit entity that conducts or seeks to conduct a program described in subparagraph (A) in cooperation with a trauma center described in such subparagraph; (2) serve a community in which at least 100 incidents of intentional violent trauma occur annually; and (3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Selection of grant recipients (1) Geographic diversity In selecting grant recipients under subsection (a)(1), the Secretary shall ensure that, collectively, grantees represent a diversity of geographic areas. (2) Priority In selecting grant recipients under subsection (a)(1), the Secretary shall prioritize applicants that serve one or more communities with high absolute numbers or high rates of intentional violent trauma. (3) Health professional shortage areas (A) Encouragement The Secretary shall encourage entities described in paragraphs (1) and (2) that are located in or serve a health professional shortage area to apply for grants under subsection (a)(1). (B) Definition In subparagraph (A), the term health professional shortage area means a health professional shortage area designated under section 332. (d) Reports (1) Reports to Secretary (A) In general An entity that receives a grant under subsection (a)(1) shall submit reports on the use of the grant funds to the Secretary, including progress reports, as required by the Secretary. Such reports shall include— (i) any findings of the program established, or expanded, by the entity through the grant; and (ii) if applicable, the manner in which the entity has incorporated such findings in the violence intervention or violence prevention program conducted by such entity. (B) Option for joint report To the extent feasible and appropriate, an entity that receives a grant under subsection (a)(1) may elect to coordinate with one or more other entities that have received such a grant to submit a joint report that meets the requirements of subparagraph (A). (2) Report to Congress Not later than 6 years after the date of enactment of the Bipartisan Solution to Cyclical Violence Act , the Secretary shall submit to Congress a report— (A) on any findings resulting from reports submitted to the Secretary under paragraph (1); (B) on best practices developed by the Secretary under subsection (e); and (C) with recommendations for legislative action relating to intentional violent trauma prevention that the Secretary determines appropriate. (e) Best practices Not later than 6 years after the date of enactment of the Bipartisan Solution to Cyclical Violence Act , the Secretary shall— (1) develop, and post on a public website of the Department of Health and Human Services, best practices for intentional violent trauma prevention, based on any findings reported to the Secretary under subsection (d)(1); and (2) disseminate such best practices to stakeholders, as determined appropriate by the Secretary. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for the period of fiscal years 2022 through 2025. . | https://www.govinfo.gov/content/pkg/BILLS-117s2422is/xml/BILLS-117s2422is.xml |
117-s-2423 | II 117th CONGRESS 1st Session S. 2423 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Wyden (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize transitional sheltering assistance for individuals who live in areas with unhealthy air quality caused by wildfires, and for other purposes.
1. Short title This Act may be cited as the Wildfire Smoke Relief Act . 2. Transitional sheltering assistance (a) Definitions In this Act: (1) Individual at risk of wildfire smoke related illness The term individual at risk of wildfire smoke related illness means an individual, living in an area where the air quality index is determined to be unhealthy for not less than 3 consecutive days as a result of a wildfire, who is— (A) a low-income individual; (B) a parent or guardian with a child who has not attained 19 years of age; (C) a pregnant woman; (D) an individual who is 65 years of age or older; (E) an individual with chronic respiratory or cardiovascular illness; or (F) an individual with a chronic disease that is exacerbated by smoke inhalation. (2) Low-income individual The term low-income individual means an individual from a family whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) for the preceding year did not exceed 200 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of Census. (3) Qualified entity The term qualified entity means— (A) a State or unit of local government; (B) a local public health authority; and (C) a coordinated care organization. (b) Transitional sheltering assistance program In carrying out the Transitional Sheltering Assistance Program of the Federal Emergency Management Agency under section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b ), the President shall— (1) provide assistance to a qualified entity to purchase and provide, to an individual at risk of wildfire smoke related illness, smoke-inhalation prevention equipment, including— (A) a portable air filtration unit; (B) an air filter; (C) a face mask or respirator, such as— (i) an N95 respirator; (ii) a P100 respirator; or (iii) other equipment certified by the National Institute for Occupational Safety and Health to protect from airborne particle exposure; (D) low-cost equipment to keep smoke out of a house, such as: (i) a weather strip; (ii) not more than 1 portable air-conditioning unit per household; (iii) ventilation equipment; (iv) a screening and shading device; or (v) a window covering; or (E) other similarly effective devices; and (2) in any case in which smoke-inhalation prevention equipment is not sufficient to mitigate the risk of illness, provide cost-efficient transitional shelter assistance to an individual at risk of wildfire smoke related illness. | https://www.govinfo.gov/content/pkg/BILLS-117s2423is/xml/BILLS-117s2423is.xml |
117-s-2424 | II 117th CONGRESS 1st Session S. 2424 IN THE SENATE OF THE UNITED STATES July 21, 2021 Ms. Klobuchar (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To make available $250,000,000 from the Travel Promotion Fund for the Corporation for Travel Promotion.
1. Short title This Act may be cited as the Restoring Brand USA Act . 2. Availability of Travel Promotion Fund for Brand USA (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, subject to subsection (b), and notwithstanding any other provision of law, shall make available, from unobligated balances remaining available from fees collected before October 1, 2020, and credited to Travel Promotion Fund established under subsection (d) of the Travel Promotion Act of 2009 ( 22 U.S.C. 2131(d) ), $250,000,000 for the Corporation for Travel Promotion (commonly known as Brand USA ). Such amounts shall remain available until expended. (b) Inapplicability of certain requirements and limitations The limitations and requirements set forth in paragraphs (2)(B) and (3) of subsection (d) of such Act shall not apply to amounts made available under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2424is/xml/BILLS-117s2424is.xml |
117-s-2425 | II 117th CONGRESS 1st Session S. 2425 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Reed (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 amend the Public Health Service Act to ensure the provision of high-quality service through the Suicide Prevention Lifeline, and for other purposes.
1. Short title This Act may be cited as the Suicide Prevention Lifeline Improvement Act of 2021 . 2. Suicide Prevention Lifeline (a) Plan Section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ) is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: (c) Plan (1) In general For purposes of maintaining the suicide prevention hotline under subsection (b)(2), the Secretary shall develop and implement a plan to ensure the provision of high-quality service. (2) Contents The plan required by paragraph (1) shall include the following: (A) Quality assurance provisions, including— (i) clearly defined and measurable performance indicators and objectives to improve the responsiveness and performance of the hotline, including at backup call centers; and (ii) quantifiable timeframes to track the progress of the hotline in meeting such performance indicators and objectives. (B) Standards that crisis centers and backup centers must meet— (i) to participate in the network under subsection (b)(1); and (ii) to ensure that each telephone call, online chat message, and other communication received by the hotline, including at backup call centers, is answered in a timely manner by a person, consistent with the guidance established by the American Association of Suicidology or other guidance determined by the Secretary to be appropriate. (C) Guidelines for crisis centers and backup centers to implement evidence-based practices including with respect to followup and referral to other health and social services resources. (D) Guidelines to ensure that resources are available and distributed to individuals using the hotline who are not personally in a time of crisis but know of someone who is. (E) Guidelines to carry out periodic testing of the hotline, including at crisis centers and backup centers, during each fiscal year to identify and correct any problems in a timely manner. (F) Guidelines to operate in consultation with the State department of health, local governments, Indian tribes, and tribal organizations. (3) Initial plan; updates The Secretary shall— (A) not later than 6 months after the date of enactment of the Suicide Prevention Lifeline Improvement Act of 2021 , complete development of the initial version of the plan required by paragraph (1), begin implementation of such plan, and make such plan publicly available; and (B) periodically thereafter, update such plan and make the updated plan publicly available. . (b) Transmission of data to CDC Section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ) is amended by inserting after subsection (c) of such section, as added by subsection (a) of this section, the following: (d) Transmission of data to CDC The Secretary shall formalize and strengthen agreements between the National Suicide Prevention Lifeline program and the Centers for Disease Control and Prevention to transmit any necessary epidemiological data from the program to the Centers for Disease Control and Prevention, including local call center data, to assist the Centers in suicide prevention efforts. . (c) Authorization of appropriations Subsection (e) of section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ) is amended to read as follows: (e) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated $113,600,000 for each of fiscal years 2022 through 2024. (2) Allocation Of the amount authorized to be appropriated by paragraph (1) for each of fiscal years 2022 through 2024, at least 80 percent shall be made available to crisis centers. . 3. Pilot program on innovative technologies (a) Pilot program (1) In general The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out a pilot program to research, analyze, and employ various technologies and platforms of communication (including social media platforms, texting platforms, and email platforms) for suicide prevention in addition to the telephone and online chat service provided by the Suicide Prevention Lifeline. (2) Authorization of appropriations To carry out paragraph (1), there is authorized to be appropriated $5,000,000 for the period of fiscal years 2022 and 2023. (b) Report Not later than 2 years after the date on which the pilot program under subsection (a) commences, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall submit to Congress a report on the pilot program. With respect to each platform of communication employed pursuant to the pilot program, the report shall include— (1) a full description of the program; (2) the number of individuals served by the program; (3) the average wait time for each individual to receive a response; (4) the cost of the program, including the cost per individual served; and (5) any other information the Secretary determines appropriate. 4. HHS study and report Not later than 2 years after the Secretary of Health and Human Services begins implementation of the plan required by section 520E–3(c) of the Public Health Service Act, as added by section 2(a)(2) of this Act, the Secretary shall— (1) complete a study on— (A) the implementation of such plan, including the progress towards meeting the objectives identified pursuant to paragraph (2)(A)(i) of such section 520E–3(c) by the timeframes identified pursuant to paragraph (2)(A)(ii) of such section 520E–3(c); and (B) in consultation with the Director of the Centers for Disease Control and Prevention, options to expand data gathering from calls to the Suicide Prevention Lifeline in order to better track aspects of usage such as repeat calls, consistent with applicable Federal and State privacy laws; and (2) submit a report to Congress on the results of such study, including recommendations on whether additional legislation or appropriations are needed. 5. GAO study and report (a) In general Not later than 2 years after the Secretary of Health and Human Services begins implementation of the plan required by section 520E–3(c) of the Public Health Service Act, as added by section 2(a)(2) of this Act, the Comptroller General of the United States shall— (1) complete a study on the Suicide Prevention Lifeline; and (2) submit a report to Congress on the results of such study. (b) Issues To be studied The study required by subsection (a) shall address— (1) the feasibility of geolocating callers to direct calls to the nearest crisis center; (2) operation shortcomings of the Suicide Prevention Lifeline; (3) geographic coverage of each crisis call center; (4) the call answer rate of each crisis call center; (5) the call wait time of each crisis call center; (6) the hours of operation of each crisis call center; (7) funding avenues of each crisis call center; (8) the implementation of the plan under section 520E–3(c) of the Public Health Service Act, as added by section 2(a) of this Act, including the progress towards meeting the objectives identified pursuant to paragraph (2)(A)(i) of such section 520E–3(c) by the timeframes identified pursuant to paragraph (2)(A)(ii) of such section 520E–3(c); and (9) service to individuals requesting a foreign language speaker, including— (A) the number of calls or chats the Lifeline receives from individuals speaking a foreign language; (B) the capacity of the Lifeline to handle these calls or chats; and (C) the number of crisis centers with the capacity to serve foreign language speakers, in house. (c) Recommendations The report required by subsection (a) shall include recommendations for improving the Suicide Prevention Lifeline, including recommendations for legislative and administrative actions. 6. Definition In this Act, the term Suicide Prevention Lifeline means the suicide prevention hotline maintained pursuant to section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ). | https://www.govinfo.gov/content/pkg/BILLS-117s2425is/xml/BILLS-117s2425is.xml |
117-s-2426 | II 117th CONGRESS 1st Session S. 2426 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To transfer unobligated COVID relief funds to the Department of Justice for the COPS Hiring Program, and for other purposes.
1. Short title This Act may be cited as the Fund the Police Act of 2021 . 2. Rescission of Coronavirus State Fiscal Recovery Fund amounts (a) Rescission (1) In general Of the unobligated balances of amounts appropriated under section 602(a)(1) of the Social Security Act (as added by section 9901 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )) on the date of enactment of this Act, $50,000,000,000 is rescinded. (2) Conforming amendments Section 602 of the Social Security Act (as added by section 9901 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )) is amended— (A) in subsection (a)(1), by striking $219,800,000,000 and inserting $169,800,000,000 ; and (B) in subsection (b)(3)(A), by striking $195,300,000,000 and inserting $145,300,000,000 . (b) Appropriation There is appropriated for an additional amount, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, an amount equal to the amount rescinded under subsection (a)(1), to remain available until expended, to the Attorney General, of which— (1) $1,000,000,000 shall be made available under the heading Department of Justice—Office of Justice Programs—State and Local Law Enforcement Assistance for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of such Act, shall not apply for purposes of this Act): Provided , That each recipient of an award under the Edward Byrne Memorial Justice Assistance Grant program certify that the recipient is in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ); (2) $1,000,000,000 shall be made available under the heading Department of Justice—Office of Justice Programs—Community Oriented Policing Services for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act ( 34 U.S.C. 10381 ) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section 1701: Provided , That each recipient of an award under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act ( 34 U.S.C. 10381 ) certify that the recipient is in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ); and (3) $48,000,000,000 shall be made available under the heading Department of Justice—Office of Justice Programs to establish a Law Enforcement Assistance Trust Fund to ensure the long-term availability of Federal support for State and local law enforcement activities, of which not more than $500,000,000 may be made available in each fiscal year for grants awarded under the Community Oriented Policing Services grant program under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act ( 34 U.S.C. 10381 ), except that not less than 80 percent of such amount shall be made available for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section 1701, and not more than $500,000,000 may be made available in each fiscal year for grants awarded under the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968: Provided , That each recipient of an award made out of the Law Enforcement Assistance Trust Fund certify that the recipient is in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2426is/xml/BILLS-117s2426is.xml |
117-s-2427 | II 117th CONGRESS 1st Session S. 2427 IN THE SENATE OF THE UNITED STATES July 21, 2021 Mr. Wicker (for himself, Mr. Young , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to conduct a study and submit to Congress a report examining the feasibility of funding the Universal Service Fund through contributions supplied by edge providers, and for other purposes.
1. Short title This Act may be cited as the Funding Affordable Internet with Reliable Contributions Act or the FAIR Contributions Act . 2. Study and report on Universal Service Fund contributions (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (2) Commission The term Commission means the Federal Communications Commission. (3) Contribution The term contribution means funds provided to the Universal Service Fund under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ). (4) Edge provider The term edge provider means a provider of online content or services, such as a search engine, a social media platform, a streaming service, an app store, a cloud computing service, or an e-commerce platform. (5) Universal Service Fund The term Universal Service Fund means the fund established pursuant to section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) and administered by the Universal Service Administrative Company to support service to high-cost areas, schools and libraries, rural health care facilities, and the Lifeline program of the Commission. (b) Study and report Not later than 180 days after the date of enactment of this Act, and after issuing a notice of inquiry seeking public comment on the issues described in this subsection, the Commission shall conduct a study and submit to the appropriate congressional committees a report examining the feasibility of funding the Universal Service Fund through contributions supplied by edge providers, which shall include the consideration of comments on, and the findings of the Commission with respect to— (1) the class of firms and services on which contributions could be assessed, including an inquiry into the specific sources of revenue potentially subject to contributions, such as digital advertising revenue and user fees; (2) the equity issues of the current contributions system, including the cost burden on consumers who traditionally purchase legacy telecommunications services; (3) equity issues of alternative contributions systems that would create new funding sources for the Universal Service Fund such as Federal appropriations or assessments on edge providers; (4) whether a particular contributions system results in progressive or regressive fees; (5) the size of firms subject to contributions requirements; (6) the broadband requirements, such as bandwidth and latency, of a particular online service; (7) other Federal, State, and local taxes and fees that edge providers may already pay; (8) practical issues concerning the calculation of contributions, including which revenues should be subject to contributions, whether a flat or progressive rate is most appropriate, and the logistics of collection; (9) the effect such a change would have on telecommunications bills of consumers, including low-income, elderly, and Tribal consumers; (10) the effect such a change would have on the sustainability of the Universal Service Fund, and how to ensure that Universal Service Fund disbursements are consistent and predictable over time; (11) the statutory authority the Commission would require to enact such a change and how such a change would interact with existing Federal and State law; and (12) the continued necessity of the Universal Service Fund once advanced telecommunications capability is available to all people in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s2427is/xml/BILLS-117s2427is.xml |
117-s-2428 | II 117th CONGRESS 1st Session S. 2428 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Grassley (for himself, Mr. Leahy , Mr. Kennedy , Mr. Durbin , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 31, United States Code, to modify False Claims Act procedures, and for other purposes.
1. Short title This Act may be cited as the False Claims Amendments Act of 2021 . 2. False claims procedure (a) Proving materiality Section 3729 of title 31, United States Code, is amended by adding at the end the following: (e) Proving materiality (1) In general In an action under this section, the Government or relator may establish materiality by a preponderance of the evidence. (2) Rebuttal A defendant may rebut an argument of materiality under paragraph (1) by clear and convincing evidence. . (b) Costs Section 3731 of title 31, United States Code, is amended by adding at the end the following: (f) If the Government elects not to intervene in an action brought under section 3730(b), the court shall, upon a motion by the Government, order the requesting party to pay the Government’s expenses, including costs and attorneys’ fees, for responding to the party’s discovery requests, unless the party can demonstrate that the information sought is relevant, proportionate to the needs of the case, and not unduly burdensome on the Government. . 3. Rights of the parties to Qui Tam Actions Section 3730(c)(2)(A) of title 31, United States Code, is amended by inserting before the period at the end the following: , at which the Government shall have the burden of demonstrating reasons for dismissal, and the qui tam plaintiff shall have the opportunity to show that the reasons are fraudulent, arbitrary and capricious, or contrary to law . 4. Post-employment whistleblower retaliation Section 3730(h)(1) of title 31, United States Code, is amended by inserting current or former after Any . 5. GAO report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the effectiveness of the False Claims Act ( 31 U.S.C. 3729 et seq. ) during the time period beginning on the date of enactment of the False Claims Amendments Act of 1986 ( Public Law 99–562 ; 100 Stat. 3153) and ending on the date of enactment of this Act, which shall include— (1) a description of the benefits and challenges of enforcement efforts under the False Claims Act ( 31 U.S.C. 3729 et seq. ); and (2) information on the amounts recovered by the Government under the False Claims Act since the date of enactment of the False Claims Amendments Act of 1986 ( Public Law 99–562 ; 100 Stat. 3153). 6. Applicability The amendments made by sections 2, 3, and 4 of this Act shall apply to any case under the False Claims Act ( 31 U.S.C. 3729 et seq. ) that is— (1) filed on or after the date of enactment of this Act; or (2) pending on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2428is/xml/BILLS-117s2428is.xml |
117-s-2429 | II 117th CONGRESS 1st Session S. 2429 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Grassley (for himself, Mr. Durbin , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 38 of title 31, United States Code, relating to civil remedies, and for other purposes.
1. Short title This Act may be cited as the Administrative False Claims Act of 2021 . 2. Administrative false claims (a) Change in short title (1) In general Subtitle B of title VI of the Omnibus Budget Reconciliation Act of 1986 ( Public Law 99–509 ; 100 Stat. 1934) is amended— (A) in the subtitle heading, by striking Program Fraud Civil Remedies and inserting Administrative False Claims ; and (B) in section 6101 ( 31 U.S.C. 3801 note), by striking Program Fraud Civil Remedies Act of 1986 and inserting Administrative False Claims Act . (2) References Any reference to the Program Fraud Civil Remedies Act of 1986 in any provision of law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Administrative False Claims Act. (b) Reverse false claims Chapter 38 of title 31, United States Code, is amended— (1) in section 3801(a)(3), by amending subparagraph (C) to read as follows: (C) made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority. ; and (2) in section 3802(a)(3)— (A) by striking An assessment and inserting (A) Except as provided in subparagraph (B), an assessment ; and (B) by adding at the end the following: (B) In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority. . (c) Increasing dollar amount of claims Section 3803(c) of title 31, United States Code, is amended— (1) in paragraph (1) by striking $150,000 each place that term appears and inserting $1,000,000 ; and (2) by adding at the end the following: (3) Adjustment for inflation The maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act ( 28 U.S.C. 2461 note). . (d) Recovery of costs Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: (1) (A) Except as provided in paragraph (2)— (i) any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and (ii) amounts reimbursed under clause (i) shall— (I) be deposited in— (aa) the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; (bb) a similar appropriations account of the authority or other Federal entity; or (cc) if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and (II) remain available until expended. (B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States. . (e) Semiannual reporting Section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (4), by striking and at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) information relating to cases under chapter 38 of title 31, United States, including— (A) the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of title 31, United States Code; (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i) pending cases; (ii) resolved cases; (iii) the average length of time to resolve each case; (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v) if the total number of cases in a report is greater than 2— (I) the number of cases that were settled; and (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C) instances in which the reviewing official declined to proceed on a case reported by an investigating official; and . (f) Increasing efficiency of DOJ processing Title 31, United States Code, is amended— (1) in section 3803(j)— (A) by inserting (1) before The reviewing ; and (B) by adding at the end the following: (2) A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 of this title and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b). ; and (2) in section 3812— (A) in the section heading, by striking Prohibition against delegation and inserting Delegation authority ; and (B) by striking , shall not be delegated to, or carried out by, and inserting may be delegated to . (g) Revision of definition of hearing officials (1) In general Chapter 38 of title 31, United States Code, is amended— (A) in section 3801(a)(7)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B)(vii), by adding or at the end; and (iii) by adding at the end the following: (C) a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); ; and (B) in section 3803(d)(2)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B)— (I) by striking the presiding and inserting (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding ; (II) in clause (i), as so designated, by adding or at the end; and (III) by adding at the end the following: (ii) in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)— (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing— (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board. ; and (iii) by adding at the end the following: (C) in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)— (i) the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and (ii) the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i). . (2) Agency boards Section 7105(e) of title 41, United States Code, is amended— (A) in paragraph (1), by adding at the end the following: (E) Administrative False Claims Act (i) In general The boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31. (ii) Declining referral If the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. ; and (B) in paragraph (2), by inserting or, in the event that a case is filed under chapter 38 of title 31, any relief that would be available to a litigant under that chapter before the period at the end. (3) Regulations Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, and each board of contract appeals of a board described in subparagraphs (B), (C), and (D) of section 7105(e) of title 41, United States Code, shall amend procedures regarding proceedings as necessary to implement the amendments made by this subsection. (h) Revision of limitations Section 3808 of title 31, United States Code, is amended by striking subsection (a) and inserting the following: (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) of this title not later than the later of— (1) 6 years after the date on which the violation of section 3802 of this title is committed; or (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. . (i) Definitions Section 3801 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (10) material has the meaning given the term in section 3729(b) of this title; and (11) obligation has the meaning given the term in section 3729(b) of this title. ; and (2) by adding at the end the following: (d) For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title. . (j) Promulgation of regulations Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, shall— (1) promulgate regulations and procedures to carry out this Act and the amendments made by this Act; and (2) review and update existing regulations and procedures of the authority to ensure compliance with this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2429is/xml/BILLS-117s2429is.xml |
117-s-2430 | II 117th CONGRESS 1st Session S. 2430 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) 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 exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures.
1. Short title This Act may be cited as the Water Conservation Rebate Tax Parity Act . 2. Modifications to income exclusion for conservation subsidies (a) In general Subsection (a) of section 136 of the Internal Revenue Code of 1986 is amended— (1) by striking any subsidy provided and inserting any subsidy— (1) provided , (2) by striking the period at the end and inserting a comma, and (3) by adding at the end the following new paragraphs: (2) provided (directly or indirectly) by a public utility to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any water conservation or efficiency measure, or (3) provided (directly or indirectly) by a storm water management provider to a customer, or by a State or local government to a resident of such State or locality, for the purchase or installation of any storm water management measure. . (b) Conforming amendments (1) Definition of water conservation or efficiency measure and storm water management measure Section 136(c) of the Internal Revenue Code of 1986 is amended— (A) by striking Energy conservation measure in the heading thereof and inserting Definitions , (B) by striking In general in the heading of paragraph (1) and inserting Energy conservation measure , and (C) by redesignating paragraph (2) as paragraph (4) and by inserting after paragraph (1) the following: (2) Water conservation or efficiency measure For purposes of this section, the term water conservation or efficiency measure means any evaluation of water use, or any installation or modification of property, the primary purpose of which is to reduce consumption of water or to improve the management of water demand with respect to one or more dwelling units. (3) Storm water management measure For purposes of this section, the term storm water management measure means any installation or modification of property primarily designed to reduce or manage amounts of storm water with respect to one or more dwelling units. . (2) Definition of public utility Section 136(c)(4) of such Code (as redesignated by paragraph (1)(C)) is amended by striking subparagraph (B) and inserting the following: (B) Public utility The term public utility means a person engaged in the sale of electricity, natural gas, or water to residential, commercial, or industrial customers for use by such customers. (C) Storm water management provider The term storm water management provider means a person engaged in the provision of storm water management measures to the public. (D) Person For purposes of subparagraphs (B) and (C), the term person includes the Federal Government, a State or local government or any political subdivision thereof, or any instrumentality of any of the foregoing. . (3) Clerical amendments (A) The heading of section 136 of such Code is amended— (i) by inserting and water after energy , and (ii) by striking provided by public utilities . (B) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended— (i) by inserting and water after energy , and (ii) by striking provided by public utilities . (c) Effective date The amendments made by this section shall apply to amounts received after December 31, 2021. (d) No inference Nothing in this Act or the amendments made by this Act shall be construed to create any inference with respect to the proper tax treatment of any subsidy received directly or indirectly from a public utility, a storm water management provider, or a State or local government for any water conservation measure or storm water management measure before January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2430is/xml/BILLS-117s2430is.xml |
117-s-2431 | II 117th CONGRESS 1st Session S. 2431 IN THE SENATE OF THE UNITED STATES July 22, 2021 Ms. Hassan (for herself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to require the employees of the Department of Veterans Affairs to receive training developed by the Inspector General of the Department on reporting wrongdoing to, responding to requests from, and cooperating with the Office of Inspector General, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Office of Inspector General Training Act of 2021 . 2. Department of Veterans Affairs employee training regarding Office of Inspector General (a) Training The Secretary of Veterans Affairs shall require each employee of the Department of Veterans Affairs to receive training that the Inspector General of the Department shall develop on the reporting of wrongdoing to, responding to requests from, and cooperating with the Office of Inspector General. (b) Employees In carrying out subsection (a), the Secretary shall require— (1) each employee of the Department who was employed by the Department on the day before the date of the enactment of this Act undergo the training required by subsection (a) not later than one year after the date of the enactment of this Act; and (2) each employee of the Department who begins employment with the Department on or after the date of the enactment of this Act undergo the training required by subsection (a) not later than one year after the date on which the employment begins. (c) Elements Training developed and required under subsection (a) shall include the following: (1) Definition of the role, responsibilities, and legal authority of the Inspector General of the Department and the duties of employees of the Department for engaging with the Office of the Inspector General. (2) Identification of the circumstances and mechanisms for reporting fraud, waste, abuse, and other wrongdoing to the Inspector General, including making confidential complaints to the Inspector General. (3) Identification of the prohibitions and remedies that help to protect Department employees from retaliation when reporting wrongdoing to the Inspector General. (4) Recognition of opportunities to engage with staff of the Office of the Inspector General to improve Department programs, operations, and services. (d) Design and update The Inspector General of the Department shall design, and update as the Inspector General considers appropriate, the training developed and required by subsection (a). (e) System The Secretary shall provide, via the talent management system of the Department, or successor system, the training developed and required under subsection (a). (f) Relation to certain training The Secretary shall ensure that training developed and required under subsection (a) is separate and distinct from training provided under section 733 of title 38, United States Code. (g) Notice to employees The Secretary shall ensure that the Inspector General is afforded the opportunity, not less frequently than twice each year and as frequently as the Inspector General considers appropriate under extraordinary circumstances, to use the electronic mail system of the Department to notify all authorized users of such system of the following: (1) The roles and responsibilities of the employees of the Department when engaging with the Office of the Inspector General. (2) The availability of training provided under subsection (a). (3) How to access training provided under subsection (a). (4) Information about how to contact the Office of the Inspector General, including a link to any website-based reporting form of the Office. | https://www.govinfo.gov/content/pkg/BILLS-117s2431is/xml/BILLS-117s2431is.xml |
117-s-2432 | II 117th CONGRESS 1st Session S. 2432 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mrs. Feinstein (for herself, Mr. Burr , Mr. Padilla , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received from State-based catastrophe loss mitigation programs.
1. Short title This Act may be cited as the Disaster Mitigation and Tax Parity Act of 2021 . 2. Exclusion of amounts received from state-based catastrophe loss mitigation programs (a) In general Section 139 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) State-Based catastrophe loss mitigation programs (1) In general Gross income shall not include any amount received by an individual as a qualified catastrophe mitigation payment under a program established by— (A) a State, (B) a political subdivision or instrumentality thereof, or (C) an entity established under State charter, for the purpose of making such payments. (2) Qualified catastrophe mitigation payment For purposes of this section, the term qualified catastrophe mitigation payment means any amount which is received by an individual to make improvements to such individual’s residence for the sole purpose of reducing the damage that would be done to such residence by a windstorm, earthquake, or wildfire. (3) No increase in basis Rules similar to the rules of subsection (g)(3) shall apply in the case of this subsection. . (b) Conforming amendments (1) Section 139(d) is amended by striking and qualified and inserting , qualified catastrophe mitigation payments, and qualified . (2) Section 139(i) (as redesignated by subsection (a)) is amended by striking or qualified and inserting , qualified catastrophe mitigation payment, or qualified . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2432is/xml/BILLS-117s2432is.xml |
117-s-2433 | II 117th CONGRESS 1st Session S. 2433 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Cramer (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to develop and maintain a cadastre of Federal real property.
1. Short title This Act may be cited as the Federal Land Asset Inventory Reform Act of 2021 . 2. Cadastre of Federal real property (a) Definitions In this section: (1) Cadastre (A) In general The term cadastre means an inventory of real property developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth, and any information related to the data, including— (i) surveys; (ii) maps; (iii) charts; (iv) satellite and airborne remote sensing data; (v) images; and (vi) services of an architectural or engineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as— (I) a surveyor; (II) a photogrammetrist; (III) a hydrographer; (IV) a geodesist; or (V) a cartographer. (B) Inclusions The term cadastre includes— (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delineating all cadastral parcels; (iv) a system for indexing and identifying each cadastral parcel; and (v) a series of land data files, each including the parcel identifier, which can be used to retrieve information and cross-reference between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel. (2) Department The term Department means the Department of the Interior. (3) Federal real property The term Federal real property means any real property owned, leased, or otherwise managed by the Federal Government. (4) Landholding agency The term landholding agency means a Federal department or agency with statutory authority to control real property. (5) Real property The term real property means real estate consisting of— (A) land; (B) buildings, crops, forests, or other resources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D). (6) Secretary The term Secretary means the Secretary of the Interior. (b) Cadastre of Federal real property (1) Interagency data standardization Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the heads of landholding agencies, shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of data relating to Federal real property. (2) Development of cadastre Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the heads of landholding agencies, shall develop (and thereafter maintain) a current and accurate multipurpose cadastre of Federal real property and any real property included under paragraph (3)(A) to support Federal land management activities on Federal real property, including— (A) resource development and conservation; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property. (3) Cost-Sharing (A) In general The Secretary may enter into cost-sharing agreements with States to include any non-Federal land in a State in the cadastre under paragraph (2). (B) Cost share The Federal share of any cost-sharing agreement described in subparagraph (A) shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal land in the State. (4) Consolidation and 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 Committee on Natural Resources of the House of Representatives a report describing— (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department, including— (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Federal Government for each existing real property inventory or component of a cadastre in fiscal year 2020; (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department that will be eliminated or consolidated into the multipurpose cadastre under paragraph (2); (C) (i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department that will not be eliminated or consolidated into the multipurpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inventory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inventories or any components of any cadastre currently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government; (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department that will become part of the multipurpose cadastre under paragraph (2); (F) a plan for the implementation of this section, including a cost estimate and an assessment of the feasibility of using revenue from any transactional activity authorized by law to offset any costs of implementing this section; (G) an assessment described in subparagraphs (A) through (E) with regard to each cadastre and inventory of Federal real property authorized, operated, or maintained by each other Federal agency, which shall be conducted in consultation with the Director of the Office of Management and Budget, the Administrator of the General Services Administration, and the Comptroller General of the United States; and (H) recommendations for any legislation necessary to increase the cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Department. (5) Coordination (A) In general In carrying out this section, the Secretary shall— (i) participate (in accordance with section 216 of the E-Government Act of 2002 ( 44 U.S.C. 3501 note; Public Law 107–347 ) and section 757 of the Geospatial Data Act of 2018 ( 43 U.S.C. 2806 )) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre under paragraph (2) for all users of the information; (ii) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 ( 43 U.S.C. 2802(a) ) for the implementation of and compliance with such standards and requirements of that Act as may be applicable to— (I) the cadastre under paragraph (2); and (II) any aspect of the development of the cadastre under paragraph (2); (iii) integrate, or make the cadastre interoperable with, the Federal Real Property Profile or other inventories established pursuant to Executive Order 13327 ( 40 U.S.C. 121 note; relating to Federal real property asset management), the Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 note; Public Law 114–287 ), or the Federal Property Management Reform Act of 2016 ( Public Law 114–318 ; 130 Stat. 1608); and (iv) to the maximum extent practicable, integrate with and leverage current cadastre activities of units of State and local government. (B) Contracts considered surveying and mapping (i) In general A contract between the Secretary and a member of the private sector to provide products and services for the development of the cadastre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code). (ii) Selection procedures A contract described in clause (i) shall be entered into in accordance with the selection procedures in chapter 11 of title 40, United States Code. (c) Transparency and public access The Secretary shall— (1) in accordance with any requirements applicable to the Department under section 759 of the Geospatial Data Act of 2018 ( 43 U.S.C. 2808 ), make the cadastre under subsection (b)(2) publicly available on the internet— (A) in a graphically geo-enabled and searchable format; and (B) in a manner that is consistent with, and meets any requirements for integration with, the GeoPlatform established under section 758(a) of that Act ( 43 U.S.C. 2807(a) ); (2) ensure that the inventory referred to in subsection (b) includes the identification of all land suitable for disposal in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any information related to the land, buildings, or facilities if that disclosure would impair or jeopardize the national security or homeland defense of the United States. (d) Applicable law Any data that is part of the cadastre developed under subsection (b)(2) shall be— (1) considered to be geospatial data for purposes of the Geospatial Data Act of 2018 ( 43 U.S.C. 2801 et seq. ); and (2) subject to the requirements of that Act. (e) Effect Nothing in this section— (1) creates any substantive or procedural right or benefit; or (2) requires or authorizes— (A) any new surveying or mapping of Federal real property; (B) the evaluation of any parcel of land or other real property for potential management by a non-Federal entity; (C) the disposal of any Federal real property; or (D) any new appraisal or assessment of— (i) the value of any parcel of Federal land or other real property; or (ii) the cultural and archaeological resources on any parcel of Federal land or other real property. | https://www.govinfo.gov/content/pkg/BILLS-117s2433is/xml/BILLS-117s2433is.xml |
117-s-2434 | II 117th CONGRESS 1st Session S. 2434 IN THE SENATE OF THE UNITED STATES July 22, 2021 Ms. Cantwell (for herself, Mr. Kelly , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide tax incentives that support local newspapers and other local media, and for other purposes.
1. Short title This Act may be cited as the Local Journalism Sustainability Act . 2. Credit for local newspaper subscriptions (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Local newspaper subscriptions (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of amounts paid or incurred for subscriptions to one or more local newspapers for the personal use of the taxpayer. (b) Annual dollar limitation The credit allowed under subsection (a) to any taxpayer for any taxable year shall not exceed $250. (c) Applicable percentage For purposes of this section, the term applicable percentage means— (1) in the case of the first taxable year to which this section applies, 80 percent, and (2) in the case of any subsequent taxable year, 50 percent. (d) Local newspaper For purposes of this section— (1) In general The term local newspaper means any print or digital publication if— (A) the primary content of such publication is original content derived from primary sources and relating to news and current events, (B) such publication primarily serves the needs of a regional or local community, (C) the publisher of such publication employs at least one local news journalist who resides in such regional or local community, and (D) the publisher of such publication employs not greater than 1,000 employees. (2) Local news journalist For purposes of paragraph (1)(C), the term local news journalist means any individual who regularly gathers, collects, photographs, records, writes, or reports news or information that concerns local events or other matters of local public interest. (3) Aggregation rule (A) In general For purposes of subparagraphs (C) and (D) of paragraph (1), all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (B) Exception Subparagraph (A) shall not apply unless such persons are involved in the production of the same print or digital publication. (4) Continuous qualification The requirements of subparagraphs (A) and (B) of paragraph (1) shall not be treated as met unless such requirements are met at all times during the period beginning on the date which is 2 years before the date of the enactment of this section and ending on the date that the subscription described in subsection (a) is paid or incurred. (5) Application to certain organizations exempt from tax In the case of any print or digital publication which is published by any organization described in section 501(c) and exempt from tax under section 501(a)— (A) such publication shall be treated as a local newspaper only if the publication of print and digital publications is the primary activity of such organization, and (B) any person making a charitable contribution (as defined in section 170(c)) to such organization may elect to treat such contribution as an amount paid or incurred for a subscription to which this section applies in lieu of treating such contribution as a charitable contribution for purposes of section 170. (e) Termination No credit shall be allowed under this section for any amount paid or incurred in a taxable year ending after the close of 5-year period beginning on the date of the enactment of this section. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Local newspaper subscriptions. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. 3. Payroll credit for compensation of local news journalists (a) In general Subchapter D of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 3135. Local news journalist compensation credit (a) In general In the case of an eligible local news journalist employer, there shall be allowed as a credit against the taxes imposed by section 3111(a) for each calendar quarter an amount equal to the applicable percentage of wages paid by such employer to local news journalists for such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of wages paid with respect to any individual which may be taken into account under subsection (a) during any calendar quarter by the eligible local news journalist employer shall not exceed $12,500. (2) Credit limited to employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111, section 3131, 3132, and 3134) on the wages paid with respect to the employment of all the employees of the eligible local news journalist employer for such calendar quarter. (3) Refundability of excess credit If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). (c) Definitions For purposes of this section— (1) Applicable percentage The term applicable percentage means— (A) in the case of each of the first 4 calendar quarters to which this section applies, 50 percent, and (B) in the case of each calendar quarter thereafter, 30 percent. (2) Eligible local news journalist employer (A) In general The term eligible local news journalist employer means, with respect to any calendar quarter, any employer which— (i) is— (I) an eligible local newspaper publisher, (II) an eligible digital news organization, (III) a broadcast station, or (IV) a public broadcasting entity, and (ii) employs local news journalists. (B) Eligible local newspaper publisher The term eligible local newspaper publisher means, with respect to any calendar quarter, any employer if substantially all of the gross receipts of such employer for such calendar quarter are derived in the trade or business of publishing local newspapers (as defined in section 25E(d)(1)). (C) Eligible digital news organization The term eligible digital news organization means a digital information content provider which is engaged in the creation of original local or regional news and information. (D) Broadcast station The term broadcast station has the meaning given such term under section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (E) Public broadcasting entity The term public broadcasting entity has the meaning given such term under section 397(11) of the Communications Act of 1934 ( 47 U.S.C. 397(11) ). (3) Local news journalist The term local news journalist means— (A) with respect to any eligible local newspaper publisher for any calendar quarter, any individual who provides at least 100 hours of service during such quarter in the gathering, collecting, photographing, recording, writing, or reporting news or information that concerns local events or other matters of local public interest during such calendar quarter to such employer, and (B) with respect to any eligible digital news organization, broadcast station, or public broadcasting entity for any calendar quarter, any individual who provides at least 100 hours of service during such quarter in the original reporting, gathering, collecting, writing, editing, producing, verification, recording, photographing, presentation, design, or technology support of news or information that concerns regional or local events or other matters of regional or local public interest. (4) Other terms Any term used in this section which is also used in this chapter shall have the same meaning as when used in such chapter. (d) Aggregation rule (1) In general All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. (2) Exception Paragraph (1) shall not apply unless such persons are involved in the production of the same print or digital publication. (e) Certain rules To apply For purposes of this section, rules similar to the rules of sections 51(i)(1) and 280C(a) shall apply. (f) Certain governmental employers (1) In general This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (2) Exception Paragraph (1) shall not apply to any public broadcasting entity (as defined in section 397(11) of the Communications Act of 1934 ( 47 U.S.C. 397(11) )). (g) Election To have section not apply This section shall not apply with respect to any eligible local news journalist employer for any calendar quarter if such person elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply. (h) Special rules (1) Employee not taken into account more than once An employee shall not be included for purposes of this section for any period with respect to any employer if such employer is allowed a credit under section 51 with respect to such employee for such period. (2) Denial of double benefit Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S. (3) Third-party payors Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2) of such Code. (i) Treatment of deposits The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. (j) Extension of Limitation on Assessment Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of— (1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or (2) the date on which such return is treated as filed under section 6501(b)(2). (k) Regulations and guidance The Secretary shall issue such forms, instructions, regulations, and guidance as are necessary— (1) to allow the advance payment of the credit under subsection (a), subject to the limitations provided in this section, based on such information as the Secretary shall require, (2) to provide for the reconciliation of such advance payment with the amount advanced at the time of filing the return of tax for the applicable calendar quarter or taxable year, (3) with respect to the application of the credit under subsection (a) to third-party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and (4) to prevent the avoidance of the purposes of the limitations under this section. Any forms, instructions, regulations, or other guidance described in paragraph (3) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third-party payor to accurately report such tax credits based on the information provided by the customer. (l) Application This section shall only apply to wages paid in calendar quarters beginning after the date of the enactment of this section and beginning before the date that is 5 years after the first day of the first calendar quarter to which this section applies. . (b) Refunds Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 3135, after 3134, . (c) Clerical amendment The table of sections for subchapter D of chapter 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 3135. Local news journalist compensation credit. . (d) Effective date The amendments made by this section shall apply to calendar quarters beginning after the date of the enactment of this Act. 4. Credit for advertising in local newspapers and local media (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Advertising in local newspapers and local media (a) In general For purposes of section 38, in the case of any eligible small business, the local media advertising credit determined under this section for any taxable year is an amount equal to the applicable percentage of the qualified local media advertising expenses paid or incurred by the taxpayer during such taxable year. (b) Limitation The credit allowed under subsection (a) to any taxpayer for any taxable year shall not exceed— (1) in the case of the first taxable year to which this section applies, $5,000, and (2) in the case of any subsequent taxable year, $2,500. (c) Applicable percentage For purposes of this section, the term applicable percentage means— (1) in the case of the first taxable year to which this section applies, 80 percent, and (2) in the case of any subsequent taxable year, 50 percent. (d) Eligible small business For purposes of this section, the term eligible small business means any person for any taxable year if the average number of full-time employees (as determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986) employed by such person during such taxable year was less than 50. (e) Qualified local media advertising expenses For purposes of this section— (1) In general The term qualified local media advertising expenses means amounts paid or incurred in the ordinary course of a trade or business for advertising— (A) in a local newspaper (as defined in section 25E(d)), or (B) through a broadcast of, or in the digital content or digital publications of, a local radio or television station. (2) Local radio or television station The term local radio or television station means any broadcast radio or television station licensed by the Federal Communications Commission to serve a local community. (f) Special rules (1) Denial of double benefit No deduction shall be allowed for any qualified local media advertising expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under subsection (a). (2) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section. (g) Termination No credit shall be allowed under this section for any amount paid or incurred in a taxable year ending after the close of 5-year period beginning on the date of the enactment of this section. . (b) Credit allowed as part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) in the case of an eligible small business, the local media advertising credit determined under section 45U(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45U. Advertising in local newspapers and local media. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2434is/xml/BILLS-117s2434is.xml |
117-s-2435 | II 117th CONGRESS 1st Session S. 2435 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Young (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the excise tax on heavy trucks and trailers, and for other purposes.
1. Short title This Act may be cited as the Modern, Clean, and Safe Trucks Act of 2021 . 2. Findings Congress finds that— (1) the 12-percent Federal retail excise tax on certain new heavy trucks, tractors, and trailers, coupled with new regulatory mandates, significantly increases the cost of new heavy-duty trucks, tractors, and trailers and discourages the replacement of older, less environmentally clean and less fuel economical vehicles; (2) this 12-percent Federal retail excise tax is the highest percentage rate of any Federal ad valorem excise tax; (3) the Federal excise tax was first levied by Congress in 1917 to help finance America's involvement in World War I; (4) the 12-percent Federal retail excise tax routinely adds between $12,000 and $22,000 to the cost of a new heavy truck, tractor, or trailer; (5) more than half of the Class 8 trucks on the road are over 10 years old and lack a decade of environmental and safety technological advancements; (6) since 2007, new trucks have achieved significant carbon dioxide reductions and fuel efficiency improvements, which have saved 296,000,000 barrels of crude oil; (7) an owner of a single Class 8 truck powered by the latest clean diesel engine can expect to save about 2,200 gallons of fuel each year compared to previous generations of technology; (8) over the past 3 decades, cleaner fuel and advanced engines have combined to reduce nitrogen oxide (NOx) emissions by 97 percent and particulate matter (PM) emissions by 98 percent; (9) the Federal excise tax disproportionately impacts electric and alternative-fueled trucks, which currently have a higher up front cost, at a time when adoption of these technologies is needed to accelerate the transition to zero emission vehicles and the reduction of carbon pollution from transportation; (10) there are approximately 1,300,000 United States manufacturing, supplier, dealership, and heavy-duty trucking and trailer related jobs; (11) since the Federal retail excise tax on certain new heavy trucks, tractors, and trailers is based on annual sales, receipts from the tax deposited in the Highway Trust Fund can vary greatly; (12) Congress should consider a more reliable and consistent revenue mechanism to fund the Highway Trust Fund; (13) Congress should advance the deployment of the most modern, clean, and safe trucks through eliminating the Federal excise tax on trucks; and (14) repealing the Federal excise tax would result in the replacement of older internal combustion engine trucks with new heavy duty trucks that employ the latest safety and environmental technologies. 3. Repeal of excise tax on heavy trucks and trailers (a) In general Chapter 31 of the Internal Revenue Code of 1986 is amended by striking subchapter C (and by striking the item relating to such subchapter from the table of subchapters for such chapter). (b) Conforming amendments (1) Section 4072(c) of such Code is amended to read as follows: (c) Tires of the type used on highway vehicles (1) In general For purposes of this part, the term tires of the type used on highway vehicles means tires of the type used on— (A) motor vehicles which are highway vehicles, or (B) vehicles of the type used in connection with motor vehicles which are highway vehicles. (2) Exception for mobile machinery (A) In general Such term shall not include tires of a type used exclusively on mobile machinery. (B) Mobile machinery For purposes of subparagraph (A), the term mobile machinery means any vehicle which consists of a chassis— (i) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, (ii) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and (iii) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis. . (2) Section 4221 of such Code is amended— (A) in subsection (a)— (i) by striking (or under subchapter C of chapter 31 on the first retail sale) , and (ii) by striking 4051 or , (B) in subsection (c), by striking and in the case of any article sold free of tax under section 4053(6), , and (C) in subsection (d)(1), by striking , and, in the case of the taxes imposed by subchapter C of chapter 31, includes the retailer with respect to the first retail sale . (3) Section 4222(d) of such Code is amended by striking 4053(6), . (4) Section 4293 of such Code is amended by striking section 4051, . (5) Section 4483(g) of such Code is amended by striking section 4053(8) and inserting section 4072(c)(2) . (6) Section 6416(b)(2) of such Code is amended by striking or under section 4051 . (7) Section 6416(b) of such Code is amended by striking paragraph (6). (8) Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (c) Effective date The amendments made by this section shall apply to sales and installations on or after the date of the introduction of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2435is/xml/BILLS-117s2435is.xml |
117-s-2436 | II 117th CONGRESS 1st Session S. 2436 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Risch (for himself, Mr. Barrasso , Mr. Daines , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Healthy Forests Restoration Act of 2003 to establish emergency fireshed management areas, and for other purposes.
1. Short title This Act may be cited as the Forest Improvements through Research and Emergency Stewardship for Healthy Ecosystem Development and Sustainability Act or the FIRESHEDS Act . 2. Emergency fireshed management Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 et seq. ) is amended by adding at the end the following: 607. Emergency fireshed management (a) Definitions In this section: (1) Collaborative process The term collaborative process means a process relating to the management of National Forest System land or public land by which a project or forest management activity is developed and implemented by the Secretary through collaboration with interested persons, as described in section 603(b)(1)(C). (2) Fireshed The term fireshed means a landscape-scale area that faces a similar wildfire threat where a response strategy could influence the wildfire outcome. (3) Forest plan The term forest plan means— (A) a land use plan prepared by the Secretary of the Interior, acting through the Director of the Bureau of Land Management, for public land under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); or (B) a land and resource management plan prepared by the Secretary of Agriculture, acting through the Chief of the Forest Service, for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (4) Hazardous fuels management The term hazardous fuels management means any vegetation management activity that reduces the risk of wildfire, including mechanical treatments and livestock grazing. (5) National Forest System The term National Forest System means national forest lands reserved or withdrawn from the public domain of the United States described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (6) Public land (A) In general The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (B) Inclusions The term public land includes Coos Bay Wagon Road Grant land and Oregon and California Railroad Grant land. (7) Resource advisory committee The term resource advisory committee has the meaning given the term in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 ). (8) Secretary The term Secretary means— (A) the Secretary of the Interior, with respect to public land; and (B) the Secretary of Agriculture, with respect to National Forest System land. (9) Section 101 terms The terms at-risk community , community wildfire protection plan , and wildland-urban interface have the meanings given those terms in section 101. (b) Establishment of fireshed management areas (1) In general (A) Joint agreements Not later than 90 days after receiving a request from a Governor of a State, the Secretary shall enter into an agreement with that Governor to jointly— (i) designate 1 or more fireshed management areas within that State; and (ii) conduct fireshed management projects in accordance with subsection (d) in those fireshed management areas. (B) Additional fireshed management areas With respect to an agreement with a Governor of a State under subparagraph (A), the Secretary, if requested by that Governor, may— (i) designate additional fireshed management areas under that agreement; and (ii) update that agreement to address new wildfire threats. (C) Shared stewardship A previously signed stewardship agreement between a Governor of a State and the Secretary (or an update or successor agreement to such a stewardship agreement) may be treated as an agreement under subparagraph (A) if that Governor approves that treatment. (2) Designation of fireshed management areas (A) In general A fireshed management area designated under an agreement under paragraph (1)— (i) shall be— (I) a landscape-scale area; and (II) identified on the date of that designation as a fireshed ranked in the top 10 percent of wildfire exposure, as determined by the most recently published models of fireshed risk exposure published by the Secretary of Agriculture, acting through the Chief of the Forest Service; (ii) may not overlap with any other fireshed management area; and (iii) may contain Federal and non-Federal land. (B) Applicability of NEPA The designation of a fireshed management area under an agreement under paragraph (1) shall not be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (c) Stewardship and fireshed assessments (1) In general Not later than 90 days after entering into an agreement with a Governor of a State under subsection (b)(1), the Secretary and that Governor shall, with respect to the fireshed management areas designated under that agreement, jointly conduct a stewardship and fireshed assessment that— (A) identifies— (i) using the best available data, wildfire exposure risks within each of those fireshed management areas, including scenario planning and wildfire hazard mapping and models; and (ii) each at-risk community within each fireshed management area; (B) identifies potential fireshed management projects to be carried out in those fireshed management areas, giving priority— (i) primarily, to projects with the purpose of reducing threats to public health and safety from catastrophic wildfire; and (ii) secondarily, to projects with the purpose of— (I) protecting critical infrastructure; (II) protecting wildlife habitats; (III) protecting watersheds or improving water yield; or (IV) any combination of purposes described in subclauses (I) through (III); (C) includes— (i) a strategy for reducing the threat of wildfire to at-risk communities in the wildland-urban interface; (ii) recommended fireshed management project size limitations based on the best available data; (iii) a timeline for the implementation of fireshed management projects; and (iv) long-term benchmark goals for the completion of fireshed management projects in the highest wildfire exposure areas; and (D) shall be regularly updated based on the best available data, as determined by the Secretary. (2) Information improvement (A) Memoranda of understanding In carrying out a stewardship and fireshed assessment under this subsection, the Secretary may enter into memoranda of understanding with other Federal agencies or departments, States, private entities, or research or educational institutions to improve, with respect to that assessment, the use and integration of— (i) advanced remote sensing and geospatial technologies; (ii) statistical modeling and analysis; or (iii) any other technology the Secretary determines will benefit the quality of information of that assessment. (B) State information To the maximum extent practicable, the Secretary shall incorporate data from State forest action plans, State wildfire risk assessments, and other State sources in conducting an assessment under paragraph (1). (d) Fireshed management projects (1) In general The Secretary shall carry out fireshed management projects in fireshed management areas designated under an agreement under subsection (b)(1) in accordance with the timeline and project size limitations included in the stewardship and fireshed assessment relating to those areas under subsection (c)(1)(C). (2) Requirements A fireshed management project shall— (A) be carried out— (i) in accordance with paragraph (3); (ii) in accordance with the applicable forest plan; and (iii) in a manner that maximizes the retention of old-growth and large trees, to the extent that the trees promote stands that are resilient to wildfire; and (B) be— (i) developed through a collaborative process; (ii) proposed by a resource advisory committee; (iii) covered by a community wildfire protection plan; or (iv) proposed by a resource advisory council described in subpart 1784 of part 1700 of title 43, Code of Federal Regulations (or successor regulations). (3) Authorized activities A fireshed management project shall have the primary purpose of— (A) creating fuel breaks and fire breaks; (B) conducting hazardous fuels management; (C) conducting prescribed burns; (D) removing dead trees or dying trees; or (E) carrying out any combination of the activities described in subparagraphs (A) through (D). (4) Categorical exclusion for fireshed management projects Fireshed management projects under this subsection shall be— (A) considered an action categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ); and (B) exempt from the special administrative review process under section 105. (5) Exclusions A fireshed management project may not be carried out on land— (A) that is included in the National Wilderness Preservation System; (B) that is located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— (i) the forest management activity to be carried out under that authority is consistent with the forest plan applicable to the area; or (ii) the activity is allowed under the applicable roadless area conservation rule governing that land, including— (I) the Idaho roadless area conservation rule under subpart C of part 294 of title 36, Code of Federal Regulations; (II) the Colorado roadless area conservation rule under subpart D of part 294 of title 36, Code of Federal Regulations; or (III) any other roadless area conservation rule developed after the date of enactment of this section by the Secretary with respect to a specific State; or (C) on which timber harvesting for any purpose is prohibited by Federal statute. (6) Effect relating to certain roadless area conservation rules Nothing in this section affects the roadless area conservation rules described in subclauses (I) and (II) of paragraph (5)(B)(ii). (7) Use of other authorities To the maximum extent practicable, the Secretary shall use existing statutory and administrative authorities, including a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ), to carry out each fireshed management project. (e) Judicial review Section 106 shall apply to a fireshed management project conducted under this section in the same manner as that section applies to an authorized hazardous fuel reduction project conducted under title I, except that no restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a fireshed management project under this section in the wildland-urban interface. (f) Report Not later than 2 years after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report evaluating the progress and implementation of fireshed management projects under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2436is/xml/BILLS-117s2436is.xml |
117-s-2437 | II 117th CONGRESS 1st Session S. 2437 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Thune introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes.
1. Short title This Act may be cited as the Expediting Forest Restoration and Recovery Act of 2021 . 2. Application by Forest Service of authorities to expedite environmental analyses in carrying out hazardous fuel and insect and disease risk reduction projects Section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 ) is amended by adding at the end the following: (i) Application by Forest Service of authorities To expedite environmental analyses in carrying out hazardous fuel and insect and disease risk reduction projects (1) Definitions In this subsection: (A) Insect and disease treatment area The term insect and disease treatment area means an area that— (i) is designated by the Secretary as an insect and disease treatment area under this title; or (ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. (B) Secretary The term Secretary has the meaning given the term in section 101(14)(A). (2) Use of authorities In carrying out a hazardous fuel or insect and disease risk reduction project in an insect and disease treatment area authorized under this Act, the Secretary shall— (A) apply the categorical exclusion established by section 603 in the case of a hazardous fuel or insect and disease risk reduction project carried out in an area— (i) designated as suitable for timber production within the applicable forest plan; or (ii) where timber harvest activities are not prohibited; (B) conduct applicable environmental assessments and environmental impact statements in accordance with this section in the case of a hazardous fuel or insect and disease risk reduction project— (i) carried out in an area— (I) outside of an area described in subparagraph (A); or (II) where other significant resource concerns exist, as determined exclusively by the Secretary; or (ii) that is carried out in an area equivalent to not less than a hydrologic unit code 5 watershed, as defined by the United States Geological Survey; and (C) notwithstanding subsection (d), in the case of any other hazardous fuel or insect and disease reduction project, in the environmental assessment or environmental impact statement prepared under subsection (b), study, develop, and describe— (i) the proposed agency action; and (ii) the alternative of no action. (3) Priority for reducing risks of insect infestation and wildfire Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. (4) Inclusion of Fire Regime Groups IV and V Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Groups IV and V. (5) Excluded areas This subsection shall not apply to— (A) a component of the National Wilderness Preservation System; or (B) an inventoried roadless area, except in the case of an activity that is permitted under— (i) the final rule of the Secretary entitled Special Areas; Roadless Area Conservation (66 Fed. Reg. 3244 (January 12, 2001)); or (ii) a State-specific roadless area conservation rule. (6) Reports The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year. . 3. Good neighbor authority Section 8206(b)(2) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(b)(2) ) is amended by striking subparagraph (C) and inserting the following: (C) Treatment of revenue Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor— (i) to carry out authorized restoration services under that good neighbor agreement; and (ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements. . | https://www.govinfo.gov/content/pkg/BILLS-117s2437is/xml/BILLS-117s2437is.xml |
117-s-2438 | II 117th CONGRESS 1st Session S. 2438 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Cane River Creole National Historical Park in the State of Louisiana, and for other purposes.
1. Short title This Act may be cited as the Cane River Creole National Historical Park Boundary Modification Act . 2. Cane River Creole National Historical Park boundary modification Section 303(b) of the Cane River Creole National Historical Park and National Heritage Area Act ( 16 U.S.C. 410ccc–1(b) ) is amended by adding at the end the following: (5) The approximately 46.1 acres of land depicted as tracts 1, 2, and 3 on the map entitled A Map of Lands in Sections 111, 112 & 113, T7N–R6W and dated May 20, 2021 (referred to in this paragraph as the Map ), subject to the requirement that, as soon as practicable after the date of enactment of this paragraph, the Secretary shall prepare a map of the tracts consistent with National Park Service standards to replace the Map. . | https://www.govinfo.gov/content/pkg/BILLS-117s2438is/xml/BILLS-117s2438is.xml |
117-s-2439 | II 117th CONGRESS 1st Session S. 2439 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Peters (for himself, Mr. Portman , Mr. Rubio , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to provide for the responsibility of the Cybersecurity and Infrastructure Security Agency to maintain capabilities to identify threats to industrial control systems, and for other purposes.
1. Short title This Act may be cited as the DHS Industrial Control Systems Capabilities Enhancement Act of 2021 . 2. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems (a) In general Section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) is amended— (1) in subsection (e)(1)— (A) in subparagraph (G), by striking and after the semicolon; (B) in subparagraph (H), by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (I) activities of the Center address the security of both information technology and operational technology, including industrial control systems; ; and (2) by adding at the end the following new subsection: (p) Industrial control systems The Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall— (1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems; (2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents; (3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities; (4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and (5) conduct such other efforts and assistance as the Secretary determines appropriate. . (b) Report to Congress Not later than 180 days after the date of the enactment of this Act and every 6 months thereafter during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a briefing on the industrial control systems capabilities of the Agency under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a). (c) GAO review Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review implementation of the requirements of subsections (e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ), as amended by subsection (a), and submit to the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report containing findings and recommendations relating to such implementation. Such report shall include information on the following: (1) Any interagency coordination challenges to the ability of the Director of the Cybersecurity and Infrastructure Agency of the Department of Homeland Security to lead Federal efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section 2209. (2) The degree to which the Agency has adequate capacity, expertise, and resources to carry out threat hunting and incident response capabilities to mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(2) of such section 2209, as well as additional resources that would be needed to close any operational gaps in such capabilities. (3) The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the Agency pursuant to subsection (p)(3) of such section 2209, and the utility and effectiveness of such technical assistance. (4) The degree to which the Agency works with security researchers and other industrial control systems stakeholders, pursuant to subsection (p)(4) of such section 2209, to provide vulnerability information to the industrial control systems community. | https://www.govinfo.gov/content/pkg/BILLS-117s2439is/xml/BILLS-117s2439is.xml |
117-s-2440 | II 117th CONGRESS 1st Session S. 2440 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. King (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to convene a blue ribbon panel to review the forest inventory and analysis program of the Forest Service, and for other purposes.
1. Forest inventory and analysis program blue ribbon panel Section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 ( 16 U.S.C. 1642 ) is amended by adding at the end the following: (f) Forest inventory and analysis program blue ribbon panel (1) In general Not later than 90 days after the date of enactment of this subsection, the Secretary, in consultation with the National Association of State Foresters, shall convene a blue ribbon panel (referred to in this subsection as the Panel ) to review the forest inventory and analysis program established under this section. (2) Composition The Panel shall be composed of not fewer than 20, and not more than 30, members, including 1 or more of each of the following: (A) State foresters. (B) Representatives from the Environmental Protection Agency. (C) Representatives from the Department of the Interior. (D) Academic experts in forest health, management, and economics. (E) Forest industry representatives throughout the supply chain, including representatives of large forest landowners and small forest landowners. (F) Representatives from environmental groups. (G) Representatives from regional greenhouse gas trading organizations. (H) Experts in carbon accounting and carbon offset markets. (3) Duties (A) Review The Panel shall conduct a review of the past progress, current priorities, and future needs of the forest inventory and analysis program with respect to forest carbon, climate change, forest health, and sustainable wood products. (B) Report Not later than March 31, 2022, the Panel shall submit to the Secretary, the Secretary of the Interior, and Congress a report describing the review conducted under subparagraph (A). (4) Administrative matters (A) Chairperson and Vice Chairperson The Panel shall select a Chairperson and Vice Chairperson from among the nongovernmental members of the Panel. (B) Committees The Panel may establish 1 or more committees within the Panel as the Panel determines to be appropriate. (C) Compensation A member of the Panel shall serve without compensation. (D) Administrative support The Secretary shall provide such administrative support as is necessary for the Panel to carry out its duties. (E) Federal Advisory Committee Act The Panel shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). . | https://www.govinfo.gov/content/pkg/BILLS-117s2440is/xml/BILLS-117s2440is.xml |
117-s-2441 | II 117th CONGRESS 1st Session S. 2441 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Graham (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish in the States of North Carolina and South Carolina the Southern Campaign of the Revolution National Heritage Corridor, and for other purposes.
1. Short title This Act may be cited as the Southern Campaign of the Revolution National Heritage Corridor Act of 2021 . 2. Findings and purpose (a) Findings Congress finds that— (1) in accordance with the Study, the Southern Campaign of the Revolution National Heritage Corridor, an 8-mile-wide corridor, provides operational efficiency in connecting the greatest concentration of the Carolinas’ Revolutionary War sites including battlefields, historic communities, farmsteads, and landscapes that reflect the cultural and natural environments of North Carolina and South Carolina in the latter half of the 18th century; (2) there is a national interest in protecting, conserving, restoring, promoting, and interpreting the benefits of the Corridor for the residents of, and visitors to, the Corridor; (3) a primary responsibility for conserving, preserving, protecting, and promoting the benefits resides with the Managing Entity having jurisdiction over the Corridor; and (4) in view of the longstanding Federal practice of assisting States in creating, protecting, conserving, preserving, and interpreting areas of significant natural and cultural importance, and in view of the national significance of the Corridor, the Federal Government has an interest in assisting the States and the Managing Entity in fulfilling the responsibilities described in paragraph (3). (b) Purposes The purposes of this Act are— (1) to protect, preserve, conserve, restore, promote, interpret, and make available for the benefit of the public the historic, cultural, and natural resources of the Corridor; (2) to encourage and support, through financial and technical assistance, the Managing Entity in the development of a Management Action Plan for the Corridor to ensure coordinated public and private action in the Corridor in a manner consistent with subsection (a); (3) to provide, during the development of an integrated Corridor Management Action Plan, Federal financial and technical assistance for the protection, preservation, and conservation of land and water areas in the Corridor that are in danger of being adversely affected or destroyed; (4) to encourage and assist Managing Entity to identify the full range of public and private technical and financial assistance programs and services available to implement the Corridor Management Action Plan; and (5) to encourage adequate coordination of all government programs affecting the historic, cultural, and natural resources of the Corridor. 3. Definitions In this Act: (1) Corridor The term Corridor means the Southern Campaign of the Revolution National Heritage Corridor established by section 4(a). (2) Corridor management action plan The term Corridor Management Action Plan means the management action plan developed under section 6. (3) Management entity The term Management Entity means the University of South Carolina as established under section 4. (4) Secretary The term Secretary means the Secretary of the Interior. (5) States The term States mean the States of North Carolina and South Carolina. (6) Study The term Study means the Department of the Interior, National Park Service (NPS)’s July 2015 Southern Campaign of the Revolution National Heritage Area Suitability/Feasibility Study. (7) Map The term map means the map provided in the Study: Appendix C: Corridor Maps, page 93, Map 1: Proposed National Heritage Area Corridor . 4. Southern Campaign of the Revolution National Heritage Corridor (a) Establishment There is established in the States the Southern Campaign of the Revolution National Heritage Corridor. (b) Boundaries The Corridor shall consist of the area depicted on the map. The Corridor shall be specified in detail in the Corridor Management Action Plan. (c) Map A map of the Corridor shall be on file and available for public inspection in the appropriate offices of— (1) the National Park Service; and (2) the Management Entity. (d) Addition Additional areas of the States outside the Corridor boundaries may be added to the Corridor by the Secretary at the request of the Management Entity. (e) Management entity The Management Entity for the Corridor shall be The University of South Carolina, a public research university. 5. Administration (a) Authorities To carry out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to— (1) make grants to the States or a political subdivision of the States, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, the States or a political subdivision of the States, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the Corridor and is consistent with the approved Corridor Management Action Plan. (b) Duties The management entity shall— (1) in accordance with section 6, prepare and submit a Corridor Management Action Plan for the Corridor to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Corridor; (B) establishing and maintaining interpretive exhibits and programs in the Corridor; (C) developing recreational and educational opportunities in the Corridor; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Corridor; (E) protecting and restoring historic sites and buildings in the Corridor that are consistent with Corridor themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Corridor; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Corridor; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Corridor in the preparation and implementation of the Corridor Management Action Plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the Corridor Management Plan; (5) for any year that Federal funds have been received under this section— (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Corridor. (c) Prohibition on the acquisition of real property The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property. 6. Corridor management action plan (a) In general Not later than 3 years after the date of enactment of this Act, the Management Entity shall submit to the Secretary for approval a proposed Corridor Management Action Plan for the Corridor. (b) Requirements The Corridor Management Action Plan shall— (1) determine the boundaries of the Corridor adherent to section 4(b); (2) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Corridor; (3) take into consideration Federal, State, local, and Tribal plans and treaty rights; (4) include— (A) an inventory of— (i) the resources located in the Corridor; and (ii) any other property in the Corridor that— (I) is related to the themes of the Corridor; and (II) should be preserved, restored, managed, or maintained because of the significations of the property; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Corridor; (C) a description of the actions that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the Corridor; (D) a program of implementation for the Corridor Management Action Plan by the management entity that includes a description of— (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which Federal, State, local, and Tribal programs, including the role of the National Park Service in the Corridor, may best be coordinated to carry out this subsection; and (G) an interpretative plan for the Corridor; and (5) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Corridor. (c) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan. (d) Approval or disapproval of management plan (1) In general Not later than 180 days after the date of receipt of the management plan the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan. (2) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (A) the management entity is representative of the diverse interests of the Corridor, including Federal, State, Tribal, and local governments, natural and historic resources protection organizations, educational institutions, businesses, recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource preservation and interpretation strategies contained in the management plan would adequately protect the natural, historical, and cultural resources of the Corridor; and (D) the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan. (3) Action following disapproval If the Secretary disapproves the management plan, the Secretary shall— (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments (A) In general The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (B) Use of funds The management entity shall not use Federal funds authorized by this subtitle to carry out any amendments to the management plan until the Secretary has approved the amendments. 7. Relationship to other Federal agencies (a) In general Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal agencies Nothing in this section— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 8. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 9. Evaluation; report (a) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Corridor, the Secretary shall— (1) conduct an evaluation of the accomplishments of the Corridor; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a) shall— (1) assess the progress of the management entity with respect to— (A) accomplishing the purposes of this section for the Corridor; and (B) achieving the goals and objectives of the approved management plan for the Corridor; (2) analyze the Federal, State, Tribal, local, and private investments in the Corridor to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Corridor for purposes of identifying the critical components for sustainability of the Corridor. (c) Report (1) In general Based on the evaluation conducted under subsection (b), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Corridor. (2) Required analysis If the report prepared under subsection (a) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (A) ways in which Federal funding for the Corridor may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to Congress On completion of the report, the Secretary shall submit the report to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. 10. Funding There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year. 11. Termination of authority The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2441is/xml/BILLS-117s2441is.xml |
117-s-2442 | II 117th CONGRESS 1st Session S. 2442 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Durbin (for himself, Ms. Duckworth , Ms. Hirono , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend section 455(m) of the Higher Education Act of 1965 in order to allow adjunct faculty members to qualify for public service loan forgiveness.
1. Short title This Act may be cited as the Adjunct Faculty Loan Fairness Act of 2021 . 2. Loan forgiveness for adjunct faculty Section 455(m)(3)(B)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(3)(B)(ii) ) is amended— (1) by striking teaching as and inserting the following: teaching— (I) as ; (2) by striking , foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. and inserting and foreign language faculty), as determined by the Secretary; or ; and (3) by adding at the end the following: (II) as a part-time faculty member or instructor who— (aa) teaches not less than 1 course at an institution of higher education (as defined in section 101(a)), a postsecondary vocational institution (as defined in section 102(c)), or a Tribal College or University (as defined in section 316(b)); and (bb) is not employed on a full-time basis by any other employer. . | https://www.govinfo.gov/content/pkg/BILLS-117s2442is/xml/BILLS-117s2442is.xml |
117-s-2443 | II 117th CONGRESS 1st Session S. 2443 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Graham (for himself and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To expand the definition of H–2A nonimmigrant for purposes of the Immigration and Nationality Act to include aliens engaged in seafood processing, horticultural commodities, or the care of horses.
1. Expansion of agriculture-related work activities for which H–2A nonimmigrants are eligible Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) is amended by striking or (ii) and all that follows through or (b) and inserting the following: (ii) (a) having a residence in a foreign country, which the alien has no intention of abandoning, who is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor, by regulation, and as commonly characterized by its inclusion in any relevant occupational code in the Standard Occupational Classification Manual issued by the Office of Management and Budget), including— (aa) labor (as defined in section 3121(g) of the Internal Revenue Code of 1986); (bb) labor or services in agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) )); (cc) labor relating to the pressing of apples for cider on a farm; (dd) labor related to aquaculture, fish trimming, or wild seafood processing; (ee) labor related to the cultivation, installation, establishment and maintenance of horticultural commodities without regard to commodity source or location; (ff) labor related to the breeding, care and feeding of equines; or (b) . | https://www.govinfo.gov/content/pkg/BILLS-117s2443is/xml/BILLS-117s2443is.xml |
117-s-2444 | II 117th CONGRESS 1st Session S. 2444 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Booker (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for research and education with respect to uterine fibroids, and for other purposes.
1. Short title This Act may be cited as the Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2021 . 2. Findings Congress finds as follows: (1) It is estimated that 20 percent to 50 percent of women of reproductive age currently have uterine fibroids, and up to 77 percent of women will develop fibroids before menopause. (2) In the United States, an estimated 26,000,000 women between the ages of 15 and 50 have uterine fibroids, and approximately 15,000,000 of these individuals experience symptoms. Uterine fibroids may cause significant morbidity through their presence in the uterus and pelvic cavity, and symptoms can include pelvic pain, severe menstrual bleeding, iron-deficiency anemia, fatigue, bladder or bowel dysfunction, infertility, and pregnancy complications and loss. (3) The pain, discomfort, stress, and other physical and emotional symptoms of living with fibroids may significantly interfere with a woman’s quality of life, compromising her ability to function normally or work or care for her family, and may lead to more severe health and wellness issues. (4) Most women will experience uterine fibroids by the age of 50, yet few data exist describing the overall patient experience with fibroids. (5) Many people with fibroids are likely undiagnosed. Patients wait on average 3.6 years before seeking treatment, and over 40 percent of patients see 2 or more health care providers prior to receiving a diagnosis, underscoring the need for improved awareness and education. (6) People of color are more likely to develop uterine fibroids. It is estimated that more than 80 percent of Black women and about 70 percent of White women develop fibroids by the time they reach menopause. Black individuals with fibroids also have been shown to have more severe symptoms and develop early-onset uterine fibroids that develop into larger tumors. (7) Current research and available data do not provide adequate information on the prevalence and incidence of fibroids in Asian, Hispanic, and Black individuals. (8) Symptomatic uterine fibroids can cause reproductive problems, including infertility. People with uterine fibroids are much more likely to miscarry during early pregnancy than people without them. (9) According to the Evidence Report Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality, there is a remarkable lack of high-quality evidence supporting the effectiveness of most interventions for symptomatic fibroids . (10) Most medical options for managing fibroid symptoms regulate or suppress menstruation and prevent pregnancy. There is a great need for minimally invasive, fertility-friendly therapies, as well as biomarkers, imaging assessments, or risk-based algorithms that can help predict patient response to therapy. (11) The presence of symptomatic uterine fibroids is the most common reason for hysterectomies, accounting for 39 percent of hysterectomies annually in the United States. Approximately 42 per 1,000 women are hospitalized annually because of uterine fibroids, but Black patients have higher rates of hospitalization, hysterectomies, and myomectomies compared to White women. Uterine fibroids are also the leading cause of hospitalization related to a gynecological disorder. (12) The personal and societal costs of uterine fibroids in the United States are significant. Uterine fibroid tumors have been estimated to cost the United States $5,900,000,000 to $34,400,000,000 annually. The annual direct costs, including surgery, hospital admissions, outpatient visits, and medications, were estimated at $4,100,000,000 to $9,400,000,000 annually. Estimated lost work-hour costs ranged from $1,550,000,000 to $17,200,000,000 annually. Obstetric outcomes that were attributed to fibroid tumors resulted in costs of $238,000,000 to $7,760,000,000 annually. (13) At the Federal level, uterine fibroid research remains drastically underfunded as compared to patient disease burden. In 2019, fibroid research received about $17,000,000 in funding from the National Institutes of Health, putting it in the bottom 50 of 292 funded conditions. 3. Research with respect to uterine fibroids (a) Research The Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration and coordination The Secretary shall carry out the conduct and support of research pursuant to subsection (a), in coordination with the appropriate institutes, offices, and centers of the National Institutes of Health and any other relevant Federal agency, as determined by the Secretary and the Director of the National Institutes of Health. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2022 through 2026. 4. Research with respect to Medicaid coverage of uterine fibroids treatment (a) Research The Secretary (or the Secretary’s designee) shall establish a research database, or expand an existing research database, to collect data on services furnished to individuals diagnosed with uterine fibroids under a State plan (or a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or under a State child health plan (or a waiver of such a plan) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) for the treatment of such fibroids for purposes of assessing the frequency at which such individuals are furnished such services. (b) Report (1) In general Not later than the date that is 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the amount of Federal and State expenditures with respect to services furnished for the treatment of uterine fibroids under State plans (or waivers of such plans) under the Medicaid program under such title XIX and State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under such title XXI. (2) Coordination The Secretary shall coordinate the development and submission of the report required under paragraph (1) with any other relevant Federal agency, as determined by the Secretary. 5. Education and dissemination of information with respect to uterine fibroids (a) Uterine fibroids public education program The Secretary shall develop and disseminate to the public information regarding uterine fibroids, including information on— (1) the awareness, incidence, and prevalence of uterine fibroids among individuals, including all minority individuals; (2) the elevated risk for minority individuals to develop uterine fibroids; and (3) the availability, as medically appropriate, of the range of treatment options for symptomatic uterine fibroids, including non-hysterectomy treatments and procedures. (b) Dissemination of information The Secretary may disseminate information under subsection (a) directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, 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 For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2022 through 2026. 6. Information to health care providers with respect to uterine fibroids (a) Dissemination of information The Secretary of Health and Human Services shall, in consultation and in accordance with guidelines from relevant medical societies, work with health care-related specialty societies and health systems to promote evidence-based care for individuals with fibroids. Such efforts shall include minority individuals who have an elevated risk to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids, including non-hysterectomy drugs and devices approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). (b) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2022 through 2026. 7. Definition In this Act, the term minority individuals means individuals who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2444is/xml/BILLS-117s2444is.xml |
117-s-2445 | II 117th CONGRESS 1st Session S. 2445 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mrs. Shaheen (for herself, Ms. Murkowski , Mr. Durbin , Ms. Collins , Ms. Baldwin , and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To apply user fees with respect to tobacco products deemed subject to the requirements of chapter IX of the Federal Food, Drug, and Cosmetic Act.
1. Short title This Act may be cited as the Resources To Prevent Youth Vaping Act . 2. User fees (a) Increase in total amount Section 919(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b)(1) ) is amended by striking subparagraph (K) and inserting the following subparagraphs: (K) For each of fiscal years 2019 through 2021, $712,000,000. (L) For fiscal year 2022, $812,000,000. (M) For fiscal year 2023 and each subsequent fiscal year, the amount that was applicable for the previous fiscal year, adjusted by the total percentage change that occurred in the Consumer Price Index for all urban consumers (all items; United States city average) for the 12-month period ending June 30 preceding the fiscal year. . (b) Application of user fees to all classes of tobacco products (1) In general Subparagraph (A) of section 919(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b)(2) ) is amended to read as follows: (A) In general (i) Fiscal years 2022 and 2023 For fiscal years 2022 and 2023, user fees shall be assessed and collected under subsection (a) only with respect to the classes of tobacco products listed in subparagraph (B)(i), and the total such user fees with respect to each such class shall be an amount that is equal to the applicable percentage of each such class for the fiscal year multiplied by the amount specified in paragraph (1) for the fiscal year. (ii) Subsequent fiscal years For fiscal year 2024 and each subsequent fiscal year, user fees shall be assessed and collected under subsection (a) with respect to each class of tobacco products to which this chapter applies (including tobacco products that the Secretary by regulation deems to be subject to this chapter), and the total user fees with respect to each such class shall be— (I) with respect to each class of tobacco products listed in subparagraph (B)(i), an amount that is calculated in the same way as the amounts calculated for fiscal years 2022 and 2023 under clause (i), except that for purposes of fiscal years 2024 and subsequent fiscal years, instead of multiplying the applicable percentage of each such class by the amount specified in paragraph (1) for the fiscal year , the applicable percentage shall be multiplied by— (aa) the amount specified in paragraph (1) for the fiscal year, reduced by (bb) the total user fees assessed and collected pursuant to subclause (II) for the fiscal year; and (II) with respect to each class of tobacco products to which this chapter applies but which is not listed in subparagraph (B)(i), an amount determined pursuant to a formula under subparagraph (C). . (2) Other tobacco products Section 919(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b)(2) ), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs: (C) Allocation for other tobacco products (i) In general Beginning with fiscal year 2024, the total user fees assessed and collected under subsection (a) each fiscal year with respect to each class of tobacco products not listed in subparagraph (B)(i) shall be an amount that is determined pursuant to a formula developed by the Secretary by regulation using information required to be submitted under subparagraph (D). (ii) Allocation for other tobacco products For each class of tobacco products not listed in subparagraph (B)(i), the percentage of fees under the formula under clause (i) for the respective fiscal year shall be equal to the percentage of the gross domestic sales in the previous calendar year that is attributable to such class of tobacco products in such calendar year, as determined by the Secretary. (iii) Allocation of assessment within each class of other tobacco products The percentage of the total user fee to be paid by each manufacturer or importer of tobacco products in a class not listed in subparagraph (B)(i) shall be determined by the Secretary, based on the percentage of the gross domestics sales of all such classes of tobacco products by all manufacturers and importers in the previous calendar year that is attributable to such manufacturer or importer. (iv) Effect of failure to finalize formula on time If the Secretary for any reason fails to finalize by fiscal year 2024 the formula required by this subparagraph for the assessment and collection of user fees for classes of tobacco products not listed in subparagraph (B)(i)— (I) the Secretary shall continue to assess and collect fees under subsection (a) with respect to each class of tobacco products listed in subparagraph (B)(i); and (II) until the first fiscal year commencing after the finalization of such formula, the exception described in subparagraph (A)(ii)(I) shall not apply. (v) Revisions by regulation Any revisions to the formula promulgated pursuant to this subparagraph shall be by regulation. (vi) Definition In this subparagraph, the term gross domestic sales means the total value in dollars of the sale or distribution by manufacturers and importers of tobacco products in the United States in classes not listed in subparagraph (B)(i), as determined based on the aggregation of sales data from every manufacturer and importer of tobacco products that submits sales data to the Secretary. (D) Information required to be submitted Each manufacturer or importer of any tobacco product shall submit to the Secretary the information required under this subparagraph by March 1, 2023, for calendar year 2022, by April 1, 2023, for the period of January 1, 2023, through March 30, 2023, and monthly thereafter. Such information shall include— (i) the identification of the manufacturer or importer; (ii) the class or classes of tobacco products sold by the manufacturer or importer; (iii) the full listing of the finished tobacco products in a class not listed in subparagraph (B)(i) sold or distributed by the manufacturer or importer in the United States; and (iv) the gross domestic sales data for each class of finished tobacco products sold or distributed by the manufacturer or importer in the United States. . (3) Prohibited act Section 301(q)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(q)(1)(B) ) is amended by inserting 919(b)(2)(D), before or 920 . (c) Allocation of assessment within each class of tobacco product Section 919(b)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b)(4) ) is amended by striking shall be the percentage determined for purposes of allocations under subsections (e) through (h) of section 625 of Public Law 108–357 and inserting shall be the percentage determined by the Secretary . (d) Conforming amendments Section 919(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b) ) is amended— (1) by striking paragraph (5); (2) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively; and (3) by amending paragraph (6), as redesignated, to read as follows: (6) Memorandum of understanding The Secretary shall request the appropriate Federal agency to enter into a memorandum of understanding that provides for the regular and timely transfer from the head of such agency to the Secretary of all necessary information regarding all tobacco product manufacturers and importers required to pay user fees. The Secretary shall maintain all disclosure restrictions established by the head of such agency regarding the information provided under the memorandum of understanding. . (e) Applicability The amendments made by subsections (b), (c), and (d) apply beginning with fiscal year 2024. Subject to the amendment made by subsection (a), section 919 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s ), as in effect on the day before the date of enactment of this Act, shall apply with respect to fiscal years preceding fiscal year 2024. 3. Annual report (a) In general For fiscal year 2022 and each subsequent fiscal year for which fees are collected under section 919 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s ), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than 180 days after the end of the respective fiscal year for which the report is being prepared, submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and the Committee on Energy and Commerce and Committee on Appropriations of the House of Representatives, an annual report with respect to such fees that contains the information required under subsection (b). (b) Required information Each report submitted under subsection (a) shall contain the following information with respect to the fiscal year for which the report is being submitted: (1) A breakdown of the amount expended by the Food and Drug Administration on each of the following activities: (A) Compliance and enforcement. (B) Public education campaigns. (C) Scientific research and research infrastructure. (D) Communications. (E) Leadership, management, oversight, and administrative functions. (F) Related overhead activities. (G) Other activities. (2) Details on the amount expended, and the purpose of such expenditures, on each of the five largest expenditure amounts within each of the categories described in paragraph (1). (3) A breakdown of the amount expended on activities related to deemed tobacco products versus how much was expended on activities related to combustible tobacco products outlined in the pre-existing categories of tobacco products under section 919 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s ). (4) An explanation for how the Food and Drug Administration ensures that the amount of user fees allocated to public education campaigns on youth e-cigarette use and prevention is sufficient to meet the need for education of teens and minors on the dangers of e-cigarettes and other Electronic Nicotine Delivery Systems (commonly referred to as ENDS ). (5) A list of the status of submitted, pending, and approved tobacco product applications for each regulatory pathway and class of tobacco product as defined by the Family Smoking Prevention and Tobacco Control Act ( Public Law 111–31 ), including subsequent regulations, for the 3-fiscal year period preceding the fiscal year for which the report is being prepared. (6) When applicable, a breakdown of the amount or user fees collected under the amendments made by this Act from manufacturers of deemed tobacco products and the amount collected from manufacturers of each of the original pre-existing categories of tobacco products under section 919 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s ). | https://www.govinfo.gov/content/pkg/BILLS-117s2445is/xml/BILLS-117s2445is.xml |
117-s-2446 | II 117th CONGRESS 1st Session S. 2446 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mrs. Murray (for herself, Mr. Blumenthal , Ms. Hirono , Ms. Klobuchar , Mrs. Feinstein , Ms. Smith , Ms. Warren , Ms. Cantwell , Mr. Wyden , Mr. Sanders , Ms. Baldwin , Mr. Bennet , Mr. Menendez , Ms. Cortez Masto , Mr. Kaine , Mr. Padilla , Ms. Rosen , Mr. Brown , Mrs. Gillibrand , Ms. Stabenow , Mr. Durbin , Mr. Merkley , Ms. Duckworth , Mrs. Shaheen , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Employee Retirement Income Security Act of 1974 to provide for greater spousal protection under defined contribution plans, and for other purposes.
1. Short title This Act may be cited as the Women's Retirement Protection Act . 2. Findings Congress finds the following: (1) Approximately 25 percent of non-retired adults have no defined benefit plan or retirement savings, according to 2020 data from the Board of Governors of the Federal Reserve System. (2) In 2020, one-third of the private sector workforce did not have access to a retirement plan at the workplace, and only half of the workforce actually participated in a retirement plan. (3) Women’s retirement preparedness often lags significantly behind their male counterparts, resulting in the median income for women aged 65 and older in 2020 being just 83 percent of the median income of men aged 65 and older, including income from Social Security, pension plans, investments, and earnings. (4) Among people aged 75 and older, 13.2 percent of women live in poverty, while 8.8 percent of men live in poverty. (5) Women make up two-thirds of low-wage workers, even though they comprise less than half of all workers, and low-wage workers are less likely than other workers to participate in a retirement plan at work. (6) Because of the pay gap, women working full-time, year-round typically lose $406,280 over a 40-year career thereby requiring the average woman to work almost a decade longer than her male counterpart to make up that career wage gap. For Black and Latina women, the career wage gap is even larger at $964,400 and $1,163,920, respectively. (7) Due to the lower lifetime wages stemming from unequal pay and caregiving duties, the average Social Security benefit in 2019 for a woman age 65 or older was $13,505 a year, while for men such average benefit was $17,374 a year. (8) The COVID–19 pandemic has exacerbated the existing gender gap in retirement savings as women have been more likely to leave the workforce for caregiving. Women, especially women of color, have also been more likely to lose their jobs during the pandemic due to overrepresentation in industries severely hit by the pandemic. (9) Just 1 in 5 part-time workers who work a full year are eligible for a retirement plan, and women are almost twice as likely as men to work part-time. (10) While traditional defined benefit retirement plans have spousal protections, defined contribution retirement plans, which have become increasingly common, currently provide no similar spousal protections. (11) Every year, more than 1,200,000 couples get divorced in the United States. After the family home, retirement savings tends to be the largest asset to be divided in a divorce. (12) While fees and expenses associated with retirement plans have been in decline, participants have seen direct charges for processing qualified domestic relations orders increase significantly. 3. Increasing spousal protection under defined contribution plans (a) Amendment of Employee Retirement Income Security Act of 1974 (1) In general Part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1051 et seq. ), is amended by inserting after section 205 the following new section: 205A. Additional spousal consent requirements (a) In general Each individual account plan to which section 205 does not apply shall provide that, except as provided in subsections (c) and (d), no distribution may be made under the plan unless the spousal consent requirements of subsection (e) are met. (b) Coordination with section 205 Nothing in this section shall be construed to exempt an individual account plan from the requirements of paragraph (1)(B), (1)(C), or (2) of section 205(b) with respect to any participant. (c) Exceptions for certain distributions Subsection (a) shall not apply to— (1) any distribution that is— (A) a minimum required distribution described in section 4974(b) of the Internal Revenue Code of 1986; or (B) permitted under section 203(e)(1) to be made without the consent of the participant; (2) any distribution in the form of a qualified joint and survivor annuity (as defined in section 205(d)(1)), a qualified optional survivor annuity (as defined in section 205(d)(2)), a qualified preretirement survivor annuity (as defined in section 205(e)), or a series of substantially equal periodic payments (not less frequently than annually) made for the joint lives (or life expectancies) of the participant and the participant's spouse; or (3) in the case of a participant who does not elect a form of benefit described in paragraph (2) under the plan or who is participating in a plan that does not provide such a form of benefit, any distribution of the participant's entire nonforfeitable accrued benefit if 50 percent of such accrued benefit is transferred to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) of the spouse of the participant. A transfer described in paragraph (3) to an individual retirement plan shall be treated in the same manner as a transfer under section 408(d)(6) of the Internal Revenue Code of 1986. (d) Exceptions for certain rollover contributions Subsection (a) shall not apply to any distribution that is an eligible rollover distribution (as defined in section 402(f)(2)(A) of the Internal Revenue Code of 1986) made in the form of a direct trustee-to-trustee transfer within the meaning of section 401(a)(31) of the Internal Revenue Code of 1986— (1) to a plan to which this section or section 205 applies; or (2) to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) if— (A) the beneficiary of such plan is the spouse of the participant, or the spousal consent requirements of subsection (e) are met with respect to any designation of 1 or more other beneficiaries; and (B) under the terms of the individual retirement plan, the beneficiary of such plan (whether the spouse or other beneficiary designated under paragraph (1)) may not be changed unless— (i) the spousal consent requirements of subsection (e) are met with respect to any such change, or (ii) the spousal consent under subparagraph (A) to the designation of a beneficiary other than the spouse expressly permits such designation to be changed without the further consent of the spouse. (e) Spousal consent requirements (1) In general For purposes of this section, except as provided in paragraph (2), the spousal consent requirements of this subsection are met with respect to any distribution or any designation or change of beneficiary if— (A) the plan provides to each participant, within a reasonable period of time before such distribution or designation or change of beneficiary is made and consistent with such regulations as the Secretary of the Treasury may prescribe, a written explanation of the rights of the participant and the participant's spouse under this section; (B) the spouse of the participant consents in writing to the distribution or designation or change of beneficiary; (C) in the case of a distribution, the written consent under subparagraph (B) is made during the consent period; and (D) the written consent under subparagraph (B)— (i) acknowledges the effect of such distribution or designation or change of beneficiary; and (ii) is witnessed by a plan representative or a notary public. (2) Exceptions The requirements of paragraph (1) (other than subparagraph (A) thereof) shall not apply with respect to any distribution or designation or change of beneficiary if a participant establishes to the satisfaction of the plan administrator that— (A) there is no spouse; (B) the participant and the participant's spouse have not been married for at least 1 year as of the date of the distribution or designation or change of beneficiary; or (C) such consent cannot be obtained because— (i) the spouse cannot be located; (ii) due to exceptional circumstances, requiring the participant to seek the spouse’s consent would be inappropriate; or (iii) of such other circumstances as the Secretary of the Treasury, in consultation with the Secretary of Labor, may by regulations prescribe. (3) Consent limited to spouse and event Any written consent by a spouse under paragraph (1), or the establishment by a participant that an exception under paragraph (2) applies with respect to a spouse, shall be effective only with respect to that spouse and to the distribution or designation or change of beneficiary to which it relates. (4) Consent period For purposes of this subsection, the term consent period means, with respect to any distribution— (A) the 90-day period immediately preceding the date of such distribution; or (B) such other period as the Secretary of the Treasury may provide. (f) Discharge of plan from liability Rules similar to the rules of section 205(c)(6) shall apply for purposes of this section. . (2) Clerical amendment The table of sections of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 205 the following new item: Sec. 205A. Additional spousal consent requirements. . (3) Right of action Section 502(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ), is amended— (A) by striking or at the end of paragraph (10); (B) by striking the period at the end of paragraph (11) and inserting ; or ; and (C) by adding at the end the following new paragraph: (12) by an individual for appropriate relief in the case of a violation of the individual's rights under section 205A. . (4) Parallel amendment to section 205 Section 205(c)(2)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(2)(B) ), is amended by inserting , because due to exceptional circumstances, requiring the participant to seek the spouse's consent would be inappropriate after located . (b) Conforming amendment to Internal Revenue Code of 1986 Section 401(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following new paragraph: (18) Additional spousal consent requirements (A) In general In the case of a defined contribution plan to which paragraph (11) does not apply, except as provided in subsections (c) and (d), a trust forming part of such plan shall not constitute a qualified trust under this section unless no distribution may be made under the plan unless the spousal consent requirements of subparagraph (E) are met. (B) Coordination with paragraph (11) Nothing in this paragraph shall be construed to exempt a defined contribution plan from the requirements of subparagraph (B)(ii), (B)(iii), or (C) of paragraph (11) with respect to any participant. (C) Exceptions for certain distributions Subparagraph (A) shall not apply to— (i) any distribution that is— (I) a minimum required distribution described in section 4974(b), or (II) permitted under section 411(a)(11) to be made without the consent of the participant, (ii) any distribution in the form of a qualified joint and survivor annuity (as defined in section 417(b)), a qualified optional survivor annuity (as defined in section 417(g)), a qualified preretirement survivor annuity (as defined in section 417(c)), or a series of substantially equal periodic payments (not less frequently than annually) made for the joint lives (or life expectancies) of the participant and the participant's spouse, or (iii) in the case of a participant who does not elect a form of benefit described in clause (ii) under the plan or who is participating in a plan that does not provide such a form of benefit, any distribution of the participant's entire nonforfeitable accrued benefit if 50 percent of such accrued benefit is transferred to an individual retirement plan of the spouse of the participant. A transfer described in clause (iii) to an individual retirement plan shall be treated in the same manner as a transfer under section 408(d)(6). (D) Exceptions for certain rollover contributions Subparagraph (A) shall not apply to any distribution, involving a participant who has a spouse, that is an eligible rollover distribution (as defined in section 402(f)(2)(A)) made in the form of a direct trustee-to-trustee transfer within the meaning of paragraph (31)— (i) to a plan to which this paragraph or paragraph (11) applies; or (ii) to an individual retirement plan if— (I) the beneficiary of such plan is the spouse of the participant, or the spousal consent requirements of subparagraph (E) are met with respect to any designation of 1 or more other beneficiaries; and (II) under the terms of the individual retirement plan, the beneficiary of such plan (whether the spouse or other beneficiary designated under clause (i)) may not be changed unless— (aa) the spousal consent requirements of subparagraph (E) are met with respect to any such change, or (bb) the spousal consent under subclause (I) to the designation of a beneficiary other than the spouse expressly permits such designation to be changed without the further consent of the spouse. (E) Spousal consent requirements (i) In general For purposes of this paragraph, except as provided in clause (ii), the spousal consent requirements of this subparagraph are met with respect to any distribution or any designation or change of beneficiary if— (I) the plan provides to each participant, within a reasonable period of time before such distribution or designation or change of beneficiary is made and consistent with such regulations as the Secretary may prescribe, a written explanation of the rights of the participant and the participant's spouse under this paragraph, (II) the spouse of the participant consents in writing to the distribution or designation or change of beneficiary, (III) in the case of a distribution, the written consent under subclause (II) is made during the consent period, and (IV) the written consent under subclause (ii)— (aa) acknowledges the effect of such distribution or designation or change of beneficiary, and (bb) is witnessed by a plan representative or a notary public. (ii) Exceptions under section 417(a)(2)(B) to apply The requirements of clause (i) (other than subclause (I) thereof) shall not apply with respect to any distribution or designation or change of beneficiary if a participant establishes to the satisfaction of the plan administrator that— (I) there is no spouse, (II) the participant and the participant's spouse have not been married for at least 1 year as of the date of the distribution or designation or change of beneficiary, or (III) such consent cannot be obtained because— (aa) the spouse cannot be located, or (bb) of such other circumstances as the Secretary, in consultation with the Secretary of Labor, may by regulations prescribe. (iii) Consent limited to spouse and event Any written consent by a spouse under clause (i), or the establishment by a participant that an exception under clause (ii) applies with respect to a spouse, shall be effective only with respect to that spouse and to the distribution or designation or change of beneficiary to which it relates. (iv) Consent period For purposes of this subparagraph, the term consent period means, with respect to any distribution— (I) the 90-day period immediately preceding the date of such distribution, or (II) such other period as the Secretary may provide. . 4. Improving coverage for part-time workers (a) Amendment of Employee Retirement Income Security Act of 1974 (1) In general Section 202 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052 ) is amended by adding at the end the following new subsection: (c) Special rule for certain part-Time employees (1) In general A pension plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduction agreement (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— (A) the period permitted under subsection (a)(1) (determined without regard to subparagraph (B)(i) thereof); or (B) the first 24-month period— (i) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service; and (ii) by the close of which the employee has attained the age of 21. (2) Exception Paragraph (1)(B) shall not apply to employees who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employers, if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. (3) Coordination with other rules (A) In general In the case of employees who are eligible to participate in the arrangement or agreement solely by reason of paragraph (1)(B): (i) Exclusions An employer may elect to exclude such employees from the application of subsections (a)(4), (k)(3), (k)(12), (k)(13), (k)(15)(B)(iv), (k)(15)(B)(i)(I), and (m)(2) of section 401 of such Code and section 410(b) of such Code. (ii) Time of participation The rules of subsection (a)(4) shall apply to such employees. (B) Top-heavy rules An employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of paragraph (1)(B) from the application of the vesting and benefit requirements under subsections (b) and (c) of section 416 of such Code. (4) 12-month period For purposes of this subsection, 12-month periods shall be determined in the same manner as under the last sentence of subsection (a)(3)(A), except that 12-month periods beginning before January 1, 2021, shall not be taken into account. . (2) Vesting Section 203(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1053(a) ) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Part-time employees For purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of section 202(c)(1)(B) has a nonforfeitable right to employer contributions— (A) except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service; (B) paragraph (3) shall be applied by substituting at least 500 hours of service for more than 500 hours of service in subparagraph (A) thereof; and (C) 12-month periods occurring before the 24-month period described in section 202(c)(1)(B) shall not be treated as years of service. For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of section 202(a)(3)(A), except that 12-month periods beginning before January 1, 2021, shall not be taken into account. . (3) Penalty Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ), is amended by adding at the end the following new subsection: (n) Requirements relating to part-Time employees In the case of a plan that fails to permit participation as required by section 202(c), the Secretary may assess a civil penalty against the plan sponsor in an amount equal to $10,000 per year per employee to whom such failure relates. The Secretary may, in the Secretary’s sole discretion, waive or reduce the penalty under this subsection if the Secretary determines that the plan sponsor acted reasonably and in good faith. . (b) Conforming amendments to Internal Revenue Code of 1986 (1) In general Section 410(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs: (6) Special rule for certain part-time employees (A) In general In the case of a plan that includes either a qualified cash or deferred arrangement (as defined in section 401(k)) or a salary reduction agreement (as described in section 403(b)), a trust of which such plan is a part shall not constitute a qualified trust under section 401(a) if the plan requires, as a condition of participation in the plan or arrangement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— (i) the period permitted under paragraph (1) (determined without regard to subparagraph (B)(i) thereof), or (ii) the first 24-month period— (I) consisting of 2 consecutive 12-month periods during each of which the employee has at least 500 hours of service, and (II) by the close of which the employee has attained the age of 21. (B) Exception Subparagraph (A)(ii) shall not apply to employees who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and 1 or more employers, if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. (C) Coordination with other rules (i) In general In the case of employees who are eligible to participate in the arrangement or agreement solely by reason of subparagraph (A)(ii)— (I) Exclusions An employer may elect to exclude such employees from the application of subsection (b) and of subsections (a)(4), (k)(3), (k)(12), (k)(13), (k)(15)(B)(iv), (k)(15)(B)(i)(I), and (m)(2) of section 401. (II) Time of participation The rules of paragraph (4) shall apply to such employees. (ii) Top-heavy rules An employer may elect to exclude all employees who are eligible to participate in a plan maintained by the employer solely by reason of subparagraph (A)(ii) from the application of the vesting and benefit requirements under subsections (b) and (c) of section 416. (D) 12-month period For purposes of this paragraph, 12-month periods shall be determined in the same manner as under the last sentence of paragraph (3)(A), except that 12-month periods beginning before January 1, 2021, shall not be taken into account. (7) Part-time employees For purposes of determining whether an employee who is eligible to participate in a qualified cash or deferred arrangement or a salary reduction agreement under a plan solely by reason of paragraph (6)(A)(ii) has a nonforfeitable right to employer contributions— (A) except as provided in subparagraph (B), each 12-month period for which the employee has at least 500 hours of service shall be treated as a year of service, (B) section 411(a)(6) shall be applied by substituting at least 500 hours of service for more than 500 hours of service in subparagraph (A) thereof, and (C) 12-month periods occurring before the 24-month period described in paragraph (6)(A)(ii) shall not be treated as years of service. For purposes of this paragraph, 12-month periods shall be determined in the same manner as under paragraph (6)(D). . 5. Effective dates (a) Increasing spousal protection under defined contribution plans Except as provided in subsections (c) and (d), the amendments made by section 3 shall apply to distributions and rollover contributions made in plan years beginning after the date that is 1 year after the date of the enactment of this Act. (b) Ensuring coverage for long-Term part-Time workers Except as provided in subsections (c) and (d), the amendments made by section 4 shall apply to plan years beginning after December 31, 2021. (c) Collective bargaining agreements In the case of a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by sections 3 and 4 shall not apply to distributions or rollover contributions on behalf of employees covered by any such agreement for plan years beginning before the earlier of— (1) the later of— (A) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof on or after such date of the enactment); or (B) the day after the date specified in subsection (a) or (b), whichever is applicable; or (2) the date that is 3 years after the applicable day described in paragraph (1)(B). (d) Provisions relating to plan amendments (1) In general If this paragraph applies to any plan or contract amendment, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(C). (2) Amendments to which paragraph (1) applies (A) In general Paragraph (1) shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to the amendments made by section 3 or 4 or pursuant to any regulation issued under either such section; and (ii) on or before the last day of the first plan year beginning on or after the date that is 3 years after the applicable day described in subsection (c)(1)(B). In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this subparagraph shall be applied by substituting 5 years for 3 years in clause (ii). (B) Conditions Subparagraph (A) shall not apply to any amendment unless— (i) the plan or contract is operated as if such plan or contract amendment were in effect for the period described in subparagraph (C); and (ii) such plan or contract amendment applies retroactively for such period. (C) Period described The period described in this subparagraph is the period— (i) beginning on the effective date specified by the plan; and (ii) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted). 6. Access to independent consumer information and understanding (a) Definitions In this section— (1) the term consumer means any person who purchases or acquires any goods, products, services, or credit related to the retirement or later life economic security of the consumer; and (2) the term financial product or service provider means any person who engages in the business of providing any retirement financial product or service to any consumer. (b) Required link to consumer awareness information In any offer for the sale, exchange, or other transfer of a retirement financial product or service to a consumer carried out by a financial product or service provider, such provider shall provide, in a manner consistent with subsection (c), an easily accessible link to the website of the Bureau of Consumer Financial Protection (referred to in this section as the CFPB ) at which the consumer may access information, literature, guides, programs, tools, strategies, or any other resource produced by the CFPB or other Federal agency relating to retirement planning or later life economic security. (c) Determination In order to ensure that the requirement under subsection (b) is effectively carried out, the Financial Literacy and Education Commission shall determine and publish on its website the appropriate link to the CFPB’s website for access to the CFPB’s and other Federal agencies’ consumer education materials, the preferred format of such link, and any accompanying description of the CFPB and the consumer education materials associated with such link. 7. Grants to promote financial literacy for women (a) Authorization of grant awards The Secretary of Labor, acting through the Director of the Women's Bureau, shall award grants on a competitive basis to eligible entities to enable such entities to improve the financial literacy of women who are working age or in retirement, to increase the likelihood of the women realizing a secure and stable retirement. (b) Definition of eligible entity In this section, the term eligible entity means a community-based organization with proven experience and expertise in serving working-age or retired women. (c) Application An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary of Labor at such time, in such manner, and accompanied by such information as such Secretary may require. (d) Minimum grant amount The Secretary of Labor shall award grants under this section in amounts of not less than $250,000. (e) Use of funds An eligible entity that receives a grant under this section shall use the grant funds to develop and implement financial literacy education, and related activities including outreach, awareness building, and counseling to increase women's knowledge of retirement planning and consumer, economic, and personal financial concepts. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2022 and each succeeding fiscal year. 8. Grants to assist low-income women and survivors of domestic violence in obtaining qualified domestic relations orders (a) Authorization of grant awards The Secretary of Labor, acting through the Director of the Women’s Bureau and in conjunction with the Assistant Secretary of the Employee Benefits Security Administration, shall award grants, on a competitive basis, to eligible entities to enable such entities to assist low-income women and survivors of domestic violence in obtaining qualified domestic relations orders (as defined in section 206(d)(3)(B)(i) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d)(3)(B)(i) )), and ensuring that those women actually obtain the benefits to which they are entitled through those orders. (b) Definition of eligible entity In this section, the term eligible entity means a community-based organization with proven experience and expertise in serving women and the financial and retirement needs of women. (c) Application An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary of Labor at such time, in such manner, and accompanied by such information as the Secretary of Labor may require. (d) Minimum grant amount The Secretary of Labor shall award grants under this section in amounts of not less than $250,000. (e) Use of funds An eligible entity that receives a grant under this section shall use the grant funds to develop programs to offer help to low-income women or survivors of domestic violence who need assistance in preparing, obtaining, and effectuating a qualified domestic relations order. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2022 and each succeeding fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s2446is/xml/BILLS-117s2446is.xml |
117-s-2447 | II 117th CONGRESS 1st Session S. 2447 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Markey (for himself, Mr. Van Hollen , Mr. Luján , Mr. Brown , Ms. Warren , Ms. Hirono , Mr. Blumenthal , Ms. Baldwin , Mrs. Gillibrand , Ms. Klobuchar , Mr. Casey , Mr. Padilla , Mr. Booker , Mr. Reed , Mr. Durbin , Mr. Wyden , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the American Rescue Plan Act of 2021 to provide additional funding for E-rate support for emergency educational connections and devices, and for other purposes.
1. Short title This Act may be cited as the Securing Universal Communications Connectivity to Ensure Students Succeed Act or the SUCCESS Act . 2. Support for emergency educational connections and devices (a) In general Section 7402 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting (except as provided in subsection (c)(2)(B)) after during a COVID–19 emergency period ; and (2) in subsection (c)— (A) by striking paragraph (2) and inserting the following: (2) Appropriation In addition to amounts otherwise available, there is appropriated to the Emergency Connectivity Fund, out of any money in the Treasury not otherwise appropriated— (A) for fiscal year 2021— (i) $7,171,000,000, to remain available until September 30, 2030, for— (I) the provision of support under the covered regulations; and (II) the Commission to adopt, and the Commission and the Universal Service Administrative Company to administer, the covered regulations; and (ii) $1,000,000, to remain available until September 30, 2030, for the Inspector General of the Commission to conduct oversight of support provided under the covered regulations; and (B) for each of fiscal years 2022 through 2026, $8,000,000,000, to remain available until expended, for the provision of support under the covered regulations, without regard to when— (i) that support is provided; or (ii) any purchase described in subsection (a) occurs. ; and (B) in paragraph (3), by striking under paragraph (2)(A) may be used for the purposes described in clause (ii) of such paragraph and inserting under paragraph (2)(A)(i) may be used for the purposes described in subclause (II) of such paragraph . (b) Updates to regulations The Federal Communications Commission may make any updates to the regulations promulgated under section 7402(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), as in effect before the date of enactment of this Act, that may be necessary as a result of the amendments made by subsection (a) of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2447is/xml/BILLS-117s2447is.xml |
117-s-2448 | II 117th CONGRESS 1st Session S. 2448 IN THE SENATE OF THE UNITED STATES July 22, 2021 Ms. Klobuchar (for herself and Mr. Luján ) 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 provide that, under certain circumstances, an interactive computer service provider that allows for the proliferation of health misinformation through that service shall be treated as the publisher or speaker of that misinformation, and for other purposes.
1. Short title This Act may be cited as the Health Misinformation Act of 2021 . 2. Findings Congress finds the following: (1) Access to accurate and reliable information is crucial for public health and safety during a national emergency or crisis, such as the COVID–19 pandemic. (2) On January 27, 2020, the Secretary of Health and Human Services determined that a public health emergency existed under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), as a result of confirmed cases of COVID–19 in the United States. (3) As of the date of enactment of this Act, in the United States, there have been more than 34,000,000 cases of COVID–19 and more than 600,000 deaths resulting from COVID–19. (4) Since the declaration of the public health emergency described in paragraph (2), misinformation and disinformation relating to COVID–19 have spread at an alarming rate, which has— (A) hindered the public response efforts of Federal, State, local, and indigenous leaders; and (B) endangered lives. (5) The COVID–19 pandemic is the first pandemic in human history during which— (A) the internet is being used to keep individuals informed and connected; and (B) misinformation and disinformation about the disease, and about treatments and preventative measures with respect to the disease, including vaccines, have proliferated on the internet and through the use of social media. (6) Features that are built into technology platforms have contributed to the spread of misinformation and disinformation, with social media platforms incentivizing individuals to share content to get likes, comments, and other positive signals of engagement, which rewards engagement rather than accuracy. (7) Social media companies use algorithms that determine what material users see online, and those algorithms often prioritize content based on the popularity of the content, or similarity to previously seen content, which means that a user exposed to information once could see more of that kind of information over time, furthering the effects of misinformation and disinformation. (8) One study has found that as much as 65 percent of misinformation and disinformation on the internet and social media relating to the COVID–19 vaccines can be traced back to 12 individuals and another study has found that even brief exposure to misinformation relating to the COVID–19 vaccines makes individuals less likely to want to receive one of those vaccines. (9) The COVID–19 pandemic remains an ongoing threat and there is a need to ensure that social media platforms do their part in promoting accurate scientific information to users of those platforms. 3. Treatment of publisher or speaker (a) In general Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), is amended— (1) in subsection (c)(1)— (A) by striking No provider and inserting the following: (A) In general Except as provided in subparagraph (B), no provider ; and (B) by adding at the end the following: (B) Exception A provider of an interactive computer service shall be treated as the publisher or speaker of health misinformation that is created or developed through the interactive computer service during a covered period if the provider promotes that health misinformation through an algorithm used by the provider (or similar software functionality), except that this subparagraph shall not apply if that promotion occurs through a neutral mechanism, such as through the use of chronological functionality. ; and (2) in subsection (f), by adding at the end the following: (5) Covered period The term covered period means a period during which a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), including a renewal of any such declaration, is in effect. . (b) Guidance Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the heads of other relevant Federal agencies and outside experts determined appropriate by the Secretary, shall issue guidance regarding what constitutes health misinformation for the purposes of subparagraph (B) of section 230(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(1) ), as added by subsection (a) of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2448is/xml/BILLS-117s2448is.xml |
117-s-2449 | II 117th CONGRESS 1st Session S. 2449 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Graham (for himself, Mr. Cornyn , Mr. Tillis , Mr. Hawley , Mr. Cruz , Mr. Crapo , Mr. Risch , Mrs. Blackburn , Mr. Rubio , Mr. Tuberville , Mr. Cassidy , Mrs. Capito , Mr. Inhofe , Mr. Braun , Mr. Cotton , Mr. Grassley , Mrs. Hyde-Smith , Mr. Cramer , Mr. Boozman , Mr. Daines , and Ms. Murkowski ) 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 enhance penalties for theft of a firearm from a Federal firearms licensee.
1. Short title This Act may be cited as the Federal Firearms Licensee Protection Act of 2021 . 2. Amendments to enhance certain penalties Section 924 of title 18, United States Code, is amended— (1) by striking subsection (i) and inserting the following: (i) (1) (A) A person who knowingly violates section 922(u), or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both. (B) In the case of a violation described in subparagraph (A) that occurs during the commission of— (i) a burglary, the term of imprisonment shall be not less than 3 years; or (ii) a robbery, the term of imprisonment shall be not less than 5 years. (2) In this subsection— (A) the term burglary means the unlawful entry into, or remaining in, the business premises of a licensed importer, licensed manufacturer, or licensed dealer with the intent to commit a crime; and (B) the term robbery has the meaning given the term in section 1951(b). ; and (2) in subsection (m), by inserting or attempts to do so, after or licensed collector, . | https://www.govinfo.gov/content/pkg/BILLS-117s2449is/xml/BILLS-117s2449is.xml |
117-s-2450 | II 117th CONGRESS 1st Session S. 2450 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mrs. Blackburn (for herself and Mr. Hickenlooper ) 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 establish a rural health center innovation awards program and a rural health department enhancement program, and for other purposes.
1. Short title This Act may be cited as the Rural Health Innovation Act of 2021 . 2. Rural health center innovation awards program Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following: 330O. Rural health center innovation awards program (a) Definitions In this section: (1) Eligible entity The term eligible entity means an entity that— (A) is a Federally qualified health center; (B) is a rural health clinic; or (C) agrees (as a condition of receiving a grant under this section) to establish such a center or clinic, including a hospital that agrees (as such a condition) to convert to a Federally qualified health center or rural health clinic. (2) Federally qualified health center The term Federally qualified health center has the meaning given such term in section 1861(aa) of the Social Security Act. (3) Rural area The term rural area means any area that is rural, within the meaning of such term as used by the Office of Rural Health Policy of the Health Resources and Services Administration for purposes of determining eligibility for grants or services, including any area that is rural within such meaning as used by such Office for fiscal year 2021 or any area that is rural within such meaning as amended for a subsequent fiscal year. (4) Rural health clinic The term rural health clinic has the meaning given such term in section 1861(aa) of the Social Security Act. (b) Establishment (1) In general The Secretary, acting through the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, shall establish a grant program to be known as the Rural Health Center Innovation Awards program to award grants to eligible entities that submit an application in accordance with subsection (c) to enable such entities to establish or maintain a Federally qualified health center or rural health clinic that— (A) serves individuals in a rural area as a walk-in urgent care center and as a triage center or staging facility for necessary air or ambulance transport to an emergency department; and (B) includes— (i) professional clinical staff, including physicians, physician interns, residents, nurse practitioners, physician assistants, nurse midwives, or other health care providers providing walk-in urgent care and emergency triage; and (ii) resources, including laboratories, x-ray machines, and cardiac monitors. (2) Permissible uses of funds The funds of a grant awarded under this section may be used to— (A) expand the hours of operation of a Federally qualified health center or rural health clinic; (B) pay for the costs of construction and renovation of a Federally qualified health center or rural health clinic; or (C) carry out any other activity for the purposes described in paragraph (1). (c) Applications and selection (1) In general An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Start up centers and clinics An application submitted under paragraph (1) by an eligible entity that is not a Federally qualified health center, or a rural health clinic, on the date on which the entity submits the application under paragraph (1) shall include in such application a demonstration of the costs of the equipment and staffing needed to establish the center or clinic. (3) Consideration of overlap In the case an eligible entity submits an application under paragraph (1) that proposes to serve an area that is served by another eligible entity through a grant under this section, the Secretary may consider whether an award to the eligible entity serving such same area can be justified based on the unmet need for additional services in such area. (4) Priority In selecting recipients of grants under this section, the Secretary shall give priority to an eligible entity that is operating as a Federally qualified health center, or a rural health clinic, on the date on which the entity submits the application under paragraph (1). (d) Grant period and amounts (1) Period Each grant awarded under this section shall be for a period of 5 years. (2) Amount (A) In general A grant awarded under this section to an eligible entity shall not exceed— (i) for the first year of the grant— (I) $500,000 if the entity is a Federally qualified health center, or a rural health clinic, on the date on which the award is made; and (II) $750,000 if the entity is using the grant to establish a Federally qualified health center or a rural health clinic; and (ii) for each of the second through fifth years of the grant, $500,000. (B) Considerations In determining the amount of a grant under this section for an eligible entity for each year after the first year in which the grant is awarded, the Secretary shall, subject to subparagraph (A)(ii), consider the number of patients treated, and the type of treatment provided, by the entity in the prior year. (e) Reporting (1) In general Not later than 3 years after the date of enactment of this section, the Secretary shall report to the committees described in paragraph (2) on the grant program under this section, including— (A) an assessment of the success of the program, challenges with respect to the program, and any action for regulatory flexibility or legislative authority needed to improve the program; (B) any savings to Federal health care programs; (C) any increase in access to care; and (D) any increase in utilization of health services in rural areas. (2) Committees The committees described in this paragraph are— (A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Finance, of the Senate; and (B) the Committee on Energy and Commerce, and the Committee on Ways and Means, of the House of Representatives. (f) Rule of construction No entity receiving a grant under this section shall lose status as a Federally qualified health center, or a rural health clinic, on account of carrying out any activities under this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. . 3. Rural health department enhancement program Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ), as amended by section 2, is further amended by adding at the end the following: 330P. Rural health department enhancement program (a) Definitions In this section: (1) Rural area The term rural area has the meaning given the term in section 330O(a). (2) Rural health department The term rural health department means a local public health department that is located in a rural area. (b) Establishment The Secretary, acting through the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, shall award grants, on a competitive basis, to rural health departments that submit an application in accordance with subsection (c) to enhance such departments and enable them to provide individuals in rural areas with emergency services, triage and transport to emergency departments, primary care services, and other services similar to services provided by emergency departments. (c) Applications A rural health department seeking 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 reasonably require, including— (1) an indication of the estimated cost of the equipment and staffing needed by the department for the first year of the award to set up the activities and services under this section; (2) a demonstration that the department has, on the date on which the application is submitted, a facility operating that is located in a rural area; and (3) a demonstration that, on the date on which the application is submitted, the department— (A) has a nursing staff and medical equipment; and (B) agrees to use such staff and equipment towards providing the services and carrying out the activities under this section. (d) Grants (1) Annual awards The funds awarded through a grant under this section to a rural health department shall be awarded on an annual basis for each of 5 years. (2) Maximum amounts The funds awarded through a grant under this section to a rural health department shall be in an amount that for a year does not exceed $500,000. (3) Considerations The Secretary shall determine the amount awarded to a rural health department through a grant under this section for a year in accordance with the following: (A) For the first year of the award, the amount shall be based on the amount the rural health department estimates for the cost of equipment and staffing needed to set up the activities and services supported under this section, as specified in the application under subsection (c). (B) For the second through fifth years of the award, the amount shall be based on the number of patients treated, and the type of treatment provided, by the department in the prior year. (e) Use of funds (1) In general A rural health department receiving a grant under this section shall use the funds awarded through the grant to provide the services and carry out the activities described in subsection (b) at a facility that is located in a rural area, including by— (A) obtaining additional medical equipment and resources necessary for providing the services and activities described in subsection (b), such as laboratories, x-ray machines, and cardiac monitors; (B) hiring additional providers to provide the services and carry out the activities described in subsection (b), such as physician interns, residents, nurse practitioners, physician assistants, and nurse midwives, which hiring may be through a partnership described in paragraph (2)(A); and (C) providing outreach to the community regarding the services and activities of the rural health department as supported under this section. (2) Limitations (A) Partnerships Not more than 3 percent of the funds awarded through a grant under this section for a year may be used towards the rural health department entering into a partnership with an academic medical center to assist with the hiring described in paragraph (1)(B). (B) Community outreach For each of the first 2 years of a grant awarded under this section, not more than 3 percent of the funds may be used by the rural health department receiving the grant for the outreach described in paragraph (1)(C). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2450is/xml/BILLS-117s2450is.xml |
117-s-2451 | II 117th CONGRESS 1st Session S. 2451 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Young (for himself, Ms. Duckworth , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Small Business Investment Act of 1958 to increase the amount that certain banks and savings associations may invest in small business investment companies, subject to the approval of the appropriate Federal banking agency, and for other purposes.
1. Short title This Act may be cited as the Investing in Main Street Act of 2021 . 2. Investment in small business investment companies Section 302(b) of the Small Business Investment Act of 1958 ( 15 U.S.C. 682(b) ) is amended— (1) in paragraph (1), by inserting before the period at the end the following: or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus ; (2) in paragraph (2), by inserting before the period at the end the following: or, subject to the approval of the appropriate Federal banking agency, 15 percent of such capital and surplus ; and (3) by adding at the end the following: (3) Appropriate Federal banking agency defined In this subsection, the term appropriate Federal banking agency has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s2451is/xml/BILLS-117s2451is.xml |
117-s-2452 | II 117th CONGRESS 1st Session S. 2452 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Wyden (for himself, Mr. Bennet , Mr. Casey , Mr. Durbin , Ms. Klobuchar , Mr. Menendez , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide matching payments for retirement savings contributions by certain individuals, and for other purposes.
1. Short title This Act may be cited as the Encouraging Americans to Save Act . 2. Saver's matching credit for elective deferral and IRA contributions by certain individuals (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals (a) In general (1) Allowance of credit Any eligible individual who makes qualified retirement savings contributions for the taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified retirement savings contributions made by such eligible individual for the taxable year as does not exceed $2,000. (2) Payment of credit The credit under this section shall be paid by the Secretary as a contribution (as soon as practicable after the eligible individual has filed a tax return for the taxable year) to the applicable retirement savings vehicle of an eligible individual. (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under subsection (g)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Exception; minimum credit In the case of an eligible individual with respect to whom (without regard to this paragraph) the credit determined under subsection (a)(1) is greater than zero but less than $100, the credit allowed under this section shall be $100. (c) Eligible individual For purposes of this section— (1) In general Except as provided in paragraph (2), the term eligible individual means any individual if such individual has attained the age of 18 as of the close of the taxable year. (2) Dependents not eligible The term eligible individual shall not include any individual with respect to whom a deduction under section 151 is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (d) Qualified retirement savings contributions For purposes of this section— (1) In general The term qualified retirement savings contributions means, with respect to any taxable year, the sum of— (A) the amount of the qualified retirement contributions (as defined in section 219(e)) made by the eligible individual, (B) the amount of— (i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and (ii) any elective deferral of compensation by such individual under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), (C) the amount of voluntary employee contributions by such individual to any qualified retirement plan (as defined in section 4974(c)), and (D) the amount of contributions by such individual to a qualified ABLE program (as defined in section 529A(b)) for the benefit of the individual. Such term shall not include any amount attributable to a payment under subsection (a). (2) Reduction for certain distributions (A) In general The qualified retirement savings contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) may be made. (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period beginning on the day after the last day of such taxable year and ending with the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions There shall not be taken into account under subparagraph (A)— (i) any distribution referred to in section 72(p), 401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4), (ii) any distribution to which section 408(d)(3) or 408A(d)(3) applies, (iii) any distribution to which the rules described in the second sentence of section 529A(b)(2) apply, and (iv) any portion of a distribution if such portion is transferred or paid in a rollover contribution (as defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16)) to an account or plan to which qualified retirement savings contributions can be made. (D) Treatment of distributions received by spouse of individual For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) Applicable retirement savings vehicle (1) In general The term applicable retirement savings vehicle means— (A) an account or plan elected by the eligible individual under paragraph (2), (B) in the case of qualified retirement savings contributions described in subsection (d)(1)(D), the qualified ABLE program (as defined in section 529A(b)) to which such contributions were made, or (C) if no such election is made or the Secretary is not able to make a contribution into such account or plan, an account established for the benefit of the eligible individual under the R-Bond Program. For purposes of subparagraph (C), if no account has previously been established for the benefit of the individual under the R-Bond Program, the Secretary shall establish such an account for such individual for purposes of receiving contributions under this section. (2) Other retirement vehicles An eligible individual may elect, in such form and manner as the Secretary may provide, to have the amount of the credit determined under subsection (a) contributed to an account or plan which— (A) is a Roth IRA or a designated Roth account (within the meaning of section 402A) of an applicable retirement plan (as defined in section 402A(e)(1)), (B) is for the benefit of the eligible individual, and (C) accepts contributions made under this section. In the case of a plan of which a qualified trust under section 401(a) is a part, an annuity contract described in section 403(b), or a plan described in section 457(b) which is established and maintained by an employer described in section 457(e)(1)(A), the plan shall have discretion whether to accept contributions made under this section, but if the plan accepts any such contributions it shall accept them on a uniform basis. (f) Other definitions and special rules (1) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 911, 931, and 933, and (B) determined without regard to any exclusion or deduction allowed for any qualified retirement savings contribution made during the taxable year. (2) Treatment of contributions In the case of any contribution under subsection (a)(2)— (A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— (i) an elective deferral made by the individual which is a designated Roth contribution, if contributed to an applicable retirement plan, or (ii) a Roth IRA contribution made by such individual, if contributed to a Roth IRA, (B) such contribution shall not be treated as income to the taxpayer, and (C) such contribution shall not be taken into account with respect to any applicable limitation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), 410(b), and 416. (3) Treatment of qualified plans, etc A plan or arrangement to which a contribution is made under this section shall not be treated as violating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribution. (4) Erroneous credits If any contribution is erroneously paid under subsection (a)(2), the amount of such erroneous payment shall be treated as an underpayment of tax. (g) Inflation adjustments (1) In general In the case of any taxable year beginning in a calendar year after 2023, each of the dollar amounts in subsections (a)(1) and (b)(3)(A)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding Any increase determined under paragraph (1) shall be rounded to the nearest multiple of— (A) $100 in the case of an adjustment of the amount in subsection (a)(1), and (B) $1,000 in the case of an adjustment of the amount in subsection (b)(3)(A)(i). . (b) Payment authority Section 1324(b)(2) of title 31, United States Code, is amended by striking or 6431 and inserting 6431, or 6433 . (c) Deficiencies Section 6211(b)(4) is amended by striking and 6431 and inserting 6431, and 6433 . (d) Reporting The Secretary of Labor, the Secretary of the Treasury, and the Director of the Pension Benefit Guaranty Corporation shall— (1) amend Form 5500 to require separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433(a)(2) of the Internal Revenue Code of 1986 (as added by this section), and (2) amend Form 5498 to require similar reporting with respect to individual retirement plans (as defined in section 7701(a)(37) of such Code). (e) Conforming amendments (1) Section 25B of the Internal Revenue Code of 1986 is amended by striking subsections (a) through (f) and inserting the following: For payment of credit related to qualified retirement savings contributions, see section 6433. . (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Saver's matching credit for elective deferral and IRA contributions by certain individuals. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. (g) Coronavirus recovery bonus credit (1) In general In the case of taxable years beginning after December 31, 2022, and before January 1, 2028, the amount of the credit determined under section 6433 of the Internal Revenue Code of 1986, as added by this section, shall be increased by an amount equal to 50 percent of so much of the qualified retirement savings contributions made by an eligible individual for the taxable year as does not exceed— (A) $10,000, reduced by (B) the aggregate amount of qualified retirement savings contributions made by the eligible individual in all preceding taxable years which begin after December 31, 2022. (2) Phaseout The $10,000 amount under paragraph (1)(A) shall be reduced (but not below zero) by a percentage which bears the same ratio to 50 percent as— (A) the excess of— (i) the taxpayer’s modified adjusted gross income for the taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Definitions For purposes of this subsection, the terms qualified retirement savings contributions , eligible individual , applicable dollar amount , and phaseout range have the meanings given such terms by subsections (d), (c), and (b), respectively, of section 6433 of such Code, as so added. 3. Establishment of R-Bond Program (a) In general The Secretary of the Treasury shall, not later than January 31, 2023, establish a permanent program, to be known as the R-Bond Program , which meets the requirements of this section to establish and maintain individual retirement plans on behalf of individuals. (b) Program specifications (1) In general (A) IRA s The R-Bond Program established under this section shall— (i) permit the establishment of individual retirement plans on behalf of an individual, whether a traditional IRA or a Roth IRA or both, as appropriate; (ii) require the assets of each individual retirement plan established under the program to be held by the designated IRA trustee; (iii) permit contributions to be made periodically to such individual retirement plans, including contributions paid under section 6433(a)(2) of the Internal Revenue Code of 1986, contributions made by direct deposit or other electronic means, including taxpayer-directed direct deposit of Federal income tax refunds by the Department of the Treasury, and by methods that provide access for the unbanked; (iv) permit distributions and rollovers from such individual retirement plans upon request of the account owner; (v) include procedures to consolidate multiple accounts established for the same individual in order that each individual, to the extent practicable, has only one Roth IRA and only one traditional IRA under the program; and (vi) ensure that such individual retirement plans are invested solely in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program. (B) Regulations, etc The Secretary of the Treasury shall have authority to promulgate such regulations, rules, and other guidance as are necessary to implement the R-Bond Program, and are consistent with this section, as well as coordination rules permitting individual retirement plans to be established under the R-Bond Program by taxpayer election on the return of tax, and in connection with and in support of programs established under State and local laws that enroll residents in individual retirement plans. (2) No fees No fees shall be assessed on participants in the R-Bond Program. (3) Limitations (A) Contribution minimum The Secretary of the Treasury may establish minimum amounts for initial and additional contributions to an individual retirement plan under the R-Bond Program, not to exceed $5. (B) Limitation of rollover contributions and transfers No rollover contribution or transfer shall be accepted to an individual retirement plan under the R-Bond Program except to the extent necessary to consolidate accounts as provided in paragraph (1)(v). (4) Designated IRA trustee For purposes of this section, the designated IRA trustee is the Department of the Treasury or such other person as the Secretary of the Treasury may designate to act as trustee of the individual retirement plans established under the R-Bond Program. (5) Disclosures The designated IRA trustee shall provide in writing, in paper form mailed to the last known address of the individual unless the individual affirmatively elects to receive electronic statements— (A) annual account balance statements to individuals on behalf of whom individual retirement plans are established under the R-Bond Program, which shall include— (i) an explanation that— (I) program account balances are solely invested in retirement savings bonds issued by the Department of the Treasury for the purpose of the R-Bond Program; (II) diversified investment opportunities which are not guaranteed by the Federal government are available for individual retirement plans established by other providers; (III) no fees are charged under the R-Bond Program; and (IV) the individual has the right to roll over or transfer an account balance without penalty; (ii) an illustration of the potential impacts that higher yields may have on long-term accumulation; and (iii) information on the types of fees that other providers may charge for the establishment of individual retirement plans, and the impact of fees on long-term accumulation; and (B) if the account balance of the individual retirement plan exceeds $15,000 and the individual has not previously so affirmed, a request that the individual affirm (including instructions for making such affirmation) to the designated IRA trustee that the individual does not want to roll over such account balance to another plan (according to the rules relating to rollovers and transfers of individual retirement plans under the Internal Revenue Code of 1986). (c) Retirement savings bonds For purposes of this section— (1) In general The term retirement savings bond means an interest-bearing electronic United States savings bond issued to the designated IRA trustee which is available only to participants in the R-Bond Program. (2) Interest rate Bonds issued under the R-Bond Program shall earn interest at a rate equal to the greater of (determined on the issue date of the bond)— (A) the rate earned by the Government Securities Investment Fund established under section 8438(b)(1) of title 5, United States Code, or (B) the rate earned by a Series I United States savings bond. (3) Reissue in case of change in trustee If a successor designated IRA trustee is designated under subsection (b)(4), the retirement savings bonds issued to the predecessor designated IRA trustee shall be reissued to such successor. (d) Definitions For purposes of this section— (1) Individual retirement plan The term individual retirement plan has the meaning given such term by section 7701(a)(37) of the Internal Revenue Code of 1986. (2) Traditional IRA The term traditional IRA means an individual retirement plan which is not a Roth IRA. (3) Roth IRA The term Roth IRA has the meaning given such term by section 408A(b) of such Code. (4) Secretary Any reference to the Secretary of the Treasury includes a reference to such Secretary's delegate. 4. Promotion and guidance (a) Promotion The Secretary of the Treasury (or the Secretary's delegate) shall educate taxpayers on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act. (b) Notice Not later than 1 year after the date of the enactment of this Act— (1) Plan administrators The Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to plan administrators regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for participants and beneficiaries which is to be required to be included in plan disclosures including summary plan descriptions, open enrollment materials, and annual notices otherwise provided by plans. Such guidance— (A) shall include model notice language in both English and Spanish that is deemed to satisfy the notice requirement of the preceding sentence, and (B) in the case of annual enrollment materials for a plan, shall specify that such notice may be given at the same time as any elective deferral or matching contribution safe harbor notice would be required to be given (even if the plan does not incorporate such a safe harbor) and may be incorporated into such safe harbor notice. (2) Trustees and issuers of IRAs The Secretary of the Treasury (or the Secretary's delegate) and the Secretary of Labor, as appropriate, shall issue guidance to trustees and issuers of individual retirement plans regarding information on the benefits provided under section 6433 of the Internal Revenue Code of 1986 and the R-Bond Program established under section 3 of this Act for potentially eligible individuals which is to be required to be included in individual retirement plan disclosures. (3) Payment of credits Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall promulgate guidance setting forth procedures that permit the direct payment of credits under section 6433 to an employer-sponsored plan in which the taxpayer is a participant and that elects to receive such credits, including rules regarding notice to taxpayers and a plan of a payment of such credit and notice from a plan to a taxpayer and the Secretary confirming receipt of a payment. 5. Deadline to fund IRA with tax refund (a) In general Paragraph (3) of section 219(f) of the Internal Revenue Code of 1986 is amended— (1) by striking is made not later than and inserting “is made— (i) not later than , (2) by striking the period at the end and inserting , or , and (3) by adding at the end the following new clause: (ii) by direct deposit by the Secretary pursuant to an election on the return for such taxable year to contribute all or a portion of any amount owed to the taxpayer to an individual retirement plan of the taxpayer, but only if the return is filed not later than the date described in clause (i). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2452is/xml/BILLS-117s2452is.xml |
117-s-2453 | II 117th CONGRESS 1st Session S. 2453 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Inhofe (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To promote the launch of aviation’s next era.
1. Short title; table of contents; definition of Administrator (a) Short title This Act may be cited as the Promoting the Launch of Aviation’s Next Era Act of 2021 or the PLANE Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; definition of Administrator. TITLE I—Fairness for pilots Sec. 101. Expansion of Pilot's Bill of Rights. Sec. 102. Enhancing protections for the aviation community. Sec. 103. Limitations on reexamination of certificate holders. Sec. 104. Aviation rulemaking and exemption petition due process. Sec. 105. Timely resolution of investigations. TITLE II—Forward Looking Investment in General Aviation, Hangars, and Tarmacs (FLIGHT Act) Sec. 201. Establishment of public private-partnership program at general aviation airports. Sec. 202. General aviation airport entitlement reform. Sec. 203. Disaster relief airports. Sec. 204. Airport development relating to disaster relief. Sec. 205. Funding for projects as disaster relief airports. Sec. 206. Revision of automated weather observing systems (AWOS) policy. TITLE III—Securing and Revitalizing Aviation (SARA Act) Sec. 301. Limitation of liability for certain individuals designated as representatives of the Federal Aviation Administration. TITLE IV—Air traffic controller reforms Sec. 401. Federal Aviation Administration Academy. Sec. 402. Practical experience for air traffic controllers. TITLE V—Aviation fuel taxes Sec. 501. Treatment of fuel for use in aviation. TITLE VI—Voluntary surrender of repair station certificate Sec. 601. Revision of certain regulations relating to repair station certificates. (c) Definition of Administrator In this Act, the term Administrator means the Administrator of the Federal Aviation Administration. I Fairness for pilots 101. Expansion of Pilot's Bill of Rights (a) Appeals of suspended and revoked airman certificates Section 2(d)(1) of the Pilot's Bill of Rights ( Public Law 112–153 ; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended by striking or imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title and inserting suspending or revoking an airman certificate under section 44709(d) of such title, or imposing an emergency order of revocation under subsections (d) and (e) of section 44709 of such title . (b) De novo review by district court; burden of proof Section 2(e) of the Pilot’s Bill of Rights ( Public Law 112–153 ; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended— (1) by amending paragraph (1) to read as follows: (1) In general In an appeal filed under subsection (d) in a United States district court with respect to a denial, suspension, or revocation of an airman certificate by the Administrator— (A) the district court shall review the denial, suspension, or revocation de novo, including by— (i) conducting a full independent formal examination of evidence before a judge, and jury as may be applicable, including a review of the complete administrative record of the denial, suspension, or revocation; (ii) permitting additional discovery and the taking of additional evidence; and (iii) making the findings of fact and conclusions of law required by Rule 52 of the Federal Rules of Civil Procedure without being bound to any findings of fact of the Administrator or the National Transportation Safety Board. ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) Burden of proof In an appeal filed under subsection (d) in a United States district court after an exhaustion of administrative remedies, the burden of proof shall be as follows: (A) In an appeal of the denial of an application for the issuance or renewal of an airman certificate under section 44703 of title 49, United States Code, the burden of proof shall be upon the applicant denied an airman certificate by the Administrator. (B) In an appeal of an order issued by the Administrator under section 44709 of title 49, United States Code, the burden of proof shall be upon the Administrator. ; and (4) by adding at the end the following: (4) Applicability of administrative procedure act Notwithstanding paragraph (1)(A) of this subsection or subsection (a)(1) of section 554 of title 5, United States Code, section 554 of such title shall apply to adjudications of the Administrator and the National Transportation Safety Board to the same extent as that section applied to such adjudications before the date of enactment of the Promoting the Launch of Aviation’s Next Era Act of 2021 . . 102. Enhancing protections for the aviation community (a) NTSB review of application for airman certificate Section 44703(d) of title 49, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1), the following new paragraph: (3) (A) In the case of an application for the issuance of an airman medical certificate, the National Transportation Safety Board may review a denial that may not be considered a final denial by the Administrator when the Administrator has twice reconsidered the application and sustained a previous denial on that application. (B) The Administrator’s failure to rule upon a request for reconsideration of the denial of issuance of an airman medical certificate within 60 days of the date on which the application to reconsider is submitted to the Administrator shall be deemed to be a denial of the application. . (b) Voluntary surrender of an airman medical certificate Section 44703 of title 49, United States Code, is amended by adding at the end the following new subsection: (l) Voluntary surrender of an airman medical certificate An airman may voluntarily surrender an airman medical certificate issued under this section for cancellation at any time, unless the certificate has been suspended or revoked by a Federal Aviation Administration order of suspension or revocation at the time of the voluntary surrender. . (c) Appeals Section 44703(d)(1) of title 49, United States Code, is amended by striking holds a certificate that and all that follows through the period and inserting holds a certificate that is suspended at the time of denial. . (d) Reapplications Section 44709 of title 49, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e), the following new subsection: (f) Reapplications Except as provided in section 44710, any person whose certificate has been revoked by an order of the Administrator may reapply for a certificate at any time following the revocation. . (e) Appeal of suspension or termination of delegation Section 44702(d) of title 49, United States Code, is amended by adding at the end the following: Subsections (d), (e), and (f) of section 44709 shall apply to a rescission of a delegation under this subsection in the same manner as those subsections apply to an order of the Administrator under that section. . 103. Limitations on reexamination of certificate holders (a) In general Section 44709(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking reexamine and inserting , except as provided in paragraphs (2) and (3), reexamine ; and (2) by adding at the end the following: (3) Limitation on the reexamination of airman certificates The Administrator may not reexamine an airman holding a certificate issued under section 44703 of this title if the reexamination is ordered as a result of an event involving the fault of the Federal Aviation Administration or its designee, unless the Administrator has reasonable grounds— (A) to establish that the airman may not be qualified to exercise the privileges of a certificate or rating issued to the airman by the Federal Aviation Administration or its designee, based upon an act or omission committed by the airman while exercising those privileges, after the issuance of the certificate or rating; or (B) to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was substantially and demonstrably inadequate to establish the airman’s qualifications. . (b) Amendment, modification, suspension, or revocation of airman certificates after reexamination Section 44709(b) of title 49, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (3) in the matter preceding subparagraph (A), as redesignated, by striking The Administrator and inserting the following: (1) In general Except as provided in paragraph (2), the Administrator ; and (4) by adding at the end the following: (2) Amendments, modifications, suspensions, and revocations of airman certificates after reexamination (A) In general The Administrator may not issue an order to amend, modify, suspend, or revoke an airman certificate issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the Administrator determines that the airman— (i) lacks the technical skills and competency, or care, judgment, and responsibility, necessary to hold and safely exercise the privileges of the certificate; or (ii) materially contributed to the issuance of the certificate by fraudulent means. (B) Standard of review Any order of the Administrator under this paragraph shall be subject to the standard of review provided for under section 2 of the Pilot’s Bill of Rights ( 49 U.S.C. 44703 note). . (c) Conforming amendments Section 44709(d)(1) of title 49, United States Code, is amended— (1) in subparagraph (A), by striking subsection (b)(1)(A) and inserting subsection (b)(1)(A)(i) ; and (2) in subparagraph (B), by striking subsection (b)(1)(B) and inserting subsection (b)(1)(A)(ii) . 104. Aviation rulemaking and exemption petition due process (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a final rule that amends. as appropriate, sections 11.61 through 11.103 of title 14, Code of Federal Regulations (Petitions for Rulemaking and for Exemption) to do the following: (1) Add the following decision factors to the decision factors the Federal Aviation Administration considers pursuant to subsection (a) of section 11.73 of such title 14 when deciding whether to act on a petition for rulemaking: (A) The number of certificate holders directly affected by the proposed rulemaking. (B) The impact of the proposed rulemaking on small businesses. (C) The number of organizations requesting the proposed rulemaking. (2) Require the designation of an employee of the Federal Aviation Administration to manage each petition filed. (3) Require notification of the following to each petitioner within 30 days of receipt of a petition for rulemaking properly submitted pursuant to such section 11.71, a petition for exemption properly submitted pursuant to section 11.81 of such title 14, or a petition for reconsideration submitted pursuant to section 11.101 of such title 14: (A) The name and contact information for the employee of the Federal Aviation Administration designated pursuant to the requirement under paragraph (2). (B) How the Federal Aviation Administration will dispose of the petition. (C) If the Federal Aviation Administration determines that the petition justifies Administration action, a timeline for such action. (D) If the Federal Aviation Administration determines that the petition does not justify Administration action, the basis for that decision with specific reference to the decision factors under subsection (a) of such section 11.71 for petitions for rulemaking, under such section 11.81 for petitions for exemption, or under such section 11.101 for petitions for reconsideration, as applicable. (b) Report to congress Not later than September 30, 2022, and each subsequent year thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that details the following with respect to the prior calendar year: (1) The number of petitions for rulemaking submitted pursuant to sections 11.63 and 11.71 of such title 14. (2) For each such petition for rulemaking— (A) the regulations impacted or relevant to the petition; and (B) the nature, disposition, and status of each petition. (3) The number of petitions for exemption submitted pursuant to such 11.81. (4) For each such petition for exemption— (A) the regulation from which exemption is sought; and (B) the disposition and status of each petition. (5) The number of petitions for reconsideration submitted pursuant to section 11.101. (6) For each such petition for reconsideration— (A) the regulation from which reconsideration is sought; and (B) the disposition and status of each petition. 105. Timely resolution of investigations Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a final rule to amend, as appropriate— (1) subpart A of part 13 of title 14, Code of Federal Regulations, to require the completion of an investigation and a decision by the Administrator on whether to initiate a subsequent action within 2 years from the date upon which a complaint is first filed pursuant to section 13.5 of such title 14; and (2) subpart F of such part 13 to require the completion of an investigation and a decision by the Administrator on whether to initiate a subsequent action within 2 years of the issuance of an order of investigation pursuant to section 13.103 of such title 14. II Forward Looking Investment in General Aviation, Hangars, and Tarmacs (FLIGHT Act) 201. Establishment of public private-partnership program at general aviation airports (a) In general Chapter 481 of title 49, United States Code, is amended by adding at the end the following: 48115. General aviation public-private partnership program (a) Small airport public-Private partnership program The Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at— (1) general aviation airports; and (2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service. (b) Application required The operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a) shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities; (2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and (3) if the application is submitted by a community, evidence that the airport supports the application. (c) Limitation (1) State limit Not more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a). (2) Dollar amount limit Not more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a). (d) Priorities In selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which— (1) the operator or sponsor of the airport, or the community in which the airport is located— (A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources; (B) will employ best business practices in developing or implementing a public-private partnership; or (C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or (2) the assistance will be used in a timely fashion. (e) Types of assistance The Secretary may use amounts made available under this section— (1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport; (2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or (3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2). (f) Authority To make agreements The Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section. (g) Availability of amounts from Airport and Airway Trust Fund (1) In general There is authorized to be appropriated, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986, $5,000,000 for each of the fiscal years 2022 through 2027 to carry out this section. Amounts appropriated pursuant to this paragraph shall remain available until expended. (2) Availability Amounts appropriated pursuant to paragraph (1)— (A) shall remain available until expended; and (B) shall be in addition to any amounts made available pursuant to section 48103. . (b) Clerical amendment The table of contents for chapter 481 of such title is amended by adding at the end the following: 48115. General aviation public-private partnership program. . (c) Expenditure authority from Airport and Airway Trust Fund Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting or section 47143 of title 49, United States Code before the semicolon at the end. 202. General aviation airport entitlement reform (a) United States share of project costs Section 47109 of title 49, United States Code, is amended by adding at the end the following: (g) General aviation airports The Government’s share of allowable project costs may be increased by the Administrator of the Federal Aviation Administration to 95 percent for a project— (1) at an airport that is not a primary airport if the Administrator determines that the project will increase safety or security at that airport; or (2) at an airport that is categorized as a basic or unclassified airport in the report of the Federal Aviation Administration entitled General Aviation Airports: A National Asset and dated May 2012. . (b) Use of apportioned amounts Section 47117(e)(1) of title 49, United States Code, is amended by adding at the end the following: (D) All amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(d), for grants to sponsors of general aviation airports, reliever airports, or nonprimary commercial service airports. . 203. Disaster relief airports (a) Designation of disaster relief airports (1) In general Subchapter I of Chapter 471 is amended by inserting after section 47131 the following: 47132. Disaster relief airports (a) Designation (1) In general The Secretary of Transportation (in this section referred to as the Secretary ) shall designate as a disaster relief airport an airport that— (A) is categorized as a regional reliever airport in the report issued by the Federal Aviation Administration entitled National Plan of Integrated Airport Systems (NPIAS) 2017–2021 ; (B) is within a reasonable distance, as determined by the Secretary, of a hospital or transplant or trauma center; (C) is in a region that the Secretary determines under subsection (b) is prone to natural disasters; (D) has at least one paved runway with not less than 3,400 feet of useable length capable of supporting aircraft up to 12,500 pounds; (E) has aircraft maintenance or servicing facilities at the airport able to provide aircraft fueling and light maintenance services; and (F) has adequate taxiway and ramp space to accommodate single engine or light multi-engine aircraft simultaneously for loading and unloading of supplies. (2) Designation in States without qualifying airports If fewer than 3 airports described in paragraph (1) are located in a State, the Secretary, in consultation with aviation officials of that State, shall designate not more than 3 general aviation airports in that State as a disaster relief airport under this section. (b) Prone to natural disasters (1) In general For the purposes of subsection (a)(1)(C), a region is prone to natural disasters if— (A) in the case of earthquakes, there is not less than a 50 percent probability that an earthquake of magnitude 6 or above will occur in the region within 30 years, according to the United States Geological Survey; and (B) in the case of other types of natural disasters, the President has declared more than 5 major disasters in the region under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), according to the most recent map of the Federal Emergency Management Agency. (2) Natural disaster defined For the purposes of this section, the term natural disaster includes a hurricane, tornado, severe storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, or wildfire. (c) Requirements (1) Operation and maintenance (A) In general A disaster relief airport and the facilities and fixed-based operators on or connected with the airport shall be operated and maintained in a manner the Secretary considers suitable for disaster relief. (B) Exclusion A disaster relief airport shall not be considered to be in violation of subparagraph (A) if a runway is unusable because the runway is under scheduled maintenance or is in need of necessary repairs. (2) Compliance with assurances on airport operations A disaster relief airport shall comply with the provisions of section 47107 as if the airport has received a project grant under this subchapter. (3) Natural disaster management plan A disaster relief airport shall develop an emergency natural disaster management plan in coordination with local emergency response teams and first responders. (d) Civil penalty A public agency that knowingly violates this section shall be liable to the United States Government for a civil penalty of not more than $10,000 for each day of the violation. (e) Consideration for project grants The Secretary shall give consideration to the role an airport plays in disaster relief when determining whether to provide a grant for the airport under this subchapter. (f) Applicability of other laws This section shall apply notwithstanding any other law, rule, regulation, or agreement. . (b) Clerical amendment The table of contents for chapter 471 of such title is amended by inserting after the item relating to section 47131 the following: 47132. Disaster relief airports. . 204. Airport development relating to disaster relief Section 47102(3) of title 49, United States Code, is amended by adding at the end the following: (S) planning, acquiring, or constructing at an airport designated as a disaster relief airport under section 47132, including— (i) planning for disaster preparedness associated with maintaining airport operations during a natural disaster; (ii) airport communication equipment and fixed emergency generators that are not able to be acquired by programs funded under the Department of Homeland Security; and (iii) constructing, expanding, and improving airfield infrastructure to include aprons and terminal buildings the Secretary determines will facilitate disaster response at the airport. . 205. Funding for projects as disaster relief airports (a) In general Section 47114(d)(3) of title 49, United States Code, is amended— (1) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (2) by inserting before subparagraph (B), as redesignated by paragraph (1), the following: (A) Not less than $25,000 to airports designated as disaster relief airports under section 47132 to enhance the ability of such airports to aid in disaster relief, including through funding for airport development described in section 47102(3)(P). ; and (3) in subparagraphs (D) and (E), as redesignated by paragraph (1), by striking subparagraph (A) each place it appears and inserting subparagraph (B) . (b) Conforming amendments (1) Section 47106(a)(7) of title 49, United States Code, is amended by striking 47114(d)(3)(B) and inserting 47114(d)(3)(C) . (2) Section 47117(b)(2) of title 49, United States Code, is amended— (A) in subparagraph (A)(i), by striking (3)(A) and inserting (3)(B) ; and (B) in subparagraph (B)— (i) by striking 47114(d)(3)(A) and inserting 47114(d)(3)(B) ; and (ii) by striking 47114(d)(3)(B) and inserting 47114(d)(3)(C) . 206. Revision of automated weather observing systems (AWOS) policy (a) In general Section 553(d)(1) of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ) is amended— (1) in subparagraph (B), by striking and at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: (C) the Secretary determines the grant obligation does not exceed the amounts made available under paragraph (1) of section 47117(f) of such title 49 for that fiscal year; and . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the FAA Reauthorization Act of 2018 ( Public Law 115–254 ). III Securing and Revitalizing Aviation (SARA Act) 301. Limitation of liability for certain individuals designated as representatives of the Federal Aviation Administration (a) In general Any individual designated by the Administrator under subpart C of part 183 of title 14, Code of Federal Regulations, to act as a representative of the Administrator, including an aviation medical examiner, pilot examiner, mechanic examiner, or designated airworthiness representative, shall, when carrying out duties pursuant to that designation and without regard to the individual’s employer— (1) be considered to be performing an activity necessary to safeguard a uniquely Federal interest; and (2) not be liable in a civil action for actions performed with reasonable care in connection with those duties. (b) Fraudulent misconduct This section does not relieve an individual described in subsection (a) that causes harm to any person through intentional or fraudulent misconduct while carrying out duties pursuant to that subsection from any penalty applicable under any provision of law for that misconduct. (c) Activity covered This section shall only apply to those individuals carrying out their duties within the United States or its territories. IV Air traffic controller reforms 401. Federal Aviation Administration Academy The Administrator shall designate all necessary employees at the Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma, as excepted employees in the event of a covered lapse in appropriations (as such terms are defined in section 1341(c) of title 31, United States Code) that is in effect on or after the date of enactment of this Act to ensure that the Federal Aviation Administration Academy remains open and capable of continuing to train air traffic controllers for the duration of the covered lapse in appropriations to the Federal Aviation Administration. 402. Practical experience for air traffic controllers (a) Review (1) In general The Administrator shall assign to the Aviation Rulemaking Advisory Committee (in this section referred to as the Committee ) the task of reviewing all regulations and policies related to the training of air traffic control tower operators, including the practical experience requirements. (2) Recommendations After conducting the review under paragraph (1), the Committee shall, not later than 6 months after the date of enactment of this Act, submit to the Administrator recommendations on the following: (A) Ways to modify the requirements described in paragraph (1) to enable the contract tower industry to prepare and better utilize approved air traffic collegiate training initiative (AT–CTI) school graduates, veterans, and other qualified air traffic control program graduates for work at air traffic control facilities in the Federal contract tower program. (B) Regulatory and policy changes that are necessary to ensure that an applicant applying for their initial facility rating must successfully accomplish a minimum of 2 months of on-the-job training in a control tower and that such an applicant be allowed to qualify for a facility rating having undertaken classroom and simulation training within a formal training process approved by the Federal Aviation Administration that may not have taken place within the facility for which the initial facility rating is being applied. (C) Other areas determined appropriate by the Committee. (b) Action based on recommendations Not later than 1 year after receiving recommendations under subsection (a)(2), the Administrator shall take such actions as the Administrator considers appropriate with respect to such recommendations. V Aviation fuel taxes 501. Treatment of fuel for use in aviation (a) Rate of tax (1) In general Section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) in the case of aviation-grade kerosene, 21.9 cents per gallon. . (2) Taxes imposed on fuel used in commercial aviation Section 4081(a)(2)(C) of such Code is amended to read as follows: (C) Taxes imposed on fuel used in commercial aviation In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon. . (3) Refueller trucks, tankers, and tank wagons Section 4081(a)(3) of such Code is amended— (A) by inserting a secured area of before an airport in subparagraph (A)(i), and (B) by striking subparagraph (D). (4) Conforming amendments (A) Sections 4081(a)(3)(A) and 4082(b) of such Code are amended by striking kerosene each place it appears and inserting aviation-grade kerosene . (B) Section 4081(a)(4) of such Code is amended by striking paragraph (2)(C)(i) and inserting paragraph (2)(C) . (C) The heading for section 4081(a)(4) of such Code is amended by striking kerosene and inserting aviation-grade kerosene . (D) Section 4081(d)(2) of such Code is amended by striking so much as precedes subparagraph (A) and inserting the following: (2) Aviation fuels The rate of tax specified in subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon— . (E) Subsection (e) of section 4082 of such Code is amended— (i) by striking kerosene (other than kerosene and inserting aviation-grade kerosene (other than any such kerosene , (ii) by striking section 4081(a)(2)(A)(iii) and inserting section 4081(a)(2)(A)(iv) , (iii) by striking the last sentence, and (iv) by striking Kerosene removed into an aircraft in the heading and inserting Aviation-Grade kerosene . (b) Rate for use of certain liquids in aviation (1) In general Section 4041(c) of the Internal Revenue Code of 1986 is amended— (A) by striking liquid for use as a fuel other than aviation gasoline in paragraph (1) and inserting aviation-grade kerosene , (B) by striking liquid for use as a fuel other than aviation gasoline in paragraph (2) and inserting aviation-grade kerosene , (C) by striking paragraph (3) and inserting the following new paragraph: (3) Rate of tax The rate of tax imposed by this subsection shall be the rate of tax applicable under section 4081(a)(2)(A)(iv) which is in effect at the time of such sale or use. , and (D) by striking Certain liquids used as fuel in aviation in the heading and inserting Aviation-Grade kerosene . (2) Partial refund of full rate Section 6427(l)(2) of such Code is amended to read as follows: (2) Nontaxable use For purposes of this subsection, the term nontaxable use means— (A) in the case of diesel fuel or kerosene (other than aviation-grade kerosene), any use which is exempt from the tax imposed by section 4041(a)(1) other than by reason of a prior imposition of tax, and (B) in the case of aviation-grade kerosene— (i) any use which is exempt from the tax imposed by section 4041(c) other than by reason of a prior imposition of tax, or (ii) any use in commercial aviation (within the meaning of section 4083(b)). . (3) Conforming amendments (A) Section 4041(a)(1)(B) of such Code is amended by adding at the end the following: This subparagraph shall not apply to aviation-grade kerosene. . (B) The heading for section 6427(l) of such Code is amended by striking and kerosene and inserting , kerosene, and aviation fuel . (C) Section 6427(l)(4) of such Code is amended— (i) in subparagraph (A)— (I) by striking kerosene and inserting aviation-grade kerosene , (II) by striking section 4081(a)(2)(A)(iii) in clause (ii) and inserting section 4081(a)(2)(A)(iv) , and (III) by striking Kerosene used in commercial aviation in the heading and inserting In general , (ii) by striking subparagraphs (B) and (C) and inserting the following: (B) Payment to ultimate registered vendor With respect to any aviation-grade kerosene, if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor— (i) is registered under section 4101, and (ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1). , and (iii) by striking kerosene used in aviation in the heading and inserting aviation-grade kerosene . (D) Section 6427(i)(4)(A) of such Code is amended— (i) by striking paragraph (4)(C) and inserting paragraph (4)(B) , and (ii) by striking , (l)(4)(C)(ii), . (E) Section 6427(l)(5)(B) of such Code is amended by striking kerosene used in aviation and inserting aviation-grade kerosene . (c) Transfers from highway trust fund of taxes on fuels used in aviation to airport and airway trust fund (1) In general Section 9503(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (5). (2) Conforming amendments (A) Section 9502(a) of such Code is amended by striking , section 9503(c)(5), . (B) Section 9502(b)(1)(D) of such Code is amended by striking and kerosene to the extent attributable to the rate specified in section 4081(a)(2)(C) and inserting and aviation-grade kerosene . (C) Section 9503(b) of such Code is amended by inserting after paragraph (2) the following new paragraph: (3) Adjustments for aviation uses The amounts described in paragraphs (1) and (2) with respect to any period shall (before the application of this subsection) be reduced by appropriate amounts to reflect any amounts transferred to the Airport and Airway Trust Fund under section 9502(b) with respect to such period. . (d) Certain transfers not transferred from airport and airway trust fund (1) Section 9502(d)(2) of the Internal Revenue Code of 1986 is amended by striking (other than subsection (l)(4) thereof) . (2) Section 9502(d)(3) of such Code is amended by striking (other than payments made by reason of paragraph (4) of section 6427(l)) . (e) Effective date The amendments made by this section shall apply to fuels or liquids removed, entered, or sold after September 30, 2021. VI Voluntary surrender of repair station certificate 601. Revision of certain regulations relating to repair station certificates The Administrator shall— (1) not later than 60 days after the date of the enactment of this Act, publish in the Federal Register a notice of proposed rulemaking revising part 145 of title 14, Code of Federal Regulations— (A) to restore the right of a repair station to unilaterally surrender its certificate; (B) to prevent an individual who materially contributes to the revocation of a repair station certificate or causes the process of revoking such a certificate to begin from reentering the industry; and (C) to clarify that a repair station that terminates an individual who materially contributes to the revocation of the certificate of the repair station or causes the process of revoking that certificate to begin may reapply for a certificate; and (2) not later than 90 days after publishing the notice of proposed rulemaking, publish in the Federal Register a final rule with respect to those revisions. | https://www.govinfo.gov/content/pkg/BILLS-117s2453is/xml/BILLS-117s2453is.xml |
117-s-2454 | II 117th CONGRESS 1st Session S. 2454 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Padilla (for himself, Mrs. Feinstein , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to reauthorize the pilot program for alternative water source projects, and for other purposes.
1. Short title This Act may be cited as the Water Reuse and Resiliency Act of 2021 . 2. Pilot program for alternative water source projects Section 220 of the Federal Water Pollution Control Act ( 33 U.S.C. 1300 ) is amended— (1) in subsection (b), in the heading, by striking In General and inserting Establishment ; (2) in subsection (d)— (A) in paragraph (1), by inserting construction before funds ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (3) by striking subsection (e); (4) in subsection (i)— (A) in the matter preceding paragraph (1), by striking , the following definitions apply ; and (B) in paragraph (1), in the first sentence, by striking water or wastewater or by treating wastewater and inserting water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes ; (5) in subsection (j)— (A) in the first sentence, by striking There is and inserting the following: (1) In general There is ; (B) in paragraph (1) (as so designated), by striking a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall and inserting $200,000,000 for each of fiscal years 2022 through 2026, to ; and (C) by adding at the end the following: (2) Limitation on use of funds Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. ; and (6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order. | https://www.govinfo.gov/content/pkg/BILLS-117s2454is/xml/BILLS-117s2454is.xml |
117-s-2455 | II 117th CONGRESS 1st Session S. 2455 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Whitehouse (for himself, Mr. Wyden , Mr. Bennet , Ms. Stabenow , Mrs. Murray , Mr. Brown , and Ms. Smith ) 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 exclusion of Pell Grants from gross income, and for other purposes.
1. Short title This Act may be cited as the Tax-Free Pell Grant Act . 2. Expansion of Pell Grant exclusion from gross income (a) In general Paragraph section 117(b)(1) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and inserting received by an individual— (A) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or (B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the Tax-Free Pell Grant Act ). . (b) No adjustment under American Opportunity and Lifetime Learning Credits Section 25A(g)(2)(A) of such Code is amended by striking a qualified scholarship which and inserting a qualified scholarship which is described in section 117(b)(1)(A) and which . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 3. Expansion of American Opportunity and Lifetime Learning Credits (a) In general Section 25A of the Internal Revenue Code of 1986 is amended— (1) in subsection (f)(1)— (A) in subparagraph (A), by striking tuition and fees inserting tuition, fees, computer or peripheral equipment, child and dependent care expenses, and course materials , (B) by striking subparagraph (D), and (C) by adding at the end the following new subparagraphs: (D) Child and dependent care expenses For purposes of this paragraph— (i) In general The term child and dependent care expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be enrolled in an eligible educational institution for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: (I) expenses for household services, and (II) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight. (ii) Qualifying individual The term qualifying individual has the meaning given such term in section 21(b)(1). (iii) Exception, dependent care centers Rules similar to the rules of subparagraphs (B), (C), and (D) of section 21(b)(2) shall apply, except the term child and dependent care expenses shall be substituted for the term employment-related expenses each place it appears in such subparagraphs. (E) Child and dependent care expenses only qualified expenses when claimed by eligible student Amounts paid for an expense described in subparagraph (E) may not be taken into account under this paragraph for a taxable year unless required for the enrollment or attendance of an individual described in subparagraph (A)(i) or subparagraph (A)(ii). (F) Computer or peripheral equipment (i) Defined For purposes of this paragraph, the term computer or peripheral equipment means expenses for the purchase of computer or peripheral equipment (as defined in section 168(i)(2)(B), computer software (as defined in section 197(e)(3)(B))), or internet access and related services, if such equipment, software, or services are to be used primarily by the individual during any of the years the individual is enrolled at an eligible educational institution. (ii) Dollar limit on amount creditable The aggregate of the amounts paid or expenses incurred for computer or peripheral equipment which may be taken into account under this paragraph for a taxable year by the taxpayer shall not exceed $1,000. , and (2) in subsection (g)(5)— (A) in the heading, by adding or credit at the end, and (B) by inserting or credit after a deduction . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s2455is/xml/BILLS-117s2455is.xml |
117-s-2456 | II 117th CONGRESS 1st Session S. 2456 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Peters (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes.
1. Short title This Act may be cited as the Broadcast Varied Ownership Incentives for Community Expanded Service Act or the Broadcast VOICES Act . 2. Definitions In this Act: (1) Broadcast station The term broadcast station has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (2) Commission The term Commission means the Federal Communications Commission. (3) Owned by socially disadvantaged individuals The term owned by socially disadvantaged individuals has the meaning given the term in section 344(a) of the Communications Act of 1934, as added by section 5(a)(1) of this Act. 3. Findings Congress finds the following: (1) One of the main missions of the Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry. (2) The Commission should continue to collect relevant data on the diversity described in paragraph (1), adopt improvements to that data collection and related studies, and make appropriate recommendations to Congress regarding how to increase the number of minority- and women-owned broadcast stations. (3) Data from 2017 shows that, of the nearly 1,700 full power commercial broadcast television stations in the United States, less than 6 percent are owned by women and less than 3 percent are minority-owned. With respect to full power commercial radio stations, women owned approximately 7 percent of FM broadcast radio stations and minorities owned less than 3 percent of those stations. (4) In the 17 years that a minority tax certificate program was in place at the Commission between 1978 and 1995, the Commission issued 287 certificates for radio stations, and 40 certificates for television stations, under that program. 4. FCC reports to Congress (a) Biennial report containing recommendations for increasing number and value of broadcast stations owned by socially disadvantaged individuals Not later than 180 days after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Commission shall submit to Congress a report containing recommendations for how to increase the total number, and the value, of broadcast stations that are owned by socially disadvantaged individuals. (b) Biennial report on number of broadcast stations owned by socially disadvantaged individuals Not later than 180 days after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Commission shall submit to Congress a report that identifies the total number of broadcast stations that are owned by socially disadvantaged individuals, based on data reported to the Commission on Form 323 of the Commission. 5. Tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals (a) Requirements for issuance of certificate by FCC (1) In general 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. Tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals (a) Definitions In this section: (1) Owned by socially disadvantaged individuals The term owned by socially disadvantaged individuals means, with respect to a broadcast station, that— (A) the station is at more than 50 percent (or some other percentage determined by the Commission) owned by 1 or more socially disadvantaged individuals, or, in the case of any publicly traded broadcast station, more than 50 percent (or some other percentage determined by the Commission) of the securities of such station is owned by 1 or more socially disadvantaged individuals; and (B) the management and daily business operations of the station are controlled by 1 or more socially disadvantaged individuals. (2) Socially disadvantaged individual The term socially disadvantaged individual means— (A) a woman; or (B) an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group, without regard to the individual qualities of the individual. (b) Issuance of certificate by Commission Subject to the rules adopted by the Commission under subsection (d), upon application by a person that engages in a sale described in subsection (c), the Commission shall issue to that person a certificate stating that the sale meets the requirements of this section. (c) Sales described A sale described in this subsection is either of the following: (1) Sale resulting in or preserving ownership and control by socially disadvantaged individuals A sale of an interest in a broadcast station if, immediately after the sale, the station is owned by socially disadvantaged individuals, without regard to whether, before the sale, the station was owned by socially disadvantaged individuals. (2) Sale by investor in station owned by socially disadvantaged individuals In the case of a person that has contributed capital in exchange for an interest in a broadcast station that is owned by socially disadvantaged individuals, a sale by that person of some or all of that interest. (d) Rules The Commission shall adopt rules for the issuance of a certificate under subsection (b) that provide for the following: (1) Limit on value of sale A limit on the value of an interest the sale of which qualifies for the issuance of such a certificate, which shall be not greater than $50,000,000. (2) Minimum holding period In the case of a sale described in subsection (c)(1), a minimum period after the sale during which the broadcast station shall remain owned by socially disadvantaged individuals, which shall be not shorter than 2 years and not longer than 3 years. (3) Cumulative limit on number or value of sales A limit on the total number of sales per year or the total value of sales per year, or both, for which a person may be issued certificates under subsection (b). (4) Participation in station management by socially disadvantaged individuals Requirements for participation by socially disadvantaged individuals in the management of the broadcast station. (5) Certification (A) In general In the case of a sale described in subsection (c)(1), a requirement that the buyer of the interest in the broadcast station certify, every 180 days during the minimum holding period adopted under paragraph (2), compliance with the rules issued under that paragraph and paragraph (4). (B) Failure to comply With respect to a failure to make a certification required under subparagraph (A), the Commission shall— (i) report the failure to the Commissioner of Internal Revenue; and (ii) include the failure in the report to Congress submitted under subsection (e) that covers the period during which the failure occurred. (e) Annual report to Congress The Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (b) during the period covered by the report. . (2) Deadline for issuance of rules Not later than 1 year after the date of enactment of this Act, the Commission shall issue rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1). (3) Report to Congress on program expansion Not later than 6 years after the date of enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission. (4) Examination and report to Congress on nexus between diversity of ownership and diversity of viewpoint (A) Examination Not later than 60 days after the date of enactment of this Act, the Commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations. (B) Report to Congress Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data. (b) Nonrecognition of gain or loss for tax purposes (1) In general Subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part IV the following new part: V Sale of interest in certain broadcast stations 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations (a) Nonrecognition of Gain or Loss If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years. (b) Minimum holding period; continued management If— (1) there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property (determined without regard to this paragraph), and (2) the taxpayer ceases to fulfill any requirements of the rules adopted by the Federal Communications Commission under paragraph (2) or (4) of section 344(c) of the Communications Act of 1934 (as such rules are in effect on the date of such sale), there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale, except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the date on which the taxpayer so ceases to fulfill such requirements. (c) Basis For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b). . (2) Clerical amendment The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to part IV the following new part: Part V—Sale of interest in certain broadcast stations Section 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations. . (c) Effective date The amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of enactment of this Act. (d) Sunset The amendments made by this section shall not apply with respect to sales of interests in broadcast stations after the date that is 16 years after the date of enactment of this Act. 6. Credit for certain contributions with respect to broadcast stations (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Credit for certain contributions with respect to broadcast stations (a) In general For purposes of section 38, the broadcast station contribution credit determined under this section for any taxable year is an amount equal to the fair market value of any broadcast station, or any interest in a broadcast station, which is contributed in a qualified contribution during such taxable year. (b) Qualified contribution For purposes of this section— (1) In general The term qualified contribution means a contribution or gift to or for the use of an entity described in section 170(c)(2) which has as a part of its charitable purpose the training of socially disadvantaged individuals in the management and operation of broadcast stations (as certified by the Federal Communications Commission), but only if the recipient holds such station or interest for not less than 2 years after the date of the contribution. (2) Socially disadvantaged individuals The term socially disadvantaged individuals has the meaning given such term in section 344(a)(2) of the Communications Act of 1934. (c) Broadcast station For purposes of this section, the term broadcast station has the same meaning as when used in section 344 of the Communications Act of 1934. (d) Denial of deduction No deduction shall be allowed under section 170 with respect to any contribution for which credit is allowed under this section. . (b) Credit To be part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the broadcast station contribution credit determined under section 45U(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45U. Credit for certain contributions with respect to broadcast stations. . (d) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2456is/xml/BILLS-117s2456is.xml |
117-s-2457 | II 117th CONGRESS 1st Session S. 2457 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To maintain the free flow of information to the public by establishing appropriate limits on the federally compelled disclosure of information obtained as part of engaging in journalism, and for other purposes.
1. Short title This Act may be cited as the Protect Reporters from Excessive State Suppression Act or the PRESS Act . 2. Definitions In this Act: (1) Covered journalist The term covered journalist means a person who gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. (2) Covered service provider (A) In general The term covered service provider means any person that, by an electronic means, stores, processes, or transmits information in order to provide a service to customers of the person. (B) Inclusions The term covered service provider includes— (i) a telecommunications carrier and a provider of an information service (as such terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )); (ii) a provider of an interactive computer service and an information content provider (as such terms are defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 )); (iii) a provider of remote computing service (as defined in section 2711 of title 18, United States Code); and (iv) a provider of electronic communication service (as defined in section 2510 of title 18, United States Code) to the public. (3) Document The term document means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.). (4) Federal entity The term Federal entity means an entity or employee of the judicial or executive branch or an administrative agency of the Federal Government with the power to issue a subpoena or issue other compulsory process. (5) Journalism The term journalism means gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. (6) Personal account of a covered journalist The term personal account of a covered journalist means an account with a covered service provider used by a covered journalist that is not provided, administered, or operated by the employer of the covered journalist. (7) Personal technology device of a covered journalist The term personal technology device of a covered journalist means a handheld communications device, laptop computer, desktop computer, or other internet-connected device used by a covered journalist that is not provided or administered by the employer of the covered journalist. (8) Protected information The term protected information means any information identifying a source who provided information as part of engaging in journalism, and any records, contents of a communication, documents, or information that a covered journalist obtained or created as part of engaging in journalism. 3. Limits on compelled disclosure from covered journalists In any matter arising under Federal law, a Federal entity may not compel a covered journalist to disclose protected information, unless a court in the judicial district in which the subpoena or other compulsory process is, or will be, issued determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to the covered journalist that— (1) disclosure of the protected information is necessary to prevent, or to identify any perpetrator of, an act of terrorism against the United States; or (2) disclosure of the protected information is necessary to prevent a threat of imminent violence, significant bodily harm, or death. 4. Limits on compelled disclosure from covered service providers (a) Conditions for compelled disclosure In any matter arising under Federal law, a Federal entity may not compel a covered service provider to provide testimony or any document consisting of any record, information, or other communication that relates to a business transaction between the covered service provider and a covered journalist, including testimony or any document relating to a personal account of a covered journalist or a personal technology device of a covered journalist, unless a court in the judicial district in which the subpoena or other compulsory process is, or will be, issued determines by a preponderance of the evidence that there is a reasonable threat of imminent violence unless the testimony or document is provided, and issues an order authorizing the Federal entity to compel the disclosure of the testimony or document. (b) Notice to court A Federal entity seeking to compel the provision of testimony or any document described in subsection (a) shall inform the court that the testimony or document relates to a covered journalist. (c) Notice to covered journalist and opportunity To be heard (1) In general A court may authorize a Federal entity to compel the provision of testimony or a document under this section only after the Federal entity seeking the testimony or document provides the covered journalist who is a party to the business transaction described in subsection (a)— (A) notice of the subpoena or other compulsory request for such testimony or document from the covered service provider not later than the time at which such subpoena or request is issued to the covered service provider; and (B) an opportunity to be heard before the court before the time at which the provision of the testimony or document is compelled. (2) Exception to notice requirement (A) In general Notice and an opportunity to be heard under paragraph (1) may be delayed for not more than 45 days if the court involved determines there is clear and convincing evidence that such notice would pose a clear and substantial threat to the integrity of a criminal investigation, or would present an imminent risk of death or serious bodily harm. (B) Extensions The 45-day period described in subparagraph (A) may be extended by the court for additional periods of not more than 45 days if the court involved makes a new and independent determination that there is clear and convincing evidence that providing notice to the covered journalist would pose a clear and substantial threat to the integrity of a criminal investigation, or would present an imminent risk of death or serious bodily harm under current circumstances. 5. Limitation on content of information The content of any testimony, document, or protected information that is compelled under sections 3 or 4 shall— (1) not be overbroad, unreasonable, or oppressive, and as appropriate, be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information; and (2) be narrowly tailored in subject matter and period of time covered so as to avoid compelling the production of peripheral, nonessential, or speculative information. 6. Rule of construction Nothing in this Act shall be construed to— (1) apply to civil defamation, slander, or libel claims or defenses under State law, regardless of whether or not such claims or defenses, respectively, are raised in a State or Federal court; or (2) prevent the Federal Government from pursuing an investigation of a covered journalist or organization that is— (A) suspected of committing a crime; (B) a witness to a crime unrelated to engaging in journalism; (C) suspected of being an agent of a foreign power, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); (D) an individual or organization designated under Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (E) a specially designated terrorist, as that term is defined in section 595.311 of title 31, Code of Federal Regulations (or any successor thereto); or (F) a terrorist organization, as that term is defined in section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi)(II) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2457is/xml/BILLS-117s2457is.xml |
117-s-2458 | II 117th CONGRESS 1st Session S. 2458 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Inhofe (for himself, Mr. Boozman , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To clarify that individuals engaged in aircraft flight instruction or testing, including phased testing of experimental aircraft, are not operating an aircraft carrying persons or property for compensation or hire.
1. Short title This Act may be cited as the Certainty for General Aviation Pilots Act of 2021 . 2. Flight instruction or testing (a) In general A certificated flight instructor providing student instruction, flight instruction, or flight training shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. (b) Authorized additional pilots An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth by Federal Aviation Administration regulation and policy, shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. (c) Use of aircraft An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) or (b) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire. (d) Revision of rules Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue, revise, or repeal the rules, regulations, guidance, or procedures of the Federal Aviation Administration to conform to the requirements of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2458is/xml/BILLS-117s2458is.xml |
117-s-2459 | II 117th CONGRESS 1st Session S. 2459 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for improvements to aircraft hangars, and for other purposes.
1. Short title This Act may be cited as the Hangars Accelerate National Growth And Regional Stability Act or the HANGARS Act . 2. Hangar development program for general aviation airports (a) Program (1) In general The Secretary of Transportation (in this section referred to as the Secretary ) shall establish a program under which the Secretary shall award grants to eligible entities for an eligible project at the airport. (2) Application An eligible entity seeking a grant under the program 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. (b) Eligible entities In this section, the term eligible entity means a sponsor of a— (1) public-use airport that is not a primary airport (as such terms are defined in section 47102 of title 49, United States Code); or (2) general aviation airport (as defined in such section 47102). (c) Eligible projects (1) In general In this section, the term eligible project means a project to construct, repair, or improve an aircraft hangar facility. (2) Planning and acquisition costs (A) In general Subject to subparagraph (B), an eligible project may include costs incurred— (i) to prepare a plan or specifications, including carrying out a field investigation, for the eligible project; and (ii) to acquire land and install utilities connected to the development of the eligible project. (B) Limitation Not more than 10 percent of the amount of a grant awarded under this section may be used for the costs described in subparagraph (A). (d) Federal share The Federal share of the costs of an eligible project carried out with a grant under this section is 95 percent. (e) Priority consideration In awarding grants under the program under this section, the Secretary shall give priority consideration to eligible projects— (1) that will be completed within 2 years of the grant award; (2) that leverage private sector investments to build or improve facilities at the airport; and (3) that— (A) achieve a complete development objective; (B) are located on a statewide aviation master plan; or (C) are located on an airport's master plan. (f) Requirements For any grant awarded under this section, the Secretary shall ensure that the eligible project is— (1) owned and operated by the sponsor of the eligible airport; (2) used on a non-exclusive basis; and (3) made available and used for public aeronautical purposes, including aircraft storage and maintenance. (g) Grant limit For grants awarded under this section, not more than $5,000,000 may be made available to a single eligible project. (h) Administration Of the amounts made available under subsection (i), the Secretary may retain up to 3 percent for personnel, contracting, and other costs to administer and oversee grants made under this section. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary $1,000,000,000 for the purpose of carrying out this section. Amounts appropriated under the preceding sentence shall remain available until expended. 3. Hangar development program for primary airports (a) In general Title II of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 et seq. ) is amended by adding at the end the following: 219. Grants for hangar improvement (a) In general On the application of an eligible recipient, the Secretary may make grants to construct, repair, or improve an aircraft hangar facility to further the economic adjustment objectives of this subchapter. (b) Criteria for grant The Secretary may make a grant under this section if the Secretary determines that— (1) the eligible project for which the grant is applied will, directly or indirectly— (A) improve the opportunities, in the area where the eligible project is or will be located, for the successful establishment or expansion of aircraft maintenance and repair hangar facilities; (B) leverage private sector investments to build or improve hangar facilities at the airport; (C) assist in the creation of additional long-term employment opportunities in the area; or (D) improve the opportunities, in the area where the eligible project is or will be located, for air carriers to establish or increase commercial routes; (2) the area for which the eligible project is to be carried out has a comprehensive economic development strategy and the eligible project is consistent with the strategy; and (3) the eligible project is located on a statewide aviation master plan or on the airport’s master plan. (c) Eligible recipient In this section, the term eligible recipient has the meaning given such term in section 3 and includes a primary airport (as defined in section 47102 of title 49, United States Code). (d) Eligible project In this section, the term eligible project means a project to construct, repair, or improve an aircraft hangar facility at a primary airport (as defined in section 47102 of title 49, United States Code). (e) Federal share Notwithstanding section 204, the Federal share of the costs of an eligible project carried out with a grant under this section is 85 percent. (f) Notice of Federal interest Notwithstanding any other provision of law, any eligible recipient awarded a grant under this section shall record a statement of the Federal Government’s interest in the property improved through the grant in a form acceptable to the Secretary. The Secretary of Transportation shall cooperate with the Secretary as may be needed to facilitate the recording of such statement. (g) Administration Of the amounts made available under subsection (h), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to administer and oversee grants made under this section. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary $100,000,000 for the purpose of carrying out this section. Amounts appropriated under the preceding sentence shall remain available until expended. . (b) Conforming amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 note) is amended by inserting after the item relating to section 218 the following: Sec. 219. Grants for hangar improvement. . | https://www.govinfo.gov/content/pkg/BILLS-117s2459is/xml/BILLS-117s2459is.xml |
117-s-2460 | II 117th CONGRESS 1st Session S. 2460 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Portman (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish a panel of constitutional experts to recommend to Congress an appropriate process for providing for the case of the death of a candidate in a contingent presidential or vice-presidential election.
1. Short title This Act may be cited as the Solving an Overlooked Loophole in Votes for Executives (SOLVE) Act . 2. Establishment of a panel (a) Establishment There is established the Twentieth Amendment Section Four Panel (in this Act referred to as the Panel ). (b) Membership (1) In general The Panel shall be composed of 6 constitutional experts, of whom— (A) 1 shall be appointed by the majority leader of the Senate; (B) 1 shall be appointed by the minority leader of the Senate; (C) 1 shall be appointed jointly by the majority and minority leader of the Senate; (D) 1 shall be appointed by the Speaker of the House of Representatives; (E) 1 shall be appointed by minority leader of the House of Representatives; and (F) 1 shall be appointed jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Date The appointments of the members of the Panel shall be made not later than 180 days after the date of enactment of this Act. (3) Vacancy Any vacancy occurring in the membership of the Panel shall be filled in the same manner in which the original appointment was made. (4) Chairperson and Vice Chairperson The Panel shall select a Chairperson and Vice Chairperson from among the members of the Panel. (c) Purpose The purpose of the Panel shall be to recommend to Congress model legislation, which shall provide for an appropriate process, pursuant to section 4 of the Twentieth Amendment to the United States Constitution, to resolve any vacancy created by the death of a candidate in a contingent presidential or vice-presidential election. (d) Reports (1) Initial report Not later than 1 year after the date on which all of the appointments have been made under subsection (b)(2), the Panel shall submit to Congress an interim report containing the Panel’s findings, conclusions, and recommendations. (2) Final report Not later than 6 months after the submission of the interim report under paragraph (1), the Panel shall submit to Congress a final report containing the Panel’s findings, conclusions, and recommendations. (e) Meetings; information (1) In general Meetings of the Panel shall be held at the Law Library of Congress. (2) Information The Panel may secure from the Law Library of Congress such information as the Panel considers necessary to carry out the provisions of this section. (f) Funds (1) Compensation of members Members of the Panel shall receive no compensation. (2) Other funding No amounts shall be appropriated for the purposes of this Act, except for any amounts strictly necessary for the Law Library of Congress to execute its responsibilities under subsection (e). (g) Termination (1) In general The panel established under subsection (a) shall terminate 90 days after the date on which the panel submits the final report required under subsection (d)(2). (2) Records Upon termination of the panel, all of its records shall become the records of the Secretary of the Senate and the Clerk of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2460is/xml/BILLS-117s2460is.xml |
117-s-2461 | II 117th CONGRESS 1st Session S. 2461 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Brown (for himself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make qualified biogas property and qualified manure resource recovery property eligible for the energy credit and to permit renewable energy bonds to finance qualified biogas property, and for other purposes.
1. Short title This Act may be cited as the Agriculture Environmental Stewardship Act of 2021 . 2. Findings Congress finds the following: (1) Incentives and encouragement for the conservation and appropriate handling of nutrients contained in organic matter are necessary. (2) Biogas systems will save Federal, State, and local taxpayers money by converting waste into useful products, such as fuel, fertilizer, thermal heat, feedstock for hydrogen fuel cells, and renewable chemicals. (3) Manure resource recovery systems will save Federal, State, and local taxpayers money by recovering the nutrients contained in organic matter from their source, rather than recovering the nutrients after they have entered landfills or waterways. 3. Energy credit for qualified biogas property and qualified manure resource recovery property (a) In general Section 48(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vii) and by adding at the end the following new clauses: (ix) qualified biogas property, or (x) qualified manure resource recovery property, . (b) 30-Percent credit Section 48(a)(2)(A)(i) of such Code is amended by striking and at the end of subclause (IV), by striking and at the end of subclause (V), and by adding at the end the following new subclauses: (VI) qualified biogas property, and (VII) qualified manure resource recovery property, and . (c) Definitions Section 48(c) of such Code is amended by adding at the end the following new paragraphs: (6) Qualified biogas property (A) In general The term qualified biogas property means property comprising a system which— (i) uses anaerobic digesters, or other biological, chemical, thermal, or mechanical processes (alone or in combination), to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and (ii) captures such gas for use as a fuel. (B) Inclusion of certain cleaning and conditioning equipment Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. (C) Termination No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2023. (7) Qualified manure resource recovery property (A) In general The term qualified manure resource recovery property means property comprising a system which uses physical, biological, chemical, thermal, or mechanical processes to recover the nutrients nitrogen and phosphorus from a non-treated digestate or animal manure by reducing or separating at least 50 percent of the concentration of such nutrients, excluding any reductions during the incineration, storage, composting, or field application of the non-treated digestate or animal manure. (B) Inclusion of certain processing equipment Such term shall include— (i) any property which is used to recover the nutrients referred to in subparagraph (A), such as— (I) biological reactors, (II) crystallizers, (III) water filtration membrane systems and other water purifiers, (IV) evaporators, (V) distillers, (VI) decanter centrifuges, and (VII) equipment that facilitates the process of removing and dewatering suspended and dissolved solids, ammonia stripping, gasification, or ozonation, and (ii) any thermal drier which treats the nutrients recovered by the processes referred to in subparagraph (A). (C) Termination No credit shall be determined under this section with respect to any qualified manure resource recovery property for any period after December 31, 2023. . (d) Denial of double benefit for qualified biogas property Section 45(e) of such Code is amended by adding at the end the following new paragraph: (12) Coordination with energy credit for qualified biogas property The term qualified facility shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(6)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year. . (e) Effective date The amendments made by this section shall apply to periods after December 31, 2020, in taxable years ending after such date, under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 4. Study of biogas and nutrient reuse (a) In general The Secretary of the Treasury shall enter into an agreement with the National Renewable Energy Laboratory to undertake a study of biogas that addresses the following: (1) The quality of biogas, including a comparison of biogas to natural gas and the identification of any components of biogas which make biogas unsuitable for injection into existing natural gas pipelines. (2) Methods for obtaining the highest energy content in biogas, including the use of co-digestion and identifying the optimal feed mixture. (3) Recommendations for the expansion of biogas production, including an analysis of the extent to which increasing the methane content of biogas would result in the greater use of biogas and an analysis of how the expanded use of biogas could help meet the growing energy needs of the United States. (4) Methods for productive use of nutrients recovered from qualified manure resource recovery property that benefits the agricultural economy. (b) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2461is/xml/BILLS-117s2461is.xml |
117-s-2462 | II 117th CONGRESS 1st Session S. 2462 IN THE SENATE OF THE UNITED STATES July 22, 2021 Ms. Baldwin (for herself and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to extend the jurisdiction of the Commodity Futures Trading Commission to include the oversight of markets that set or report reference prices for aluminum premiums, and for other purposes.
1. Short title This Act may be cited as the Aluminum Pricing Examination Act or the APEX Act . 2. Jurisdiction of the Commodity Futures Trading Commission over markets that set or report reference prices for aluminum premiums Section 2(a)(1) of the Commodity Exchange Act ( 7 U.S.C. 2(a)(1) ) is amended by adding at the end the following: (J) Reference prices for aluminum premiums (i) Jurisdiction (I) In general The Commission shall have jurisdiction over markets that set or report reference prices for aluminum premiums, including— (aa) oversight of the process and manner in which reference prices for aluminum premiums are set or reported; and (bb) determining whether the mechanism for setting references prices for aluminum premiums is fair and transparent. (II) Effect Nothing in this Act grants the Commission authority to set or control prices for aluminum premiums. (ii) Consultation with Attorney General (I) In general The Commission shall consult with the Attorney General on any relevant information, allegations of anticompetitive conduct, or marketplace analysis in the setting or reporting of a reference price for aluminum premiums. (II) Review by Attorney General The Commission shall afford the Attorney General an opportunity to review any regulation or guideline proposed by the Commission in carrying out this subparagraph to ensure that the regulation or guideline is consistent with the goals and purposes of the antitrust laws. (III) Authorities and duties of Attorney General The Attorney General— (aa) may cooperate, and share relevant information, with the Commission with respect to the setting of a reference price for aluminum premiums; and (bb) shall review any proposed regulation or guideline described in subclause (II) to ensure that the regulation or guideline is in accordance with the goals and purposes of the antitrust laws. (IV) Transmission to Commission The Attorney General shall transmit to the Commission the views of the Attorney General on any proposed regulation or guideline described in subclause (II). . | https://www.govinfo.gov/content/pkg/BILLS-117s2462is/xml/BILLS-117s2462is.xml |
117-s-2463 | II 117th CONGRESS 1st Session S. 2463 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Risch (for himself, Mr. Cruz , Mr. Crapo , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require agencies submit zero-based budgets.
1. Zero-based budgets (a) Definition In this Act: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) Zero-based budget The term zero-based budget means a systematic budget analysis in support of decision making in which managers— (A) examine current objectives, operations, and costs; (B) consider alternative ways of carrying out their program or activity; and (C) rank different programs or activities by order of importance to the organization. (b) Zero-Based budgets Every sixth year, each agency shall submit to the Director of the Office of Management and Budget and the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives a zero-based budget for the next fiscal year and each of the 4 ensuing fiscal years. (c) Recommendations In addition to the zero-based budget required under subsection (b), each agency, except the Department of Defense and the National Nuclear Security Administration shall submit recommendations for which programs Congress should cut or reduce appropriations in an amount that equals not less than a 2-percent reduction from the previous year appropriation in discretionary spending. | https://www.govinfo.gov/content/pkg/BILLS-117s2463is/xml/BILLS-117s2463is.xml |
117-s-2464 | II 117th CONGRESS 1st Session S. 2464 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Coons (for himself, Mr. Bennet , Ms. Klobuchar , and Ms. Rosen ) 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 Commerce, acting through the Assistant Secretary for Economic Development, to establish a RECOMPETE grant program to provide flexible, 10-year block grants for purposes of creating quality jobs, providing resources to help local residents access opportunities and attain and retain employment, increasing local per capita income and employment rates, and supporting long-term, sustained economic growth and opportunity in persistently distressed areas, and for other purposes.
1. Short title This Act may be cited as the Rebuilding Economies and Creating Opportunities for More People to Excel Act or the RECOMPETE Act . 2. Definitions In this Act: (1) Applicable area The term applicable area — (A) with respect to a local labor market, local community, or partial local labor market— (i) means— (I) the geographical area of the local labor market, local community, or partial local labor market; and (II) each corresponding unit of local government in the geographical area described in subclause (I); and (ii) does not include any Tribal land in the geographical area described in clause (i)(I), unless the Tribal government with jurisdiction over the Tribal land elects to participate in an applicable cooperation agreement under section 3(b)(2)(B); and (B) with respect to a Tribal government, means the Tribal land subject to the jurisdiction of the Tribal government. (2) Applicant The term applicant means— (A) a unit of general local government, such as a county or a county equivalent (including a borough in the State of Alaska and a parish in the State of Louisiana), city, town, village, or other general-purpose political subdivision of a State; (B) the District of Columbia; (C) a territory or possession of the United States; (D) a Tribal government; (E) a State-authorized political subdivision or other entity, such as a special-purpose entity engaged in economic development activities; (F) a public or private nonprofit organization, acting in cooperation with the officials of a political subdivision or entity described in subparagraph (E); (G) an economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); and (H) a consortium of units of general local government within an applicable area. (3) Cooperation agreement The term cooperation agreement means an agreement entered into under section 3(b) relating to the implementation of a RECOMPETE plan for an applicable area. (4) Eligible The term eligible means— (A) with respect to a local labor market, local community, partial local labor market, or Tribal government, that the local labor market, local community, partial local labor market, or Tribal government meets the applicable distress eligibility criteria described in section 3(a); and (B) with respect to an applicant or lead entity, that the applicant or lead entity has submitted an application for a RECOMPETE grant under section 4(a)(2) relating to a local labor market, local community, partial local labor market, or Tribal government described in subparagraph (A). (5) Lead entity The term lead entity means an applicant designated to act as a lead entity pursuant to an applicable cooperation agreement. (6) Local community (A) In general The term local community means the area served by an applicant described in paragraph (2)(A) that— (i) (I) is located within a local labor market or partial local labor market that is not eligible; or (II) is not coexistent with a local labor market; and (ii) meets such additional criteria, including a minimum population requirement, as the Secretary may establish. (B) Inclusions The term local community includes a consortium of 2 or more applicants described in subparagraph (A)— (i) all of which are located within the same local labor market; or (ii) each of which is directly adjacent to an area described in subparagraph (A). (7) Local labor market The term local labor market means any of the following areas that contains 1 or more applicants described in subparagraphs (A) through (C) of paragraph (2): (A) A commuting zone, as defined by the Economic Research Service of the Department of Agriculture. (B) Subject to subparagraph (C), if 1 or more discrete metropolitan statistical areas or micropolitan statistical areas, as defined by the Office of Management and Budget (collectively referred to as core-based statistical areas ), exist within a commuting zone described in subparagraph (A), each such core-based statistical area. (C) If the remaining area of a commuting zone described in subparagraph (A), excluding all core-based statistical areas within the commuting zone described in subparagraph (B), contains 1 or fewer counties and has a population of 7,500 or fewer residents, that remaining area combined with an adjacent core-based statistical area within the commuting zone. (8) Partial local labor market The term partial local labor market means a geographical area that— (A) is located within, but is not coextensive with, a local labor market; and (B) contains 1 or more applicants described in subparagraphs (A) through (C) of paragraph (2). (9) Prime-age The term prime-age means individuals between the ages of 25 years and 54 years. (10) Prime-age employment gap (A) In general The term prime-age employment gap , with respect to an applicable area, means the difference (expressed as a percentage), calculated in accordance with subparagraph (B), between— (i) the national 5-year average prime-age employment rate; and (ii) the 5-year average prime-age employment rate of the applicable area. (B) Calculation For purposes of calculating the prime-age employment gap under subparagraph (A), an applicant shall use data relating to the most recent 5-year period for which data are available preceding the first date of the application period established for the applicant under section 4(a)(2)(B). (11) Prime-age employment rate (A) In general The term prime-age employment rate , with respect to an applicable area, means the quotient (expressed as a percentage), calculated in accordance with subparagraph (B), obtained by dividing— (i) the 5-year average quantity of the prime-age population of the applicable area that is employed; by (ii) the total prime-age population of the applicable area. (B) Calculation For purposes of calculating the prime-age employment rate under subparagraph (A), an applicant shall use data relating to the most recent 5-year period for which data are available preceding the first date of the application period established for the applicant under section 4(a)(2)(B). (12) Recipient The term recipient means, as applicable— (A) an applicant to which a RECOMPETE grant is provided; or (B) a lead entity designated pursuant to a cooperation agreement entered into under section 3(b) for an applicable area for which a RECOMPETE grant is provided. (13) RECOMPETE grant The term RECOMPETE grant means a grant provided to a recipient under section 4(a). (14) RECOMPETE plan The term RECOMPETE plan means a plan developed by an applicant under section 4(b). (15) Secretary The term Secretary means the Secretary of Commerce, acting through the Assistant Secretary for Economic Development. (16) Subrecipient The term subrecipient means an applicant located within an applicable area that— (A) is not a recipient; but (B) receives funds provided under a RECOMPETE grant in such manner and in such amounts as may be agreed to in the RECOMPETE plan for the applicable area. (17) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published by the Bureau of Indian Affairs on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (18) Tribal land The term Tribal land means— (A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (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 Federal law; or (iii) by a dependent Indian community. 3. Distress eligibility criteria and cooperation agreements (a) Distress eligibility (1) Criteria To be eligible for a RECOMPETE grant, a local labor market, local community, partial local labor market, or Tribal government shall meet the following criteria, as applicable, as determined by the Secretary: (A) Local labor markets A local labor market shall have a prime-age employment gap equal to not less than 2.5 percent. (B) Local communities A local community shall— (i) meet the applicable requirements described in section 2(6); and (ii) have— (I) a median household income equal to not more than $75,000; and (II) (aa) a prime-age employment gap of not less than 5 percent; or (bb) as determined by the Secretary, a special need arising from— (AA) a recent decrease in the applicable prime-age employment rate; or (BB) another severe economic disruption that is likely to reduce the applicable prime-age employment rate. (C) Partial local labor markets A partial local labor market shall— (i) have a prime-age employment gap equal to not less than 2.5 percent; and (ii) receive a waiver under subsection (b)(3)(A). (D) Tribal governments (i) In general A Tribal government shall have a prime-age employment gap of not less than 2.5 percent, as calculated under clause (ii). (ii) Calculation For purposes of clause (i), the prime-age employment gap of a Tribal government shall be calculated, with respect to the most recent 5-year period for which data are available, for all individuals residing on the Tribal land of the Tribal government. (2) Limitations (A) Applicable areas A local labor market, local community, partial local labor market, or Tribal government shall not be eligible to receive more than 1 RECOMPETE grant. (B) Applicants For purposes of the RECOMPETE grant program, an applicant may not be considered to be located in, or submit an application under section 4(a)(2) on behalf of, more than 1 eligible local labor market, local community, partial local labor market, or Tribal government. (b) Cooperation agreements (1) Requirement (A) In general Subject to paragraph (3), if an applicable area contains 2 or more applicants described in subparagraph (A), (B), or (C) of section 2(2), each such applicant shall, as a condition of receiving a RECOMPETE grant for the applicable area— (i) enter into a legally binding cooperation agreement for the applicable area in accordance with subparagraph (C); and (ii) designate 1 applicant as the lead entity to act in a representative capacity for purposes of assuming overall responsibility for carrying out the programs and activities, and achieving compliance with the applicable requirements, under the RECOMPETE grant. (B) Participation by other applicants An applicant described in subparagraph (E), (F), or (G) of section 2(2) that is located in an applicable area for which a cooperation agreement is entered into under subparagraph (A) may elect to join the cooperation agreement, at the discretion of the applicant. (C) Terms A cooperation agreement under this subsection shall include— (i) a written statement that— (I) is executed by each applicant that is a party to the cooperation agreement; and (II) establishes the consent of the applicant to be bound by the terms of— (aa) the cooperation agreement; and (bb) the RECOMPETE plan for the applicable area; and (ii) a process for redress of any action, or failure to act, by the lead entity that is detrimental to an applicant. (D) Limitation An applicable area may be the subject of only 1 cooperation agreement. (2) Election by local communities and Tribal governments (A) Local communities (i) In general A local community may enter into a cooperation agreement described in paragraph (1) with any other local communities located within the same local labor market, subject to the condition that 1 or more of those local communities shall be an eligible local community. (ii) Parties A cooperation agreement under clause (i) may be executed between or among— (I) an eligible local community; and (II) 1 or more— (aa) other eligible local communities, or applicants within an eligible local community, located within the same local labor market; or (bb) applicants that are not located within an eligible local community, but are located within the same local labor market as an eligible local community. (iii) Additional amounts On execution of a cooperation agreement under this subparagraph involving 1 or more applicants described in clause (ii)(II)(bb), the Secretary may award additional amounts in accordance with subsection (c)(6) of section 6, subject to the applicable cost-sharing requirements of subsection (e)(2) of that section. (B) Tribal governments (i) In general Regardless of whether the Tribal government is eligible, subject to clause (ii), a Tribal government may elect to enter into a cooperation agreement described in paragraph (1) with 1 or more applicants from an eligible local labor market, local community, or partial local labor market that is adjacent to the Tribal land of the Tribal government. (ii) Deadline An election by a Tribal government under clause (i) shall be made by not later than 45 days after the first date of the application period established for the Tribal government under section 4(a)(2)(B). (iii) Treatment If a Tribal government elects to enter into a cooperation agreement under clause (i)— (I) the Tribal land of the Tribal government shall be— (aa) considered to be included in the applicable area of the eligible local labor market, local community, or partial local labor market that is the subject of the cooperation agreement; and (bb) subject to the RECOMPETE plan for the applicable area described in item (aa); and (II) the amount of the RECOMPETE grant to which the Tribal government is otherwise eligible to receive, if applicable— (aa) shall not be decreased; and (bb) shall be added to the amount provided to the applicable lead entity for use in accordance with the RECOMPETE plan. (iv) Encouragement to collaborate To the maximum extent practicable, the Secretary shall encourage Tribal governments to enter into cooperation agreements described in clause (i). (v) Effect of subparagraph Nothing in this subparagraph— (I) requires a Tribal government to enter into a cooperation agreement in order to receive a RECOMPETE grant; (II) penalizes a Tribal government that does not elect to participate in a cooperation agreement; or (III) otherwise affects the amount of a RECOMPETE grant to be provided to any Tribal government. (3) Waivers (A) In general The Secretary may waive the requirement under paragraph (1) with respect to an applicant acting on behalf of a partial local labor market that— (i) meets the criterion described in subsection (a)(1)(C)(i); (ii) is located within an eligible local labor market with respect to which a cooperation agreement is unable to be executed under paragraph (1), despite reasonable efforts; and (iii) submits to the Secretary a request for a waiver under this paragraph demonstrating the ability to carry out the programs and activities, and achieve compliance with the applicable requirements, under sections 4 and 5 in the applicable area. (B) Effect On receipt of a waiver under subparagraph (A), a partial local labor market— (i) shall be eligible to receive a RECOMPETE grant; and (ii) may elect to carry out the programs and activities, and achieve compliance with the applicable requirements, in the applicable area under the RECOMPETE grant— (I) independently; or (II) by designating from among applicants located within the applicable area a lead entity pursuant to a cooperation agreement described in paragraph (1), which shall submit to the Secretary a written notice in accordance with paragraph (4). (4) Submission to Secretary On execution of a cooperation agreement under paragraph (1), (2), or (3)(B)(ii)(II), the lead entity shall submit to the Secretary a written notice that— (A) describes— (i) the cooperation agreement; (ii) the date of execution of the cooperation agreement; (iii) the authorization of the lead entity under the cooperation agreement; and (iv) the formation of a consortium described in section 2(2)(H) under the cooperation agreement, if applicable; and (B) includes— (i) a copy of each written statement under paragraph (1)(C)(i) relating to the cooperation agreement; and (ii) any necessary certifications or other documentation relating to the cooperation agreement. 4. RECOMPETE grant program (a) Establishment (1) In general The Secretary shall establish a formula grant program under which the Secretary shall provide to eligible applicants and lead entities block grants, to be known as RECOMPETE grants , to carry out programs and activities in the applicable areas served by the applicants and lead entities that— (A) create quality jobs; (B) provide resources to help local residents— (i) access opportunities; and (ii) attain and retain employment; (C) increase local per capita income and prime-age employment rates; and (D) support long-term, sustained economic growth and opportunity in persistently distressed areas. (2) Applications (A) In general To be considered for the provision of a RECOMPETE grant, an eligible applicant or lead entity shall submit to the Secretary an application— (i) at such time, in such manner, and containing such information as the Secretary determines to be appropriate; and (ii) that includes a RECOMPETE plan for the applicable area served by the applicant or lead entity, in accordance with subsection (b). (B) Application windows In carrying out the RECOMPETE grant program, the Secretary shall establish the periods during which applications may be submitted under subparagraph (A), subject to the conditions that— (i) the initial application period established under this subparagraph shall be not less than 3 years; and (ii) for the second application period under this subparagraph and each period thereafter, the Secretary may, as the Secretary determines to be appropriate— (I) extend the period; (II) accept late applications; (III) initiate a new application cycle; and (IV) establish additional rules and regulations under this subsection. (C) Limitations (i) In general Subject to clause (ii), the Secretary may establish a limitation on— (I) the number of applications to be accepted by the Secretary during each fiscal year from each type of applicant; and (II) the total amount of each RECOMPETE grant payment provided for each fiscal year. (ii) Requirements In establishing any limitation under clause (i), the Secretary shall ensure that— (I) each applicant and lead entity that submits to the Secretary an application satisfactory to the Secretary for an application period established under subparagraph (B) shall be considered for receipt of a RECOMPETE grant during that application period; and (II) the Secretary is able— (aa) to review applications and provide technical assistance and expertise to applicants in the development and implementation of RECOMPETE plans; and (bb) to conduct benchmark evaluations and meet applicable reporting requirements in accordance with section 5. (D) Priority In selecting recipients of RECOMPETE grants, the Secretary shall give priority consideration to severely distressed, eligible— (i) local labor markets; and (ii) Tribal governments. (E) Approval The Secretary shall approve or disapprove each application submitted under this paragraph (including the RECOMPETE plan included in the application) as soon as practicable after the date of receipt of the application. (3) Term A RECOMPETE grant shall— (A) have a term of 10 fiscal years; and (B) be disbursed over that term in accordance with section 6(d). (b) RECOMPETE plans (1) In general As a condition of receipt of a RECOMPETE grant, the application of an applicant or lead entity under subsection (a)(2) shall include a RECOMPETE plan for the applicable area served by the applicant or lead entity in accordance with this subsection. (2) Requirements A RECOMPETE plan shall include the following information with respect to the applicable area: (A) An identification of— (i) each economic development challenge proposed to be addressed using a RECOMPETE grant; and (ii) any past, present, or projected future economic development investments in the applicable area, including, with respect to the investment— (I) each public and private participant; and (II) each source of funding. (B) A comprehensive strategy, for the 10-year period beginning on the proposed date of receipt of a RECOMPETE grant, to address the economic challenges identified under subparagraph (A)(i), in accordance with subsection (d), in a manner that— (i) promotes long-term, sustained economic growth, opportunity, job creation, employment, and increased per capita income; (ii) reduces the prime-age employment gap of the applicable area; (iii) creates jobs and connects local workers to employment and other economic opportunities; (iv) maximizes the effective development and use of the local workforce; and (v) provides accessible resources to support job attainment and retention. (C) The total projected cost to carry out the RECOMPETE plan. (D) The total amount of the RECOMPETE grant requested, and the justification for that amount. (E) The roles and responsibilities of each recipient and subrecipient carrying out an activity under the RECOMPETE plan. (F) The proposed allocation by the recipient to subrecipients of any RECOMPETE grant amounts. (G) An identification of certain benchmark criteria for use in benchmark evaluations under section 5(a), including reducing the prime-age employment gap of the applicable area by certain percentages at periodic intervals, with the goals of— (i) reducing the prime-age employment gap by not less than 50 percent on completion of the term of the RECOMPETE grant provided to the recipient; and (ii) achieving compliance with such other criteria as the Secretary may establish. (3) Optional inclusions A RECOMPETE plan may include strategies— (A) to address inequality in the applicable area, such as inequality with respect to income, opportunity, or employment on the basis of race, gender, religion, or sexual orientation; (B) to support business development and entrepreneurship; and (C) to support innovation and businesses, job creation, and workforce development in industries expected to continue or increase in force in the applicable area. (4) Consent of parties to cooperation agreement If an applicable area is subject to a cooperation agreement under section 3(b), the RECOMPETE plan for the applicable area shall be— (A) developed in accordance with that cooperation agreement; and (B) consented to by each applicant that is a party to the cooperation agreement. (5) Integration with comprehensive economic development strategy If an applicable area is subject to a comprehensive economic development strategy approved by the Secretary under section 302 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3162 ), the RECOMPETE plan for the applicable area— (A) shall be integrated with that strategy, to the maximum extent practicable; and (B) may be developed and included as a supplemental portion of that strategy, rather than as an independent plan. (6) Approval by Secretary The Secretary shall approve a RECOMPETE plan that the Secretary determines meets the applicable requirements of this subsection. (c) Planning and technical assistance (1) Planning assistance (A) In general For purposes of assisting a recipient in developing a RECOMPETE plan, the Secretary may make an advance payment of a RECOMPETE grant in accordance with subparagraph (B), if the Secretary determines that— (i) the recipient requires such an advance; and (ii) the advance will be used— (I) effectively; and (II) for planning purposes. (B) Maximum amount The amount of an advance payment under subparagraph (A) shall be equal to not more than the lesser of— (i) an amount equal to 5 percent of the maximum RECOMPETE grant amount to be provided to the applicable recipient; and (ii) $300,000. (C) No cost share An advance payment made under this paragraph shall not be subject to any cost-sharing requirement. (2) Technical assistance The Secretary shall provide technical assistance, if necessary, in each applicable area relating to— (A) the development of a RECOMPETE plan that meets the applicable requirements of this subsection with respect to the applicable area; and (B) implementation of the programs and activities included in the RECOMPETE plan for the applicable area. (d) Use of funds (1) In general Subject to paragraphs (2) and (3), a recipient or subrecipient may use a RECOMPETE grant to carry out programs and activities in the applicable area, in accordance with the RECOMPETE plan, including— (A) the provision of business advice and assistance to small and medium-sized local businesses and entrepreneurs, including— (i) manufacturing extension services; (ii) small business development centers; (iii) centers to help businesses bid for Federal procurement contracts; (iv) entrepreneurial assistance programs that link entrepreneurs with available public and private resources; (v) legal advice and resources; and (vi) assistance in accessing capital; (B) land and site development programs, such as brownfield redevelopment, research and technology parks, business incubators, business corridor development, and Main Street redevelopment programs; (C) infrastructure and housing activities that are directly related to supporting job creation and employment for residents, such as— (i) improvements to transit, roads, and broadband access; (ii) affordable housing development; (iii) land-use and zoning reforms; and (iv) transit-oriented development activities; (D) job training oriented to local employer needs, such as customized job training programs carried out by local community colleges in partnership with local businesses; (E) workforce outreach programs, such as— (i) programs located in, and targeted to, lower-income and underemployed neighborhoods; and (ii) embedding job placement and training services in neighborhood institutions such as churches, housing projects, and community advocacy programs; (F) job retention programs and activities, such as the provision of— (i) job coaches, including at locations of employment; (ii) child care services, including subsidizing the construction, operation, maintenance, and labor costs of child care centers; and (iii) transportation support, such as support for vehicle repairs to assist in the transit of workers to jobs; and (G) such other programs and activities as the Secretary determines to be appropriate, including any proposed programs or activities that the recipient demonstrates clearly and substantially, to the satisfaction of the Secretary, will directly advance the goals of the RECOMPETE grant program. (2) Method In carrying out programs and activities described in paragraph (1), a recipient or subrecipient may— (A) use amounts provided under a RECOMPETE grant to carry out such a program or activity directly; or (B) enter into a contract or other agreement with a subcontractor or vendor (including nongovernmental, nonprofit organizations and for-profit entities) to carry out such a program or activity. (3) Outside programs and activities A recipient acting on behalf of an eligible local community that enters into a cooperation agreement under section 3(b)(2)(A)(ii)(II) with a local community that is not eligible, but is located within the same local labor market, may use amounts provided under a RECOMPETE grant to carry out a program or activity described in paragraph (1) in the ineligible local community, if the program or activity would provide a benefit to residents of the eligible local community. (e) Regional Commissions (1) Definition of Regional Commission In this subsection, the term Regional Commission means— (A) any of the Regional Commissions (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )); (B) the Northern Border Regional Commission; (C) the Southeast Crescent Regional Commission; (D) the Southwest Border Regional Commission; and (E) any other regional commission established under Federal law, subject to the approval of the Secretary. (2) Technical assistance and support If an applicant (or any portion of the service area of an applicant) is located in a region covered by a Regional Commission, the Regional Commission is encouraged to provide technical assistance and other support relating to applying for a RECOMPETE grant and developing and carrying out a RECOMPETE plan to— (A) the applicant; (B) the lead entity, if applicable; and (C) any other relevant entities. (3) Action by Secretary The Secretary shall— (A) encourage each recipient to coordinate the implementation of a RECOMPETE plan with the activities of each Regional Commission serving the region in which the applicable area is located; and (B) ensure that a copy of the RECOMPETE plan for each applicable area is provided to each affected Regional Commission. 5. Administration, reporting, and oversight (a) Benchmark evaluations (1) In general The Secretary shall establish a process under which the Secretary shall conduct periodic benchmark evaluations of each recipient to ensure that the recipient successfully carries out the programs and activities described in the RECOMPETE plan of the recipient. (2) Timing The Secretary shall conduct a benchmark evaluation of a recipient under this subsection— (A) for a recipient of a RECOMPETE grant provided during the initial application period under section 4(a)(2)(B)(i), by not later than 3 years after the date of the initial award of the RECOMPETE grant; and (B) not less frequently than once every 2 years thereafter during the term of the RECOMPETE grant provided to the recipient. (3) Criteria In conducting a benchmark evaluation of a recipient under this subsection, the Secretary shall determine whether the recipient has— (A) adhered to the timelines and requirements of the programs and activities identified in the RECOMPETE plan of the recipient; (B) made sufficient progress toward achieving the benchmarks and objectives described in that RECOMPETE plan; (C) increased the overall employment rate, the prime-age employment rate, median household income, and per capita income in the applicable area; and (D) achieved compliance with such other criteria as the Secretary determines to be relevant. (b) Modification of plans (1) Requirement for recipients A recipient shall modify the RECOMPETE plan of the recipient, or any program or activity conducted under that RECOMPETE plan, if the Secretary— (A) determines that— (i) such a program or activity is ineffective or underperforming; or (ii) with respect to the RECOMPETE plan, program, or activity— (I) an applicable performance metric or criterion has not been met; or (II) funds have been misused; and (B) directs the recipient to modify the RECOMPETE plan, program, or activity. (2) Authority of Secretary (A) Adjustments and increases in funding The Secretary may increase the amount of the RECOMPETE grant provided to the recipient as the Secretary determines to be appropriate, taking into consideration any modifications made to the RECOMPETE plan under paragraph (1), in an amount equal to not more than the maximum amount available on the date of approval of the RECOMPETE grant application for the applicable area and subject to the availability of funds, if the Secretary determines that— (i) events or other factors beyond the control of the recipient significantly— (I) altered applicable project circumstances; or (II) prevented the recipient from meeting the objectives and benchmarks of the RECOMPETE plan; or (ii) a labor market, economic, business, or technology shift, or any other major factor, warrants such a modification and increase in funding. (B) Withholding and terminating funding The Secretary may temporarily withhold or terminate any amount scheduled to be provided under a RECOMPETE grant if the Secretary determines that— (i) after a reasonable effort, an agreement cannot be reached with respect to a modification to a RECOMPETE plan recommended or required by the Secretary under this subsection; or (ii) (I) a gross, intentional misuse of RECOMPETE grant funds (including any activity subject to a penalty under section 605 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3215 )) has occurred; and (II) the individual or entity responsible for the misuse is not removed from all programs and activities carried out under the RECOMPETE plan. (c) Recipient reporting requirements Each recipient shall be subject to— (1) the grant reporting requirements under part 200 of title 2, Code of Federal Regulations (or successor regulations); and (2) such additional, clear, annual reporting requirements as the Secretary may establish to gather any information necessary to conduct the benchmark and final evaluations under this section. (d) Final evaluation (1) In general Not later than 1 year after the final disbursement of a RECOMPETE grant is provided to each recipient, the Secretary, in cooperation with the recipient and each applicable subrecipient, shall conduct a final evaluation of the success of the programs and activities carried out under the RECOMPETE plan of the recipient. (2) Criteria The Secretary shall establish criteria for use in conducting final evaluations under this subsection— (A) in addition to the criteria established under subsection (a)(3); and (B) taking into consideration the goal of reducing the prime-age employment gap of each applicable area by 50 percent. (3) Requirements for recipients Each recipient and subrecipient shall— (A) cooperate with the Secretary in conducting a final evaluation under this subsection; and (B) provide to the Secretary any information necessary for that evaluation. (e) Report to Congress The Secretary shall submit to Congress comprehensive and detailed annual reports describing the implementation of this Act, including, with respect to the period covered by the report— (1) (A) a summary assessment of the overall progress of the RECOMPETE grant program; and (B) as data become available, an analysis of the effectiveness of that program; (2) labor market and economic metrics to describe the impact of the RECOMPETE grant program, including any progress made toward— (A) decreasing prime-age employment gaps; or (B) increasing local per capita income; (3) detailed demographic analyses of— (A) the populations served by recipients; and (B) relevant labor market statistics; (4) a summary of the benchmark evaluations conducted under subsection (a), as available; (5) an identification of, and reasons for rejecting or deferring, as applicable, each application submitted under section 4(a)(2), including the applicable annual RECOMPETE grant amount limitation established by the Secretary under subparagraph (C)(i)(II) of that section, if any; and (6) such other details as the Secretary determines to be appropriate. (f) Applicability of PWEDA (1) In general The following sections of the Public Works and Economic Development Act of 1965 shall apply to this Act (including the RECOMPETE grant program): (A) Section 211 ( 42 U.S.C. 3151 ). (B) Section 503 ( 42 U.S.C. 3193 ). (C) Section 504 ( 42 U.S.C. 3194 ). (D) Section 602 ( 42 U.S.C. 3212 ). (E) Section 604 ( 42 U.S.C. 3214 ). (F) Section 605 ( 42 U.S.C. 3215 ). (G) Section 608 ( 42 U.S.C. 3218 ). (H) Section 610 ( 42 U.S.C. 3220 ). (2) Authorities and duties of Secretary The Secretary shall have the authorities and duties provided by the sections of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) referred to in paragraph (1) in administering and enforcing this Act (including the RECOMPETE grant program). 6. Funding (a) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $175,000,000,000 for fiscal year 2022, to remain available until expended. (b) Allocation (1) In general Subject to paragraph (2), of the amounts made available under subsection (a), the Secretary shall allocate— (A) not less than 70 percent to recipients acting on behalf of local labor markets or partial local labor markets; (B) not more than 20 percent to recipients acting on behalf of local communities; and (C) not less than 10 percent to eligible Tribal governments. (2) Treatment of certain amounts The amounts allocated pursuant to paragraphs (5) and (6)(B) of subsection (c) shall not be taken into consideration for purposes of calculations under paragraph (1). (3) Administrative costs and personnel (A) In general Of any amounts made available to carry out this Act, the Secretary shall transfer not less than 1 percent to the Salary and Expenses Account of the Secretary for the costs of administration and oversight of this Act. (B) Personnel The Secretary may— (i) appoint and fix the compensation of such temporary personnel as may be necessary to carry out this Act; and (ii) effective beginning on the date on which an individual appointed under clause (i) has served continuously in that appointment for 2 years, appoint the individual to a position in the Economic Development Administration in the same manner in which competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such a position, at which time the individual shall become a career-conditional employee, unless the individual has completed the service requirements for career tenure. (c) Grant formulas (1) In general Subject to subsection (e), based on the information relating to projected costs contained in applicable RECOMPETE plans under subparagraph (C) of section 4(b)(2), and the justifications described in subparagraph (D) of that section, the amount of a RECOMPETE grant provided to a recipient shall be determined in accordance with this subsection. (2) Local labor markets An eligible local labor market may receive not more than the amount equal to the product obtained by multiplying— (A) the prime-age employment gap of the local labor market; (B) the prime-age population of the local labor market; and (C) $70,585. (3) Local communities Subject to paragraph (6), an eligible local community may receive not more than the amount equal to the product obtained by multiplying— (A) the prime-age employment gap of the local community; (B) the prime-age population of the local community; and (C) $53,600. (4) Partial local labor markets An eligible partial local labor market may receive not more than the amount equal to the product obtained by multiplying— (A) the population of the partial local labor market; (B) the lesser of— (i) the prime-age employment gap of the local labor market within which the partial local labor market is located; and (ii) the prime-age employment gap of the partial local labor market; and (C) $70,585. (5) Tribal governments (A) In general An eligible Tribal government may receive not more than the amount equal to the product obtained by multiplying, subject to subparagraph (B)— (i) the prime-age employment gap of the Tribal government; (ii) the prime-age population of the Tribal government; and (iii) $70,585. (B) Calculation of population (i) In general Subject to clause (ii), for purposes of subparagraph (A), the population of a Tribal government shall be equal to the sum obtained by adding— (I) the product obtained by multiplying— (aa) the total number of individuals residing on the Tribal land of the Tribal government; and (bb) 0.65; and (II) the product obtained by multiplying— (aa) the total number of individuals included on the membership roll of the Tribal government; and (bb) 0.35. (ii) Use of data Each calculation under clause (i) shall be determined based on data provided by the applicable Tribal government to the Department of the Treasury under the Coronavirus State and Local Fiscal Recovery Fund programs under title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ) (as amended by subtitle M of title IX of the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4)). (6) Local communities with cooperation agreements If an eligible local community elects to enter into a cooperation agreement under section 3(b)(2)(A) with 1 or more local communities that are not eligible— (A) each eligible local community that is a party to the cooperation agreement may receive the maximum amount available to the eligible local community, as determined under paragraph (3); and (B) the Secretary may award to the lead entity an additional amount equal to not more than 10 percent of the total amount provided under subparagraph (A), for distribution by the lead entity to any local community or other applicant that is a party to the cooperation agreement, regardless of whether the local community or other applicant is eligible, for use in accordance with the applicable RECOMPETE plan. (d) Obligation and disbursement of funds (1) In general On approval by the Secretary of an application under section 4(a)(2)(E), the Secretary shall— (A) obligate the entire amount of the RECOMPETE grant for the applicable recipient; and (B) disburse that amount to the recipient annually for each of the 10 fiscal years beginning after the date of obligation, in accordance with this subsection. (2) Proposals To receive an annual disbursement under paragraph (1), a recipient shall submit to the Secretary a proposal describing the intended use by the recipient of the disbursement during the applicable fiscal year (including the programs and activities proposed to be carried out and any subcontractor or vendor proposed to be used for those purposes), in accordance with the RECOMPETE plan of the recipient. (3) Provision of funding On approval by the Secretary of a proposal submitted by a recipient under paragraph (2), the Secretary shall disburse to the recipient the amount of the RECOMPETE grant due to the recipient for the fiscal year, for use in accordance with— (A) the proposal; and (B) the RECOMPETE plan of the recipient. (e) Cost sharing (1) Federal share (A) In general The Federal share of the cost of each program and activity carried out using a RECOMPETE grant shall be the cost share described in subparagraph (B) for the applicable recipient, subject to subparagraph (C) and paragraphs (2) through (4). (B) Descriptions of cost shares (i) Local labor markets For an eligible local labor market, the cost share referred to in subparagraph (A) shall be— (I) 50 percent for an eligible local labor market with a prime-age employment gap equal to— (aa) not less than 2.5 percent; but (bb) less than 3 percent; and (II) an additional 6.25 percent for each prime-age employment gap percentage point of 3 percent or more, as determined in accordance with the following table: Local labor market prime-age employment gap Federal share 3 percent to less than 4 percent 56.25 percent 4 percent to less than 5 percent 62.5 percent 5 percent to less than 6 percent 68.75 percent 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (ii) Local communities For an eligible local community, the cost share referred to in subparagraph (A) shall be— (I) 68.75 percent for an eligible local community with a prime-age employment gap equal to— (aa) not less than 5 percent; but (bb) less than 6 percent; and (II) an additional 6.25 percent for each prime-age employment gap percentage point of 6 percent or more, up to 100 percent, as determined in accordance with the following table: Local community prime-age employment gap Federal share 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (iii) Partial local labor markets (I) In general Subject to subclause (II), for an eligible partial local labor market, the cost share referred to in subparagraph (A) shall be— (aa) 50 percent for an eligible partial local labor market with a prime-age employment gap equal to— (AA) not less than 2.5 percent; but (BB) less than 3 percent; and (bb) an additional 6.25 percent for each prime-age employment gap percentage point of 3 percent or more, as determined in accordance with the following table: Lesser of partial local labor market, and local labor market, prime-age employment gaps Federal share 3 percent to less than 4 percent 56.25 percent 4 percent to less than 5 percent 62.5 percent 5 percent to less than 6 percent 68.75 percent 6 percent to less than 7 percent 75 percent 7 percent to less than 8 percent 81.25 percent 8 percent to less than 9 percent 87.5 percent 9 percent to less than 10 percent 93.75 percent 10 percent or greater 100 percent. (II) Certain local labor markets If an eligible partial local labor market is located within a local labor market with a prime-age employment gap that is less than the prime-age employment gap of the partial local labor market, the prime-age employment gap of the local labor market shall be used for purposes of calculating the Federal share of the partial local labor market under subclause (I). (iv) Tribal governments For an eligible Tribal government, the cost share referred to in subparagraph (A) shall be 100 percent. (C) Available increases (i) Relative need The Federal share determined for a recipient under clause (i), (ii), or (iii) of subparagraph (B) may be increased, based on the relative need of each applicable area and recipient and in accordance with such regulations as the Secretary may promulgate, to not more than 80 percent of the total estimated cost of the programs and activities included in the RECOMPETE Plan for the applicable area. (ii) Severe economic need The Federal share determined for a recipient under subparagraph (B) may be increased to not more than 100 percent of the total estimated cost of the programs and activities included in the RECOMPETE Plan for the applicable area in any case in which the Secretary determines that the recipient or a subrecipient has— (I) exhausted all other reasonable financing and funding options; and (II) demonstrated severe economic need. (2) Special rule (A) In general Except as provided in subparagraph (B), the Federal share calculated for an eligible local community under paragraph (1) shall not be reduced due to an election by the eligible local community to enter into a cooperation agreement under section 3(b)(2)(A). (B) Exception If additional amounts are provided for an eligible local community for distribution to subrecipients under section 3(b)(2)(A)(iii), the Federal share calculated under paragraph (1) for the eligible local community shall be not more than 50 percent, subject to any increase in accordance with clause (i) or (ii) of paragraph (1)(C), as applicable. (3) Non-Federal contributions In calculating the non-Federal share of the cost of a program or activity carried out under a RECOMPETE plan, the Secretary may provide a credit toward the non-Federal share for any non-Federal contribution to the program or activity— (A) in cash or in-kind; (B) fairly evaluated; and (C) including any contribution of space, equipment, assumption of debt, or service. (4) Reassessment (A) In general The Federal share and non-Federal share determined for a recipient under paragraphs (1) and (2) shall apply during the period beginning on the date of enactment of this Act and ending on the date on which the initial benchmark evaluation relating to the recipient is conducted under section 5(a). (B) Periodic reevaluation As soon as practicable after the date on which each benchmark evaluation relating to a recipient is conducted under section 5(a), the Secretary shall— (i) reevaluate the Federal share and non-Federal share determined for the recipient under this subsection; and (ii) determine whether such a cost share should be adjusted, subject to subparagraph (C). (C) Limitation on Federal share The Federal share determined for a recipient under this subsection— (i) shall not be decreased by more than— (I) 10 percent, as compared to the Federal share determined for the recipient under this subsection for the preceding period; or (II) 30 percent, in total; and (ii) shall be not less than 50 percent. | https://www.govinfo.gov/content/pkg/BILLS-117s2464is/xml/BILLS-117s2464is.xml |
117-s-2465 | II 117th CONGRESS 1st Session S. 2465 IN THE SENATE OF THE UNITED STATES July 22, 2021 Mr. Menendez (for himself, Mr. Brown , Mr. Wyden , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make the American Opportunity Tax Credit fully refundable, and for other purposes.
1. Short title This Act may be cited as the American Opportunity Tax Credit Enhancement Act of 2021 . 2. Enhancement of American Opportunity Tax Credit (a) In general Section 25A of the Internal Revenue Code of 1986 is amended— (1) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Per student credit In the case of any eligible student for whom an election is in effect under this section for any taxable year, the American Opportunity Tax Credit is an amount equal to 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $5,000. , and (B) in paragraph (2)(D)— (i) in the heading, by inserting serious before felony , and (ii) by striking Federal or State felony offense consisting of the possession or distribution of a controlled substance and inserting Federal drug-related offense for which the minimum term of imprisonment is not less than 15 years , (2) in subsection (d)— (A) in paragraph (1)— (i) in the heading, by striking In general and inserting Lifetime Learning Credit , (ii) by striking The American Opportunity Tax Credit and the Lifetime Learning Credit shall each and inserting The Lifetime Learning Credit shall , and (iii) by striking each such and inserting such , (B) by redesignating paragraph (2) as paragraph (3), and (C) by inserting after paragraph (1) the following: (2) American Opportunity Tax Credit In the case of the American Opportunity Tax Credit, paragraph (1) shall be applied— (A) in subparagraph (A)(ii) of such paragraph, by substituting $125,000 ($250,000 for $80,000 ($160,000 , and (B) in subparagraph (B) of such paragraph, by substituting $25,000 ($50,000 for $10,000 ($20,000 . , and (3) in subsection (i)— (A) in the heading, by striking Portion of , and (B) by striking Forty percent and inserting 100 percent . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2465is/xml/BILLS-117s2465is.xml |
117-s-2466 | II 117th CONGRESS 1st Session S. 2466 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mrs. Shaheen (for herself, Mr. Toomey , Mrs. Blackburn , Mr. Casey , Ms. Collins , Mr. Coons , Mr. Durbin , Ms. Hassan , Mr. Johnson , Mr. Kaine , Mr. Markey , Mr. Menendez , Mr. Portman , Mr. Warner , Ms. Warren , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To reform the Federal sugar program, and for other purposes.
1. Short title This Act may be cited as the Fair Sugar Policy Act of 2021 . 2. Sugar program Section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(a) ) is amended— (1) in paragraph (4), by striking and at the end; and (2) in paragraph (5), by striking 2019 through 2023 crop years. and inserting the following: “2019 and 2020 crop years; and (6) 18.75 cents per pound for raw cane sugar for each of the 2021 through 2025 crop years. . 3. Flexible marketing allotments for sugar repealed Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359aa et seq. ) is amended to read as follows: VII Administration of Tariff Rate Quotas 359a. Tariff rate quotas (a) In general At the beginning of each quota year, the Secretary shall establish the tariff-rate quotas for raw cane sugar and refined sugar at a level that is not less than the minimum level necessary to comply with obligations under international trade agreements that Congress has approved. (b) Adjustment (1) In general Subject to subsection (a), the Secretary shall adjust the tariff-rate quotas for raw cane sugar and refined sugar to provide adequate supplies of sugar at reasonable prices in the domestic market. (2) Ending stocks Subject to paragraphs (1) and (3), the Secretary shall establish and adjust tariff-rate quotas so that the ratio of sugar stocks to total sugar use at the end of each quota year shall be approximately 15.5 percent. (3) Maintenance of reasonable prices and avoidance of forfeitures (A) In general The Secretary may establish a different target percentage for the ratio of ending stocks to total use described in paragraph (2) if the Secretary determines the different target percentage is necessary to prevent— (i) unreasonably high prices; or (ii) forfeitures of sugar pledged as collateral for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ). (B) Announcement The Secretary shall publicly announce an establishment of a target percentage under this paragraph. (4) Considerations In establishing tariff-rate quotas under subsection (a) and making adjustments under this subsection, the Secretary shall consider the impact of the quotas on consumers, workers, businesses (including small businesses), and agricultural producers. (c) Temporary transfer of quotas (1) In general To promote the full use of the tariff-rate quotas for raw cane sugar and refined sugar established or adjusted under subsection (a) or (b), respectively, the Secretary shall promulgate regulations that provide that a country that has been allocated a share of the quotas may temporarily transfer all or part of the share to another country that has also been allocated a share of the quotas. (2) Transfers voluntary A transfer under this subsection shall be valid only on voluntary agreement between the transferor and the transferee, consistent with procedures established by the Secretary. (3) Transfers temporary (A) In general A transfer under this subsection shall be valid only for the duration of the quota year during which the transfer is made. (B) Following quota year No transfer under this subsection shall affect the share of the quota allocated to the transferor or transferee for the following quota year. . 4. Repeal of feedstock flexibility program for bioenergy producers Section 9010 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s2466is/xml/BILLS-117s2466is.xml |
117-s-2467 | II 117th CONGRESS 1st Session S. 2467 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for a Public Health Emergency Fund, and for other purposes.
1. Short title This Act may be cited as the Public Health Emergency Response and Accountability Act . 2. Public health emergencies (a) In general Section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended— (1) in subsection (a), by striking after consultation and inserting in consultation with the Assistant Secretary for Preparedness and Response and ; (2) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; (3) by inserting after subsection (a), the following: (b) Reporting requirements (1) In general Upon the determination of a public health emergency under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, the Secretary shall request the Assistant Secretary for Preparedness and Response to convene a group of Federal public health and other Federal officials that shall prepare monthly reports related to such emergency for the period described in paragraph (3) and submit such reports to Congress. (2) Contents The reports prepared under paragraph (1) shall include— (A) in the first monthly report, the proposed budget of the response to the emergency, and, in each subsequent report, updates to such budget; (B) a description of how the Secretary plans to use best practices and lessons learned from previous public health emergency responses; (C) a description of how collaboration among public health agencies and departments will be achieved, strategies for public communication, and acquisition and distribution of supplies; (D) an identification of additional authorities needed, if any, to respond to the emergency; and (E) in the first monthly report, the justification for triggering the public health emergency response. (3) Period The period described in this paragraph is the period beginning not later than 30 days after the determination of a public health emergency under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, and ending 30 days after the determination of such emergency terminates in accordance with such subsection. ; and (4) in subsection (c) (as so redesignated)— (A) in paragraph (3), by striking Committee on Commerce and inserting Committee on Energy and Commerce ; and (B) by adding at the end the following: (6) Funding (A) Definitions In this paragraph: (i) Public health emergency relief The term public health emergency relief means the expenditures to address a public health emergency determined under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster from— (I) amounts made available by emergency supplemental appropriations to appropriations accounts of the Department of Health and Human Services to address a public health emergency that is an infectious disease outbreak, a bioterrorist attack, or a disaster (excluding funds transferred to the Department from the appropriations account for the Federal Emergency Management Agency, Disaster Relief Fund or pursuant to the Oil Pollution Act of 1990); and (II) any amounts expended from the Public Health Emergency Fund under this subsection. (ii) Target amount The term target amount means the amount that is the rolling annual average of expenditures for public health emergency relief over the full 14 fiscal years immediately preceding the fiscal year for which the determination of a public health emergency is made under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, excluding the highest and lowest years. (B) Appropriations (i) In general Subject to clause (iv), upon the determination of each public health emergency under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, there is appropriated to the Public Health Emergency Fund, out of any money in the Treasury not otherwise appropriated, for the fiscal year of the determination, an amount determined under subparagraph (C), to remain available until expended, which may be used in accordance with subparagraph (D). (ii) Reporting The reporting requirements contained in subsection (b) shall apply with respect to amounts appropriated under clause (i). (iii) Emergency designations (I) In general Amounts appropriated under clause (i) 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) ). (II) Designation in the Senate In the Senate, amounts appropriated under clause (i) are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (iv) Limitation Clause (i) shall not apply if the amount available for expenditure in the Public Health Emergency Fund, as of the date of the determination as a public health emergency under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, is equal to or greater than the target amount. (C) Formula (i) In general Subject to clause (ii), the amount determined under this subparagraph shall be equal to the difference between the target amount and the amount available for expenditure in the Public Health Emergency Fund, as of the date of the determination of the public health emergency under subsection (a). (ii) Report by OMB Not later than 30 days after the date of enactment of this paragraph, the Director of the Office of Management and Budget shall submit to the Committee on Appropriations and the Committee on the Budget of the Senate and the Committee on Appropriations and the Committee on the Budget of the House of Representatives, a report on the rolling average calculated for purposes of determining the target amount. (D) Use of funds (i) In general Amounts appropriated to the Public Health Emergency Fund under subparagraph (B) shall be used by the Secretary in accordance with the proposed budget described in subsection (b)(2) for any public health emergency determined under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster that has not terminated under such subsection. Such funds shall be used— (I) to provide assistance for immediate Federal, State, local, or international response needs with respect to any public health emergency determined under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster; and (II) for activities determined appropriate by the Secretary to improve preparedness and response to protect human health for all populations in any public health emergency determined under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster. (ii) Availability Amounts appropriated to the Public Health Emergency Fund under subparagraph (B) shall remain available for the uses described in this subparagraph so long as any public health emergency is determined under subsection (a) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, and the determination for any such emergency has not terminated under such subsection. (iii) Authority In expending funds appropriated under subparagraph (B) and carrying out activities under this subparagraph, the Secretary shall have the authority to— (I) transfer funds and enter into contracts; (II) utilize flexible hiring mechanisms, including direct hiring authority and personal service contracts; exemptions from certain administrative restrictions (such as travel, information technology, printing and supplies); motor vehicle authority; and flexible compensation for responders, including overtime and danger pay; and (III) utilize flexible transaction mechanisms. . (b) Exemption of the Public Health Emergency Fund from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting Public Health Emergency Fund (009–91–9913). after the item relating to Postal Service Fund (18–4020–0–3–372). . (2) Application The amendment made by paragraph (1) shall apply to any sequestration order issued under such Act on or after the date of enactment of this section. (c) GAO reports (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with relevant Federal, State, and local government entities, shall prepare and submit to the appropriate committees of Congress, a report— (A) reviewing the capacity of the United States public health system, including the public health workforce, to respond effectively to infectious disease outbreaks; (B) identifying areas of potential improvement in coordination between Federal, State, and local government entities to respond more effectively to infectious disease outbreaks; (C) making recommendations on how to provide or allocate most effectively resources for public health emergency response, specifically considering how to utilize most effectively the emergency fund established under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); and (D) containing an audit of how funds for public health emergencies have been expended within the 2 years preceding the date of the report. (2) Post-emergency report (A) In general Not later than 6 months after the termination of a determination of a public health emergency under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) that is an infectious disease outbreak, a bioterrorist attack, or a disaster, the Comptroller General of the United States shall review response efforts by Federal, State, and local government entities, as well as any other relevant entities engaged in response efforts, and submit a report to the appropriate committees of Congress to determine— (i) the compliance of such efforts with best practices identified in the report under paragraph (1); (ii) the effectiveness of such best practices; (iii) the cost of such efforts; (iv) the areas of potential continued improvement in coordination between Federal, State, and local government entities to respond more effectively to infectious disease outbreaks; and (v) how to incorporate additional best practices which may be incorporated in future response efforts. (B) Audit The report under subparagraph (A) shall include an audit indicating how funds used for public health emergencies determined under section 319 of the Public Health Service Act have been expended during the 2 years preceding the submission of the report under such subparagraph. 3. Applicability Nothing in this Act, or an amendment made by this Act, shall affect the applicability of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) or the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 et seq. ) in the case of a public health emergency. | https://www.govinfo.gov/content/pkg/BILLS-117s2467is/xml/BILLS-117s2467is.xml |
117-s-2468 | II 117th CONGRESS 1st Session S. 2468 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, and for other purposes.
1. Short title This Act may be cited as the American Shores Protection Act . 2. Moratorium on oil and gas leasing off the coasts of the States of Florida, Georgia, and South Carolina Section 104 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking June 30, 2022 and inserting June 30, 2032 ; (B) in paragraph (2), by striking or after the semicolon; (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or (5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph). ; and (2) by adding at the end the following: (d) Effect on certain leases The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. (e) Environmental exceptions Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection. . | https://www.govinfo.gov/content/pkg/BILLS-117s2468is/xml/BILLS-117s2468is.xml |
117-s-2469 | II 117th CONGRESS 1st Session S. 2469 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Braun (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL Establishing appropriate thresholds for certain budget points of order in the Senate, and for other purposes.
1. Short title This Act may be cited as the Make Rules Matter Act . 2. Thresholds for budget points of order (a) Threshold for point of order against emergency designations (1) Definition In this subsection, the term emergency designation point of order means a point of order raised under— (A) section 314(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 645(e) ); (B) section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g)(3) ); or (C) section 4112(e) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. (2) Waiver In the Senate, an emergency designation point of order may be waived or suspended only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. (3) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on an emergency designation point of order. (b) Threshold for large budget impact for certain Congressional Budget Act of 1974 points of order (1) In general A point of order described in paragraph (3) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (2) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order described in paragraph (3). (3) Description of large budget impact A point of order described in this paragraph is a point of order under section 302(f)(2) or 311(a)(2)(A) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(f)(2) , 642(a)(2)(A)) against legislation that would, within the time periods applicable to the point of order, as determined by the Chairman of the Committee on the Budget of the Senate, cause budget authority or outlays to exceed the applicable allocation, suballocation, level, or aggregate by more than $5,000,000,000. (c) De minimis budget impact For a violation for which the absolute value of the violation is not more than $500,000, a point of order shall not lie— (1) under the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 et seq. ) (except for a point of order under section 302 or 311 of such Act ( 2 U.S.C. 633 , 642)); or (2) under any concurrent resolution on the budget. (d) Threshold for increasing short-Term deficits (1) Reduction in net increase in the deficit In the Senate, section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, shall be applied by substituting $1,000,000,000 for $10,000,000,000 . (2) Waiver and appeal for large budget impact in the Senate (A) Waiver In the Senate, section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, may be waived or suspended by the affirmative vote of two-thirds of the Members, duly chosen and sworn, if the net increase in the deficit in any fiscal year exceeds $10,000,000,000. (B) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, if the net increase in the deficit in any fiscal year exceeds $10,000,000,000. (e) Threshold for increasing long-Term deficits (1) Reduction in net increase in the deficit In the Senate, subsections (a) and (b)(1) of section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall each be applied by substituting $1,000,000,000 for $5,000,000,000 . (2) Waiver and appeal for large budget impact in the Senate (A) Waiver In the Senate, section 3101(b)(1) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, may be waived or suspended by the affirmative vote of two-thirds of the Members, duly chosen and sworn, if the net increase in on-budget deficits in any 10-fiscal-year period exceeds $10,000,000,000. (B) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under section 3101(b)(1) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, if the net increase in on-budget deficits in any 10-fiscal-year period exceeds $10,000,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s2469is/xml/BILLS-117s2469is.xml |
117-s-2470 | II 117th CONGRESS 1st Session S. 2470 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit Federal funding for educational agencies and schools whose students do not read certain foundational texts of the United States and are not able to recite those texts or that teach that those texts are products of white supremacy or racism.
1. Short title This Act may be cited as the Love America Act of 2021 . 2. Findings Congress finds the following: (1) Since the founding of the United States, the institutions of the United States of America have set the worldwide standard for promoting democracy, freedom, liberty, and virtue. (2) Increasingly, students across the country are being taught misinformation, including that the principles of the founding of the United States were lies from the start, that the core institutions of the United States are fundamentally racist and designed to propagate racism, and that it is acceptable to impute guilt to present-day individuals based on the color of their skin, rather than the content of their character. (3) The best antidote to misinformation is the truth, which is reflected in the documents relating to the founding of the United States and other artifacts of the United States, including the Declaration of Independence, the Constitution of the United States, and the Pledge of Allegiance. 3. Policy It is the policy of the United States that students in elementary and secondary school should know the truth about the history and documents relating to the founding of the United States, which express the principles that unite the people of the United States, including the Declaration of Independence, the Constitution of the United States, and the Pledge of Allegiance. 4. Definition of educational agency or school In this Act, the term educational agency or school means— (1) an elementary school, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); (2) a secondary school, as defined in such section; (3) a local educational agency, as defined in such section; or (4) a State educational agency, as defined in such section. 5. Restrictions on Federal funds to educational agencies and schools (a) Restriction on Federal funds Notwithstanding any other provision of law, Federal funds shall only be provided to an educational agency or school in which— (1) students in the first grade read and are able to recite the Pledge of Allegiance; (2) students in the fourth grade read the Constitution of the United States and are able to recite its preamble; (3) students in the eighth grade read the Declaration of Independence and are able to recite its preamble; and (4) students in the tenth grade read and are able to identify the Bill of Rights. (b) Restriction on Federal funds for teaching that certain documents are products of white supremacy or racism Notwithstanding any other provision of law, no Federal funds shall be provided to an educational agency or school that teaches that the Pledge of Allegiance, the Declaration of Independence, or the Constitution of the United States is a product of white supremacy or racism. 6. Rule of construction Nothing in this Act shall be construed to limit any right of students guaranteed under the First Amendment to the Constitution of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s2470is/xml/BILLS-117s2470is.xml |
117-s-2471 | II 117th CONGRESS 1st Session S. 2471 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Schatz (for himself, Ms. Collins , Mr. Young , Mr. Leahy , Mr. Cassidy , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a community disaster assistance fund for housing and community development and to authorize the Secretary of Housing and Urban Development to provide, from the fund, assistance through a community development block grant disaster recovery program, and for other purposes.
1. Short title This Act may be cited as the Reforming Disaster Recovery Act . 2. Findings Congress finds that— (1) following a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the subset of communities that are most impacted and distressed as a result of the disaster face critical social, economic, and environmental obstacles to recovery, including insufficient public and private resources to address disaster-related housing and community development needs for lower income households and distressed communities; (2) unmet disaster recovery needs, including housing assistance needs, can be especially widespread among persons with extremely low, low, and moderate incomes; (3) economic, social, and housing hardships that affect communities before disasters are exacerbated during crises and can delay and complicate long-term recovery, especially after catastrophic major disasters; (4) States, units of local government, and Indian Tribes within the most impacted and distressed areas resulting from major disasters benefit from flexibility to design programs that meet local needs, but face inadequate financial, technical, and staffing capacity to plan and carry out sustained recovery, restoration, and mitigation activities; (5) the speed and effectiveness considerations of long-term recovery from catastrophic major disasters is improved by predictable investments that support disaster relief, long-term recovery, restoration of housing and infrastructure, and economic revitalization, primarily for the benefit of low- and moderate-income persons; (6) undertaking activities that mitigate the effects of future natural disasters and extreme weather and increase the stock of affordable housing, including affordable rental housing, as part of long-term recovery can significantly reduce future fiscal and social costs, especially within high-risk areas, and can help to address outstanding housing and community development needs by creating jobs and providing other economic and social benefits within communities that further promote recovery and resilience; and (7) the general welfare and security of the nation and the health and living standards of its people require targeted resources to support State and local governments in carrying out their responsibilities in disaster recovery and mitigation through interim and long-term housing and community development activities that primarily benefit persons of low and moderate income. 3. Definitions In this Act: (1) Department The term Department means the Department of Housing and Urban Development. (2) Fund The term Fund means the Long-Term Disaster Recovery Fund established under section 5. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. 4. Duties of the Department of Housing and Urban Development (a) In general The offices and officers of the Department shall be responsible for— (1) leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework; (2) coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (3) supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households; (4) collaborating with the Federal Emergency Management Agency, the Small Business Administration, and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs; (5) promoting best practices in mitigation and land use planning, including consideration of traditional, natural, and nature-based infrastructure alternatives; (6) coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) that demonstrate capacity constraints; and (7) supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery, and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies. (b) Establishment of the Office of Disaster Management and Resiliency Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following: (i) Office of Disaster Management and Resiliency (1) Establishment There is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency. (2) Duties The Office of Disaster Management and Resiliency shall— (A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and (B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities. . 5. Long-Term Disaster Recovery Fund (a) Establishment There is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund. (b) Deposits, transfers, and credit (1) In general The Fund shall consist of amounts appropriated, transferred, and credited to the Fund. (2) Transfers The following may be transferred to the Fund: (A) Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(c)(4) ) as a result of actions taken under section 104(e), 111, or 123(j) of such Act. (B) Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund in any Act prior to the establishment of the Fund. (3) Use of transferred amounts Amounts transferred to the Fund shall be used for the eligible uses described in subsection (c). (c) Eligible uses of fund (1) In general Amounts in the Fund shall be available— (A) to provide assistance in the form of grants under section 123 of the Housing and Community Development Act of 1974, as added by section 6; and (B) for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, capacity building and technical assistance (including assistance related to pre-disaster planning), and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster. (2) Set aside Of each amount appropriated for or transferred to the Fund, 2 percent shall be made available for activities described in paragraph (1)(B), which shall be in addition to other amounts made available for those activities. (3) Transfer of funds Amounts made available for use in accordance with paragraph (2)— (A) may be transferred to the account under the heading for Program Offices—Community Planning and Development , or any successor account, for the Department to carry out activities described in paragraph (1)(B); and (B) may be used for the activities described in paragraph (1)(B) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) in any Act before the establishment of the Fund. (d) Interchangeability of prior administrative amounts Any amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices Salaries and Expenses—Community Planning and Development , or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts. (e) Availability of amounts Amounts appropriated, transferred and credited to the Fund shall remain available until expended. (f) Formula allocation Use of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 123(a) of the Housing and Community Development Act of 1974, as added by section 6. (g) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 ) for grants under section 123 of the Housing and Community Development Act of 1974, as added by section 6. 6. Establishment of CDBG disaster recovery program Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended— (1) in section 102(a) ( 42 U.S.C. 5302(a) )— (A) in paragraph (20)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A) ; and (iii) by inserting after subparagraph (A) the following: (B) The term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the Secretary under section 3(b)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2)(C) ), except that the Secretary may provide alternative definitions for the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa. ; and (B) by adding at the end the following: (25) The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). ; (2) in section 106(c)(4) ( 42 U.S.C. 5306(c)(4) )— (A) in subparagraph (A)— (i) by striking declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ; (ii) inserting States for use in nonentitlement areas and to before metropolitan cities ; and (iii) inserting major after affected by the ; (B) in subparagraph (C)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; (ii) by striking city or county and inserting State, city, or county ; and (iii) by inserting major before disaster ; (C) in subparagraph (D), by striking metropolitan cities and and inserting States, metropolitan cities, and ; (D) in subparagraph (F)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; and (ii) by inserting major before disaster ; and (E) in subparagraph (G), by striking metropolitan city or and inserting State, metropolitan city, or ; and (3) in section 122 ( 42 U.S.C. 5321 ), by striking disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and inserting major disaster ; and (4) by adding at the end the following: 123. Community development block grant disaster recovery program (a) Authorization, formula, and allocation (1) Authorization The Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 5 of the Reforming Disaster Recovery Act (hereinafter referred to as the Fund ) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster. (2) Grant awards Grants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations Grants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice (A) In general Not later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment In the notice issued under subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be no more than 30 percent of the total estimate of unmet needs. (5) Regulations (A) In general The Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements The formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance, or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas; (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold The Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation Until such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds (A) In general The Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation If amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts If additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding (A) In general To speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula in paragraph (4) or (5). (B) Amount (i) Maximum The Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale The Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds The uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding Preliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of paragraph (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver To expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive requirements of this section in accordance with subsection (i). (F) Amended award (i) In general An award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability Notwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (h)(1) and (f)(1) and other requirements on grant funds under this section. (G) Technical assistance Concurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant. (b) Interchangeability The Secretary— (1) is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a); and (2) shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (c) Grantee plans (1) Requirement Not later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas; (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (E) the estimated amount proposed to be used for activities that will benefit persons of low and moderate income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (5); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation To permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval The Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit (A) Use of funds Not less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income residents have been addressed; and (ii) issues a waiver and alternative requirements pursuant to subsection (i) to lower the percentage. (B) Regulations The Secretary shall, by regulation, establish protocols consistent with the findings of section 2 of the Reforming Disaster Recovery Act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income. (5) Prioritization The grantee shall prioritize activities that— (A) assist persons with extremely low, low, and moderate incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation (A) In general A grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities With respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and federally subsidized housing. (7) Disaster risk mitigation (A) Definition In this paragraph, the term hazard-prone areas — (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ) or the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (B) Hazard-prone areas The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards For the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) ). (D) Consideration of future risks The Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation (A) In general The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers and alternative requirements authorized in accordance with subsection (i). (B) Policy Each grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation. (d) Certifications Any grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian tribes, within 24 months of receiving a grant or at the time of its 3- or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7). (e) Performance reviews and reporting (1) In general The Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets The Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets (A) Suspension If a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan If the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report If a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting (A) Requirement to report A grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability Subject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by income, geography, and all classes of individuals protected under section 109. (C) Summary status reports To increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations In carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections. (f) Eligible activities (1) In general Activities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition Grant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning (A) In general The Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income Notwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities (A) In general Grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability The prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements Grants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers and alternative requirements in accordance with subsection (i). (g) Environmental review (1) Adoption A recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review, approval, or permit under section 104(g)(1). (2) Approval of release of funds Notwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Units of general local government The provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government. (h) Financial controls and procedures (1) In general The Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification Before making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits (A) In general Funds made available under this subsection shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254 ), and such rules as may be prescribed under such section 312. (B) Penalties In any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply A grantee that fails to comply with subparagraph (A) shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions. (i) Waivers (1) In general In administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 2 of the Reforming Disaster Recovery Act . (2) Effective date A waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification The Secretary shall notify the public of all waivers described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) ). (j) Unused amounts (1) Deadline to use amounts A grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture The Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds Notwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds The Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension. . 7. Regulations (a) Proposed rules Following consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules. (b) Final rules Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 123 of the Housing and Community Development Act of 1974, as added by section 6. 8. Coordination of disaster recovery assistance, benefits, and data with other Federal agencies (a) Coordination of disaster recovery assistance In order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 123 of the Housing and Community Development Act of 1974, as added by section 6. (b) Data sharing agreements To support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property. (c) Data transfer from FEMA and SBA to HUD As permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under subsection (f)(1), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits. (d) Data transfers from HUD to HUD grantees The Secretary is authorized to provide to grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 6, offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies. (e) Data transfers from HUD grantees to HUD, FEMA, and SBA (1) Reporting Grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 6, shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided. (2) Sharing information The Secretary shall share information collected under paragraph (1) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance. (f) Privacy protection The Secretary may make and receive data transfers authorized under this section, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that— (1) the Secretary enters a computer matching agreement with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data; (2) the Secretary publishes intent to disclose data in the Federal Register; (3) notwithstanding paragraphs (1) and (2), section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), or any other law, the Secretary is authorized to share data with an entity identified in subsection (d), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall— (A) in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and (B) include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement. | https://www.govinfo.gov/content/pkg/BILLS-117s2471is/xml/BILLS-117s2471is.xml |
117-s-2472 | II 117th CONGRESS 1st Session S. 2472 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Blumenthal (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the non-consensual release of claims by States, municipalities, federally recognized Tribes, or the United States against non-debtors, and for other purposes.
1. Short title This Act may be cited as the Stop shielding Assets from Corporate Known Liability by Eliminating non-debtor Releases Act or the SACKLER Act . 2. Non-debtor releases (a) Prohibition on certain non-Debtor releases Section 105(b) of title 11, United States Code, is amended by striking a court may not and all that follows, and inserting the following: a court may not— (1) appoint a receiver in a case under this title; or (2) except as provided by section 524(g) of this title, enjoin or release a claim against a non-debtor by a State, municipality, federally recognized Tribe, or the United States. . (b) Temporary stay on actions against non-Debtors Section 105 of title 11, United States Code, is amended by adding at the end the following: (e) Notwithstanding subsection (b)(2), a court may issue an order staying, for a period not to exceed 90 days, the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding by a State, municipality, federally recognized Tribe, or the United States against a non-debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against a non-debtor that arose before the commencement of the case under this title. . | https://www.govinfo.gov/content/pkg/BILLS-117s2472is/xml/BILLS-117s2472is.xml |
117-s-2473 | II 117th CONGRESS 1st Session S. 2473 IN THE SENATE OF THE UNITED STATES July 26, 2021 Ms. Rosen (for herself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide grants for the construction, improvement, and acquisition of middle mile infrastructure.
1. Short title This Act may be cited as the Middle Mile Broadband Deployment Act . 2. Enabling middle mile broadband infrastructure (a) Definitions In this section: (1) Anchor institution The term anchor institution means a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity. (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (3) Commission The term Commission means the Federal Communications Commission. (4) Eligible entity The term eligible entity means— (A) a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning counsel, Native entity, or economic development authority; or (B) a partnership of 2 or more entities described in subparagraph (A). (5) FCC fixed broadband map The term FCC fixed broadband map means the map created by the Commission under section 802(c)(1)(B) of the Communications Act of 1934 ( 47 U.S.C. 642(c)(1)(B) ). (6) 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 ). (7) Interconnect The term interconnect means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions. (8) Internet exchange facility The term internet exchange facility means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks. (9) Middle mile infrastructure The term middle mile infrastructure — (A) means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and (B) includes— (i) leased dark fiber, interoffice transport, backhaul, internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services; and (ii) wired or private wireless broadband infrastructure, including microwave capacity, radio tower access, and other services or infrastructure for a private wireless broadband network, such as towers, fiber, and microwave links. (10) Middle mile grant The term middle mile grant means a grant awarded under subsection (c). (11) Native entity The term Native entity means— (A) an Indian Tribe; (B) an Alaska Native Corporation; (C) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )); (D) the Department of Hawaiian Home Lands; and (E) the Office of Hawaiian Affairs. (12) State The term State has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (13) Submarine cable landing station The term submarine cable landing station means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regulation), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled An Act relating to the landing and operation of submarine cables in the United States , approved May 27, 1921 ( 47 U.S.C. 34 ) (commonly known as the Cable Landing Licensing Act ). (14) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (15) Trust land The term trust land has the meaning given the term in section 3765 of title 38, United States Code. (16) Underserved The term underserved , with respect to an area, means an area— (A) that is designated as a Tribally underserved area through the process described in subsection (g); or (B) that— (i) is of a standard size not larger than a census block, as established by the Commission; (ii) is not an unserved area; and (iii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with— (I) except as provided in subclause (II)— (aa) a download speed of not less than 100 megabits per second; and (bb) an upload speed of not less than 20 megabits per second; or (II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under subclause (I). (17) Unserved The term unserved , with respect to an area, means an area— (A) that is designated as a Tribally underserved area through the process described in subsection (g); or (B) that— (i) is of a standard size not larger than a census block, as established by the Commission; and (ii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service— (I) except as provided in subclause (II)— (aa) a download speed of not less than 25 megabits per second; and (bb) an upload speed of not less than 3 megabits per second; or (II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under subclause (I). (b) Purpose; sense of Congress (1) Purpose The purposes of this section are— (A) to encourage the expansion and extension of middle mile infrastructure to reduce the cost of connecting unserved and underserved areas to the backbone of the internet (commonly referred to as the last mile ); and (B) to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network. (2) Sense of Congress It is the sense of Congress that— (A) in awarding middle mile grants, the Assistant Secretary should give priority to— (i) projects that leverage existing rights-of-way, assets, and infrastructure to minimize financial, regulatory, and permitting challenges; (ii) projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions, including Tribal anchor institutions; and (iii) projects that— (I) improve the redundancy and resiliency of existing middle mile infrastructure, including those projects that facilitate interconnection with existing infrastructure, including add/drop capabilities at existing amplification sites and the ability to add splice cases with adequate fiber slack to build laterals that support future carrier-neutral interconnection facilities and connections to anchor institutions; and (II) reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure; and (B) a regulated utility should use funds received from a middle mile grant as a supplement to the core utility capital investment plan of the regulated utility to— (i) facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure; or (ii) provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities. (c) Middle mile grants The Assistant Secretary shall establish a program under which the Assistant Secretary makes grants on a technology-neutral, competitive basis to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure. (d) Applications for grants (1) In general The Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection. (2) Evaluation of applications In establishing an application process for middle mile grants under paragraph (1), the Assistant Secretary shall give priority to an application from an eligible entity that satisfies 2 or more of the following conditions: (A) The eligible entity adopts fiscally sustainable middle mile strategies. (B) The eligible entity commits to offering non-discriminatory interconnect to terrestrial and wireless last mile broadband providers and any other party making a bona fide request. (C) The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have— (i) expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity; and (ii) demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause (i). (D) The eligible entity has identified supplemental investments or in-kind support (such as waived franchise or permitting fees) that will accelerate the completion of the planned project. (E) The eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the United States and the Department of Defense. (3) Grant application competence The Assistant Secretary shall include in the application process established under paragraph (1) a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network. (e) Eligibility (1) Prioritization To be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to prioritize— (A) connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas; (B) connecting non-contiguous trust lands; or (C) the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis. (2) Buildout timeline Subject to paragraph (5), to be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle mile infrastructure described in the application by not later than 5 years after the date on which amounts from the grant are made available to the eligible entity. (3) Project eligibility requirements (A) Capability to support retail broadband service A project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network— (i) will be capable of supporting retail broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria, as the Assistant Secretary shall determine; and (ii) will be able to easily scale speeds over time to— (I) meet the evolving connectivity needs of households, businesses, and anchor institutions; and (II) support the deployment of 5G, successor wireless technologies, and other advanced services. (B) Mapping data (i) Use of most recent data In mapping out gaps in broadband coverage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources: (I) The FCC fixed broadband map. (II) The State in which the area that will be served by the middle mile infrastructure is located, or the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable). (III) Speed and usage surveys of existing broadband service that— (aa) demonstrate that more than 25 percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved; and (bb) are conducted by— (AA) the eligible entity; (BB) the State in which the area that will be served by the middle mile infrastructure is located; or (CC) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable). (ii) Sharing facility locations (I) Definition In this clause, the term covered recipient , with respect to an eligible entity, means— (aa) the Assistant Secretary; (bb) the Commission; (cc) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable); and (dd) the State broadband office for the State in which the area that will be served by the middle mile infrastructure is located. (II) Provision of information Subject to subclauses (III) and (IV), an eligible entity that constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure. (III) Format An eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary. (IV) Protection of information (aa) In general The information provided by an eligible entity under subclause (II) may only be used for purposes of carrying out the grant program under subsection (c) and any reporting related thereto. (bb) Legal defenses (AA) In general A covered recipient may not receive information under subclause (II) unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any Federal, State, or local public disclosure law. (BB) Rule of construction Nothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity. (C) Connection to anchor institutions To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall— (i) ensure that the proposed middle mile broadband network will be capable of providing broadband to an anchor institution at a speed of not less than— (I) 1 gigabit per second for downloads; and (II) 1 gigabit per second for uploads to an anchor institution; and (ii) include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle mile infrastructure. (D) Interconnection and nondiscrimination (i) In general An eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties. (ii) Nature of interconnection The interconnection required to be offered under clause (i) includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic. (iii) Inclusion in application An applicant for a middle mile grant shall disclose the applicant's proposed interconnection, nondiscrimination, and network management practices in the application submitted through the process established under subsection (d). (4) Accountability The Assistant Secretary shall— (A) establish sufficient transparency, accountability, reporting, and oversight measures for the grant program established under subsection (c) to deter waste, fraud, and abuse of program funds; and (B) establish— (i) buildout requirements for each eligible entity that receives a middle mile grant, which shall require the completion of a certain percentage of project miles by a certain date; and (ii) penalties, which may include rescission of funds, for grantees that do not meet requirements described in clause (i) or the deadline under paragraph (2). (5) Extensions (A) In general At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under paragraph (2) by not more than 1 year if the eligible entity certifies that— (i) the eligible entity has a plan for use of the middle mile grant; (ii) the project to build out middle mile infrastructure is underway; or (iii) extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure. (B) Effect on interim buildout requirements If the Assistant Secretary grants an extension under subparagraph (A), the Assistant Secretary shall modify any buildout requirements established under paragraph (4)(B)(i) as necessary. (f) Federal share The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost. (g) Special rules for Tribal governments (1) Waivers; alternative requirements The Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative requirements for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary— (A) for the effective delivery and administration of middle mile grants to Tribal governments; or (B) the construction, improvement, or acquisition of middle mile infrastructure on trust land. (2) Tribally unserved areas; Tribally underserved areas The Assistant Secretary, in consultation with Tribal governments and Native entities, shall develop a process for designating Tribally unserved areas and Tribally underserved areas for purposes of this section. (h) Maintenance of standards Section 602 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3212 ) shall apply to any entity that receives assistance, whether directly or indirectly, under any program— (1) that pertains to deploying broadband service; and (2) for which the Assistant Secretary has administrative responsibility as provided by law or by delegation of authority pursuant to law. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000,000 for fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s2473is/xml/BILLS-117s2473is.xml |
117-s-2474 | II 117th CONGRESS 1st Session S. 2474 IN THE SENATE OF THE UNITED STATES July 26, 2021 Mr. Cotton (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the use of funds made available under the American Rescue Plan Act of 2021 to purchase communications equipment or services that pose a national security risk.
1. Short title This Act may be cited as the American Telecommunications Security Act . 2. Prohibition on use of funds to purchase communications equipment or services posing national security risk (a) In general The American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4) is amended by adding at the end the following: XII National security restrictions on use of funds 12001. Prohibition on use of funds to purchase communications equipment or services posing national security risk None of the funds made available under this Act or an amendment made by this Act may be used to purchase any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 ). . (b) Technical and conforming amendment The table of contents in section 2 of the American Rescue Plan Act of 2021 is amended by adding at the end the following: Title XII—National security restrictions on use of funds Sec. 12001. Prohibition on use of funds to purchase communications equipment or services posing national security risk. . | https://www.govinfo.gov/content/pkg/BILLS-117s2474is/xml/BILLS-117s2474is.xml |
117-s-2475 | II 117th CONGRESS 1st Session S. 2475 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Crapo (for himself, Mr. Whitehouse , Mr. Barrasso , Mr. Bennet , Mr. Risch , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide investment and production tax credits for emerging energy technologies, and for other purposes.
1. Short title This Act may be cited as the Energy Sector Innovation Credit Act of 2021 . 2. Findings Congress finds the following: (1) Promising energy resources with zero or very low market penetration often face significant incumbency disadvantages as they establish a foothold, including suboptimal resource location relative to existing grid infrastructure and the lack of economies of scale. (2) Energy sector innovation can confer numerous benefits to jobs and the economy, the environment and climate, and the general social welfare. (3) Energy sector innovation can come in numerous forms, not all of which are readily quantifiable, including— (A) diversifying and increasing the Nation’s energy generation portfolio and energy security, (B) improving the dispatchability and reliability of energy generation; and (C) improving energy efficiency, emissions reductions, or other markers of performance. 3. Investment credit for emerging energy technology (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: 48D. Emerging energy technology credit (a) Establishment of credit For purposes of section 46, the emerging energy technology credit for any taxable year is an amount equal to the applicable percentage (as determined under subsection (c)) of the basis of any qualified emerging energy property placed in service by the taxpayer during such taxable year. (b) Qualified emerging energy property (1) In general The term qualified emerging energy property means property which is constructed, reconstructed, erected, or acquired by the taxpayer, and the original use of which commences with the taxpayer, which is— (A) a qualified production facility (as defined in section 45U(d)), (B) carbon capture equipment, or (C) energy storage technology. (2) Carbon capture equipment (A) In general For purposes of this section, the term carbon capture equipment means property which contains equipment that can separate and capture qualified carbon oxide (as defined in section 45Q(c)) and is placed in service at, and used in connection with, a facility— (i) which satisfies the requirements under section 45Q(d)(2), and (ii) which is— (I) an electric generating facility which— (aa) was originally placed in service before such property, and (bb) is a point source of air pollutants, (II) a manufacturing or industrial facility— (aa) which was originally placed in service before such property, (bb) which is a point source of air pollutants, and (cc) for which such property is primarily used to capture qualified carbon oxide (as defined in section 45Q(c)) which would otherwise be released into the atmosphere as a result of— (AA) the production of ammonia, helium, or ethanol at such facility, or (BB) the processing of natural gas at such facility, or (III) a manufacturing or industrial facility described in subclause (II) for which item (cc) of such subclause does not apply. (B) Direct air capture (i) In general For purposes of this section, the term carbon capture equipment shall include any direct air capture facility which can capture not less than 5,000 metric tons of qualified carbon oxide (as defined in section 45Q(c)) annually. (ii) Direct air capture facility The term direct air capture facility has the same meaning given such term under section 45Q(e)(1) (as in effect on the date of enactment of this section). (C) Rules regarding capture of carbon oxide With respect to any qualified carbon oxide captured using property described in subparagraph (A) or (B), the taxpayer shall physically or contractually ensure the disposal, utilization, or use of such qualified carbon oxide in a manner consistent with the requirements under section 45Q. (3) Energy storage technology For purposes of this section, the term energy storage technology means stationary equipment which— (A) is capable of absorbing energy, storing energy for a period of time, and dispatching the stored energy using batteries, compressed air, pumped hydropower, thermal energy storage, liquid air, regenerative fuel cells, flywheels, capacitors, superconducting magnets, stacked objects, or other technologies identified by the Secretary, in consultation with the Secretary of Energy, and (B) has a capacity of not less than 1 megawatt. (4) Application with other credits (A) In general The term qualified emerging energy property shall not include any property for which, for the taxable year or any prior taxable year— (i) electricity produced from such property is taken into account for purposes of the credit allowed under section 45, 45J, or 45U, (ii) qualified carbon oxide captured by such property is taken into account for purposes of the credit allowed under section 45Q, (iii) the basis of such property is taken into account for purposes of the credit allowed under section 48, 48A, 48B, or 48C, or (iv) hydrogen produced from such property is taken into account for purposes of the credit allowed under section 45V. (B) Denial of double benefit With respect to any section described in clause (i), (ii), (iii), or (iv) of subparagraph (A), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year. (C) Additional rule Subparagraphs (A)(ii) and (B) shall not apply for purposes of the credit allowed under this section or section 45Q with respect to any qualified carbon oxide captured using property described in subparagraph (A) or (B) of paragraph (2) if such carbon oxide is disposed of in a manner consistent with section 45Q(a)(3)(B). (c) Applicable percentages (1) Qualified Production Facilities In the case of any qualified production facility which satisfies the requirements for— (A) a tier 1 facility (as described in clause (i) of section 45U(b)(2)(A)), the applicable percentage shall be 40 percent, (B) a tier 2 facility (as described in clause (ii) of such section), the applicable percentage shall be 30 percent, (C) a tier 3 facility (as described in clause (iii) of such section), the applicable percentage shall be 20 percent, and (D) a tier 4 facility (as described in clause (iv) of such section), the applicable percentage shall be 10 percent. (2) Carbon capture equipment (A) In general With respect to carbon capture equipment, the applicable percentage shall be— (i) in the case of tier 1 equipment, 40 percent, (ii) in the case of tier 2 equipment, 30 percent, (iii) in the case of tier 3 equipment, 20 percent, (iv) in the case of tier 4 equipment, 10 percent, and (v) in the case of any other such equipment, zero percent. (B) Equipment tiers (i) In general For purposes of this paragraph— (I) Tier 1 equipment The term tier 1 equipment means any carbon capture equipment for which the market penetration level for the calendar year preceding the calendar year in which construction of such equipment began is less than 0.75 percent. (II) Tier 2 equipment The term tier 2 equipment has the same meaning given the term tier 1 equipment under subclause (I), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent . (III) Tier 3 equipment The term tier 3 equipment has the same meaning given the term tier 1 equipment under subclause (I), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent . (IV) Tier 4 equipment The term tier 4 equipment has the same meaning given the term tier 1 equipment under subclause (I), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent . (ii) Market penetration level For purposes of this subparagraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of— (I) the amount (expressed as a percentage) equal to the quotient of— (aa) the total amount (expressed in metric tons) of carbon oxide captured and disposed of, used, or utilized in a manner consistent with the requirements under section 45Q by carbon capture equipment within the United States during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration and the Environmental Protection Agency), divided by (bb) the total amount of greenhouse gas emissions in the United States (expressed in metric tons of CO2-e) during the most recent calendar year ending prior to the date of enactment of this section for which such data is available to the Administrator of the Environmental Protection Agency, or (II) the amount determined under this clause for the preceding calendar year. (C) Division of equipment for purposes of determining tier For purposes of determining the applicable tier for any carbon capture equipment under subparagraph (B), such subparagraph shall be applied separately (and the total amount of carbon oxide captured by such equipment shall be determined separately) with respect to— (i) any such equipment described in subclause (I) of subsection (b)(2)(A)(ii), (ii) any such equipment described in subclause (II) of such subsection, (iii) any such equipment described in subclause (III) of such subsection, and (iv) any such equipment described in subparagraph (B) of subsection (b)(2). (D) Determination of tier For purposes of this paragraph, the determination as to whether any carbon capture equipment qualifies as a tier 1, 2, 3, or 4 equipment shall be made— (i) during the year in which construction of such equipment begins (as determined under rules similar to the rules in section 45U(e)), and (ii) based on the determinations included in report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year. (E) Reporting The Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for any carbon capture equipment (as determined separately for such equipment pursuant to subparagraph (C)). (3) Energy storage technology (A) In general With respect to energy storage technology, the applicable percentage shall be— (i) in the case of tier 1 technology, 40 percent, (ii) in the case of tier 2 technology, 30 percent, (iii) in the case of tier 3 technology, 20 percent, (iv) in the case of tier 4 technology, 10 percent, and (v) in the case of any other such technology, zero percent. (B) Technology tiers (i) In general For purposes of this paragraph— (I) Tier 1 technology The term tier 1 technology means any energy storage technology for which the market penetration level for the calendar year preceding the calendar year in which construction of such technology began is less than 0.75 percent. (II) Tier 2 technology The term tier 2 technology has the same meaning given the term tier 1 technology under subclause (I), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent . (III) Tier 3 technology The term tier 3 technology has the same meaning given the term tier 1 technology under subclause (I), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent . (IV) Tier 4 technology The term tier 4 technology has the same meaning given the term tier 1 technology under subclause (I), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent . (ii) Market penetration level For purposes of this subparagraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of— (I) the amount (expressed as a percentage) equal to the quotient of— (aa) the total nameplate capacity (expressed in megawatts) of energy storage technology in operation within the United States at the beginning of such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by (bb) the total domestic electricity production nameplate capacity (expressed in megawatts) at the close of such year, or (II) the amount determined under this clause for the preceding calendar year. (C) Division of technology for purposes of determining tier (i) In general For purposes of determining the applicable tier for any energy storage technology under subparagraph (B), such subparagraph shall be applied separately (and the total capacity of such technology shall be determined separately) with respect to— (I) any such technology which is lithium-ion based, (II) any such technology which uses pumped hydropower, (III) any such technology which— (aa) is not described in subclause (I) or (II), and (bb) is classified as short-duration storage under clause (ii), and (IV) any such technology which— (aa) is not described in subclause (I) or (II), and (bb) is classified as long-duration storage under clause (ii). (ii) Classification The Secretary of Energy (in consultation with the Secretary) shall issue such regulations or other guidance as the Secretary of Energy determines necessary or appropriate to define the terms short-duration storage and long-duration storage for purposes of classifying energy storage technology under clause (i). (D) Determination of tier For purposes of this paragraph, the determination as to whether any energy storage technology qualifies as a tier 1, 2, 3, or 4 technology shall be made— (i) during the year in which construction of such technology begins (as determined under rules similar to the rules in section 45U(e)), and (ii) based on the determinations included in report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year. (E) Reporting The Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for any energy storage technology (as determined separately for such technology pursuant to subparagraph (C)). (d) Special rules (1) Certain qualified progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (2) Transfer of credit (A) In general If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this paragraph for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (B) Eligible project partner (i) In general For purposes of this paragraph, the term eligible project partner means, with respect to any qualified emerging energy property, any person who— (I) has an ownership interest in such property, (II) provided equipment for or services in the construction of such property, (III) provides electric transmission or distribution services for such property, (IV) purchases electricity from such property pursuant to a contract, or (V) provides financing for such property. (ii) Financing For purposes of clause (i)(V), any amount paid as consideration for a transfer described in subparagraph (A) shall not be treated as financing for qualified emerging energy property. (C) Deduction for payments in connection with transfer A deduction under part VI of subchapter B shall be allowed in an amount equal to the amount paid by the taxpayer as consideration for a transfer described in subparagraph (A). (D) Taxable year in which credit taken into account In the case of any credit (or portion thereof) with respect to which an election is made under subparagraph (A), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the electing taxpayer’s taxable year with respect to which the credit was determined. (E) Limitations on election (i) Time for election An election under this paragraph to transfer any portion of the credit allowed under subsection (a) shall be made not later than the due date for the return of tax for the electing taxpayer’s taxable year with respect to which the credit was determined. (ii) No further transfers No election may be made under this paragraph by a taxpayer with respect to any portion of the credit allowed under subsection (a) which has been previously transferred to such taxpayer under this paragraph. (F) Treatment of transfer under private use rules For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this paragraph shall not be taken into account as a private business use. (G) Special rules for public property (i) In general If, with respect to a credit under subsection (a) for any taxable year— (I) a qualified public entity would be the taxpayer (but for this subparagraph), and (II) such entity elects the application of subparagraph (A) for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the qualified public entity, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (ii) Qualified public entity For purposes of this subparagraph, the term qualified public entity means— (I) any State or local government, or a political subdivision thereof, or (II) an Indian tribal government. (H) Property used by certain tax-exempt organizations and governmental units In the case of a taxpayer making an election under this paragraph, the credit subject to such an election shall be determined notwithstanding— (i) section 50(b)(3), and (ii) in the case of any entity described in section 50(b)(4)(A)(i), section 50(b)(4). (I) Additional election requirements The Secretary may prescribe such regulations as may be appropriate to carry out the purposes of this paragraph, including— (i) rules for determining which persons are eligible project partners with respect to any qualified emerging energy property, and (ii) requiring information to be included in an election under subparagraph (A) or imposing additional reporting requirements. (e) Regulations The Secretary (in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency) shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including rules for reporting— (1) for purposes of paragraph (2)(B)(ii) of subsection (c), the amount of carbon oxide captured by carbon capture equipment, and (2) for purposes of paragraph (3)(B)(ii) of such subsection, the capacity of energy storage technology. . (b) Special rule for proceeds of transfers for mutual or cooperative electric companies Section 501(c)(12)(I) of such Code is amended by inserting or 48D(d)(2) after section 45J(e)(1) . (c) Conforming amendments (1) Section 46 of such Code is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) the emerging energy technology credit. . (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding at the end the following new clause: (vi) the basis of any qualified emerging energy property (as defined in section 48D(b)(1)). . (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: Sec. 48D. Emerging energy technology credit. . (d) Effective date The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 4. Production credit for emerging energy technology (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Electricity produced from emerging energy technology (a) General rule For purposes of section 38, the emerging energy technology production credit determined under this section for any taxable year beginning in the credit period with respect to a qualified production facility of the taxpayer is an amount equal to the applicable percentage of either of the following amounts, as elected by the taxpayer under subsection (g): (1) The annual gross receipts of the taxpayer from the sale of electricity generated at the qualified production facility to an unrelated person (within the meaning of section 45(e)(4)) during such taxable year. (2) An amount equal to the product of— (A) 150 percent of the national average wholesale price of a kilowatt hour of electricity in the calendar year which began 2 years prior to the calendar year in which such taxable year begins, multiplied by (B) the number of kilowatt hours of electricity produced at the qualified production facility and sold to an unrelated person (within the meaning of section 45(e)(4)) during such taxable year. (b) Applicable percentage (1) In general For purposes of subsection (a), the applicable percentage is— (A) in the case of a tier 1 facility, 60 percent, (B) in the case of a tier 2 facility, 45 percent, (C) in the case of a tier 3 facility, 30 percent, (D) in the case of a tier 4 facility, 15 percent, and (E) in the case of any other facility, zero percent. (2) Facility Tiers (A) In general For purposes of this section— (i) Tier 1 facility The term tier 1 facility means any qualified production facility which generates electricity from an individual energy production technology— (I) described in subsection (d)(2)(A), and (II) for which the market penetration level for the calendar year preceding the calendar year in which construction of such facility began is less than 0.75 percent. (ii) Tier 2 facility The term tier 2 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent . (iii) Tier 3 facility The term tier 3 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent . (iv) Tier 4 facility The term tier 4 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent . (B) Market penetration level For purposes of this paragraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of— (i) the amount (expressed as a percentage) equal to the quotient of— (I) the sum of all electricity produced (expressed in terawatt hours) from the individual energy production technology by all qualified production facilities (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by (II) the total domestic power sector electricity production (expressed in terawatt hours) for such calendar year, or (ii) the amount determined under this subparagraph for the preceding calendar year. (C) Construction begins For purposes of this subsection and section 48D, the determination as to whether a facility qualifies as a tier 1, 2, 3, or 4 facility shall be— (i) made during the calendar year in which construction of such facility begins, (ii) based on the determinations included in report described in subparagraph (D)(i)(II) with respect to such calendar year, and (iii) contingent on the taxpayer maintaining a continuous program of construction or continuous efforts to advance towards completion of the facility. (D) Guidance and reports (i) Reports (I) Estimates During the month of December of the calendar year which includes the date of enactment of this section, and during the month of December of each subsequent year, the Secretary of Energy (in consultation with the Secretary) shall publish an annual report which contains estimates with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such calendar year. (II) Final report During the month of February of each calendar year beginning after the date of enactment of this section, the Secretary of Energy (in consultation with the Secretary) shall publish an annual report which provides the final determination with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during the preceding calendar year. (III) Previous years In the case of a facility which began construction during a calendar year preceding the calendar year which includes the date of enactment of this section, for purposes of determining whether such facility qualifies as a tier 1, 2, 3, or 4 facility under subparagraph (C), the Secretary of Energy (in consultation with the Secretary) shall include, as part of the first report described in subclause (II) which is published after the date of enactment of this section, the final determination with respect to the applicable market penetration level and tier for each individual energy production technology described in subsection (d)(2)(A) which has been used to generate electricity by any qualified production facility (as defined in subsection (d)(1), except that subparagraph (D) of such subsection shall not apply) during such preceding calendar years as are determined by the Secretary to be relevant for purposes of the administration of this section. (ii) Classification of energy production technology The Secretary of Energy (in consultation with the Secretary) shall issue such regulations or other guidance (as well as any subsequent updates to such regulations or guidance) as the Secretary of Energy determines necessary or appropriate to ensure that any qualified production facility or technology used for the production of electricity is classified within a single energy production technology for purposes of subsection (d)(2). In the case of any technology used for the production of electricity which may be classified within 2 or more different categories of energy production technology under such subsection, the Secretary of Energy shall make the determination as to the correct category with respect to such technology as rapidly as possible, with such determinations to be included in any report described in clause (i). (iii) National average wholesale price For purposes of determining the amount applicable under subsection (a)(2)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in clause (i) a determination with respect to the national average wholesale price of a kilowatt hour of electricity during such calendar year. (c) Credit period For purposes of this section, the credit period with respect to any qualified production facility is the 10-year period beginning with the date the facility was originally placed in service. (d) Qualified production facility (1) In general For purposes of this section, the term qualified production facility means any electric generating facility which— (A) is located in the United States or a possession of the United States (as such terms are used in section 638), (B) generates electricity using energy production technology, (C) produces such electricity with an emissions rate less than 100g CO2-e per kWh, and (D) is placed in service after the date of enactment of this section. (2) Energy production technology (A) In general For purposes of paragraph (1), each of the following shall be treated as an individual energy production technology: (i) Traditional nuclear fission. (ii) Light water reactor-based advanced nuclear fission. (iii) Non-light water reactor-based advanced nuclear fission. (iv) Nuclear fusion. (v) Concentrating solar thermal power. (vi) Silicon photovoltaic. (vii) Cadmium telluride and copper indium gallium selenide solar. (viii) Emerging photovoltaics. (ix) Enhanced geothermal. (x) Hydrothermal. (xi) Marine energy. (xii) Fixed bottom offshore wind. (xiii) Floating offshore wind. (xiv) Traditional onshore wind. (xv) New onshore wind. (xvi) Coal. (xvii) Natural gas. (xviii) Petroleum. (xix) Open-loop biomass. (xx) Closed-loop biomass. (xxi) Hydropower. (B) Additional specifications (i) Nuclear fission (I) Traditional nuclear fission For purposes of clause (i) of subparagraph (A), the term traditional nuclear fission means any nuclear fission which is not described in subclause (II) or (III). (II) Light water reactor-based advanced nuclear fission For purposes of clause (ii) of such subparagraph, the term light water reactor-based advanced nuclear fission shall include small modular light water reactors. (III) Non-light water reactor-based advanced nuclear fission For purposes of clause (iii) of such subparagraph, the term non-light water reactor-based advanced nuclear fission means any advanced nuclear fission which is not included under clause (ii) of such subparagraph. (ii) Nuclear fusion For purposes of clause (iv) of subparagraph (A), only nuclear fusion for which net power is produced from the fusion reaction shall be included. (iii) Emerging photovoltaics For purposes of clause (viii) of such subparagraph, the term emerging photovoltaics includes perovskite-based and perovskite-enhanced solar, quantum dots, organic photovoltaics, multi-junction tandem devices, and any photovoltaic solar technology not included under clause (vii) of such subparagraph. (iv) Marine energy For purposes of clause (xi) of such subparagraph, the term marine energy has the same meaning given such term under section 632 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 ). (v) Traditional onshore wind For purposes of clause (xiv) of subparagraph (A), the term traditional onshore wind means any energy production technology of a design which is the same as or substantially similar to wind technology that has achieved megawatt scale or larger deployment in the United States as of the date of enactment of this section. (vi) New onshore wind For purposes of clause (xv) of such subparagraph, the term new onshore wind means any energy production technology which is not included in clause (xiv) of such subparagraph. (vii) Open-loop biomass For purposes of clause (xix) of such subparagraph, the term open-loop biomass has the same meaning given such term under section 45(c)(3). (viii) Closed-loop biomass For purposes of clause (xx) of such subparagraph, the term closed-loop biomass has the same meaning given such term under section 45(c)(2). (3) Emissions rate (A) Exclusions For purposes of paragraph (1)(C), the emissions rate shall not include— (i) any emissions which are captured using carbon capture equipment, provided that any carbon oxide captured using such equipment is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q, or (ii) in the case of electricity generated from any fossil fuel, any upstream or fugitive emissions, such as emissions related to the extraction, transportation, storage of such fuel. (B) Lifecycle analysis For purposes of paragraph (1)(C), in the case of any facility which generates electricity through combustion of a non-fossil fuel, the emissions rate shall be determined based on a lifecycle analysis. (4) Application with other credits (A) In general The term qualified production facility shall not include any facility for which, for the taxable year or any prior taxable year— (i) electricity produced from such facility is taken into account for purposes of the credit allowed under section 45 or 45J, (ii) qualified carbon oxide captured by such facility is taken into account for purposes of the credit allowed under section 45Q, (iii) the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, or (iv) hydrogen produced from such facility is taken into account for purposes of the credit allowed under section 45V. (B) Denial of double benefit With respect to any section described in clause (i), (ii), (iii), or (iv) of subparagraph (A), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year. (5) C O2-e In this section, the term CO2-e means the quantity of a greenhouse gas that has a global warming potential equivalent to 1 metric ton of carbon dioxide, as determined under table A–1 of subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this section. (e) Determination of when construction begins; continuous program of construction or continuity of effort (1) In general For purposes of this section, construction of a facility begins when— (A) physical work of a significant nature begins, or (B) during the year in which the taxpayer begins physical work, a facility has invested not less than— (i) 2 percent of construction costs, or (ii) $50,000,000. (2) Work performed For purposes of paragraph (1), any work performed— (A) by the taxpayer, or (B) for the taxpayer by other persons under a binding written contract which is entered into prior to the manufacture, construction, or production of the property for use by the taxpayer in the taxpayer’s trade or business (or for the taxpayer’s production of income), shall be taken into account in determining whether construction has begun. (3) Continuous program of construction For purposes of this section, the term continuous program of construction means continuing physical work of a significant nature, as determined by the Secretary based upon relevant facts and circumstances. (4) Continuous efforts For purposes of this section, the term continuous efforts means making continuous efforts towards completion of the facility, as determined by the Secretary based upon relevant facts and circumstances. (f) Transfer of credit Rules similar to the rules of subsection (d)(2) of section 48D shall apply for purposes of this section. (g) Election An election under this subsection with respect to the amounts described in paragraphs (1) and (2) of subsection (a) shall be included in the return of tax for the taxable year in which the qualified production facility is placed in service. Such election, once made, shall be irrevocable for any taxable year during the credit period under subsection (c). (h) Regulations Not later than 18 months after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit allowed as part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the emerging energy technology production credit determined under section 45U(a). . (c) Special rule for proceeds of transfers for mutual or cooperative electric companies Section 501(c)(12)(I) of such Code, as amended by section 3(b), is amended by striking or 48D(d)(2) and inserting , 45U(f), or 48D(d)(2) . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45U. Electricity produced from emerging energy technology. . (e) Effective date The amendments made by this section shall apply to electricity produced and sold in taxable years beginning after the date of the enactment of this Act. 5. Clean hydrogen production credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4, is amended by adding at the end the following new section: 45V. Clean hydrogen production (a) General rule (1) Amount of credit For purposes of section 38, the clean hydrogen production credit determined under this section for any taxable year beginning in the credit period with respect to a qualified hydrogen production facility of the taxpayer is an amount equal to the product of— (A) the applicable percentage of an amount equal to 250 percent of the national average wholesale price of a kilogram of hydrogen in the calendar year which began 2 years prior to the calendar year in which such taxable year begins, and (B) subject to paragraph (2), the amount of clean hydrogen produced at the qualified hydrogen production facility during such taxable year. (2) Increase for zero-emissions hydrogen In the case of any clean hydrogen described in subsection (d)(1)(A)(ii), the amount determined under paragraph (1)(B) with respect to such clean hydrogen shall be equal to twice the amount otherwise determined under such paragraph. (b) Applicable percentage (1) In general For purposes of subsection (a)(1)(A), the applicable percentage is— (A) in the case of a tier 1 facility, 60 percent, (B) in the case of a tier 2 facility, 45 percent, (C) in the case of a tier 3 facility, 30 percent, (D) in the case of a tier 4 facility, 15 percent, and (E) in the case of any other facility, zero percent. (2) Facility tiers (A) In general For purposes of this subsection— (i) Tier 1 facility The term tier 1 facility means any qualified hydrogen production facility which produces clean hydrogen from a qualified production method for which the market penetration level for the calendar year preceding the calendar year in which construction or modification of such facility began is less than 0.75 percent. (ii) Tier 2 facility The term tier 2 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 0.75 percent but less than 1.5 percent shall be substituted for less than 0.75 percent . (iii) Tier 3 facility The term tier 3 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 1.5 percent but less than 2.25 percent shall be substituted for less than 0.75 percent . (iv) Tier 4 facility The term tier 4 facility has the same meaning given the term tier 1 facility under clause (i), except that at least 2.25 percent but less than 3 percent shall be substituted for less than 0.75 percent . (B) Market penetration level For purposes of this paragraph, the term market penetration level means, with respect to any calendar year, the amount equal to the greater of— (i) the amount (expressed as a percentage) equal to the quotient of— (I) subject to subsection (d)(1)(C), the total energy content (expressed in megawatt hours) of all clean hydrogen produced using the qualified production method by all qualified hydrogen production facilities (as defined in subsection (d)(2)(A), except that clause (iii) of such subsection shall not apply) during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by (II) the total domestic power sector electricity production (expressed in megawatt hours) for such calendar year, or (ii) the amount determined under this subparagraph for the preceding calendar year (C) Division of production methods for purposes of determining tier For purposes of determining the applicable tier for any qualified production method under subparagraph (B), such subparagraph shall be applied separately with respect to— (i) any such method described in subparagraph (A) of subsection (d)(3), and (ii) any such method described in subparagraph (B) of such subsection. (D) Construction begins For purposes of this subsection, the determination as to whether a facility qualifies as a tier 1, 2, 3, or 4 facility shall be— (i) made during the year in which construction or modification of such facility begins, (ii) based on the determinations included in report described in section 45U(b)(2)(D)(i)(II) with respect to such calendar year, and (iii) contingent on the taxpayer maintaining a continuous program of construction or continuous efforts to advance towards completion of the facility. (E) Reports (i) In general The Secretary shall, as part of the reports published pursuant to section 45U(b)(2)(D)(i) and in the same manner as described under such section, publish the applicable market penetration level and tier for each qualified production method which has been used to produce clean hydrogen by any qualified hydrogen production facility (as defined in subsection (d)(2)(A), except that clause (iii) of such subsection shall not apply). (ii) National average wholesale price For purposes of determining the amount applicable under subsection (a)(1)(A) with respect to any calendar year, the Secretary of Energy (in consultation with the Secretary) shall include in any report described in section 45U(b)(2)(D)(i) a determination with respect to the national average wholesale price of a kilogram of hydrogen during such calendar year. (c) Credit period For purposes of this section, the credit period with respect to any qualified hydrogen production facility is— (1) in the case of a facility described in subclause (I) of subsection (d)(2)(A)(iii), the 10-year period beginning with the date the facility was originally placed in service, or (2) in the case of a facility described in subclause (II) of such subsection, the 10-year period beginning with the date that the property required to modify such facility is placed in service. (d) Definitions In this section— (1) Clean hydrogen (A) In general The term clean hydrogen means hydrogen which, as determined based on a lifecycle analysis, is produced through a qualified production method for which the rate of the greenhouse gas emissions— (i) is greater than zero and not greater than 2,500g CO2-e (as defined in section 45U(d)(5)) per kilogram of hydrogen produced, or (ii) is equal to or less than zero. (B) Special rules (i) Emissions from generation of electricity In the case of any hydrogen produced from a qualified production method described in paragraph (3)(A)— (I) if such method uses electricity generated from a renewable energy resource (as defined in section 403 of the Renewable Energy Resources Act of 1980 ( 42 U.S.C. 7372 )) or nuclear power, such hydrogen shall be deemed to be clean hydrogen described in subparagraph (A)(ii), or (II) if such method uses electricity generated from a source that emits greenhouse gases during production, any such emissions which are released into the atmosphere during such production shall be included for purposes of determining the rate of the greenhouse gas emissions under subparagraph (A). (ii) Non-electrolysis or use of fossil fuels In the case of any hydrogen produced— (I) through the use of fossil fuels or through the use of electricity which is generated through combustion of a fossil fuel, or (II) using a method described in paragraph (3)(B), subparagraph (A) shall be applied with respect to such hydrogen on the basis of a lifecycle analysis. (iii) Exclusion of hydrogen emissions For purposes of subparagraph (A), with respect to hydrogen produced through a qualified production method, any such hydrogen which is released into the atmosphere during such production shall not be included for purposes of determining the rate of the greenhouse gas emissions under such subparagraph. (iv) Carbon capture For purposes of determining the rate of the greenhouse gas emissions under subparagraph (A), such subparagraph shall not apply with respect to any qualified carbon oxide (as defined in section 45Q(c)) captured using carbon capture equipment if such carbon oxide is disposed of, used, or utilized in a manner consistent with the requirements under section 45Q. (v) Upstream and downstream emissions (I) In general In the case of hydrogen produced using a qualified production method described in clause (ii), for purposes of the application of subparagraph (A) based on a lifecycle analysis with respect to such method, such subparagraph shall not apply with respect to— (aa) any upstream emissions, and (bb) any downstream emissions related to the compression, liquefaction, use, or transport of hydrogen subsequent to production. (II) High-temperature electrolysis For purposes of determining the rate of the greenhouse gas emissions under subparagraph (A) with respect to hydrogen produced using high-temperature electrolysis, such subparagraph shall apply with respect to any direct emissions resulting from the fuel source used to create heat to which clause (iv) does not apply. (III) Upstream emissions For purposes of this clause, the term upstream emissions means the quantity of greenhouse gases, expressed in metric tons of CO2-e, emitted to the atmosphere resulting from the extraction, processing, transportation, financing, or other preparation of hydrogen for use. (C) Energy content For purposes of subsection (b)(2)(B)(i)(I), the energy content of 1 kilogram of clean hydrogen shall be deemed to be equal to 33.6 kilowatt hours of energy. (2) Qualified hydrogen production facility (A) In general The term qualified hydrogen production facility means any facility— (i) which is located in the United States or a possession of the United States (as such terms are used in section 638), (ii) which produces clean hydrogen using a qualified production method, and (iii) (I) which is placed in service after the date of enactment of this section, or (II) which— (aa) was originally placed in service before the date of enactment of this section and, prior to the modification described in item (bb), did not produce clean hydrogen, and (bb) after the date of enactment of this section, is modified to produce clean hydrogen, including— (AA) modification of a facility which, prior to such modification, produced hydrogen which did not satisfy the requirements under paragraph (1)(A), or (BB) for purposes of paragraph (1)(B)(iv), installation of carbon capture equipment. (B) Application with other credits (i) In general With respect to any taxable year, the term qualified hydrogen production facility shall not include— (I) any facility which— (aa) produces electricity— (AA) which is taken into account for purposes of the credit allowed under section 45, 45J, or 45U for such taxable year or any previous taxable year, and (BB) which is used by such facility for the production of clean hydrogen, or (bb) for such taxable year or any previous taxable year, the basis of any property which is part of such facility is taken into account for purposes of the credit allowed under section 48, 48A, 48B, 48C, or 48D, or (II) any carbon capture equipment placed in service at a facility which is used to capture qualified carbon oxide which is taken into account in such taxable year or any previous taxable year for purposes of the credit allowed under section 45Q. (ii) Denial of double benefit With respect to any section described in clause (I) or (II) of clause (i), no credit shall be allowed under such section for any taxable year with respect to any property for which a credit is allowed under this section for such taxable year or any prior taxable year. (3) Qualified production method The term qualified production method means— (A) electrolysis, and (B) any method not described in subparagraph (A). (e) Transfer of credit (1) In general If, with respect to a credit allowed under subsection (a) for any taxable year, the taxpayer elects the application of this subsection for such taxable year with respect to all (or any portion specified in such election) of such credit, the eligible project partner specified in such election, and not the taxpayer, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (2) Eligible project partner (A) In general For purposes of this subsection, the term eligible project partner means, with respect to any qualified hydrogen production facility, any person who— (i) has an ownership interest in such facility, (ii) provided equipment for or services in the construction of such facility, (iii) provides electricity or feedstock for production of hydrogen at such facility, (iv) purchases hydrogen, or a direct product thereof, produced at such facility pursuant to a contract, or (v) provides financing for such facility. (B) Financing For purposes of subparagraph (A)(v), any amount paid as consideration for a transfer described in paragraph (1) shall not be treated as financing for qualified hydrogen production facility. (C) Other rules Rules similar to the rules of subparagraphs (C) through (I) of section 48D(d)(2) shall apply for purposes of this subsection. (f) Determination of when construction begins; continuous program of construction or continuity of effort Rules similar to the rules of section 45U(e) shall apply for purposes of this section. (g) Regulations Not later than 1 year after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit allowed as part of general business credit Section 38(b) of the Internal Revenue Code of 1986, as amended by section 4(b), is amended by striking plus at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting , plus , and by adding at the end the following new paragraph: (35) the clean hydrogen production credit determined under section 45V(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 4(d), is amended by adding at the end the following new item: Sec. 45V. Clean hydrogen production. . (d) Effective date The amendments made by this section shall apply to hydrogen produced in taxable years beginning after the date of the enactment of this Act. 6. Report on additional energy production technology (a) In general Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Energy (referred to in this section as the Secretary ) shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate which— (1) identifies new and emerging energy production technologies which— (A) have less than 3 percent market penetration level (as defined in subsection (b)(2)(B) of section 45U of the Internal Revenue Code of 1986 (as added by section 4 of this Act)); and (B) the Secretary recommends should be added to subsection (d)(2)(A) of such section as an individual energy production technology; (2) includes legislative language to carry out the recommendations described in paragraph (1)(B); and (3) considers petitions and comments submitted under subsection (b). (b) Report process (1) In general Not later than 24 months after the date of enactment of this Act, the Secretary shall publish in the Federal Register and on a publicly available Internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy during the 60-day period beginning on the date of such publication petitions for inclusion of any technology used for the production of electricity as an individual energy production technology under subsection (d)(2) of section 45U of the Internal Revenue Code of 1986 (as added by section 4 of this Act). (2) Content Each petition described in paragraph (1) shall include the following information: (A) The name and address of the petitioner. (B) A description of the technology used for the production of electricity. (C) A certification as to whether such technology satisfies the requirements under subsection (d)(1)(C) of section 45U of the Internal Revenue Code of 1986. (D) Such other information as the Secretary may require. (3) Procedures The Secretary shall prescribe and publish in the Federal Register and on a publicly available internet website of the Department of Energy procedures to be complied with by members of the public submitting petitions for inclusion under paragraph (1). (c) Review (1) Publication and public availability As soon as practicable, the Secretary shall publish on a publicly available internet website of the Department of Energy the petitions for inclusions submitted under paragraph (1) of subsection (b) that contain the information required under paragraph (2) of such subsection. (2) Public comment (A) In general The Secretary shall publish in the Federal Register and on a publicly available internet website of the Department of Energy a notice requesting members of the public to submit to the Department of Energy comments on the petitions for inclusion published by the Department of Energy under paragraph (1). (B) Publication The Secretary shall publish a notice in the Federal Register directing members of the public to a publicly available internet website of the Department of Energy to view the comments of the members of the public received under subparagraph (A). (d) Sense of Congress It is the sense of Congress that, to incentivize innovation in energy generation technologies and to promote the reliability of and performance improvements in the United States energy sector, Congress should, not later than 90 days after the Secretary submits any report under subsection (a), consider a bill to add any technology used for the production of electricity which is included in such report to the list of individual energy production technologies under section 45U(d)(2) of the Internal Revenue Code of 1986. | https://www.govinfo.gov/content/pkg/BILLS-117s2475is/xml/BILLS-117s2475is.xml |
117-s-2476 | II 117th CONGRESS 1st Session S. 2476 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Markey (for himself, Mrs. Gillibrand , Mr. Padilla , Mr. Durbin , Mr. Booker , Ms. Smith , Mr. Sanders , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to establish a pilot program for hyperlocal air quality monitoring projects in environmental justice communities, and for other purposes.
1. Short title This Act may be cited as the Environmental Justice Air Quality Monitoring Act of 2021 . 2. Findings Congress finds that— (1) air pollution inflicts disproportionate harm on Black people, Indigenous people, and People of Color; (2) air quality can vary up to 800 percent from block to block within a single neighborhood; (3) it is possible to identify and attribute sources of pollution based on fingerprint analysis of multiple pollutants; and (4) existing methods that are prescribed for basin-wide air quality monitoring— (A) are cost-prohibitive for monitoring community-scale air quality; and (B) do not, as of the date of enactment of this Act, measure the intrinsic variability of persistently poor air quality in environmental justice communities at the neighborhood block level. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Air pollutant The term air pollutant means— (A) a criteria pollutant for which there are national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ); (B) a hazardous air pollutant (as defined in section 112(a) of that Act ( 42 U.S.C. 7412(a) )); and (C) a greenhouse gas. (3) Eligible hyperlocal air quality data provider The term eligible hyperlocal air quality data provider means an organization with the demonstrated ability to deploy hyperlocal air quality monitoring systems in support of State, local, or Tribal air agencies. (4) Environmental justice The term environmental justice means the fair treatment and meaningful involvement of all people, regardless of race, color, culture, natural origin, or income, in the development, implementation, and enforcement of environmental laws (including regulations) and policies to ensure that each person enjoys— (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action relating to the development, implementation, and enforcement of environmental laws (including regulations) and policies for the purpose of having a healthy environment in which to live, learn, work, and recreate. (5) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (6) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Hydrofluorocarbons. (E) Perfluorocarbons. (F) Sulfur hexafluoride. (7) Hyperlocal air quality monitoring system The term hyperlocal air quality monitoring system means a method of monitoring ambient air quality and greenhouse gases and detecting the presence of air pollutants that— (A) yields frequently repeated, ongoing measurements of air pollutants at a block-level resolution; and (B) identifies hotspots of persistent elevated levels of air pollutants localized to, and caused by the characteristics of, a specific geographic location. (8) 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. (9) Pilot program The term pilot program means the pilot program established under section 4(a). 4. Pilot program for hyperlocal air quality monitoring projects in environmental justice communities (a) Establishment Subject to the availability of appropriations, the Administrator shall carry out a pilot program to award, on a competitive basis, grants or contracts to State, local, and Tribal air agencies, in partnership with local nonprofit organizations or eligible hyperlocal air quality data providers, to carry out projects described in subsection (b) for hyperlocal air quality monitoring systems in environmental justice communities. (b) Projects A State, local, or Tribal air agency that receives a grant or contract under the pilot program shall use amounts received under the grant or contract to carry out an air quality monitoring project within a geographical region specified by the State, local, or Tribal air agency— (1) to monitor air quality at a level of discreteness capable of monitoring an area that is the smaller of— (A) a block; and (B) a 100-meter radius; (2) to identify areas of persistent elevated air pollution levels above a relevant background level; (3) to regularly monitor air quality using monitoring technology that meets the data quality objectives of the Environmental Protection Agency, which may, in the determination of the Administrator, include a requirement that the technology qualify as a Federal Reference Method or a Federal Equivalent Method; (4) to resolve changes in ambient levels of relevant air pollutants; (5) to generate equity maps by geographical area, including generating maps using such variables as demographic data relating to race, ethnicity, and income level; and (6) to report hyperlocal air quality data and mapping tools to— (A) community residents through an online platform to increase public awareness and engagement; and (B) relevant local, State, Tribal, and Federal air pollution managers to inform management decisions, such as the placement or relocation of stationary air pollution monitors, transportation or land use planning, investments in mitigating air pollution sources, and other planning decisions. (c) Project selection (1) Applications A State, local, or Tribal air agency seeking a grant or contract under the pilot program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (2) Prioritization In selecting projects to receive grants or contracts under the pilot program, the Administrator shall give priority to projects that— (A) would be carried out in areas with high rates of illness associated with exposure to air pollution, as determined by the Administrator, including childhood asthma, adult asthma, chronic obstructive pulmonary disease, heart disease, chronic bronchitis, and cancer; (B) seek to identify pollution sources through multipollutant analysis when relevant; (C) would be able to assess pollution burdens on sensitive individuals who may be at greater risk of adverse health effects from exposure to the air pollutants to be monitored as compared to the general population; and (D) would promote— (i) public access and transparency of data; and (ii) proactive outreach for community engagement and awareness. (3) Equitable funding distribution A State, local, or Tribal air agency that receives a grant or contract under the pilot program shall ensure that air quality monitoring projects deployed using amounts from the grant or contract— (A) provide full-time, salaried employment opportunities, with benefits, to local residents of environmental justice communities, which may include employment or training for positions such as— (i) air quality monitoring device installation, maintenance, and calibration technicians; (ii) data scientists, atmospheric scientists, chemists, epidemiologists, and social scientists; (iii) software developers, engineers, and interface designers; (iv) community engagement and communications and outreach specialists; (v) air quality monitor operators; (vi) environmental justice organizer; and (vii) environmental health advocate; and (B) direct not less than 40 percent of the amount received from the grant or contract toward the employment opportunities described in subparagraph (A). (d) Duration A project carried out using a grant or contract awarded under the pilot program may not exceed 5 years in duration. (e) Evaluation metrics To evaluate the effectiveness of the pilot program, the Administrator shall establish, based on the project requirements described in paragraphs (1) through (6) of subsection (b), metrics and reporting requirements for grant recipients. (f) Reports (1) Annual reports Not later than 180 days after the end of each fiscal year in which the Administrator carries out the pilot program, the Administrator shall submit to Congress a report on the results of the pilot program for the previous fiscal year, which shall include, with respect to the fiscal year covered by the report— (A) a description of each project awarded a grant or contract under the pilot program; (B) a description of the evaluation metrics established under subsection (e); (C) the results of and the insights developed from the monitoring carried out under projects for which grants or contracts were awarded under the pilot program; and (D) whether the Administrator proposes to continue air quality monitoring at the locations monitored by projects for which those grants or contracts were awarded. (2) Final report Not later than 180 days after the date on which the final project carried out using a grant or contract awarded under the pilot program is completed, the Administrator shall submit to Congress a report that describes the results of the pilot program, which shall include— (A) a description of the pilot program; (B) a description of the air quality monitoring data collected under projects that received grants or contracts under the pilot program; (C) an assessment of the effectiveness of the pilot program using the evaluation metrics established under subsection (e) and information received from the reporting requirements established under that subsection; (D) a description of the cost of the pilot program, including an estimate of the cost of making the pilot program permanent; (E) an estimate of the cost of expanding the pilot program to monitor air quality in air basins that are adjacent to air basins for which air quality was monitored under projects that received grants or contracts under the pilot program; and (F) such recommendations for legislation, regulation, or administrative action as the Administrator considers appropriate, including recommendations for— (i) reducing air pollution burdens in identified hotspots; and (ii) extending the pilot program or making the pilot program permanent. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $100,000,000 for each of fiscal years 2022 through 2027 to carry out the pilot program. (2) Supplement, not supplant Amounts made available under paragraph (1) shall supplement, and not supplant, other amounts made available to address harms resulting from air pollution. | https://www.govinfo.gov/content/pkg/BILLS-117s2476is/xml/BILLS-117s2476is.xml |
117-s-2477 | II 117th CONGRESS 1st Session S. 2477 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Wyden (for himself, Mr. Merkley , Mr. Markey , Mr. Sanders , Mr. Booker , Mr. Durbin , Ms. Hirono , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to divert certain parents of minor children, expectant parents, and other caregivers from incarceration and into comprehensive programs providing resources, services, and training to those individuals and their families.
1. Short title This Act may be cited as the Finding Alternatives to Mass Incarceration: Lives Improved by Ending Separation Act of 2021 or the FAMILIES Act . 2. Purpose The purpose of this Act is to divert parents of minor children, expectant parents, and other caregivers from incarceration if those individuals, and society, would be better served by the individuals entering into a comprehensive community supervision program that would provide resources, services, and training to them and their families. 3. FAMILIES diversion program (a) In general Chapter 227 of title 18, United States Code, is amended— (1) in subchapter A— (A) in section 3551— (i) in subsection (b)— (I) in paragraph (2), by striking or at the end; (II) in paragraph (3), by striking the period at the end and inserting ; or ; (III) by inserting after paragraph (3) the following: (4) participation in the FAMILIES Program as authorized by subchapter E, as a condition of a term of supervised release imposed under section 3583 ; and (IV) in the undesignated matter following paragraph (4), as so added— (aa) by striking A sentence and inserting Subject to subsection (d), a sentence ; and (bb) by striking A sanction and inserting Subjection to subsection (d), a sanction ; and (ii) by adding at the end the following: (d) Imposition of fines and sanctions in addition to participation in FAMILIES Program (1) In general If the court sentences an individual to participation in the FAMILIES Program under subchapter E, the court may not impose a sentence to pay a fine, or impose a sanction under section 3554 (relating to criminal forfeiture), 3555 (relating to notice to victims), or 3556 (relating to restitution), unless the court considers the factors under paragraph (2) of this subsection. (2) Considerations Before imposing a sentence to pay a fine, or imposing a sanction under section 3554, 3555, or 3556, on an individual described in paragraph (1) of this subsection, the court shall— (A) weigh the importance of the fine or sanction against— (i) the ability of the individual to afford the fine, forfeiture, cost of giving notice, or restitution, as applicable; and (ii) the impact of the fine or sanction on the ability of the individual to succeed in the FAMILIES Program; and (B) take all necessary steps to ensure that the success of the individual in the FAMILIES Program is not hindered by financial obstacles. (3) No mandatory restitution Notwithstanding section 3663A, an order of restitution under that section with respect to an individual described in paragraph (1) of this subsection shall be at the discretion of the court and shall be subject to the requirements of this subsection. ; and (B) in section 3553— (i) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; (ii) by inserting after subsection (a) the following: (b) Consideration of diversion to FAMILIES Program (1) Determination Notwithstanding any other provision of this section, other than subsection (c), and notwithstanding any minimum term of imprisonment required to be imposed under any other provision of law, in the case of a defendant who is an eligible individual (as defined in section 3590), the court shall determine, in accordance with paragraph (2), whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E instead of sentencing the defendant to a term of probation under subchapter B or a term of imprisonment under subchapter D. (2) Factors (A) In general In making the determination under paragraph (1), the court shall consider, in addition to other factors the court determines relevant— (i) whether the defendant has significant caregiver responsibilities, including significant expected parental responsibilities in the case of an individual who is pregnant or the spouse or dating partner of such an individual; (ii) whether the defendant has significant caregiving responsibilities with respect to an adult dependent; (iii) whether the defendant poses no apparent risk of harm to any identifiable child with respect to whom the defendant has significant parental responsibilities; (iv) whether the defendant poses no apparent risk of harm to any identifiable adult dependent with respect to whom the defendant has significant caregiving responsibilities; (v) a statement, if available, regarding the impact that a sentence of probation or imprisonment would have on the family of the defendant; (vi) the nature of the offense as it relates to the future rehabilitation of the defendant; (vii) the defendant's ties to the community; (viii) a statement from the victim regarding the impact of the offense on the victim; and (ix) any prior criminal history of the defendant. (B) Rule of construction The court shall not be required to find that each factor described in subparagraph (A) weighs in favor of the participation of the defendant in the FAMILIES Program in order to determine that the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program. (3) Findings of fact At the time of sentencing a defendant who is an eligible individual (as defined in section 3590), the court, in stating in open court the reasons for its imposition of the particular sentence under subsection (c), shall include its determination under paragraph (1) of this subsection as to whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E, including findings of fact supporting that determination. ; (iii) in subsection (c), as so redesignated, by striking or (c) and inserting or (d) ; (iv) in subsection (d), as so redesignated, by striking or (b) and inserting or (c) ; and (v) in subsection (e)(3), as so redesignated, by striking subsection (c) and inserting subsection (d) ; (2) in subchapter (D), in section 3583(a)— (A) by inserting or a sentence of participation in the FAMILIES Program under subchapter E after term of imprisonment ; and (B) by inserting or as a requirement of participation in the FAMILIES Program, as the case may be, after after imprisonment ; and (3) by adding at the end the following: E FAMILIES Program 3590. Definitions In this subchapter— (1) the term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note; Public Law 93–247 ); (2) the term dating partner has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (3) the term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (4) the term electronic means includes telephone, teleconference, and videoconference; (5) the term eligible individual means an individual who is— (A) a parent of a minor child; (B) pregnant; (C) a caregiver for a minor child or other minor relative; (D) a caregiver for an individual with disabilities; (E) a caregiver for an elderly family member; or (F) the spouse or dating partner of an individual who is— (i) a parent of a minor child; or (ii) pregnant; (6) the term FAMILIES Program means the program established under section 3590B; (7) the term minor , with respect to an individual, means the individual is under the age of 18; (8) the term Office means the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts; (9) the term participant means an eligible individual who is participating in the FAMILIES Program; (10) the term Secretary means the Secretary of Health and Human Services; and (11) the term trauma-informed decision making means decision making— (A) informed by an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma; and (B) in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. 3590A. Sentencing (a) Imposition of sentence If an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D. (b) Consideration of special FAMILIES Program and expungement procedures In imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties. (c) Identifying programs and services (1) In general In imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services that the defendant shall be required to complete in order to successfully complete the FAMILIES Program. (2) User fees and other costs (A) In general In identifying the programs and services that a defendant shall be required to complete under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations Before imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles. (d) Training for judges The Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias. 3590B. FAMILIES Program (a) Establishment The Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter. (b) Contents The FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child. (c) Collaboration with State and local governments The Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant. (d) Connection to services The court that sentences an eligible individual to participate in the FAMILIES Program, to the extent practicable, shall connect the eligible individual to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the court determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services. (e) Operation during emergencies (1) In general To the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate During a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means. 3590C. Continuation or revocation of participation (a) In general If the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A. (b) Right to counsel (1) In general At a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel (A) In general If the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation Appointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A. (c) Substance use disorder relapse If a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse. 3590D. Pre-judgment sentence and expungement procedures (a) Pre-Judgment sentence (1) In general If an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge At any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge At the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation If the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C. (b) Collateral consequences A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. (c) Expungement of record of disposition (1) In general If the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order An expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect The effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws An individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose. . (b) Technical and conforming amendments Chapter 227 of title 18, United States Code, is amended— (1) by striking the matter between the chapter heading and the heading for subchapter A and inserting the following: SUBCHAPTER A—General provisions Sec. 3551. Authorized sentences. 3552. Presentence reports. 3553. Imposition of a sentence. 3554. Order of criminal forfeiture. 3555. Order of notice to victims. 3556. Order of restitution. 3557. Review of a sentence. 3558. Implementation of a sentence. 3559. Sentencing classification of offenses. SUBCHAPTER B—Probation 3561. Sentence of probation. 3562. Imposition of a sentence of probation. 3563. Conditions of probation. 3564. Running of a term of probation. 3565. Revocation of probation. 3566. Implementation of a sentence of probation. SUBCHAPTER C—Fines 3571. Sentence of fine. 3572. Imposition of a sentence of fine and related matters. 3573. Petition of the government for modification or remission. 3574. Implementation of a sentence of fine. SUBCHAPTER D—Imprisonment 3581. Sentence of imprisonment. 3582. Imposition of a sentence of imprisonment. 3583. Inclusion of a term of supervised release after imprisonment. 3584. Multiple sentences of imprisonment. 3585. Calculation of a term of imprisonment. 3586. Implementation of a sentence of imprisonment. SUBCHAPTER E—FAMILIES Program 3590. Definitions. 3590A. Sentencing. 3590B. FAMILIES Program. 3590C. Continuation or revocation of participation. 3590D. Pre-judgment sentence and expungement procedures. . (2) by striking the matter between section 3559 and the heading for subchapter B; (3) by striking the matter between section 3566 and the heading for subchapter C; and (4) by striking the matter between section 3574 and the heading for subchapter D. (c) State grant program (1) Definition In this subsection, the term Attorney General means the Attorney General, acting through the Director of the Bureau of Justice Assistance. (2) Authority The Attorney General shall make grants to States to replicate, on a larger scale, successful State parenting sentencing alternatives (commonly known as PSA ) programs that have the potential to keep parents out of prison. (3) Appropriation There is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2022, to remain available until expended, $20,000,000 to the Attorney General to carry out paragraph (2). (d) Studies (1) Office of Planning, Research and Evaluation study (A) In general Not later than 2 years after the date of enactment of this Act, the Office of Planning, Research and Evaluation of the Department of Health and Human Services, in collaboration with the National Institute of Justice, shall study and publish a report on the effects of incarceration on children of incarcerated parents. (B) Appropriation Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Planning, Research and Evaluation of the Department of Health and Human Services to carry out the study under subparagraph (A), $1,000,000 for fiscal year 2022, to remain available until expended. (2) GAO study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine the implementation of the FAMILIES Program under subchapter E of chapter 227 of title 18, United States Code (as added by subsection (a)), focusing on demographic data and profiles of program participants in order to— (A) determine— (i) who is receiving the benefits of the program; (ii) that program services are equitably available to all eligible individuals; and (iii) how program services can be better directed to eligible individuals who would otherwise be sentenced to a term of probation or a term of imprisonment; and (B) examine access to the FAMILIES Program for Black, Latinx or Hispanic, Native American, Asian American, and Pacific Islander communities. (e) Appropriations (1) Implementation Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts to carry out the FAMILIES Program established under section 3590B of title 18, United States Code, as added by subsection (a) of this section, $100,000,000 for fiscal year 2022, to remain available until expended. (2) Training Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services to develop training for judges under section 3590A(d) of title 18, United States Code, as added by subsection (a) of this section, $5,000,000 for fiscal year 2022, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2477is/xml/BILLS-117s2477is.xml |
117-s-2478 | II 117th CONGRESS 1st Session S. 2478 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Blumenthal (for himself, Ms. Smith , Ms. Warren , Ms. Hirono , 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 amend the Higher Education Act of 1965 to provide for a percentage of student loan forgiveness for public service employment, and for other purposes.
1. Short title This Act may be cited as the Strengthening Loan Forgiveness for Public Servants Act . 2. Public service loan forgiveness program Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting , except as provided in paragraph (5), after on any eligible Federal Direct Loan not in default ; and (2) by adding at the end the following: (5) Loan cancellation for new loans (A) In general Beginning after the date of enactment of the Strengthening Loan Forgiveness for Public Servants Act , after the conclusion of each employment period in a public service job, as described in subparagraph (B), the Secretary shall cancel the percent specified in such subparagraph of the total amount due on any eligible Federal Direct Loan made after the date of enactment of the Strengthening Loan Forgiveness for Public Servants Act for a borrower who is employed in such public service job and submits an employment certification form described in subparagraph (C). (B) Percent amount The percent of a loan that shall be canceled under subparagraph (A) is as follows: (i) In the case of a borrower who completes 2 years of employment in a public service job, 15 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (ii) In the case of a borrower who completes 4 years of employment in a public service job, 15 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (iii) In the case of a borrower who completes 6 years of employment in a public service job, 20 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (iv) In the case of a borrower who completes 8 years of employment in a public service job, 20 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (v) In the case of a borrower who completes 10 years of employment in a public service job, 30 percent of the total amount due on the eligible Federal Direct Loan on the date the borrower commenced employment in such public service job. (C) Employment certification form (i) In general In order to receive loan cancellation under this paragraph, a borrower shall submit to the Secretary an employment certification form that is developed by the Secretary and includes self-certification of employment and a separate part for employer certification that indicates the dates of employment. (ii) Deferment If a borrower submits to the Secretary the employment certification form described in clause (i), during the period in which the borrower is employed in a public service job for which loan cancellation is eligible under this paragraph, the borrower’s eligible Federal Direct Loan shall be placed in deferment. (D) Interest canceled If a portion of a loan is canceled under this paragraph for any year, the entire amount of interest on such loan that accrues for such year shall be canceled. . | https://www.govinfo.gov/content/pkg/BILLS-117s2478is/xml/BILLS-117s2478is.xml |
117-s-2479 | II 117th CONGRESS 1st Session S. 2479 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Risch (for himself, Mr. Tillis , Mr. Crapo , Mrs. Hyde-Smith , Mr. Daines , Mr. Young , Mr. Rubio , Mr. Portman , Ms. Collins , Mr. Scott of Florida , Mrs. Blackburn , Mr. Boozman , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes.
1. Short title This Act may be cited as the UNRWA Accountability and Transparency Act . 2. Statement of policy (a) Palestinian refugee defined It shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as UNRWA ), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who— (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab-Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on refugee and derivative refugee status In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) and the requirements for eligibility for refugee status under section 207 of such Act ( 8 U.S.C. 1157 ), that— (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. 3. United States contributions to UNRWA Section 301(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ) is amended to read as follows: (c) Withholding (1) Definitions In this subsection: (A) Anti-Semitic The term anti-Semitic — (i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of anti-Semitism; and (ii) includes the contemporary examples of anti-Semitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. (B) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committee on Foreign Relations of the Senate ; (ii) the Committee on Appropriations of the Senate ; (iii) the Committee on Foreign Affairs of the House of Representatives ; and (iv) the Committee on Appropriations of the House of Representatives . (C) Boycott of, divestment from, and sanctions against Israel The term boycott of, divestment from, and sanctions against Israel has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4452(f)(1) ). (D) Foreign terrorist organization The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (E) UNRWA The term UNRWA means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2) Certification Notwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that— (A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process— (i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; (ii) has advocated, planned, sponsored, or engaged in any terrorist activity; (iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including— (I) calling for or encouraging the destruction of Israel; (II) failing to recognize Israel’s right to exist; (III) showing maps without Israel; (IV) describing Israelis as occupiers or settlers ; (V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; (VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as BDS ); (VII) claiming or advocating for a right of return of refugees into Israel; (VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and (IX) calling for violence against Americans; or (iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); (B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof— (i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or (ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that— (i) is agreed upon by the Government of Israel and the Palestinian Authority; and (ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); (E) no recipient of UNRWA funds or loans is— (i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or (ii) otherwise engaged in terrorist activities; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. (3) Period of effectiveness (A) In general A certification described in paragraph (2) shall be effective until the earlier of— (i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or (ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. (B) Notification of renunciation If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. (4) Limitation During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that— (A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and (B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States. . 4. Report (a) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . (b) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for— (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by— (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)— (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way. | https://www.govinfo.gov/content/pkg/BILLS-117s2479is/xml/BILLS-117s2479is.xml |
117-s-2480 | II 117th CONGRESS 1st Session S. 2480 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To allow for use of grants funds in order to promote safety in tourist areas located in the United States, and for other purposes.
1. Short title This Act may be cited as the Tourism District Protection Act . 2. Sense of Congress It is the sense of Congress that the Attorney General of the United States should provide whatever assistance possible within the authority of the Department of Justice to help combat crime in areas of the United States that are dependent economically on tourism. 3. Use of grant funds (a) Priority of COPS grants Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) ) is amended— (1) in paragraph (2)(C), by striking or at the end; (2) in paragraph (3)(B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (4) from an applicant in a State that provides evidence to the Attorney General that crime is increasing in tourist areas within the jurisdiction of the applicant and that the grant amounts will be used by the application for permissible purposes that will reduce crime in tourist areas. . (b) Expanded eligibility for Federal Emergency Law Enforcement Assistance program Section 609N of the Justice Assistance Act of 1984 ( 34 U.S.C. 50102(3) ) is amended by inserting before except that the following: including a significant increase in crime, which threatens to become serious and for which the State and local resources are inadequate to protect the lives and property of citizens or enforce the law, in tourist areas, . (c) Use of Byrne JAG grant funds Section 506(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10157(b) ) is amended— (1) in the matter preceding paragraph (1), by striking may reserve and inserting shall reserve ; (2) in paragraph (1), by striking or at the end; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: (2) to combat, address, or otherwise respond to significant increases in crime in tourist areas; or . (d) Limitation on supplanting of State and local funds Amounts made available to a State or unit of local government under this Act or an amendment made by this Act may not— (1) supplant State or local funds designated for use in combatting crime in areas of the State, county, or city; or (2) be used for the costs of activities incurred before the date of enactment of this Act. (e) Limitation on use of funds None of the amounts made available under this Act or an amendment made by this Act may be used to purchase technology or equipment prohibited by the State and local laws governing the grant recipient. (f) Rulemaking Not later than 1 year after the date of enactment of this Act, the Attorney General shall promulgate rules establishing the criteria for an entity to qualify for the assistance authorized by this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2480is/xml/BILLS-117s2480is.xml |
117-s-2481 | II 117th CONGRESS 1st Session S. 2481 IN THE SENATE OF THE UNITED STATES July 27, 2021 Ms. Duckworth (for herself, Ms. Hirono , Mr. Casey , Mr. Blumenthal , Mr. Booker , Ms. Klobuchar , Mr. Padilla , and Mr. Brown ) 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 credit for expenditures to provide access to disabled individuals, and for other purposes.
1. Short title This Act may be cited as the Disabled Access Credit Expansion Act of 2021 . 2. Expansion of credit for expenditures to provide access to disabled individuals (a) Increase in dollar limitation (1) In general Subsection (a) of section 44 of the Internal Revenue Code of 1986 is amended by striking $10,250 and inserting $20,500 . (2) Inflation adjustment Section 44 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: (e) Inflation adjustment (1) In general In the case of any taxable year beginning after 2022, the $20,500 amount in subsection (a) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding Any amount determined under paragraph (1) which is not a multiple of $50 shall be rounded to the next lowest multiple of $50. . (b) Removal of expenditure floor Subsection (a) of section 44 of the Internal Revenue Code of 1986, as amended by subsection (a)(1), is further amended by striking exceed $250 but . (c) Increase in gross receipts limitation Subparagraph (A) of section 44(b)(1) of the Internal Revenue Code of 1986 is amended by striking $1,000,000 and inserting $2,500,000 . (d) Eligible access expenditures Subparagraph (A) of section 44(c)(2) of the Internal Revenue Code of 1986 is amended by inserting (including any digital, Internet, or telecommunications services provided by the business) after business . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Alternative means of dispute resolution involving disability rights (a) Findings Congress finds the following: (1) Congress does not directly appropriate funds for the ADA Mediation Program of the Disability Rights Section of the Civil Rights Division of the Department of Justice. (2) Voluntary mediation, under section 514 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12212 ), of disputes between individuals and entities covered by the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) requires specific expertise. (3) Though over 7,000 cases have been referred to the ADA Mediation Program since its inception, with over 70 percent being successfully resolved, complainants have experienced slow response times and a lack of effective engagement with the program. (4) There is little transparency, oversight, or accountability regarding the administration of the ADA Mediation Program, or the experience of mediators or parties participating in mediation. (5) To best serve the disability community, and entities covered by that Act, the ADA Mediation Program should be able to use funds to increase personnel and provide training concerning the program. (b) ADA Mediation Program (1) In general The Attorney General shall carry out an ADA Mediation Program (referred to in this section as the Program ). (2) Duties and authorities In carrying out the Program, the Attorney General— (A) shall facilitate voluntary mediation to resolve disputes arising under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); (B) may hire or enter into contracts with personnel for the Program, including increasing the number of such personnel beyond the number of individuals who provided services through the Program on the date of enactment of this section; and (C) provide training for mediators who provide services through the Program. (3) Authorization of appropriations (A) In general There is authorized to be appropriated to the appropriations account of the Department of Justice appropriated under the heading Fees and Expenses of Witnesses under the heading Legal Activities , to carry out this section, $1,000,000 (in addition to any other amounts appropriated to that account) for fiscal year 2022. (B) Availability of funds Funds appropriated under subparagraph (A) may be used to pay for obligations incurred through the Program prior to the date of enactment of this section. (c) Report Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives including information for the previous fiscal year regarding: (1) the minimum, maximum, and median time between the initial filing of complaints and contact with the ADA Mediation Program; (2) the minimum, maximum, and median time between the initial filing of complaints and the first date of mediation; (3) the minimum, maximum, and median time required to resolve disputes from the initial filing of complaints; (4) the number of staff (full-time equivalents) dedicated to the program, including the number of mediators and caseworkers; (5) the caseload for mediators and caseworkers involved in carrying out the program; (6) the percentage of cases successfully resolved through mediation; (7) the percentage of cases referred to investigation and litigation within the Department of Justice; (8) the percentage of cases referred to other Federal agencies (and which agencies); (9) trends in the nature of complaints and resolutions; (10) whether there were repeated or numerous complaints against a single or specific entity or institution, and whether those cases were investigated or litigated; (11) the number of complaints directed at the program, such as lack of accommodation or lack of responsiveness and engagement; and (12) other information deemed relevant by the Attorney General. 4. ADA Information Line data collection report (a) Findings Congress finds the following: (1) The ADA Information Line receives hundreds of calls per week, and does not typically collect data about the kinds of calls it receives. (2) The ADA Information Line takes calls from a variety of individuals and entities interested in the Americans with Disabilities Act of 1990, including— (A) employers covered by such Act; (B) architects and others who work with such employers; (C) public entities, such as schools and public service providers; (D) individuals with disabilities; and (E) entities that provide public accommodations. (3) ADA.gov provides many resources to individuals and entities, public or private, looking for information on such Act. (b) Definitions In this section— (1) the term ADA Information Line means the toll-free line operated by the Attorney General to provide information and materials to the public about the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), including regulations issued under the Act and technical assistance in accordance with section 507 of the Act ( 42 U.S.C. 12206 ); and (2) the term disability , with respect to an individual, has the meaning given such term in section 3 of such Act ( 42 U.S.C. 12102 ). (c) Report Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to each committee of Congress— (1) outlining the kinds of calls the ADA Information Line receives; (2) detailing the efforts of the Department of Justice to educate individuals and entities about the existence of the ADA Information Line; and (3) providing recommendations on improvements that can be made to provide additional support to individuals with disabilities, and entities covered by the Americans with Disabilities Act of 1990, seeking information on such Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2481is/xml/BILLS-117s2481is.xml |
117-s-2482 | II 117th CONGRESS 1st Session S. 2482 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Leahy introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Champlain Valley National Heritage Partnership Act of 2006 to reauthorize the Champlain Valley National Heritage Partnership, and for other purposes.
1. Short title This Act may be cited as the Champlain Valley National Heritage Partnership Reauthorization Act . 2. Reauthorization of Champlain Valley National Heritage Partnership (a) Authorization of appropriations Section 288(a) of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking not more than a total and all that follows through any fiscal year and inserting $1,000,000 for each of fiscal years 2022 through 2036 . (b) Non-Federal Share Section 288(b) of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking 50 percent and inserting 25 percent . (c) Termination of authority Section 289 of the Champlain Valley National Heritage Partnership Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 ; 120 Stat. 1824) is amended by striking on the date that is 15 years after the date of enactment of this Act and inserting on September 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s2482is/xml/BILLS-117s2482is.xml |
117-s-2483 | II 117th CONGRESS 1st Session S. 2483 IN THE SENATE OF THE UNITED STATES July 27, 2021 Ms. Rosen (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Cybersecurity and Infrastructure Security Agency to establish cybersecurity guidance for small organizations, and for other purposes.
1. Short title This Act may be cited as the Improving Cybersecurity of Small Organizations Act of 2021 . 2. Improving cybersecurity of small organizations (a) Definitions In this section: (1) Administration The term Administration means the Small Business Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Commission The term Commission means the Federal Trade Commission. (4) Connected device The term connected device means any electronic equipment that is— (A) primarily designed for or marketed to consumers; (B) capable of connecting to the internet or another communication network; and (C) capable of sending, receiving, or processing personal information. (5) Cybersecurity guidance The term cybersecurity guidance means the cybersecurity guidance maintained and promoted under subsections (b) and (c), respectively. (6) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (7) NIST The term NIST means the National Institute of Standards and Technology. (8) Secretary The term Secretary means the Secretary of Commerce. (9) Small business The term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (10) Small governmental jurisdiction The term small governmental jurisdiction has the meaning given the term in section 601 of title 5, United States Code. (11) Small nonprofit The term small nonprofit has the meaning given the term small organization in section 601 of title 5, United States Code. (12) Small organization The term small organization means an organization that is unlikely to employ a specialist in cybersecurity, including— (A) a small business; (B) a small nonprofit; and (C) a small governmental jurisdiction. (b) Cybersecurity guidance (1) In general The Director shall maintain cybersecurity guidance that documents and promotes evidence-based cybersecurity policies and controls for use by small organizations, which shall— (A) include simple, basic controls that have the most impact in protecting small organizations against common cybersecurity threats and risks; (B) include guidance to address common cybersecurity threats and risks posed by connected devices that are personal to the employees and contractors of small organizations, as well as connected devices that are issued to those employees and contractors by small organizations; and (C) recommend— (i) measures to improve the cybersecurity of small organizations; and (ii) configurations and settings for some of the most commonly used software that can improve the cybersecurity of small organizations. (2) Consistency The Director shall ensure the cybersecurity guidance maintained under paragraph (1) is consistent with— (A) cybersecurity resources developed by NIST, as required by the NIST Small Business Cybersecurity Act ( Public Law 115–236 ); and (B) the most recent version of the Cybersecurity Framework, or successor resource, maintained by NIST. (3) Guidance for specific types of small organizations The Director may include cybersecurity guidance, as required under paragraph (1), appropriate for specific types of small organizations in addition to guidance applicable for all small organizations. (4) Updates (A) In general The Director shall review the cybersecurity guidance maintained under paragraph (1) not less frequently than annually and update the cybersecurity guidance as appropriate. (B) Consultation In updating the cybersecurity guidance under subparagraph (A), the Director shall, to the degree practicable and as appropriate, consult with— (i) the Administrator, the Secretary, and the Commission; (ii) small organizations, insurers, State governments, companies that work with small organizations, and academic and Federal and non-Federal experts in cybersecurity; and (iii) any other entity as determined by the Director. (5) User interface As appropriate, the Director shall consult with experts regarding the design of a user interface for the cybersecurity guidance. (c) Promotion of cybersecurity guidance for small businesses (1) Public availability The cybersecurity guidance maintained under subsection (b)(1) shall be— (A) made available, prominently and free of charge, on the public website of the Cybersecurity Infrastructure Security Agency; and (B) linked to from relevant portions of the websites of the Administration and the Minority Business Development Agency. (2) Promotion generally The Director, the Administrator, and the Secretary shall, to the degree practicable, promote the cybersecurity guidance through relevant resources that are intended for or known to be regularly used by small organizations, including agency documents, websites, and events. (d) Report on incentivizing cybersecurity for small organizations (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing methods to incentivize small organizations to improve their cybersecurity, including through the adoption of policies, controls, products and services that have been demonstrated to reduce cybersecurity risk. (2) Matters to be included The report required under paragraph (1) shall— (A) identify barriers or challenges for small organizations in purchasing or acquiring products and services that promote the cybersecurity; (B) assess market availability, market pricing, and affordability of products and services that promote the cybersecurity for small organizations, with particular attention to identifying high-risk and underserved sectors or regions; (C) estimate the cost of tax breaks, grants, subsidies, or other incentives to increase the adoption of policies and controls or acquisition of products and services that promote the cybersecurity of small organizations; (D) as practicable, consult the certifications and requirement for cloud services described in the final report of the Cyberspace Solarium Commission established under section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2140); (E) describe evidence-based cybersecurity controls and policies that improve cybersecurity for small organizations; (F) with respect to the incentives described in subparagraph (C), recommend measures that can effectively improve cybersecurity at scale for small organizations; and (G) include any other matters as the Secretary determines relevant. (3) Guidance for specific types of small organizations In preparing the report required under paragraph (1), the Secretary may include matters applicable for specific types of small organizations in addition to matters applicable to all small organizations. (4) Consultation In preparing the report required under paragraph (1), the Secretary shall consult with— (A) the Administrator, the Director, and the Commission; and (B) small organizations, insurers of risks related to cybersecurity, State governments, cybersecurity and information technology companies that work with small organizations, and academic and Federal and non-Federal experts in cybersecurity. (e) Periodic census on state of cybersecurity of small businesses (1) In general Not later than 1 year after the date of enactment of this Act and not less frequently than every 24 months thereafter for not more than 10 years, the Administrator shall submit to Congress and make publicly available data on the state of cybersecurity of small businesses, including— (A) adoption of the cybersecurity guidance among small businesses; (B) the most significant and widespread cybersecurity threats facing small businesses; (C) the amount small businesses spend on cybersecurity products and services; and (D) the personnel small businesses dedicate to cybersecurity (including the amount of total personnel time, whether by employees or contractors, dedicated to cybersecurity efforts). (2) Form The report required under paragraph (1) shall be produced in unclassified form but may contain a classified annex. (3) Consultation In preparing the report required under paragraph (1), the Administrator shall consult with— (A) the Secretary, the Director, and the Commission; and (B) small businesses, insurers of risks related to cybersecurity, cybersecurity and information technology companies that work with small businesses, and academic and Federal and non-Federal experts in cybersecurity. | https://www.govinfo.gov/content/pkg/BILLS-117s2483is/xml/BILLS-117s2483is.xml |
117-s-2484 | II 117th CONGRESS 1st Session S. 2484 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Thune (for himself, Ms. Smith , Mr. Rounds , Ms. Klobuchar , Mr. Hoeven , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to allow emergency haying under the conservation reserve program during the primary nesting season.
1. Short title This Act may be cited as the Conservation Reserve Program Flexibility Act of 2021 or the CRP Flexibility Act of 2021 . 2. Emergency haying during the primary nesting season Section 1233(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3833(b)(1) ) is amended— (1) in subparagraph (A)(ii), by inserting subject to subclauses (I) and (III) of clause (i), and subclauses (I) and (II) of clause (ii), of subparagraph (B), before are subject to ; and (2) in subparagraph (B)(i)— (A) by redesignating subclauses (I) through (VI) as subclauses (II) through (VII), respectively; (B) by inserting before subclause (II) (as so redesignated) the following: (I) emergency haying in response to a localized or regional drought, flooding, wildfire, or other emergency, on all practices, during or outside the primary nesting season, when— (aa) the county is designated as D2 (severe drought) or greater according to the United States Drought Monitor; (bb) there is at least a 40 percent loss in forage production in the county; or (cc) the Secretary, in coordination with the State technical committee, determines that the program can assist in the response to a natural disaster event without permanent damage to the established cover; ; (C) in subclause (II) (as so redesignated), in the matter preceding item (aa), by striking emergency haying, emergency grazing, or other emergency use and inserting emergency grazing or other emergency use ; and (D) in subclause (IV) (as so redesignated), by striking outside the primary nesting season and inserting during or outside the primary nesting season . | https://www.govinfo.gov/content/pkg/BILLS-117s2484is/xml/BILLS-117s2484is.xml |
117-s-2485 | II 117th CONGRESS 1st Session S. 2485 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit for economic activity in possessions of the United States.
1. Short title This Act may be cited as the Territory Economic Development Tax Credit Act . 2. Credit for economic activity in possessions of the United States (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Possession economic activity credit (a) Allowance of credit (1) In general Except as otherwise provided in this section, in the case of a qualified domestic corporation, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount determined under paragraph (2). (2) Determination of amount The amount determined under this paragraph is— (A) in the case of a qualified domestic corporation described in subsection (b)(1)(A), the lesser of— (i) the portion of the tax which is attributable to the taxable income, from sources without the United States, from— (I) the active conduct of a trade or business within a possession of the United States, or (II) the sale or exchange of substantially all of the assets used by the taxpayer in the active conduct of such trade or business, or (ii) the wage and asset limitation with respect to such corporation, and (B) in the case of a qualified domestic corporation described in subsection (b)(1)(B), the lesser of— (i) the intangible low-taxed income tax amount, or (ii) the sum of the qualified domestic corporation's pro rata share (determined in a manner similar to the manner provided in section 951A(e)(1)) of the wage and asset limitations with respect to each foreign qualified corporation of which such qualified domestic corporation is a United States shareholder. (b) Qualified domestic corporation; qualified corporation For purposes of this section— (1) In general The term qualified domestic corporation means any domestic corporation which is— (A) a qualified corporation, or (B) a United States shareholder of a foreign corporation which— (i) is a qualified corporation, and (ii) is wholly owned by corporations which are members of the same affiliated group as such United States shareholder. (2) Qualified corporation The term qualified corporation means any corporation if such corporation meets the following requirements: (A) Source qualification 80 percent or more of the gross income of the corporation for the 3-year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States (determined without regard to section 904(f)). (B) Trade or business qualification 75 percent or more of the gross income of the corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. (3) Special rule for separate and clearly identified units of foreign corporations (A) In general In the case of a United States shareholder of a foreign corporation which— (i) is not a qualified corporation but with respect to which the ownership requirements of paragraph (1)(B)(ii) are met, and (ii) has an eligible foreign business unit which, if such unit were a corporation, would be a qualified corporation with respect to which such ownership requirements would be met, then, for purposes of this section, the United States shareholder may elect to treat such unit as a separate foreign corporation which meets the requirements of paragraph (1)(B) and with respect to which such shareholder is a United States shareholder. (B) Eligible foreign business unit For purposes of this paragraph, the term eligible foreign business unit means a separate and clearly identified foreign unit of a trade or business, including a partnership or an entity treated as disregarded as a separate entity from its owner (under section 7701 or other provision under this title), which maintains separate books and records. (C) Special election for affiliated groups In the case of an affiliated group described in paragraph (1)(B)(ii), the election under subparagraph (A) with respect to any eligible foreign business unit shall be made by the common parent of such group and shall apply uniformly to all members of such group which are United States shareholders with respect to the foreign corporation which has such unit. (c) Wage and asset limitation (1) In general The wage and asset limitation with respect to any qualified corporation for any taxable year is an amount equal to the sum of the following amounts: (A) 40 percent of the sum of— (i) the aggregate amount of the qualified corporation's qualified possession wages for such taxable year, plus (ii) the allocable employee fringe benefit expenses of the qualified corporation for such taxable year. (B) 25 percent of the depreciation allowances for the taxable year with respect to qualified tangible property. (C) In the case of a qualified domestic corporation described in subsection (b)(1)(A), the amount of the possession income taxes for the taxable year attributable to income described in subsection (a)(2)(A)(i). (2) Qualified possession wages For purposes of this section— (A) In general The term qualified possession wages means wages paid or incurred by the qualified corporation during the taxable year in connection with the active conduct of a trade or business within a possession of the United States to any employee for services performed in such possession, but only if such services are performed while the principal place of employment of such employee is within such possession. (B) Limitation on amount of wages taken into account (i) In general The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. (ii) Treatment of part-time employees, etc If— (I) any employee is not employed by the qualified corporation on a substantially full-time basis at all times during the taxable year, or (II) the principal place of employment of any employee with the qualified corporation is not within a possession at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). (C) Treatment of certain employees The term qualified possession wages shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. All qualified corporations treated as 1 corporation under subsection (f)(1) shall be treated as 1 employer for purposes of the preceding sentence. (D) Wages (i) In general Except as provided in clause (ii), the term wages has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). For purposes of the preceding sentence, such subsection (b) shall be applied as if the term United States included all possessions of the United States. (ii) Special rule for agricultural labor and railway labor In any case to which subparagraph (A) or (B) of paragraph (1) of section 51(h) applies, the term wages has the meaning given to such term by section 51(h)(2). (3) Allocable employee fringe benefit expenses (A) In general The allocable employee fringe benefit expenses of any qualified corporation for any taxable year is an amount which bears the same ratio to the amount determined under subparagraph (B) for such taxable year as— (i) the aggregate amount of the qualified corporation's qualified possession wages for such taxable year, bears to (ii) the aggregate amount of the wages paid or incurred by such qualified corporation during such taxable year. In no event shall the amount determined under the preceding sentence exceed 15 percent of the amount referred to in clause (i). (B) Expenses taken into account For purposes of subparagraph (A), the amount determined under this subparagraph for any taxable year is the aggregate amount allowable (or, in the case of a foreign corporation, which would be allowable if such foreign corporation were a domestic corporation) as a deduction under this chapter to the qualified corporation for such taxable year with respect to— (i) employer contributions under a stock bonus, pension, profit-sharing, or annuity plan, (ii) employer-provided coverage under any accident or health plan for employees, and (iii) the cost of life or disability insurance provided to employees. Any amount treated as wages under paragraph (2)(D) shall not be taken into account under this subparagraph. (4) Depreciation rules For purposes of this section— (A) Depreciation allowances The term depreciation allowances means the depreciation deductions allowable (or, in the case of a foreign corporation, which would be allowable if such foreign corporation were a domestic corporation) under section 167 to the qualified corporation. (B) Qualified tangible property The term qualified tangible property means any tangible property— (i) which is used by the qualified corporation in a possession of the United States in the active conduct of a trade or business within such possession, (ii) to which section 168 applies, and (iii) which is not 3-year property for purposes of such section. (d) Intangible low-Taxed income tax amount For purposes of this section— (1) In general The intangible low-taxed income tax amount is an amount equal to the lesser of— (A) the eligible possession intangible low-tax income tax amount, or (B) the global intangible low-taxed income tax amount. (2) Eligible possession intangible low-taxed income tax amount (A) In general The eligible possession intangible low-taxed income tax amount is an amount equal to the excess of— (i) the product of— (I) the rate in effect under section 11 for the taxable year, and (II) the sum of the possession intangible low-taxed income amount for such taxable year and the amount which would be treated as a dividend under section 78 if only amounts attributable to such possession intangible low-tax income amount were taken into account under such section for such taxable year, reduced by the possession ILTI deduction for such taxable year, over (ii) an amount equal to the amount described in section 960(d), determined— (I) by substituting possession intangible low-taxed income amount (as defined in section 30E(d)(2)(B)) for global intangible low-taxed income (as defined in section 951A(b)) in paragraph (2)(A) thereof, and (II) by only taking into account income from the active conduct of a trade or business and from sources (determined under rules similar to the rules of part I of chapter N) within possessions of the United States for purposes of determining the amounts under paragraphs (2)(B) and (3) thereof. (B) Possession intangible low-taxed income amount The possession intangible low-taxed income amount is equal to the amount of global intangible low-taxed income (as defined in section 951A(b)) for the taxable year, determined— (i) by only taking into account income from the active conduct of a trade or business and from sources (determined under rules similar to the rules of part I of chapter N) within possessions of the United States for purposes of determining the tested income and tested loss, and (ii) for purposes of determining the qualified business asset investment, by only taking into account specified tangible property which is predominantly used— (I) in the production of income described in clause (i), and (II) in possessions of the United States. (C) Possession ILTI deduction The possession ILTI deduction is 50 percent (37.5 percent in the case of taxable years beginning after December 31, 2025) of— (i) the possession intangible low-taxed income amount (if any) for such taxable year, and (ii) the amount which would be treated as a dividend under section 78 if only amounts attributable to the amount described in clause (i) were taken into account. Rules similar to the rules of section 250(a)(2) (applied by substituting possession intangible low-taxed income amount (as defined in section 30E(d)(2)(B)) for global intangible low-taxed income amount in subsection (a)(1)(B)(i) for purposes of determining the amount described and taken into account therein) shall apply for purposes of this subparagraph. (3) Global intangible low-taxed income tax amount For purposes of this subsection, the global intangible low-taxed income tax amount is an amount equal to the excess of— (A) the product of— (i) the rate in effect under section 11 for the taxable year, and (ii) the sum of global intangible low-taxed income amount determined under section 951A(b) for such taxable year and the amount which would be treated as a dividend under section 78 if only amounts attributable to such global intangible low-taxed income amount were taken into account under such section for such taxable year, reduced by an amount equal to the amount determined under section 250(a)(1)(B), over (B) an amount equal to the amount described in section 960(d) (determined after the application of section 904). (e) Possession The term possession of the United States includes the Commonwealth of Puerto Rico and the Virgin Islands. (f) Credit not allowed against certain taxes The credit provided by subsection (a) shall not be allowed against the tax imposed by— (1) section 531 (relating to the tax on accumulated earnings), (2) section 541 (relating to personal holding company tax), or (3) section 1351 (relating to recoveries of foreign expropriation losses). (g) Other rules (1) Denial of Double Benefit (A) Branches In the case of a qualified domestic corporation described in subsection (b)(1)(A)— (i) no credit or deduction shall be allowed under this chapter for— (I) the portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of wages taken into account in determining the wage and asset limitation under subsection (c)(1)(A), (II) the portion of employee fringe benefit expenses for the taxable year which is equal to the amount of such expenses taken into account in determining the wage and asset limitation under subsection (c)(1)(A), and (III) the portion of depreciation allowances for the taxable year which is equal to the amount of such allowances taken into account under subsection (c)(1)(B), and (ii) any tax of a foreign country or a possession of the United States which is paid or accrued with respect to taxable income which is taken into account in computing the credit under subsection (a)(2)(A) shall not be treated as income, war profits, or excess profits taxes paid or accrued to a foreign country or possession of the United States, and no deduction shall be allowed under this title with respect to any amounts so paid or accrued. (B) Controlled foreign corporations In the case of a qualified domestic corporation described in subsection (b)(1)(B), for purposes of determining tested income or tested loss under section 951A— (i) the deductions described in section 951A(c)(2)(A)(ii) attributable to wages shall be reduced by the amounts described in subparagraph (A)(i)(I), (ii) the deductions described in section 951A(c)(2)(A)(ii) attributable to employee fringe benefit expenses shall be reduced by the amounts described in subparagraph (A)(i)(II), and (iii) the deductions described in section 951A(c)(2)(A)(ii) attributable to depreciation allowances shall be reduced by the amounts described in subparagraph (A)(i)(III). (2) Carryover of certain unused limitation (A) Branches (i) In general In the case of a qualified domestic corporation described in subsection (b)(1)(A), if the wage and asset limitation with respect to such corporation exceeds the amount described in subsection (a)(2)(A)(i), then such excess shall be a carryover to the first preceding taxable year and to any of the first 10 succeeding taxable years, in that order, and, subject to the limitations of clause (ii), shall be added to the wage and asset limitation for the taxable year to which it is carried. (ii) Limitation The unused amount which may be taken into account under clause (i) for any taxable year shall not exceed the amount (if any) by which the amount described in subsection (a)(2)(A)(i) for such taxable year exceeds the sum of— (I) the wage and asset limitation with respect to such corporation for such taxable year determined without regard to this paragraph, and (II) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused amount. (B) Controlled foreign corporations (i) In general In the case of a qualified domestic corporation described in subsection (b)(1)(B), if the amount described in subsection (a)(2)(B)(ii) for any taxable year exceeds the intangible low-taxed income tax amount, then such excess shall be a carryover to the first preceding taxable year and to any of the first 10 succeeding taxable years, in that order, and, subject to the limitations of clause (ii), shall be added to the amount described in subsection (a)(2)(B)(ii) for the taxable year to which it is carried. (ii) Limitation The unused amount which may be taken into account under clause (i) for any taxable year shall not exceed the amount (if any) by which the intangible low-taxed income tax amount for such taxable year exceeds the sum of— (I) the amount described in subsection (a)(2)(B)(ii) for such taxable year determined without regard to this paragraph, and (II) the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused amount. (3) Separate application to each possession For purposes of determining the amount of the credit allowed under this section, this section shall be applied separately with respect to each possession. . (b) Conforming amendments (1) Section 904(b) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Coordination with section 30E For purposes of subsection (a), in the case of a qualified domestic corporation described in section 30E(b)(1)(A), the taxable income shall not include any portion thereof taken into account for purposes of the credit (if any) allowed by section 30E (without regard to subsection (c) thereof). . (2) Section 904(f)(1) of such Code is amended by inserting and section 30E after For purposes of this subpart . (3) Section 904(g)(1) of such Code is amended by striking section 936 and inserting section 30E . (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 30E. Possession economic activity credit. . (c) Treatment of credit under BEAT Section 59A(b)(1)(B)(ii) of the Internal Revenue Code of 1986 is amended by redesignating subclause (II) as subclause (III) and by inserting after subclause (I) the following new subclause: (II) the credit allowed under section 30E, plus . (d) 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-117s2485is/xml/BILLS-117s2485is.xml |
117-s-2486 | II 117th CONGRESS 1st Session S. 2486 IN THE SENATE OF THE UNITED STATES July 27, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize the use of drugs, vaccines, and medical technologies to expand military and civilian access to such products and to improve transparency in taxpayer-funded biomedical research investments by the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Make Taxpayer-Funded Department of Defense Medical Interventions Affordable Act . 2. Authorization of use of drugs, vaccines, and medical technologies to expand military and civilian access to such products (a) Report and identification of products Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Secretary to comply with the paragraph entitled, Licensing of Federally owned medical interventions included on page 173 of the report of the Committee on Armed Services of the Senate to accompany the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ), which shall include the following information: (1) A description of what steps, if any, the Secretary has taken to comply with that paragraph. (2) A complete list of the drugs, vaccines, and medical technologies that, as of the date of the enactment of this Act, meet the requirements outlined in that paragraph. (3) For each drug, vaccine, or medical technology identified under paragraph (2), a discussion of the plans of the Secretary to utilize the authorities of the Secretary under section 203 or 209(d)(1) of title 35, United States Code, to authorize a third party or Federal agency to use the drug, vaccine, or medical technology. (b) Authorization of use Not later than one year after the date of the enactment of this Act, the Secretary of Defense, pursuant to section 203 or 209(d)(1) of title 35, United States Code, shall authorize third parties or Federal agencies to use not fewer than 10 drugs, vaccines, or medical technologies identified under subsection (a)(2) for the purpose of expanding military and civilian access to such drugs, vaccines, or technologies. 3. Transparency in taxpayer-funded biomedical research investments by the Department of Defense (a) In general The Secretary of Defense shall— (1) compile into a searchable database information relating to Federal support (before or after the date of enactment of this Act) provided by the Department of Defense or an entity acting on behalf of the Department of Defense for biomedical research and development, including drugs, vaccines, and medical technologies; and (2) make such database available on the public website of the Department of Defense. (b) Covered information The information relating to Federal support described in subsection (a)(1) shall include all contracts, funding agreements, licensing arrangements, other transactions, and other arrangements entered into by, or on behalf of, the Department of Defense with respect to research and development, manufacturing, and distribution of a drug (including a biological product), cell or gene therapy, medical device, or other medical technology, including the following: (1) Licensing agreements pursuant to section 207 or 209 of title 35, United States Code. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (3) Funding agreements, as defined in section 201 of title 35, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following: (A) The Public Health Service Act ( 42 U.S.C. 201 et seq. ), including sections 301, 319L, 421, and 480 of such Act ( 42 U.S.C. 241 , 247d–7e, 285b–3, 287a). (B) Section 105 of the National Institutes of Health Reform Act of 2006 ( 42 U.S.C. 284n ). (C) Chapter 139 of title 10, United States Code, including sections 2358, 2371, 2371a, 2371b, and 2373. (c) Information required Notwithstanding any other provision of law, the Secretary of Defense shall include in the database under subsection (a), with regard to each contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b), at least the following information: (1) The agency, program, institute, or other entity of the Department of Defense providing the Federal grant, cooperative agreement, or other support. (2) The amount and period of Federal financial support with an itemized breakdown. (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (4) The grant number, if applicable. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying— (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (9) Any products (including repurposed products) approved, authorized, or cleared for marketing, or for which marketing approval, authorization, or clearance is being sought, the development of which was aided by Federal support, including— (A) the names of such products; (B) the prices of such products; and (C) the current and anticipated manufacturing capacity to produce such products. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (d) Format of information The database under subsection (a) shall be— (1) searchable and filterable according to the categories of information described in subsection (c); and (2) presented in a user-friendly format. (e) Timing The database under subsection (a) shall be— (1) made publicly available not later than one month after the date of the enactment of this Act; and (2) updated not less frequently than once every two weeks. (f) Disclosure (1) In general Notwithstanding any other provision of law, to the extent necessary for the Secretary of Defense to carry out this section, the Secretary may require entities receiving Federal support described in subsection (a)(1) to disclose to the Secretary any information relating to such Federal support and required to be included in the database under subsection (a). (2) Intermediary cooperation (A) In general Any arrangement entered into by the Department of Defense with an entity providing for such entity to enter into contracts, licensing agreements, grants, other transactions, or other arrangements with third parties on behalf of the Department shall require such entity to disclose in a timely manner any information necessary for the Department to fulfill its duties under this section. (B) Existing arrangements With respect to any arrangement described in subparagraph (A) with an entity in place as of the date of the enactment of this Act, the Secretary of Defense may require the entity to disclose to the Secretary any information required to be included in the database under subsection (a). (3) Penalty for nondisclosure If an entity that is required to disclose information pursuant to paragraph (1) or (2) fails to disclose such information by the date that is two weeks after the date on which the Secretary of Defense requests such information, or by such reasonable deadline as the Secretary may specify, whichever is sooner, then such entity shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such failure continues. | https://www.govinfo.gov/content/pkg/BILLS-117s2486is/xml/BILLS-117s2486is.xml |
117-s-2487 | II 117th CONGRESS 1st Session S. 2487 IN THE SENATE OF THE UNITED STATES July 27, 2021 Ms. Ernst (for herself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the provision of Federal assistance to transit and rail projects with significant cost overruns and that are projected to lose money, and for other purposes.
1. Short title This Act may be cited as the Put the Brakes on Boondoggles Act . 2. Prohibition on use of Federal funds for certain transit and rail projects Notwithstanding any other provision of law, the Secretary of Transportation shall not provide any new assistance for a transit or rail project if— (1) the overall cost projection to complete the project exceeds the original cost projection by at least $1,000,000,000; and (2) the operational and administrative costs of the service provided by the project are projected to exceed the revenues generated from ridership annually over the next decade. | https://www.govinfo.gov/content/pkg/BILLS-117s2487is/xml/BILLS-117s2487is.xml |
117-s-2488 | II 117th CONGRESS 1st Session S. 2488 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Cornyn (for himself, Mr. Bennet , Ms. Ernst , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Public Health Service Act to expand the capacity of the suicide prevention lifeline and mental health crisis centers.
1. Short title This Act may be cited as the Suicide and Crisis Outreach Prevention Enhancement Act . 2. Expanding capacity of the suicide prevention lifeline and mental health crisis centers Section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting supporting and before coordinating ; and (ii) by inserting mental health before crisis intervention services ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1), the following: (2) increasing the capacity of the program and crisis centers participating in the network to provide suicide prevention and mental health crisis intervention services to individuals seeking help; ; (D) in paragraph (3), as redesignated by subparagraph (B), by striking and after the semicolon; (E) in paragraph (4), as redesignated by subparagraph (B), by striking the period at the end and inserting a semicolon; and (F) by inserting after paragraph (4), as redesignated by subparagraph (B), the following: (5) improving awareness of the program for suicide prevention and mental health crisis intervention services, including by conducting an awareness campaign and ongoing outreach to the public; and (6) establishing, standardizing, and maintaining data collection and reports on racial, ethnic, geographic, socioeconomic, and other health disparities to understand disparities in access to the program and among individuals who are seeking help. ; and (2) in subsection (c), by striking $7,198,000 for each of fiscal years 2018 through 2022 and inserting $50,000,000 for each of fiscal years 2022 through 2026 . 3. Ensuring connections and access for low-income users (a) Transmission of connection A telecommunications carrier (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ))— (1) shall transmit all calls to 988 and the National Suicide Prevention Lifeline to a caller’s local crisis center; and (2) if a local crisis center transfers such a call to a local emergency, mental health, or social services resource, shall transmit the call accordingly. (b) Pre-Paid phone plans Calls to 988 and the National Suicide Prevention Lifeline from phones with pre-paid plans shall not count toward used minutes and a telecommunications carrier (as defined in subsection (a)) shall not deduct minutes from a caller’s pre-paid phone plan for such purposes. (c) Enforcement A violation of this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). The Federal Communications 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 Communications Act of 1934 were incorporated into and made a part of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2488is/xml/BILLS-117s2488is.xml |
117-s-2489 | II 117th CONGRESS 1st Session S. 2489 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Cotton (for himself, Mr. Scott of Florida , Mr. Boozman , Mr. Rubio , Mr. Hagerty , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the maintenance of the country of origin markings for imported goods produced in the West Bank or Gaza, and for other purposes.
1. Short title This Act may be cited as the Anti-BDS Labeling Act . 2. Continuation in effect of country of origin marking policy for imported goods produced in the West Bank or Gaza The policy of the Government of the United States with respect to country of origin marking of imported goods produced in the West Bank or Gaza, notice of which was published by U.S. Customs and Border Protection in the Federal Register on December 23, 2020 (85 Fed. Reg. 83984), shall remain in effect until repealed by an Act of Congress. 3. Prohibition on use of funds to rescind or change the country of origin marking policy for imported goods produced in the West Bank or Gaza Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for the Department of State or U.S. Customs and Border Protection on or after the date of the enactment of this Act may be obligated or expended to prepare or promulgate any policy, guidance, regulation, notice, or Executive order or to otherwise implement, administer, or enforce any policy that rescinds or changes the policy of the Government of the United States with respect to country of origin marking of imported goods produced in the West Bank or Gaza, notice of which was published by U.S. Customs and Border Protection in the Federal Register on December 23, 2020 (85 Fed. Reg. 83984). | https://www.govinfo.gov/content/pkg/BILLS-117s2489is/xml/BILLS-117s2489is.xml |
117-s-2490 | II 117th CONGRESS 1st Session S. 2490 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Cornyn (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Blackwell School National Historic Site in Marfa, Texas, and for other purposes.
1. Short title This Act may be cited as the Blackwell School National Historic Site Act . 2. Findings Congress finds that— (1) the Blackwell School, located at 501 South Abbott Street, in Marfa, Presidio County, Texas, is— (A) associated with the period of racial segregation in Marfa public schools; and (B) the only extant property directly associated with Hispanic education in Marfa since the other buildings were torn down after the Blackwell School closed in 1965; (2) the Blackwell School is a tangible reminder of the period during which the doctrine of separate but equal dominated education and social systems; (3) despite being categorized as white by Texas law, Mexican Americans were regularly excluded from commingling with Anglo individuals at barbershops, restaurants, funeral homes, theaters, churches, and schools; (4) the spectrum of experiences of students and teachers at the Blackwell School are an important record of life in a segregated school in the context of the history of Texas and the United States; (5) Mexican and Mexican American culture and history in Marfa is tied to the Blackwell School, which for more than 50 years served as a leading feature of the Hispanic community, illustrating the challenge of maintaining cultural identity in a dominant Anglo society; (6) Hispanic influences continue to be seen in social and religious organizations, business and government institutions, and shared experiences of language, food, and music in Marfa, Texas; (7) the historic Blackwell School building is a physical record of— (A) the longevity and beauty of the distinctive design and craftsmanship informed by traditional techniques and materials; and (B) the transition from the purely vernacular to the period of materials, design, and workmanship made available after the arrival of the railroad; (8) the original historic school building and grounds on which the Blackwell School building stands provide an authentic setting to commemorate and interpret the history of the Blackwell School; (9) the Blackwell School is closely associated with the broad patterns of local, State, and national history in the area of school segregation; and (10) Mexicans and other members of the Latin American diaspora have placed a high value on education as a means of economic, social, and political advancement, but Hispanics and Latinos have not always had equitable opportunities and access to quality educational facilities in the United States. 3. Definitions In this Act: (1) Map The term map means the map prepared under section 4(b)(1). (2) National historic site The term National Historic Site means the Blackwell School National Historic Site established by section 4(a)(1). (3) Secretary The term Secretary means the Secretary of the Interior. 4. Establishment of the Blackwell School National Historic Site (a) Establishment (1) In general Subject to paragraph (2), there is established the Blackwell School National Historic Site in the State of Texas as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations the Blackwell School, including— (A) the role of the Blackwell School as an academic and cultural cornerstone in Marfa, Texas; and (B) the function of the Blackwell School within a segregated system of education in Texas and the United States from the period of 1885 through 1965. (2) Determination by Secretary The National Historic Site shall not be established until the date on which the Secretary determines that— (A) a written agreement has been entered into by the Secretary with the Marfa Unified School District providing that the Blackwell School shall be donated to the United States or co-managed with the Secretary for inclusion in a national historic site to be managed consistently with the purposes of a national historic site; and (B) a sufficient quantity of land or an interest in land within the boundaries of the National Historic Site has been acquired to constitute a manageable unit. (b) Map (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map that depicts the boundaries of the National Historic Site. (2) Boundaries The boundaries of the National Historic Site shall be the boundaries generally depicted on the map. (3) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Acquisition of authority The Secretary may only acquire any land or interest in land located within the boundary of the National Historic Site by— (1) donation; (2) purchase with donated funds; or (3) exchange. (d) Administration (1) In general The Secretary shall administer the National Historic Site in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan (A) In general Not later than 3 years after the date on which funds are first made available to the Secretary to prepare a general management plan for the National Historic Site, the Secretary shall prepare a general management plan for the National Historic Site in accordance with section 100502 of title 54, United States Code. (B) Submission On completion of the general management plan under subparagraph (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 the general management plan prepared under that subparagraph. (e) Cooperative agreements The Secretary shall enter into cooperative agreements with the Blackwell School Alliance and other local, regional, State, academic, and nonprofit partners for interpretive and educational programming, technical assistance, and rehabilitation relating to the National Historic Site. (f) Written consent of owner No private property or non-Federal public property shall be included within the boundaries of the National Historic Site or managed as part of the National Historic Site without the written consent of the owner of the property. | https://www.govinfo.gov/content/pkg/BILLS-117s2490is/xml/BILLS-117s2490is.xml |
117-s-2491 | II 117th CONGRESS 1st Session S. 2491 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. King (for himself, Mr. Rounds , and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to establish the National Cyber Resilience Assistance Fund, to improve the ability of the Federal Government to assist in enhancing critical infrastructure cyber resilience, to improve security in the national cyber ecosystem, to address Systemically Important Critical Infrastructure, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Defense of United States 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. TITLE I—Investing in cyber resiliency in critical infrastructure Sec. 101. Establishment of the National Cyber Resilience Assistance Fund. TITLE II—Improving the ability of the Federal Government to assist in enhancing critical infrastructure cyber resilience Sec. 201. Institute a 5-year term for the cybersecurity and infrastructure security director. Sec. 202. Create a joint collaborative environment. Sec. 203. Designate three critical technology security centers. TITLE III—Improving security in the national cyber ecosystem Sec. 301. Establish a National Cybersecurity Certification and Labeling Authority. Sec. 302. Establish the Bureau of Cybersecurity Statistics. Sec. 303. Secure foundational internet protocols. TITLE IV—Systemically Important Critical Infrastructure Sec. 401. Definitions. Sec. 402. Systemically Important Critical Infrastructure. Sec. 403. Plan for enhancement of Systemically Important Critical Infrastructure methodology and capability. TITLE V—Enabling the National Cyber Director Sec. 501. Establishment of hiring authorities for the Office of the National Cyber Director. I Investing in cyber resiliency in critical infrastructure 101. Establishment of the National Cyber Resilience Assistance Fund (a) Sense of congress It is the sense of Congress that— (1) the United States now operates in a cyber landscape that requires a level of data security, resilience, and trustworthiness that neither the United States Government nor the private sector alone is currently equipped to provide; (2) the United States must deny benefits to adversaries who have long exploited cyberspace to their advantage, to the disadvantage of the United States, and at little cost to themselves; (3) this new approach requires securing critical networks in collaboration with the private sector to promote national resilience and increase the security of the cyber ecosystem; (4) reducing the vulnerabilities adversaries can target denies them opportunities to attack the interests of the United States through cyberspace; (5) the public and private sectors struggle to coordinate cyber defenses, leaving gaps that decrease national resilience and create systemic risk; (6) new technology continues to emerge that further compounds these challenges; (7) while the Homeland Security Grant Program and resourcing for national preparedness under the Federal Emergency Management Agency are well-established, the United States Government has no equivalent for cybersecurity preparation or prevention; (8) the lack of a consistent, resourced fund for investing in resilience in key areas inhibits the United States Government from conveying its understanding of risk into strategy, planning, and action in furtherance of core objectives for the security and resilience of critical infrastructure; (9) Congress has worked diligently to establish the Cybersecurity and Infrastructure Security Agency, creating a new agency that can leverage broad authorities to receive and share information, provide technical assistance to operators, and partner with stakeholders across the executive branch, State and local communities, and the private sector; (10) the Cybersecurity and Infrastructure Security Agency requires strengthening in its mission to ensure the national resilience of critical infrastructure, promote a more secure cyber ecosystem, and serve as the central coordinating element to support and integrate Federal, State, local, and private-sector cybersecurity efforts; and (11) the Cybersecurity and Infrastructure Security Agency requires further resource investment and clear authorities to realize its full potential. (b) Amendments Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) in section 2202(c) ( 6 U.S.C. 652(c) )— (A) in paragraph (11), by striking and at the end; (B) in the first paragraph designated as paragraph (12), relating to the Cybersecurity State Coordinator— (i) by striking section 2215 and inserting section 2217 ; and (ii) by striking and at the end; and (C) by redesignating the second and third paragraphs designated as paragraph (12) as paragraphs (13) and (14), respectively; (2) by redesignating section 2217 ( 6 U.S.C. 665f ) as section 2220; (3) by redesignating section 2216 ( 6 U.S.C. 665e ) as section 2219; (4) by redesignating the fourth section 2215 (relating to Sector Risk Management Agencies) ( 6 U.S.C. 665d ) as section 2218; (5) by redesignating the third section 2215 (relating to the Cybersecurity State Coordinator) ( 6 U.S.C. 665c ) as section 2217; (6) by redesignating the second section 2215 (relating to the Joint Cyber Planning Office) ( 6 U.S.C. 665b ) as section 2216; and (7) by adding at the end the following: 2220A. National Cyber Resilience Assistance Fund (a) Definitions In this section: (1) Cybersecurity risk The term cybersecurity risk has the meaning given that term in section 2209. (2) Eligible entity The term eligible entity means an entity that meets the guidelines and requirements for eligible entities established by the Secretary under subsection (d)(4). (3) Fund The term Fund means the National Cyber Resilience Assistance Fund established under subsection (c). (4) National critical functions The term national critical functions means the functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. (b) Creation of a critical infrastructure resilience strategy and a national risk management cycle (1) Initial risk identification and assessment (A) In general The Secretary, acting through the Director, shall establish a process by which to identify, assess, and prioritize risks to critical infrastructure, considering both cyber and physical threats, vulnerabilities, and consequences. (B) Consultation In establishing the process required under subparagraph (A), the Secretary shall consult with Sector Risk Management Agencies, critical infrastructure owners and operators, and the National Cyber Director. (C) Publication Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A). (D) Report Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A). (2) Initial national critical infrastructure resilience strategy (A) In general Not later than 1 year after the date on which the Secretary delivers the report required under paragraph (1)(D), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. (B) Elements In the strategy delivered under subparagraph (A), the President shall— (i) identify, assess, and prioritize areas of risk to critical infrastructure that would compromise, disrupt, or impede the ability of the critical infrastructure to support the national critical functions of national security, economic security, or public health and safety; (ii) identify and outline current and proposed national-level actions, programs, and efforts to be taken to address the risks identified; (iii) identify the Federal departments or agencies responsible for leading each national-level action, program, or effort and the relevant critical infrastructure sectors for each; (iv) outline the budget plan required to provide sufficient resources to successfully execute the full range of activities proposed or described by the strategy; and (v) request any additional authorities or resources necessary to successfully execute the strategy. (C) Form The strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. (3) Congressional briefing Not later than 1 year after the date on which the President delivers the strategy under subparagraph (A), and every year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the appropriate congressional committees on the national risk management cycle activities undertaken pursuant to the strategy. (4) Five year risk management cycle (A) Risk identification and assessment Under procedures established by the Secretary, the Secretary shall repeat the conducting and reporting of the risk identification and assessment required under paragraph (1), in accordance with the requirements in paragraph (1), every 5 years. (B) Strategy Under procedures established by the President, the President shall repeat the preparation and delivery of the critical infrastructure resilience strategy required under paragraph (2), in accordance with the requirements in paragraph (2), every 5 years, which shall also include assessing the implementation of the previous national critical infrastructure resilience strategy. (c) Establishment of the National Cyber Resilience Assistance Fund There is established in the Treasury of the United States a fund, to be known as the National Cyber Resilience Assistance Fund , which shall be available for the cost of risk-based grant programs focused on systematically increasing the resilience of public and private critical infrastructure against cybersecurity risk, thereby increasing the overall resilience of the United States. (d) Administration of grants from the National Cyber Resilience Assistance Fund (1) In general In accordance with this section, the Secretary, acting through the Administrator of the Federal Emergency Management Agency and the Director, shall develop and administer processes to— (A) establish focused grant programs to address identified areas of cybersecurity risk to, and bolster the resilience of, critical infrastructure; (B) accept and evaluate applications for each such grant program; (C) award grants under each such grant program; and (D) disburse amounts from the Fund. (2) Establishment of risk-focused grant programs (A) Establishment (i) In general The Secretary, acting through the Director and the Administrator of the Federal Emergency Management Agency, may establish not less than 1 grant program focused on mitigating an identified category of cybersecurity risk identified under the national risk management cycle and critical infrastructure resilience strategy under subsection (b) in order to bolster the resilience of critical infrastructure within the United States. (ii) Selection of focus area Before selecting a focus area for a grant program pursuant to this subparagraph, the Director shall ensure— (I) there is a clearly defined cybersecurity risk identified through the national risk management cycle and critical infrastructure resilience strategy under subsection (b) to be mitigated; (II) market forces do not provide sufficient private-sector incentives to mitigate the risk without Government investment; and (III) there is clear Federal need, role, and responsibility to mitigate the risk in order to bolster the resilience of critical infrastructure. (B) Funding (i) Recommendation Beginning in the first fiscal year following the establishment of the Fund and each fiscal year thereafter, the Director shall— (I) assess the funds available in the Fund for the fiscal year; and (II) recommend to the Secretary the total amount to be made available from the Fund under each grant program established under this subsection. (ii) Allocation After considering the recommendations made by the Director under clause (i) for a fiscal year, the Director shall allocate amounts from the Fund to each active grant program established under this subsection for the fiscal year. (3) Use of funds Amounts in the Fund shall be used to mitigate risks identified through the national risk management cycle and critical infrastructure resilience strategy under subsection (b). (4) Eligible entities (A) Guidelines and requirements (i) In general In accordance with clause (ii), the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives a set of guidelines and requirements for determining the entities that are eligible entities. (ii) Deadlines The Secretary shall submit the guidelines and requirements under clause (i)— (I) not later than 180 days after the date of enactment of this section, and every 2 years thereafter; and (II) not later than 30 days before the date on which the Secretary implements the guidelines and requirements. (B) Considerations In developing guidelines and requirements for eligible entities under subparagraph (A), the Secretary shall consider— (i) number of employees; (ii) annual revenue; (iii) existing entity cybersecurity spending; (iv) current cyber risk assessments, including credible threats, vulnerabilities, and consequences; and (v) entity capacity to invest in mitigating cybersecurity risk absent assistance from the Federal Government. (5) Limitation For any fiscal year, an eligible entity may not receive more than 1 grant from each grant program established under this subsection. (6) Grant processes The Secretary, acting through the Administrator of the Federal Emergency Management Agency, shall require the submission of such information as the Secretary determines is necessary to— (A) evaluate a grant application against the criteria established under this section; (B) disburse grant funds; (C) provide oversight of disbursed grant funds; and (D) evaluate the effectiveness of the funded project in increasing the overall resilience of the United States with respect to cybersecurity risks. (7) Grant criteria For each grant program established under this subsection, the Director, in coordination with the Administrator of the Federal Emergency Management Agency, shall develop and publish criteria for evaluating applications for funding, which shall include— (A) whether the application identifies a clearly defined cybersecurity risk; (B) whether the cybersecurity risk identified in the grant application poses a substantial threat to critical infrastructure; (C) whether the application identifies a program or project clearly designed to mitigate a cybersecurity risk; (D) the potential consequences of leaving the identified cybersecurity risk unmitigated, including the potential impact to the critical functions and overall resilience of the nation; and (E) other appropriate factors identified by the Director. (8) Evaluation of grants applications (A) In general Utilizing the criteria established under paragraph (7), the Director, in coordination with the Administrator of the Federal Emergency Management Agency, shall evaluate grant applications made under each grant program established under this subsection. (B) Recommendation Following the evaluations required under subparagraph (A), the Director shall recommend to the Secretary applications for approval, including the amount of funding recommended for each such approval. (9) Award of grant funding The Secretary shall— (A) review the recommendations of the Director prepared pursuant to paragraph (8); and (B) provide a final determination of grant awards to the Administrator of the Federal Emergency Management Agency to be disbursed and administered under the process established under paragraph (6). (e) Evaluation of grant programs utilizing the National Cyber Resilience Assistance Fund (1) Evaluation The Secretary shall establish a process to evaluate the effectiveness and efficiency of grants distributed under this section and develop appropriate updates, as needed, to the grant programs. (2) Annual report Not later than 180 days after the conclusion of the first fiscal year in which grants are awarded under this section, and every fiscal year thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives a report detailing the grants awarded from the Fund, the status of projects undertaken with the grant funds, any planned changes to the disbursement methodology of the Fund, measurements of success, and total outlays from the Fund. (3) Grant program review (A) Annual assessment Before the start of the second fiscal year in which grants are awarded under this section, and every fiscal year thereafter, the Director shall assess the grant programs established under this section and determine— (i) for the coming fiscal year— (I) whether new grant programs with additional focus areas should be created; (II) whether any existing grant program should be discontinued; and (III) whether the scope of any existing grant program should be modified; and (ii) the success of the grant programs in the prior fiscal year. (B) Submission to Congress Not later than 90 days before the start of the second fiscal year in which grants are awarded under this section, and every fiscal year thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives the assessment conducted pursuant to subparagraph (A) and any planned alterations to the grant program for the coming fiscal year. (f) Limitation on use of grant funds Funds awarded pursuant to this section— (1) shall supplement and not supplant State or local funds or, as applicable, funds supplied by the Bureau of Indian Affairs; and (2) may not be used— (A) to provide any Federal cost-sharing contribution on behalf of a State or local government; (B) to pay a ransom; (C) by or for a non-United States entity; or (D) for any recreational or social purpose. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2022 through 2026. (h) Transfers authorized During a fiscal year, the Secretary or the head of any component of the Department that administers the State and Local Cybersecurity Grant Program may transfer not more than 5 percent of the amounts appropriated pursuant to subsection (g) or other amounts appropriated to carry out the National Cyber Resilience Assistance Fund for that fiscal year to an account of the Department for salaries, expenses, and other administrative costs incurred for the management, administration, or evaluation of this section. . (c) Technical and conforming amendments (1) 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 striking the item relating to section 2214 and all that follows through the item relating to section 2217 and inserting the following: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to .gov internet domain. Sec. 2216. Joint Cyber Planning Office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity education and training programs. Sec. 2220A. National Cyber Resilience Assistance Fund. . (2) Additional technical amendment (A) Amendment Section 904(b)(1) of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by striking Homeland Security Act and inserting Homeland Security Act of 2002 . (B) Effective date The amendment made by subparagraph (A) shall take effect as if enacted as part of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ). II Improving the ability of the Federal Government to assist in enhancing critical infrastructure cyber resilience 201. Institute a 5-year term for the cybersecurity and infrastructure security director (a) In general Subsection (b)(1) of section 2202 of the Homeland Security Act of 2002 ( 6 U.S.C. 652 ), is amended by inserting The Director shall be appointed for a term of 5 years. after who shall report to the Secretary. . (b) Transition rules The amendment made by subsection (a) shall take effect on the earlier of— (1) the first appointment of an individual to the position of Director of the Cybersecurity and Infrastructure Protection Agency of the Department of Homeland Security, by and with the advice and consent of the Senate, that is made on or after the date of enactment of this Act; or (2) January 1, 2022. 202. Create a joint collaborative environment (a) In general The Director of the Cybersecurity and Infrastructure Security Agency shall establish a joint, cloud-based, information sharing environment to— (1) integrate the Federal Government’s unclassified and classified cyber threat information, malware forensics, and data related to cybersecurity risks (as defined in section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 )) that is derived from network sensor programs; (2) enable cross-correlation of threat data at the speed and scale necessary for rapid detection and identification; (3) enable query and analysis by appropriate operators across the Federal Government; (4) facilitate a whole-of-Government, comprehensive understanding of the cyber threats to the resilience of the Federal Government and national critical infrastructure networks; (5) enable and support the private-public cybersecurity collaboration efforts of the Federal Government, whose successes will be directly dependent on the accuracy, comprehensiveness, and timeliness of threat information collected and held by the Federal Government; and (6) enable data curation for artificial intelligence models and provide an environment to enable the Federal Government to curate data and build applications. (b) Development (1) Initial evaluation Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director shall— (A) identify all Federal sources of classified and unclassified cyber threat information; (B) evaluate all programs, applications, or platforms of the Federal Government that are intended to detect, identify, analyze, or monitor cyber threats against the resiliency of the Federal Government or critical infrastructure; and (C) submit a recommendation to the President identifying Federal programs to be designated and required to participate in the Information Sharing Environment, including— (i) Government network-monitoring and intrusion detection programs; (ii) cyber threat indicator-sharing programs and Government-sponsored network sensors or network-monitoring programs for the private sector or for State, local, tribal, and territorial governments; (iii) incident response and cybersecurity technical assistance programs; and (iv) malware forensics and reverse-engineering programs. (2) Designation of participating programs Not later than 60 days after completion of the evaluation required under paragraph (1), the President shall issue a determination designating the departments, agencies, Federal programs, and corresponding systems and assets that are required to be a part of the Information Sharing Environment. (3) Design Not later than 1 year after completion of the evaluation required under paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall design the structure of a common platform for sharing and fusing existing Government information, insights, and data related to cyber threats and threat actors, which, at a minimum, shall— (A) account for appropriate data standards and interoperability requirements; (B) enable integration of existing applications, platforms, data, and information, to include classified information; (C) ensure access by such Federal departments and agencies as the Director of the Cybersecurity and Infrastructure Security Agency determines necessary; (D) account for potential private sector participation and partnerships; (E) enable unclassified data to be integrated with classified data; (F) anticipate the deployment of analytic tools across classification levels to leverage all relevant data sets, as appropriate; (G) identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; (H) anticipate the integration of new technologies and data streams, including data related to cybersecurity risks derived from Government-sponsored voluntary network sensors or network-monitoring programs for the private sector or for State, local, Tribal, and territorial governments; and (I) appropriately account for departments, agencies, programs, and systems and assets determined to be required to participate by the President under paragraph (2) in the Information Sharing Environment. (c) Operation The Information Sharing Environment shall be managed by the Director of the Cybersecurity and Infrastructure Security Agency. (d) Post-Deployment assessment Not later than 1 year after the date on which the Information Sharing Environment is established, the Director of the Cybersecurity and Infrastructure Security Agency and the Director shall assess the means by which the Information Sharing Environment may be expanded to include the private sector and critical infrastructure information sharing organizations and, to the maximum extent practicable, begin the process of such expansion. (e) Private sector sharing information sharing protections To the extent any private entity shares cyber threat indicators and defensive measures through or with the Information Sharing Environment and in a manner that is consistent with all requirements under section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500 ), the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 et seq. ), and any applicable guidelines promulgated under subsection (f), such activities shall be considered to be authorized by and in accordance with section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and the Cybersecurity Information Sharing Act of 2015. (f) Privacy and civil liberties (1) Guidelines of attorney general Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security (acting through the Director of the Cybersecurity and Infrastructure Security Agency) and the Attorney General, shall jointly, and in coordination with heads of the appropriate Federal entities and in consultation with officers designated under section 1062 of the National Security Intelligence Reform Act of 2004 ( 42 U.S.C. 2000ee–1 ), develop, submit to Congress, and make available to the public interim guidelines relating to privacy and civil liberties which shall govern the receipt, retention, use, and dissemination of cyber threat indicators by a Federal entity obtained in connection with activities authorized in this section. (2) Final guidelines (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security (acting through the Director of the Cybersecurity and Infrastructure Security Agency) and the Attorney General, shall jointly, in coordination with heads of the appropriate Federal entities and in consultation with officers designated under section 1062 of the National Security Intelligence Reform Act of 2004 ( 42 U.S.C. 2000ee–1 ) and such private entities with industry expertise as the Secretary and the Attorney General consider relevant, promulgate final guidelines relating to privacy and civil liberties which shall govern the receipt, retention, use, and dissemination of cyber threat indicators by a Federal entity obtained in connection with activities authorized in this section. (B) Periodic review The Secretary of Homeland Security (acting through the Director of the Cybersecurity and Infrastructure Security Agency) and the Attorney General, shall jointly, in coordination with heads of the appropriate Federal entities and in consultation with officers and private entities described in subparagraph (A), periodically, but not less frequently than once every 2 years, review the guidelines promulgated under subparagraph (A). (3) Content The guidelines required by paragraphs (1) and (2) shall, consistent with the need to bolster the resilience of information systems and mitigate cybersecurity threats— (A) limit the effect on privacy and civil liberties of activities by the Federal Government under this section; (B) limit the receipt, retention, use, and dissemination of cyber threat indicators containing personal information or information that identifies specific persons, including by establishing— (i) a process for the timely destruction of such information that is known not to be directly related to uses authorized under this section; and (ii) specific limitations on the length of any period in which a cyber threat indicator may be retained; (C) include requirements to safeguard cyber threat indicators containing personal information or information that identifies specific persons from unauthorized access or acquisition, including appropriate sanctions for activities by officers, employees, or agents of the Federal Government in contravention of such guidelines; (D) include procedures for notifying entities and Federal entities if information received pursuant to this subsection is known or determined by a Federal entity receiving such information not to constitute a cyber threat indicator; (E) protect the confidentiality of cyber threat indicators containing personal information or information that identifies specific persons to the greatest extent practicable and require recipients to be informed that such indicators may only be used for purposes authorized under this section; and (F) include steps that may be needed so that dissemination of cyber threat indicators is consistent with the protection of classified and other sensitive national security information. (g) Oversight of government activities (1) Biennial report on privacy and civil liberties Not later than 2 years after the date of enactment of this Act, and not less frequently than once every year thereafter, the Privacy and Civil Liberties Oversight Board shall submit to Congress and the President a report providing— (A) an assessment of the effect on privacy and civil liberties by the type of activities carried out under this section; and (B) an assessment of the sufficiency of the guidelines established pursuant to subsection (f) in addressing concerns relating to privacy and civil liberties. (2) Biennial report by inspectors general (A) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Inspector General of the Department of Homeland Security, the Inspector General of the Intelligence Community, the Inspector General of the Department of Justice, the Inspector General of the Department of Defense, and the Inspector General of the Department of Energy shall, in consultation with the Council of Inspectors General on Integrity and Efficiency, jointly submit to Congress a report on the receipt, use, and dissemination of cyber threat indicators and defensive measures that have been shared with Federal entities under this section. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A review of the types of cyber threat indicators shared with Federal entities. (ii) A review of the actions taken by Federal entities as a result of the receipt of such cyber threat indicators. (iii) A list of Federal entities receiving such cyber threat indicators. (iv) A review of the sharing of such cyber threat indicators among Federal entities to identify inappropriate barriers to sharing information. (3) Recommendations Each report submitted under this subsection may include such recommendations as the Privacy and Civil Liberties Oversight Board, with respect to a report submitted under paragraph (1), or the Inspectors General referred to in paragraph (2)(A), with respect to a report submitted under paragraph (2), may have for improvements or modifications to the authorities under this section. (4) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. (i) Definitions In this section: (1) Critical infrastructure The term critical infrastructure has the meaning given that term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (2) Director The term Director means the National Cyber Director. (3) Information sharing environment The term Information Sharing Environment means the information sharing environment established under subsection (a). 203. Designate three critical technology security centers (a) In general Section 307(b)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 187(b)(3) ), is amended— (1) in the matter preceding subparagraph (A), by inserting national laboratories, before and universities ; (2) in subparagraph (C), by striking and at the end; (3) in subparagraph (D), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (E) establish not less than 1, and not more than 3, cybersecurity-focused critical technology security centers, in order to bolster the overall resilience of the networks and critical infrastructure of the United States, to perform— (i) network technology security testing, to test the security of cyber-related hardware and software; (ii) connected industrial control system security testing, to test the security of connected programmable data logic controllers, supervisory control and data acquisition servers, and other cyber connected industrial equipment; and (iii) open source software security testing, to test and coordinate efforts to fix vulnerabilities in open-source software. . (b) Authorization of appropriations There are authorized to be appropriated to carry out the amendments made by this section $15,000,000 for each of fiscal years 2022 through 2026. III Improving security in the national cyber ecosystem 301. Establish a National Cybersecurity Certification and Labeling Authority (a) Definitions In this section: (1) Accredited certifying agent The term accredited certifying agent means any person who is accredited by the Authority as a certifying agent for the purposes of certifying a specific class of critical information and communications technology. (2) Authority The term Authority means the National Cybersecurity Certification and Labeling Authority established under subsection (b)(1). (3) Certification The term certification means a seal or symbol provided by the Authority or an accredited certifying agent, that results from passage of a comprehensive evaluation of an information and communications technology that establishes the extent to which a particular design and implementation meets a set of specified security standards. (4) Critical information and communications technology The term critical information and communications technology means information and communications technology that is in use in critical infrastructure sectors and that underpins the resilience of national critical functions, as determined by the Secretary. (5) Critical infrastructure The term critical infrastructure has the meaning given that term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (6) Label The term label means a clear, visual, and easy to understand symbol or list that conveys specific information about a product’s security attributes, characteristics, functionality, components, or other features. (7) Program The term Program means the program administered under subsection (b)(1). (8) Secretary The term Secretary means the Secretary of Homeland Security. (b) National cybersecurity certification and labeling authority (1) Establishment There is established a National Cybersecurity Certification and Labeling Authority for the purpose of establishing and administering a voluntary national cybersecurity certification and labeling program for critical information and communications technology in order to bolster the resilience of the networks and critical infrastructure of the United States. (2) Programs (A) Accreditation of certifying agents As part of the Program, the Authority shall define and publish a process whereby governmental and nongovernmental entities may apply to become accredited certifying agents for the certification of specific critical information and communications technology, including— (i) smartphones; (ii) tablets; (iii) laptop computers; (iv) operating systems; (v) routers; (vi) software-as-a-service; (vii) infrastructure-as-a-service; (viii) platform-as-a-service; (ix) programmable logic controllers; (x) intelligent electronic devices; and (xi) programmable automation controllers. (B) Identification of standards, frameworks, and benchmarks As part of the Program, the Authority shall work in coordination with accredited certifying agents, the Secretary, and subject matter experts from the Federal Government, academia, nongovernmental organizations, and the private sector to identify and harmonize common security standards, frameworks, and benchmarks against which the security of critical information and communications technologies may be measured. (C) Product certification As part of the Program, the Authority, in consultation with the Secretary and other experts from the Federal Government, academia, nongovernmental organizations, and the private sector, shall— (i) develop, and disseminate to accredited certifying agents, guidelines to standardize the presentation of certifications to communicate the level of security for critical information and communications technologies; (ii) develop, or permit accredited certifying agents to develop, certification criteria for critical information and communications technologies based on identified security standards, frameworks, and benchmarks, through the work conducted under subparagraph (B); (iii) issue, or permit accredited certifying agents to issue, certifications for critical information and communications technology that meet and comply with security standards, frameworks, and benchmarks identified through the work conducted under subparagraph (B); (iv) permit a manufacturer or distributor of critical information and communications technology to display a certificate reflecting the extent to which the critical information and communications technology meets security standards, frameworks, and benchmarks identified through the work conducted under subparagraph (B); (v) remove the certification of a critical information and communications technology as a critical information and communications technology certified under the Program if the manufacturer of the certified critical information and communications technology falls out of conformity with the benchmarks security standards, frameworks, or benchmarks identified through the work conducted under subparagraph (B) for the critical information and communications technology; (vi) work to enhance public awareness of the certification and labeling efforts of the Authority and accredited certifying agents, including through public outreach, education, research and development, and other means; and (vii) publicly display a list of labels and certified critical information and communications technology, along with their respective certification information. (D) Certifications (i) In general A certification shall remain valid for 1 year from the date of issuance. (ii) Classes of certification In developing the guidelines and criteria required under subparagraph (C)(i), the Authority shall designate at least 3 classes of certifications, including the following: (I) For critical information and communications technology which the product manufacturer or service provider attests meets the criteria for a certification, attestation-based certification. (II) For critical information and communications technology products and services that have undergone third-party accreditation of criteria for certification, accreditation-based certification. (III) For critical information and communications technology that has undergone a security evaluation and testing process by a qualifying third party, as determined by the Authority, test-based certification. (E) Product labeling The Authority, in consultation with the Secretary and other experts from the Federal Government, academia, nongovernmental organizations, and the private sector, shall— (i) collaborate with the private sector to standardize language and define a labeling schema to provide transparent information on the security characteristics and constituent components of a software or hardware product; and (ii) establish a mechanism by which product developers can provide this information for both product labeling and public posting. (3) Enforcement (A) In general It shall be unlawful for a product manufacturer, distributor, or seller to— (i) falsely attest to, or falsify an audit or test for, a security standard, framework, or benchmark for certification; (ii) intentionally mislabel a product; or (iii) fail to maintain the security standard, framework, or benchmark to which the manufacturer, distributor, or seller attested. (B) Enforcement by Federal Trade Commission (i) Unfair or deceptive acts or practices A violation of subparagraph (A) shall be treated as an unfair and deceptive act or practice in 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. (ii) Powers of Commission (I) In general The Federal Trade Commission shall enforce this paragraph 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 paragraph. (II) Privileges and immunities Any person who violates this paragraph 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) Selection of the authority (1) Selection The Secretary shall issue a notice of funding opportunity and select, on a competitive basis, a nonprofit, nongovernmental organization to serve as the Authority for a period of 5 years. (2) Eligibility for selection The Secretary may only select an organization to serve as the Authority if such organization— (A) is a nongovernmental, nonprofit organization that is— (i) exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; and (ii) described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; (B) has a demonstrable track record of work on cybersecurity and information security standards, frameworks, and benchmarks; and (C) possesses requisite staffing and expertise, with demonstrable prior experience in technology security or safety standards, frameworks, and benchmarks, as well as certification. (3) Application The Secretary shall establish a process by which a nonprofit, nongovernmental organization that seeks to be selected as the Authority may apply for consideration. (4) Program evaluation Not later than the date that is 4 years after the initial selection pursuant paragraph (1), and every 4 years thereafter, the Secretary shall— (A) assess the effectiveness of the labels and certificates produced by the Authority, including— (i) assessing the costs to businesses that manufacture critical information and communications technology participating in the Program; (ii) evaluating the level of participation in the Program by businesses that manufacture critical information and communications technology; and (iii) assessing the level of public awareness and consumer awareness of the label; (B) audit the impartiality and fairness of the Authority’s activities conducted under this section; (C) issue a public report on the assessment most recently carried out under subparagraph (A) and the audit most recently carried out under subparagraph (B); and (D) brief Congress on the findings of the Secretary with respect to the most recent assessment under subparagraph (A) and the most recent audit under subparagraph (B). (5) Renewal After the initial selection pursuant to paragraph (1), the Secretary shall, every 5 years— (A) accept applications from nonprofit, nongovernmental organizations seeking selection as the Authority; and (B) following competitive consideration of all applications— (i) renew the selection of the organization serving as the Authority; or (ii) select another applicant organization to serve as the Authority. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. 302. Establish the Bureau of Cybersecurity Statistics (a) Definitions In this section: (1) Bureau The term Bureau means the Bureau of Cybersecurity Statistics established under subsection (b). (2) Covered entity The term covered entity means any nongovernmental organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture (without regard to whether it is established for profit) that is engaged in or affecting interstate commerce and that provides cybersecurity incident response services or cybersecurity insurance products. (3) Cyber incident The term cyber incident includes each of the following: (A) Unauthorized access to an information system or network that leads to loss of confidentiality, integrity, or availability of that information system or network. (B) Disruption of business operations due to a distributed denial of service attack against an information system or network. (C) Unauthorized access or disruption of business operations due to loss of service facilitated through, or caused by a cloud service provider, managed service provider, or other data hosting provider. (D) Fraudulent or malicious use of a cloud service account, data hosting account, internet service account, or any other digital service. (4) Director The term Director means the Director of the Bureau. (5) Statistical purpose The term statistical purpose — (A) means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and (B) includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subsection (e). (b) Establishment There is established within the Department of Homeland Security a Bureau of Cybersecurity Statistics. (c) Director (1) In general The Bureau shall be headed by a Director, who shall— (A) report to the Secretary of Homeland Security; and (B) be appointed by the President. (2) Authority The Director shall— (A) have final authority for all cooperative agreements and contracts awarded by the Bureau; (B) be responsible for the integrity of data and statistics collected or issued by the Bureau; and (C) protect against improper or illegal use or disclosure of information furnished for exclusively statistical purposes under this section, consistent with the requirements of subsection (f). (3) Qualifications The Director— (A) shall have experience in statistical programs; and (B) shall not— (i) engage in any other employment; or (ii) hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this section. (4) Duties and functions The Director shall— (A) collect and analyze information concerning cybersecurity, including data related to cyber incidents, cyber crime, and any other area the Director determines appropriate; (B) collect and analyze data that will serve as a continuous and comparable national indication of the prevalence, incidents, rates, extent, distribution, and attributes of all relevant cyber incidents, as determined by the Director, in support of national policy and decision making; (C) compile, collate, analyze, publish, and disseminate uniform national cyber statistics concerning any area that the Director determines appropriate; (D) in coordination with the National Institute of Standards and Technology, recommend national standards, metrics, and measurement criteria for cyber statistics and for ensuring the reliability and validity of statistics collected pursuant to this subsection; (E) conduct or support research relating to methods of gathering or analyzing cyber statistics; (F) enter into cooperative agreements or contracts with public agencies, institutions of higher education, or private organizations for purposes related to this subsection; (G) provide appropriate information to the President, the Congress, Federal agencies, the private sector, and the general public on cyber statistics; (H) maintain liaison with State and local governments concerning cyber statistics; (I) confer and cooperate with Federal statistical agencies as needed to carry out the purposes of this section, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data; and (J) request from any person or entity information, data, and reports as may be required to carry out the purposes of this subsection. (d) Furnishment of information, data, or reports by Federal departments and agencies Federal departments and agencies requested by the Director to furnish information, data, or reports pursuant to subsection (c)(4)(J) shall provide to the Bureau such information as the Director determines necessary to carry out the purposes of this section. (e) Furnishment of cyber incident information, data, or reports to the bureau by the private sector (1) In general Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter , each covered entity shall submit to the Bureau a report containing such data and information as the Director determines necessary to carry out the purposes of this section. (2) Determination of data and information necessary to carry out the purposes of this section Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Director shall publish a list of data and information determined necessary to carry out the purposes of this section, including individual descriptions of cyber incidents, which shall include— (A) identification of the affected databases, information systems, or devices that were, or are reasonably believed to have been accessed by an unauthorized person; (B) where applicable, a description of the vulnerabilities, tactics, techniques, and procedures used; (C) where applicable, any identifying information related to the malicious actors who perpetrated the incident; (D) where applicable any cybersecurity controls implemented by the victim organization; and (E) the industrial sectors, regions, and size of affected entities (as determined by number of employees) without providing any information that can reasonably be expected to identify such entities. (3) Standards for submission of information and data Not later than 180 days after the date of enactment of this Act, the Director shall, in consultation with covered entities, develop standardized procedures for the submission of data and information the Director determines necessary to carry out the purposes of this section. (4) Private sector reporting Not later than 90 days after the date on which the Director develops the standards required under paragraph (3), the Director shall— (A) publish the processes for submission of information, data, and reports by covered entities; and (B) begin accepting reporting required under paragraph (1). (5) Regulatory use Information disclosed to the Bureau under this section that is not otherwise available, shall not be used by the Federal Government or any State, local, tribal, or territorial government to sanction or otherwise punish the entity disclosing the information, or the entity in which the cyber incident initially occurred. (6) Preservation of privilege Disclosure of information pursuant to this section or by a covered entity to the Bureau shall not waive any otherwise applicable privilege, immunity, or protection provided by law. (7) Preservation of existing obligations Nothing in this section shall modify, prevent, or abrogate any notice or notification obligations under Federal contracts, enforceable agreements with the government, or other Federal law. (8) Enforcement (A) Unfair or deceptive acts or practices Compliance with the requirements imposed under this subsection by covered entities shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this subsection shall be treated as an unfair and deceptive act or practice in 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 Commission Subject to subparagraph (C), the Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this subsection. (C) Additional entities (i) In general Notwithstanding sections 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Federal Trade Commission, the Federal Trade Commission shall also enforce this subsection, in the same manner provided in subparagraph (A) of this paragraph, with respect to— (I) organizations not organized to carry on business for their own profit or that of their members; and (II) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). (ii) Coordination and notice The Federal Trade Commission shall— (I) coordinate with the Federal Communications Commission regarding enforcement of this subsection with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ); (II) notify the Bureau of Consumer Financial Protection regarding enforcement of this subsection with respect to information associated with the provision of financial products or services by an entity that provides a consumer financial product or service (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 )); and (III) for enforcement of this subsection with respect to matters implicating the jurisdiction or authorities of another Federal agency, notify that agency as appropriate. (D) Privileges and immunities Any covered entity that violates the requirements imposed under this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (E) Construction Nothing in this paragraph shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (f) Protection of information (1) In general No officer or employee of the Federal Government or agent of the Federal Government may, without the consent of the individual, entity, agency, or other person who is the subject of the submission or provides the submission— (A) use any submission that is furnished for exclusively statistical purposes under this section for any purpose other than the statistical purposes for which the submission is furnished; (B) make any publication or media transmittal of the data contained in a submission described in subparagraph (A) that permits information concerning individual entities or individual incidents to be reasonably inferred by either direct or indirect means; or (C) permit anyone other than a sworn officer, employee, agent, or contractor of the Bureau to examine an individual submission described in subsection (e). (2) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by the Bureau, or an officer, employee, agent, or contractor of the Bureau, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, entity, agency, or other person who is the subject of the submission or provides the submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (3) Rule of construction Nothing in this subsection shall be construed to provide immunity from the legal process for a submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Bureau or an officers, employee, agent, or contractor of the Bureau, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this section. (g) Authorization of appropriation There are authorized to be appropriated such sums as may be necessary to carry out this section. Such funds shall remain available until expended. 303. Secure foundational internet protocols (a) Definitions In this section: (1) Border gateway protocol The term border gateway protocol means a protocol designed to optimize routing of information exchanged through the internet. (2) Domain name system The term domain name system means a system that stores information associated with domain names in a distributed database on networks. (3) Information and communications technology infrastructure providers The term information and communications technology infrastructure providers means all systems that enable connectivity and operability of internet service, backbone, cloud, web hosting, content delivery, domain name system, and software-defined networks and other systems and services. (b) Creation of a strategy To secure foundational internet protocols (1) Protocol security strategy In order to secure foundational internet protocols, not later than December 31, 2021, the National Telecommunications and Information Administration and the Department of Homeland Security shall submit to Congress a strategy to secure the border gateway protocol and the domain name system. (2) Strategy requirements The strategy required under paragraph (1) shall— (A) articulate the security and privacy benefits of implementing security for the border gateway protocol and the domain name system and the burdens of implementation and the entities on whom those burdens will most likely fall; (B) identify key United States and international stakeholders; (C) outline identified security measures that could be used to secure or provide authentication for the border gateway protocol and the domain name system; (D) identify any barriers to implementing security for the border gateway protocol and the domain name system at scale; (E) propose a strategy to implement identified security measures at scale, accounting for barriers to implementation and balancing benefits and burdens, where feasible; and (F) provide an initial estimate of the total cost to the Government and implementing entities in the private sector of implementing security for the border gateway protocol and the domain name system and propose recommendations for defraying these costs, if applicable. (3) Consultation In developing the strategy required under paragraph (1) the National Telecommunications and Information Administration and the Department of Homeland Security shall consult with information and communications technology infrastructure providers, civil society organizations, relevant nonprofit organizations, and academic experts. IV Systemically Important Critical Infrastructure 401. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (2) Critical infrastructure The term critical infrastructure has the meaning given that term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (3) Department The term Department means the Department of Homeland Security. (4) Entity The term entity means a non-Federal entity and a private entity, as such terms are defined under section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). (5) National critical functions The term national critical functions means functions of government and the private sector so vital to the United States that their disruption, corruption, or dysfunction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof. (6) Secretary The term Secretary means the Secretary of Homeland Security. (7) Stakeholders The term stakeholders means persons or groups whose consultation may aid the Secretary in exercising the authority of the Secretary under this title, including— (A) Sector Coordinating Councils within the Critical Infrastructure Partnership Advisory Council, established under section 871 of the Homeland Security Act of 2002 ( 6 U.S.C. 451 ); (B) the State, Local, Tribal and Territorial Government Coordinating Council, within the Critical Infrastructure Partnership Advisory Council, established under section 871 of the Homeland Security Act of 2002 (6.U.S.C. 451); (C) the Cybersecurity Advisory Committee established under section 2219 of the Homeland Security Act of 2002 ( 6 U.S.C. 665e ), as so redesignated by section 101 of this Act; (D) the National Security Telecommunications Advisory Committee established pursuant to Executive Order 12382 (47 Fed. Reg. 40531); and (E) the National Infrastructure Advisory Council, established pursuant to Executive Order 13231 (66 Fed. Reg. 53063). (8) Systemically important critical infrastructure The term Systemically Important Critical Infrastructure means an entity that has been designated as such by the Secretary through the process and procedures established under section 402. 402. Systemically Important Critical Infrastructure (a) In general The Secretary may designate entities as Systemically Important Critical Infrastructure. (b) Establishment of methodology and criteria Prior to designating any entities as Systemically Important Critical Infrastructure, the Secretary, in consultation with the National Cyber Director, Sector Risk Management Agencies, and appropriate stakeholders shall develop— (1) a methodology for identifying Systemically Important Critical Infrastructure; and (2) criteria for determining whether an entity qualifies as Systemically Important Critical Infrastructure. (c) Considerations In establishing criteria for determining whether an entity qualifies as Systemically Important Critical Infrastructure, the Secretary shall consider— (1) the likelihood that disruption to or compromise of such an entity could cause a debilitating effect on national security, economic security, public health or safety, or any combination thereof; (2) the extent to which damage, disruption, or unauthorized access to such an entity either separately or collectively, will disrupt the reliable operation of other critical infrastructure assets, or impede provisioning of one or more national critical functions; (3) the extent to which national cybersecurity resilience would be enhanced by deeper risk management integration between Systemically Important Critical Infrastructure entities and the Federal Government; and (4) the extent to which compromise or unauthorized access of such an entity could separately or collectively create widespread compromise of the cyber ecosystem, significant portions of critical infrastructure, or multiple critical infrastructure sectors. (d) List (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall complete an initial list of entities designated as Systemically Important Critical Infrastructure. (2) Maintenance of list The Secretary shall maintain a comprehensive list of entities designated as Systemically Important Critical Infrastructure, which shall be updated within 7 days of a change in whether an entity qualifies as Systemically Important Critical Infrastructure. (e) Entity notifications Not later than 90 days after designating an entity as Systemically Important Critical Infrastructure or removing the designation of an entity as Systemically Important Critical Infrastructure, the Secretary shall notify the entity. (f) Congressional notifications The Secretary shall— (1) not later than 30 days after the date of any addition, modification, or removal of an entity from the list of Significantly Important Critical Infrastructure maintained under subsection (d), notify the appropriate Congressional committees; and (2) at least every 2 years, submit to the appropriate Congressional committees an updated comprehensive list of entities designated as Systemically Important Critical Infrastructure, in conjunction with each plan required pursuant to section 403. 403. Plan for enhancement of Systemically Important Critical Infrastructure methodology and capability (a) In general Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter for 10 years, the Secretary, in consultation with Sector Risk Management Agencies and appropriate stakeholders, shall develop and submit to the appropriate congressional committees a plan for enhancing the methodology of the Department for identifying Systemically Important Critical Infrastructure, including a discussion of the progress of the Department as of the date of submission of the plan in implementing the plan. (b) Contents of plan (1) In general The plan required under subsection (a) shall include— (A) the methodology and criteria used for identifying and determining entities that qualify as Systemically Important Critical Infrastructure as described in section 402(b) and the analysis used to establish such methodology and criteria; (B) a proposed timeline for enhancing the capabilities of the Department to expand the list beyond the designated entities to also include facilities, systems, assets, or other relevant units of critical infrastructure that may further enhance the ability to manage risk of Systemically Important Critical Infrastructure; (C) information regarding the outreach by the Department to stakeholders and other Sector Risk Management Agencies on such efforts, including mechanisms for incorporation of industry feedback; (D) information regarding the efforts of the Department, and the associated challenges with such efforts, to access information from stakeholders and other Sector Risk Management Agencies to identify Systemically Important Critical Infrastructure; (E) information regarding other critical infrastructure entity identification programs within the Department and how they are being incorporated into the overarching process to identify Systemically Important Critical Infrastructure, which shall include the efforts of the Department under section 9 of Executive Order 13636 (78 Fed. Reg. 11739), the National Infrastructure Prioritization Program, and section 4 of Executive Order 14028 (86 Fed. Reg. 26633); (F) any identified gaps in authorities or resources required to successfully carry out the process of identifying Systemically Important Critical Infrastructure, including facilities, systems, assets, or other relevant units of critical infrastructure, as well as legislative proposals to address such gaps; (G) an assessment of potential benefits for entities designated as Systemically Important Critical Infrastructure, which shall include an assessment of— (i) enhanced intelligence support and information sharing; (ii) prioritized Federal technical assistance; (iii) liability protection for entities designated as Systemically Important Critical Infrastructure that conform to identified security standards for damages or harm directly or indirectly caused by a cyber incident; (iv) prioritized emergency planning; (v) benefits described in the final report of the U.S. Cyberspace Solarium Commission, dated March 2020; and (vi) additional authorizations or resources necessary to implement the benefits assessed under this subparagraph; and (H) an assessment of potential mechanisms to improve the security of entities designated as Systemically Important Critical Infrastructure, which shall include an assessment of— (i) risk-based cybersecurity performance standards for all Systemically Important Critical Infrastructure entities, incorporating, to the greatest extent possible, existing industry best practices, standards, and guidelines; (ii) sector-specific performance standards; (iii) additional regulations to enhance the security of Systemically Important Critical Infrastructure against cyber risks, including how to prevent duplicative requirements for already regulated sectors; (iv) cyber incident reporting requirements for entities designated as Systemically Important Critical Infrastructure; and (v) additional authorizations or resources necessary to implement the mechanisms to improve the security of Systemically Important Critical Infrastructure assessed under this subparagraph. (2) Initial plan The initial plan submitted under this section shall include a detailed description of the capabilities of the Department with respect to identifying Systemically Important Critical Infrastructure as they were on the date of enactment of this Act. (c) Classified annex The plan shall be in unclassified form, but may include a classified annex, as the Secretary determines necessary. (d) Publication Not later than 30 days after the date on which the Secretary submits a plan to Congress, the Secretary shall make the plan available to relevant stakeholders. (e) Restriction Subchapter I of chapter 35 of title 44, United States Code, shall not apply to any action to implement this section or to any exercise of the authority of the Secretary pursuant to this section. V Enabling the National Cyber Director 501. Establishment of hiring authorities for the Office of the National Cyber Director Section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (e)— (A) in paragraph (1), by inserting and in accordance with paragraphs (3) through (7) of this subsection, after and classification laws, ; (B) in paragraph (2), by inserting notwithstanding paragraphs (3) through (7) of this subsection, before employ experts ; (C) by redesignating paragraphs (3) through (8) as paragraphs (8) through (13), respectively; and (D) by inserting after paragraph (2) the following: (3) establish, as positions in the excepted service, such qualified positions in the Office as the Director determines necessary to carry out the responsibilities of the Office, appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position), and, subject to the requirements of paragraphs (4) and (5), fix the compensation of an individual for service in a qualified position; (4) fix the rates of basic pay for any qualified position established under paragraph (3) in relation to the rates of pay provided for employees in comparable positions in the Office, in which the employee occupying the comparable position performs, manages, or supervises functions that execute the mission of the Office, and, subject to the same limitations on maximum rates of pay and consistent with section 5341 of title 5, United States Code, adopt such provisions of that title to provide for prevailing rate systems of basic pay and apply those provisions to qualified positions for employees in or under which the Office may employ individuals described by section 5342(a)(2)(A) of such title; (5) employ an officer or employee of the United States or member of the Armed Forces detailed to the staff of the Office on a non-reimbursable basis— (A) as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed 3 years; (B) which shall not be construed to limit any other source of authority for reimbursable or non-reimbursable details; and (C) which shall not be considered an augmentation of the appropriations of the receiving element of the Office; (6) provide— (A) employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5, United States Code; and (B) employees in a qualified position whose rate of basic pay is fixed under paragraph (4) an allowance under section 5941 of title 5, United States Code, on the same basis and to the same extent as if the employee was an employee covered by such section, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation; (7) establish a fellowship program to facilitate a talent exchange program between the private sector and the Office to arrange, with the agreement of a private sector organization and the consent of the employee, for the temporary assignment of an employee to the private sector organization, or from the private sector organization to the Office; ; and (2) in subsection (g)— (A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (B) by inserting after paragraph (2) the following: (3) The term excepted service has the meaning given that term in section 2103 of title 5, United States Code. ; and (3) by adding at the end the following: (8) The term preference eligible has the meaning given that term in section 2108(3) of title 5, United States Code. (9) The term qualified position means a position, designated by the Director for the purpose of this section, in which the individual occupying such position performs, manages, or supervises functions that execute the responsibilities of the Office. . | https://www.govinfo.gov/content/pkg/BILLS-117s2491is/xml/BILLS-117s2491is.xml |
117-s-2492 | II 117th CONGRESS 1st Session S. 2492 IN THE SENATE OF THE UNITED STATES July 27, 2021 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Act of 2014 to modify the treatment of revenue from timber sale contracts and certain payments made by counties to the Secretary of Agriculture and the Secretary of the Interior under good neighbor agreements, and for other purposes.
1. Short title This Act may be cited as the Treating Tribes and Counties as Good Neighbors Act . 2. Modification of the treatment of certain revenue and payments under good neighbor agreements (a) Good neighbor authority Section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ) is amended— (1) in subsection (a)(6), by striking or Indian tribe ; and (2) in subsection (b)— (A) in paragraph (1)(A), by inserting , Indian tribe, after Governor ; (B) in paragraph (2)(C), by striking clause (i) and inserting the following: (i) In general Funds received from the sale of timber by a Governor, an Indian tribe, or a county under a good neighbor agreement shall be retained and used by the Governor, Indian tribe, or county, as applicable— (I) to carry out authorized restoration services under the good neighbor agreement; and (II) if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services under other good neighbor agreements. ; (C) in paragraph (3), by inserting , Indian tribe, after Governor ; and (D) by striking paragraph (4). (b) Conforming amendments Section 8206(a) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a) ) is amended— (1) in paragraph (1)(B), by inserting , Indian tribe, after Governor ; and (2) in paragraph (5), by inserting , Indian tribe, after Governor . (c) Effective date The amendments made by this Act apply to any project initiated pursuant to a good neighbor agreement (as defined in section 8206(a) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a) ))— (1) before the date of enactment of this Act, if the project was initiated after the date of enactment of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4490); or (2) on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2492is/xml/BILLS-117s2492is.xml |
117-s-2493 | II 117th CONGRESS 1st Session S. 2493 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Bennet (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To extend the deadline for eligible health care providers to use certain funds received from the COVID–19 Provider Relief Fund, and for other purposes.
1. Short title This Act may be cited as the Provider Relief Fund Deadline Extension Act . 2. Extension of deadline for eligible health care providers to use certain funds received from the COVID–19 provider relief fund (a) Extension of deadline (1) Payment received period 1 Effective June 29, 2021, the deadline by which an eligible health care provider is required to use such reimbursements from the Provider Relief Fund received by such provider during the covered payment received period shall be extended until the later of— (A) the end of the COVID–19 public health emergency period; or (B) December 31, 2021. (2) Adjustment of reporting time period The Secretary of Health and Human Services shall make appropriate adjustments to the reporting time period established by the Secretary that is applicable to eligible health care providers with respect to the use of reimbursements from the Provider Relief Fund received during the covered payment received period to reflect the deadline established in paragraph (1) for the use of such reimbursements received during such covered payment received period. (b) Definitions In this section: (1) Covered payment received period The term covered payment received period means, with respect to the Payment Received Periods referred to in the Provider Relief Fund Guidance, the payments beginning on April 10, 2020, and ending on June, 30, 2020. (2) COVID–19 public health emergency period The term COVID–19 public health emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). (3) Eligible health care provider The term eligible health care provider has the meaning given such term in the third proviso of the third paragraph under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in division B of the CARES Act ( Public Law 116–136 ). (4) Provider Relief Fund The term Provider Relief Fund means the program to prevent, prepare for, and respond to COVID–19, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attributable to COVID–19 for which appropriations are made— (A) under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in title VIII of division B of the CARES Act ( Public Law 116–136 ); and (B) under the heading Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ). (5) Provider Relief Fund Guidance The term Provider Relief Fund Guidance means the guidance titled, Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirement , and issued by the Secretary of Health and Human Services on June 11, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2493is/xml/BILLS-117s2493is.xml |
117-s-2494 | II 117th CONGRESS 1st Session S. 2494 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To counter malign influence, require transparency, and promote accountability within the United Nations system, and for other purposes.
1. Short title This Act may be cited as the United Nations Transparency and Accountability Act of 2021 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Employee The term employee means a staff member who is compensated in any form in the general services, professional staff, or senior management of the United Nations system, including a consultant, a contractor, or a subcontractor. (3) Malign influence operations The term malign influence operations means a coordinated, integrated, and synchronized application by a Member State of national diplomatic, informational, military, economic, or other capabilities, to foster attitudes, behaviors, or decisions by a United Nations entity, or within the United Nations system, that furthers the national interests and objectives of a Member State, in a manner inconsistent with the United Nations Charter. (4) Member State The term Member State means a country that is a Member State of the United Nations. (5) Senior-level employee of the United Nations The term senior-level employee of the United Nations means an individual who is employed in the professional staff or senior management of the United Nations system, serving at the level of D–1 or higher. (6) United Nations entity The term United Nations entity means— (A) the United Nations General Assembly; (B) the United Nations Economic and Social Council; (C) the United Nations Security Council; (D) the United Nations Secretariat; (E) an organization related to any of the entities referred to in subparagraphs (A) through (D); (F) a specialized agency; or (G) a subsidiary body. (7) United Nations system The term United Nations system means an aggregation of all United Nations entities. (8) United States contribution The term United States contribution means an assessed or voluntary contribution, whether financial, in-kind, or otherwise, from the United States Government to a United Nations entity. I Countering Malign Influence Operations Within the United Nations System 101. Findings Congress finds the following: (1) Article 100 of the United Nations Charter provides that United Nations Secretariat staff shall not seek or receive instructions from any government or from any authority external to the Organization . (2) Furthermore, it requires Member States to respect the exclusively international character of the responsibilities of the Secretary General and the staff and not to seek to influence them in the discharge of their responsibilities . (3) For decades, Russia has manipulated the United Nations procurement process to its own benefit, especially in air assets. Russian nationals in key procurement and personnel positions inside the United Nations have repeatedly drafted procurement contracts designed to ensure that Russian airframes and pilots have an unfair advantage when bidding for these contracts. (4) According to Human Rights Watch, the People’s Republic of China (referred to in this section as the PRC ) has used its leadership roles within the United Nations to block nongovernmental organizations critical of the PRC from being accredited to the United Nations. PRC diplomats have violated rules of the United Nations by harassing activists by photographing and filming them on the property of the United Nations, as well as contacting employees of the United Nations in efforts to intimidate and harass them. (5) In 2013, PRC authorities detained Cao Shunli after she tried to attend trainings in Geneva on the Human Rights Council. She was arrested at Beijing Airport and disappeared for several weeks. She had previously called on the Chinese Communist Party to work with civil society during the drafting of the PRC’s second Universal Periodic Review, a mechanism by which the United Nations Human Rights Council reviews the human rights records of Member States. After 5.5 months in detention, she died in a military hospital in Beijing. When nongovernmental organizations at the Human Rights Council called for a moment of silence in memory of Cao, the PRC delegation blocked the request. (6) In a 2019 interview with China Central Television, Wu Hongbo, the former Under Secretary General of the United Nations and head of the United Nations Department of Economic and Social Affairs (referred to in this section as UNDESA ), stated publicly that as an employee of the United Nations, he prioritized the PRC’s interests above the impartiality of the United Nations system. When discussing how he demanded the United Nations police expel Dolkun Isa, an accredited nongovernmental organization participant, from the United Nations headquarters, Wu Hongbo described him as a Xinjiang separatist and bragged about intimidating an Assistant Secretary General who complained. He went on to say, I think being a Chinese diplomat means one can’t be careless, when it is about protecting China’s national interest and safety. We have to strongly defend the motherland’s interests. . (7) Despite this action, Wu Hongbo was succeeded as Under Secretary General and head of UNDESA by Liu Zhenmin, another PRC national. Under Secretary General Liu continues to prioritize PRC national interests above the impartiality required in his role. (8) On September 19, 2019, the Department of State expelled two members of the Permanent Mission of Cuba to the United Nations for attempts to conduct influence operations against the United States . 102. Statement of policy It is the policy of the United States— (1) to identify, report, and hold accountable Member States that engage in malign influence operations and United Nations employees who act inconsistently with the principals of impartiality enshrined in the United Nations Charter; (2) to oppose the election as the head of any United Nations entity of nationals from Member States that engage in malign influence operations; and (3) to support Taiwan’s membership or meaningful participation, as appropriate, in relevant United Nations entities in which Taiwan has expressed an interest in participating. 103. Designation of senior official The Secretary of State shall designate a Senate-confirmed senior-level official of the United States Mission to the United Nations— (1) to provide guidance regarding implementation of the policies specified in section 102; (2) to fulfill the reporting requirements under section 104; and (3) to coordinate the implementation of this title within the United States Government. 104. Annual reports on malign influence operations (a) In general Not later than August 1, 2022, and annually thereafter for 4 years, the Secretary of State shall submit to the appropriate congressional committees an unclassified report, which may include a classified annex, regarding malign influence operations. (b) Contents Each report submitted under subsection (a) shall include, with respect to the preceding 12-month period— (1) a list of Member States determined to be engaged in malign influence operations; (2) actions inconsistent with the principle of impartiality enshrined in the United Nations Charter by the government of any Member State described in paragraph (1); and (3) a description of the impact of such operations on the interests and security of the United States. 105. Implementation The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to implement the policies specified in section 102. 106. Presidential actions in response to malign influence operations (a) Policy It shall be the policy of the United States— (1) to oppose malign influence operations; and (2) to promote respect for the impartiality and independence of the United Nations system in countries designated as malign global actors pursuant to subsection (b). (b) Designations of countries as malign global actors (1) Annual review Not later than September 1, 2022, and annually thereafter for the following 4 years, the President shall— (A) review the reports required under section 104 and any other available evidence or information to determine whether the government of a country included in the most recent report required under section 104 has engaged in malign influence operations that threatened the interests or security of the United States during the preceding 12-month period or since the date of the last review of the country under this subparagraph, whichever period is longer; and (B) designate as a malign global actor each country the government of which has engaged in such operations that have so threatened the interests or security of the United States. (2) Congressional notification Whenever the President designates a country as a malign global actor under paragraph (1)(B), the President shall, as soon as practicable after the designation is made, transmit to the appropriate congressional committees the designation, including an explanation for why the designation was made. 107. Report on accountability of senior-level employees of the United Nations Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on feasible mechanisms and ongoing efforts to increase the accountability of senior-level employees of the United Nations. II Supporting United States Engagement in the United Nations System 201. Office of Multilateral Strategy and Personnel (a) In general The Secretary of State shall establish an Office of Multilateral Strategy and Personnel as a separate office within the Bureau of International Organization Affairs of the Department of State and shall appoint an individual to be the head of that office. (b) Duties The head of the Office of Multilateral Strategy and Personnel shall— (1) advocate for the employment of United States citizens by all international organizations of which the United States is a member, including the United Nations system; (2) coordinate the interagency support of non-United States candidates for leadership or oversight roles within such international organizations when— (A) no United States citizen candidate has been nominated for election to such a leadership role; and (B) providing such support is in the interest of the United States; (3) develop and maintain a publicly accessible database of open positions at such international organizations; (4) provide details on how United States citizens may submit applications for such positions; (5) communicate regularly with members of Congress to solicit the names of qualified candidates for such positions; (6) maintain a comprehensive and current list of all United States citizens employed by such international organizations; and (7) regularly report to Congress on the number of such citizens and identify any discrimination, prejudice, or perceived bias against such citizens seeking to secure such employment. (c) Coordination (1) In general The head of the Office of Multilateral Strategy and Personnel shall coordinate all nominations by the relevant agencies of the Federal Government for election within the United Nations system. (2) Recommendations Heads of agencies of the Federal Government shall recommend to the head of the Office of Multilateral Strategy and Personnel for consideration candidates for election, promotion, or advocacy within relevant international organizations. (d) Personnel The Secretary of State shall ensure that the Office of Multilateral Strategy and Personnel is adequately staffed at all times to fulfill its duties under subsection (b). (e) Reporting The head of the Office of Multilateral Strategy and Personnel shall report directly to the relevant Deputy Assistant Secretary within the Bureau of International Organization Affairs. 202. Junior Professional Officers (a) Increase in Junior Professional Officer positions The Secretary of State shall increase by not less than 50 percent the number of Junior Professional Officer positions sponsored by the United States within the United Nations system over the number of such positions so sponsored as of the date of the enactment of this Act. (b) Coordination Not later than December 31 of each year, the head of each bureau of the Department of State shall submit to the head of the Office of Multilateral Strategy and Personnel established pursuant to section 201— (1) the amount of funding each bureau has designated during the preceding fiscal year for Junior Professional Officer positions in the United Nations system; and (2) the number of such positions that existed on the last day of such fiscal year. III Transparency and Accountability for United States Contributions to the United Nations 301. Findings Congress finds the following: (1) As underscored by repeated revelations of waste, fraud, and abuse, oversight and accountability mechanisms within the United Nations system remain deficient, despite decades of reform attempts, including those initiated by Secretaries General of the United Nations. (2) Notwithstanding the personal intentions of any Secretary General of the United Nations to promote institutional transparency and accountability within the United Nations system, the Secretary General lacks the power to impose far-reaching management reforms without the concurrence of the General Assembly. (3) The United Nations Office of Internal Oversight Services (referred to in this section as the OIOS ) is tasked with providing transparency and accountability to Member States. (4) The United States successfully led efforts within the General Assembly to expand OIOS, resulting in increased independence of the office and an enhanced ability to expose fraud, waste, abuse, and other misconduct. (5) However, to an unacceptable degree, major donor states, including the United States, lack access to reasonably detailed, reliable information on the use of funding made available through single-country trust funds, and the outcomes and results stemming from United Nations activities that would allow them to determine the overall performance of the United Nations system. 302. Annual report on financial contributions Section 4(b) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287b(b) ) is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following: (2) Contents Each report required under this subsection shall set forth, for the fiscal year covered by the report, information relating to— (A) the total amount of all United States contributions to international organizations in which the United States participates as a member; (B) the approximate percentage of United States contributions to each international organization, when compared with all contributions to any such international organization, from any source; and (C) for each United States contribution, information relating to— (i) the amount of the contribution; (ii) a description of the contribution (including whether assessed or voluntary); (iii) the department or agency of the United States Government responsible for the contribution; (iv) the purpose of the contribution; and (v) the identity of the international organization receiving the contribution. (3) Public availability of information Not later than 14 days after submitting each report required under this subsection, the Director of the Office of Management and Budget shall post a public version of the report on a text-based, searchable, and publicly available internet website. . | https://www.govinfo.gov/content/pkg/BILLS-117s2494is/xml/BILLS-117s2494is.xml |
117-s-2495 | II 117th CONGRESS 1st Session S. 2495 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Cotton (for himself, Mrs. Blackburn , Mr. Cruz , Mr. Scott of Florida , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Secretary of Health and Human Services to maintain a list of the country of origin of all drugs marketed in the United States, to ban the use of Federal funds for the purchase of drugs manufactured in the People's Republic of China, and for other purposes.
1. Short title This Act may be cited as the Protecting our Pharmaceutical Supply Chain from China Act of 2021 . 2. Country of origin of drugs (a) In general Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding at the end the following: 524B. Registry of drugs produced outside the US (a) In general The Secretary shall compile and maintain a list of all drugs approved under subsection (c) or (j) of section 505 of this Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act, and any active ingredients in such drugs, that— (1) are manufactured outside of the United States; and (2) are determined by the Secretary to be critical to the health and safety of consumers in the United States. (b) Additional list In conjunction with the list described in subsection (a), the Secretary shall compile and maintain a list of drugs included on such list that are exclusively produced in, or use active or inactive ingredients produced in, the People's Republic of China. (c) Requirement The list described in subsection (a) shall, with respect to each drug included on the list, provide information about the supply chain of the drug, including each step in the supply chain that occurs prior to importation of the drug into the United States. . (b) Federal health program purchase of drugs (1) In general Notwithstanding any other provision of law, the Department of Health and Human Services, the Department of Veterans Affairs, the Department of Defense, and any other Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(b))), with respect to the purchase of a drug by such agency or program, the following shall apply: (A) Beginning on January 1, 2023, such agency or program may purchase only drugs for which 60 percent or more of the active pharmaceutical ingredients are manufactured in countries described in paragraph (2). (B) Beginning on January 1, 2024, such agency or program may purchase only drugs for which 100 percent of the active pharmaceutical ingredients are manufactured in countries described in paragraph (2). (2) Countries described The countries described in this paragraph are countries— (A) other than People’s Republic of China; and (B) that meet the health and safety standards of the Food and Drug Administration. (3) Waivers The Secretary of Health and Human Services may issue waivers of the requirements under paragraph (1) for any agency or program that is unable to meet such requirements and demonstrates a need for the waiver. No waiver may be issued under this paragraph for drugs that are purchased on or after January 1, 2026. (c) Labeling requirement Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (gg) If it is a drug and its labeling does not specify the country of origin of each active ingredient contained in the drug. . 3. Temporary 100 percent expensing for pharmaceutical and medical device manufacturing property (a) In general For purposes of section 168(k) of the Internal Revenue Code of 1986, in the case of any qualified pharmaceutical and medical device manufacturing property which is placed in service after December 31, 2019, and before January 1, 2027— (1) such property shall be treated as qualified property (within the meaning of such section), (2) the applicable percentage otherwise determined under section 168(k)(6) of such Code with respect to such property shall be 100 percent, and (3) paragraph (8) of such section shall not apply. (b) Qualified pharmaceutical and medical device manufacturing property For purposes of this section, the term qualified pharmaceutical and medical device manufacturing property means any tangible property placed in service in the United States as part of the construction or expansion of property for the manufacture of drugs (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g) )) or medical devices (as defined in section 201(h) of such Act ( 21 U.S.C. 321(h) )). | https://www.govinfo.gov/content/pkg/BILLS-117s2495is/xml/BILLS-117s2495is.xml |
117-s-2496 | II 117th CONGRESS 1st Session S. 2496 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Schatz (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration to implement certain recommendations of the National Transportation Safety Board relating to pedestrian safety, bicyclist safety, and speeding-related crashes involving passenger vehicles, and for other purposes.
1. Short title This Act may be cited as the Vulnerable Road Users Safety Act . 2. Definition of micromobility vehicle (a) In general In this Act, the term micromobility vehicle means a vehicle that— (1) weighs not more than 150 pounds; and (2) is designed primarily— (A) for human transport; and (B) to be used— (i) on paved roadways; or (ii) if the vehicle weighs 100 pounds or less, on paths. (b) Exclusion In this Act, the term micromobility vehicle does not include a manned or unmanned passenger vehicle. 3. Pedestrian safety (a) Pedestrian safety measures (1) Purpose The purpose of this subsection is to direct the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration to implement certain recommendations in the Special Investigation Report of the National Transportation Safety Board on pedestrian safety, adopted on September 25, 2018. (2) Definition of automated pedestrian safety system In this subsection, the term automated pedestrian safety system means a vehicle-based pedestrian- and bicyclist-detection system that alerts drivers of potential vehicle-pedestrian or vehicle-cyclist crashes and applies automatic emergency braking to prevent such crashes. (3) NHTSA The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration, shall— (A) not later than 2 years after the date of enactment of this Act— (i) revise section 571.108 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 108) (or successor regulations)— (I) to include performance-based standards for vehicle headlamp systems— (aa) to ensure that headlamps are correctly aimed on the road; and (bb) requiring those systems to be tested on-vehicle to account for headlamp height and lighting performance; and (II) to allow the use of adaptive headlamp systems; (ii) issue a final rule to establish minimum performance standards for adaptive driving beam headlamp systems; and (iii) issue a final rule that— (I) establishes standards for the hood and bumper areas of motor vehicles, including passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 10,000 pounds or less, to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, and users of micromobility vehicles who are struck by those motor vehicles; and (II) considers the protection of vulnerable pedestrian populations, including individuals with disabilities, children, and older adults; and (B) not later than 1 year after the date of enactment of this Act— (i) develop performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles prevent or mitigate pedestrian injury; (ii) issue a final decision notice that— (I) incorporates automated pedestrian safety systems, including pedestrian automatic emergency braking systems and other passive safety systems, into the New Car Assessment Program of the National Highway Traffic Safety Administration; and (II) establishes— (aa) a minimum performance standard for automated pedestrian safety systems in accordance with the changes to the New Car Assessment Program described in subclause (I); and (bb) a compliance date with respect to those changes; (iii) establish a detailed crash data set that covers all pedestrian, bicyclist, and micromobility vehicle user events and represents the current and complete range of crash types, including nonfatal injury crashes, disaggregated by demographic characteristics, including race, age, disability, status, and sex of the victims— (I) for analysis by States and units of local government; and (II) to model and simulate pedestrian collision avoidance systems; (iv) establish methods that States and metropolitan planning organizations (as defined in section 134 of title 23, United States Code) may use— (I) to collect pedestrian, bicyclist, and micromobility vehicle user event data; and (II) to define a common framework that allows that data to be combined; and (v) coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics, including race, age, disability status, and sex of the victims. (4) Federal Highway Administration Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall develop standard definitions and establish methods that States, metropolitan planning organizations (as defined in section 134 of title 23, United States Code), Federal land management agencies, and Tribal governments that receive funding under the tribal transportation program under section 202 of title 23, United States Code, shall use to annually collect and publish pedestrian exposure data that includes— (A) the percentage of pedestrian fatalities that occurred, by State, on roadways in each State that are owned and operated by the State, a Federal land management agency, or a Tribal government that receives funding under the tribal transportation program under section 202 of title 23, United States Code, as compared to locally-owned and operated roadways in the State; (B) the owner and operator of the roadway where each pedestrian fatality described in subparagraph (A) occurred; (C) the design speed, target speed (where available), and operating speed of the roadway where each pedestrian fatality described in subparagraph (A) occurred; (D) each of the performance measures— (i) described in section 490.207 of title 23, Code of Federal Regulations (or successor regulations); and (ii) not described in any of subparagraphs (A) through (C); (E) (i) the number of fatalities (as defined in section 490.205 of title 23, Code of Federal Regulations (or successor regulations)) in which the person suffering fatal injuries was using a bicycle or micromobility vehicle at the time of the motor vehicle crash; and (ii) a description of the bicycle or micromobility vehicle; and (F) (i) the number of serious injuries (as defined in section 490.205 of title 23, Code of Federal Regulations (or successor regulations)) in which the person suffering a serious injury was using a bicycle or micromobility vehicle at the time of the motor vehicle crash; and (ii) a description of the bicycle or micromobility vehicle. (5) Special rules Section 148(g) of title 23, United States Code, is amended by adding at the end the following: (3) Pedestrians, bicyclists, and users of micromobility vehicles (A) Definition of micromobility vehicle In this paragraph, the term micromobility vehicle has the meaning given the term in section 2 of the Vulnerable Road Users Safety Act . (B) Rule If the rate of fatalities or serious injuries for any of pedestrians, bicyclists, and users of micromobility vehicles in a State increases during the most recent 2-year period for which data are available, that State shall be required— (i) to include in the subsequent State strategic highway safety plan of the State strategies to decrease those rates; and (ii) to prioritize the implementation of any recommendations of the National Transportation Safety Board. (C) Application Nothing in this paragraph requires the Administrator of the Federal Highway Administration to revise the definition of the term non-motorized serious injuries in section 490.205 of title 23, Code of Federal Regulations (or successor regulations). . (b) Speeding-Related crashes involving passenger vehicles (1) Purpose The purpose of this subsection is to direct the Administrator of the Federal Highway Administration to implement, for roadways that are legally allowed to be used by or are likely to be used by pedestrians, cyclists, and other vulnerable road users, certain recommendations in the report of the National Transportation Safety Board on reducing speeding-related crashes involving passenger vehicles, adopted on July 25, 2017. (2) Federal Highway Administration Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall revise the speed limits section of the Manual on Uniform Traffic Control Devices— (A) to require the factors currently listed as optional for all engineering studies; (B) to require that an expert system such as USLIMITS2 be used as a validation tool; (C) to remove the guidance that speed limits in speed zones should be within 5 mph of the 85th percentile speed; and (D) at a minimum, to incorporate relevant aspects of the safe system approach for urban roads to strengthen protection for vulnerable road users. 4. Bicyclist safety (a) Purpose The purpose of this section is to enhance the safety of bicyclists and other vulnerable road users by requiring the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Federal Highway Administration, and the Intelligent Transportation Systems Joint Program Office of the Department of Transportation to implement certain recommendations of the National Transportation Safety Board identified in the Safety Research Report entitled Bicyclist Safety on US Roadways: Crash Risks and Countermeasures , adopted on November 5, 2019. (b) National Highway Traffic Safety Administration Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration (referred to in this subsection as the Secretary ), shall— (1) (A) develop minimum performance standards for connected vehicle technology for all light vehicles and vehicles with a gross vehicle weight rating of not more than 26,000 pounds; (B) on development of the standards described in subparagraph (A), require connected vehicle technology to be installed on all newly manufactured highway vehicles beginning with the first model year that begins not less than 2 years after the effective date of the final rule establishing the minimum performance standards; and (C) complete all rulemaking relating to connected vehicle technology that is in progress as of the date of enactment of this Act; (2) require that newly manufactured truck tractors with a gross vehicle weight rating of more than 26,000 pounds be equipped with a blind spot warning system to improve the ability of the driver of a tractor-trailer to detect— (A) passenger vehicles; and (B) vulnerable road users, including pedestrians, bicyclists, users of micromobility vehicles, and motorcyclists; (3) incorporate into the New Car Assessment Program of the National Highway Traffic Safety Administration tests to evaluate the ability of a new car to avoid crashes with bicyclists, users of micromobility vehicles, and pedestrians; (4) expand the 5-star rating system of the New Car Assessment Program of the National Highway Traffic Safety Administration to include a scale that rates the performance of forward collision avoidance systems; (5) issue a final decision notice incorporating pedestrian, bicyclist, and micromobility vehicle user safety systems, including pedestrian, bicyclist, and micromobility vehicle user automatic emergency braking systems and other passive safety systems, into the New Car Assessment Program of the National Highway Traffic Safety Administration; and (6) complete the development of performance standards for visibility enhancement systems— (A) to ensure that those systems improve driver visibility in blind spots; and (B) to improve the ability of the driver of a single unit truck with a gross vehicle weight rating of more than 10,000 pounds to detect vulnerable road users, including pedestrians, bicyclists, users of micromobility vehicles, and motorcyclists, in the proximity of the truck. (c) Federal Highway Administration Not later than 18 months after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall— (1) (A) complete the development of methods to combine automated and traditional count with innovative bicycle-counting approaches that capture bicycling activity data generated by bicyclists and bike share operations; and (B) provide information about those methods to State departments of transportation; (2) update the list of proven safety countermeasures published by the Federal Highway Administration to include separated bike lanes and multi-use trails; and (3) include separated bike lanes and multi-use trails as innovations in the Every Day Counts initiative under section 1444 of the FAST Act ( 23 U.S.C. 101 note; Public Law 114–94 ). (d) Safety considerations in planning and design Section 217(g)(2) of title 23, United States Code, is amended, in the second sentence, by inserting , separated bicycle lanes and multi-use trails, and intersection safety treatments after street crossings . (e) Intelligent transportation systems joint program office (1) In general Not later than 180 days after the date of enactment of this Act, the Intelligent Transportation Systems Joint Program Office of the Department of Transportation, in collaboration with the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration, shall expand vehicle-to-pedestrian research efforts to ensure that bicyclists and other vulnerable road users will be incorporated into the safe deployment of connected vehicle systems. (2) Report Not later than 30 months after the date of enactment of this Act, the Intelligent Transportation Systems Joint Program Office of the Department of Transportation, in collaboration with the Administrator of the National Highway Traffic Safety Administration and the Administrator of the Federal Highway Administration, shall submit to Congress and make publicly available a report on the findings of the research efforts described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s2496is/xml/BILLS-117s2496is.xml |
117-s-2497 | II 117th CONGRESS 1st Session S. 2497 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Warren (for herself, Mr. Durbin , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 11, United States Code, to prohibit nonconsensual release of a nondebtor entity’s liability to an entity other than the debtor, and for other purposes.
1. Short title This Act may be cited as the Nondebtor Release Prohibition Act of 2021 . 2. Prohibition of nondebtor releases (a) In general Chapter 1 of title 11, United States Code, is amended by adding at the end the following: 113. Prohibition of nondebtor releases (a) Except as provided in subsection (b) of this section, subsections (a)(3), (g), (h), or (i) of section 524, section 1201, and section 1301, the court may not— (1) with respect to the liability of an entity other than the debtor or the estate on, or the liability of property of an entity other than the debtor or the estate for, a claim or cause of action of an entity other than the debtor or the estate— (A) approve any provision, in a plan of reorganization or otherwise, for the discharge, release, termination, or modification of such liability; or (B) order the discharge, release, termination, or modification of such liability; or (2) with respect to a claim or cause of action of an entity other than the debtor or the estate against an entity other than the debtor or the estate, or against property of an entity other than the debtor or the estate, enjoin— (A) the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding to assert, assess, collect, recover, offset, recoup, or otherwise enforce such claim or cause of action; or (B) any act to assert, assess, collect, recover, offset, recoup, or otherwise enforce such claim or cause of action. (b) Nothing in subsection (a) of this section shall affect any power the court may have— (1) to authorize a sale, transfer, or other disposition of property free and clear of claims or interests; (2) to prevent an entity other than the debtor or the estate from exercising control over or otherwise interfering with a right or interest (including a claim or cause of action) that is property of the estate; (3) to bar a claim or cause of action for indemnity, reimbursement, contribution, or subrogation against an entity that the estate has released from a claim or cause of action for which the holder of the barred claim or cause of action also is or may be liable or has or may have secured; (4) under applicable nonbankruptcy law, title 28, or the Federal Rules of Bankruptcy Procedure, with respect to any claim or cause of action the court is hearing under section 157(a) or 1334(b) of title 28; (5) to approve any disposition of a claim or cause of action of an entity other than the debtor or the estate to which such entity expressly consents in a signed writing provided that— (A) such consent is given only after clear and conspicuous notice to such entity of the proposed disposition in language appropriate for the typical holder of such claim or cause of action; (B) such consent cannot be given by— (i) accepting a proposed plan; or (ii) failing to accept or reject a proposed plan, failing to object to a proposed plan, or any other silence or inaction; and (C) treatment of such entity, and any claims or interests of such entity, under a plan cannot be more or less favorable by reason of such entity’s consent or failure to consent; or (6) to enjoin the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding against an entity appointed or employed (or whose appointment or employment was approved) by or under the auspices of the court, in another court and without leave of the court, with respect to acts or omissions for which the entity was so appointed or employed. (c) In a case under chapter 11 of this title, no order or decree temporarily staying or enjoining, pursuant to this title, the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding to assert, assess, collect, recover, offset, recoup, or otherwise enforce a claim or cause of action against an entity other than the debtor or the estate against an entity other than the debtor or the estate, or against property of an entity other than the debtor or the estate, shall extend (or be extended) beyond 90 days after the date of the order for relief without the express consent of the entity whose claim or cause of action is stayed or enjoined. (d) Nothing in subsection (b) or (c) shall be construed to authorize relief within the scope of subsection (b) or (c). . (b) Clerical amendment The table of sections for chapter 1 of title 11, United States Code, is amended by adding at the end the following: 113. Prohibition of nondebtor releases. . 3. Appeal of nondebtor stays Section 158 of title 28, United States Code, is amended— (1) in subsection (a), by striking The and inserting Except as provided in subsection (d)(3), the ; and (2) by inserting after subsection (d)(2) the following: (3) (A) The appropriate court of appeals shall have jurisdiction of appeals from all orders and decrees (whether interlocutory or final) temporarily staying or enjoining (or increasing the duration of any temporary stay or injunction of) the commencement or continuation (including the issuance or employment of process) of a judicial, administrative, or other action or proceeding to assert, assess, collect, recover, offset, recoup, or otherwise enforce a claim or cause of action of an entity other than the debtor or the estate against an entity other than the debtor or the estate, or against property of an entity other than the debtor or the estate, entered in a case under chapter 11 of title 11 by— (i) a bankruptcy judge under section 157 of this title; or (ii) a district court under section 1334 of this title. (B) If an appeal is taken under subparagraph (A), the stay order or decree shall immediately terminate and dissolve and be of no further force or effect 90 days after its issuance by the bankruptcy judge or district court, unless the appeal is dismissed or the court of appeals affirms the stay order or decree before that date. . 4. Divisional mergers Section 1112 of title 11, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) On a request of a party in interest, and after notice and a hearing, the court shall dismiss a case under this chapter if the debtor or a predecessor of the debtor was the subject of, or was formed or organized in connection with a divisional merger or equivalent transaction or restructuring that— (1) had the intent or foreseeable effect of— (A) separating material assets from material liabilities of an entity eligible to be a debtor under this title; and (B) assigning or allocating all or a substantial portion of those liabilities to the debtor, or the debtor assuming or retaining all or a substantial portion of those liabilities; and (2) occurred during the 10-year period preceding the date of the filing of the petition. . 5. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to independently grant the court authority to issue nondebtor releases, injunctions, or stays in connection with an order for relief under chapter 11 of title 11, United States Code, or in connection with an order confirming a plan of reorganization, nor shall anything in this Act or such amendments be construed to imply that any other provision of title 11 of such Code or of nonbankruptcy law grants such authority. 6. Effective date (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to any case under title 11, United States Code, that is— (1) pending in bankruptcy as of the date of the enactment of this Act; or (2) filed or reopened on or after the date of the enactment of this Act. (b) Validity of final orders Nothing in this Act, or the amendments made by this Act, shall affect the validity of any final judgment, order, or decree as applied under section 158 of title 28, United States Code, entered before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2497is/xml/BILLS-117s2497is.xml |
117-s-2498 | II 117th CONGRESS 1st Session S. 2498 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect minors from premature waiver of their constitutional rights during a custodial interrogation, and for other purposes.
1. Short title This Act may be cited as the Protecting Miranda Rights for Kids Act . 2. Waiver of Miranda rights by a minor (a) In general Chapter 223 of title 18, United States Code, is amended by inserting after section 3051 the following: 3501A. Custodial interrogation of a minor (a) Notification Except as provided in subsection (c), any law enforcement officer who has arrested a minor for a violation of law shall notify the minor's parent, guardian, or legal custodian that the minor has been arrested and shall provide the location of where the minor is being detained. (b) Waiver A minor who is subject to a custodial interrogation may only waive the privilege against self-incrimination or the right to assistance of legal counsel if the minor consults with legal counsel in person before such waiver. (c) Exception Subsection (a) shall not apply if— (1) custodial interrogation of a minor is necessary to gather information to protect the life of the minor or of another from an imminent threat; and (2) the questions that were asked during the custodial interrogation were reasonably necessary to obtain such information. (d) Assigned counsel (1) In general A minor who is subject to a custodial interrogation shall have the right to have the legal counsel assigned to the minor’s case physically present during such interrogation. (2) Violation In the case of custodial interrogation of a minor, it shall be a violation of this subsection for the minor to be represented by any substitute counsel temporarily assigned to represent the minor. (e) Inadmissible In any criminal prosecution brought by the United States, any statement given by a minor during a custodial interrogation that does not comply with this section, and any evidence derived from that statement, shall be inadmissible. (f) Minor defined In this section, the term minor means an individual who has not attained 18 years of age. . (b) Clerical amendment The table of sections for chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3501 the following item: 3501A. Custodial interrogation of a minor. . | https://www.govinfo.gov/content/pkg/BILLS-117s2498is/xml/BILLS-117s2498is.xml |
117-s-2499 | II 117th CONGRESS 1st Session S. 2499 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Wicker (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish data privacy and data security protections for consumers in the United States.
1. Short title; table of contents (a) Short title This Act may be cited as the Setting an American Framework to Ensure Data Access, Transparency, and Accountability Act or the SAFE DATA 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. Sec. 3. Effective date. TITLE I—Individual consumer data rights Sec. 101. Consumer loyalty. Sec. 102. Transparency. Sec. 103. Individual control. Sec. 104. Rights to consent. Sec. 105. Minimizing data collection, processing, and retention. Sec. 106. Service providers and third parties. Sec. 107. Privacy impact assessments. Sec. 108. Scope of coverage. TITLE II—Data transparency, integrity, and security Sec. 201. Civil rights, algorithm bias, detection, and mitigation. Sec. 202. Data brokers. Sec. 203. Protection of covered data. TITLE III—Corporate accountability Sec. 301. Designation of data privacy officer and data security officer. Sec. 302. Internal controls. Sec. 303. Whistleblower protections. TITLE IV—Enforcement authority and new programs Sec. 401. Enforcement by the Federal Trade Commission. Sec. 402. Enforcement by State attorneys general. Sec. 403. Approved certification programs. Sec. 404. Relationship between Federal and State law. Sec. 405. Constitutional avoidance. Sec. 406. Severability. 2. Definitions In this Act: (1) Affirmative express consent The term affirmative express consent means, upon being presented with a clear and conspicuous description of an act or practice for which consent is sought, an affirmative act by the individual clearly communicating the individual’s authorization for the act or practice. (2) Algorithm The term algorithm means a computational process derived from machine learning, statistics, or other data processing or artificial intelligence techniques, that processes covered data for the purpose of making a decision or facilitating human decision-making. (3) Collection The term collection means buying, renting, gathering, obtaining, receiving, or accessing any covered data of an individual by any means. (4) Commission The term Commission means the Federal Trade Commission. (5) Common branding The term common branding means a shared name, servicemark, or trademark. (6) Covered data (A) In general The term covered data means information that identifies or is linked or reasonably linkable to an individual or a device that is linked or reasonably linkable to an individual. (B) Linked or reasonably linkable For purposes of subparagraph (A), information held by a covered entity is linked or reasonably linkable to an individual or a device if, as a practical matter, it can be used on its own or in combination with other information held by, or readily accessible to, the covered entity to identify such individual or such device. (C) Exclusions Such term does not include— (i) aggregated data; (ii) de-identified data; (iii) employee data; or (iv) publicly available information. (D) Aggregated data For purposes of subparagraph (C), the term aggregated data means information that relates to a group or category of individuals or devices that does not identify and is not linked or reasonably linkable to any individual or device. (E) De-identified data For purposes of subparagraph (C), the term de-identified data means information held by a covered entity that— (i) does not identify, and is not linked or reasonably linkable to, an individual or device; (ii) does not contain any persistent identifier or other information that could readily be used to reidentify the individual to whom, or the device to which, the identifier or information pertains; (iii) is subject to a public commitment by the covered entity— (I) to refrain from attempting to use such information to identify any individual or device; and (II) to adopt technical and organizational measures to ensure that such information is not linked to any individual or device; and (iv) is not disclosed by the covered entity to any other party unless the disclosure is subject to a contractually or other legally binding requirement that— (I) the recipient of the information shall not use the information to identify any individual or device; and (II) all onward disclosures of the information shall be subject to the requirement described in subclause (I). (F) Employee data For purposes of subparagraph (C), the term employee data means— (i) information relating to an individual collected by a covered entity in the course of the individual acting as a job applicant to, or employee (regardless of whether such employee is paid or unpaid, or employed on a temporary basis), owner, director, officer, staff member, trainee, vendor, visitor, volunteer, intern, or contractor of, the entity, provided that such information is collected, processed, or transferred by the covered entity solely for purposes related to the individual’s status as a current or former job applicant to, or an employee, owner, director, officer, staff member, trainee, vendor, visitor, volunteer, intern, or contractor of, that covered entity; (ii) business contact information of an individual, including the individual's name, position or title, business telephone number, business address, business email address, qualifications, and other similar information, that is provided to a covered entity by an individual who is acting in a professional capacity, provided that such information is collected, processed, or transferred solely for purposes related to such individual's professional activities; (iii) emergency contact information collected by a covered entity that relates to an individual who is acting in a role described in clause (i) with respect to the covered entity, provided that such information is collected, processed, or transferred solely for the purpose of having an emergency contact on file for the individual; or (iv) information relating to an individual (or a relative or beneficiary of such individual) that is necessary for the covered entity to collect, process, or transfer for the purpose of administering benefits to which such individual (or relative or beneficiary of such individual) is entitled on the basis of the individual acting in a role described in clause (i) with respect to the entity, provided that such information is collected, processed, or transferred solely for the purpose of administering such benefits. (G) Publicly available information (i) In general For the purposes of subparagraph (C), the term publicly available information means any information that a covered entity has a reasonable basis to believe— (I) has been lawfully made available to the general public from Federal, State, or local government records; (II) is widely available to the general public, including information from— (aa) a telephone book or online directory; (bb) television, internet, or radio content or programming; or (cc) the news media or a website that is lawfully available to the general public on an unrestricted basis (for purposes of this subclause a website is not restricted solely because there is a fee or log-in requirement associated with accessing the website); or (III) is a disclosure to the general public that is required to be made by Federal, State, or local law. (ii) Exclusions Such term does not include an obscene visual depiction (as defined for purposes of section 1460 of title 18, United States Code). (7) Covered entity The term covered entity means any person that— (A) is subject to the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) or is— (i) a common carrier described in section 5(a)(2) of such Act ( 15 U.S.C. 45(a)(2) ); or (ii) an organization not organized to carry on business for their own profit or that of their members; (B) collects, processes, or transfers covered data; and (C) determines the purposes and means of such collection, processing, or transfer. (8) Data Broker (A) In general The term data broker means a covered entity whose principal source of revenue is derived from processing or transferring the covered data of individuals with whom the entity does not have a direct relationship on behalf of third parties for such third parties' use. (B) Exclusion Such term does not include a service provider. (9) Delete The term delete means to remove or destroy information such that it is not maintained in human or machine readable form and cannot be retrieved or utilized in such form in the normal course of business. (10) Executive agency The term Executive agency has the meaning set forth in section 105 of title 5, United States Code. (11) Individual The term individual means a natural person residing in the United States. (12) Large data holder The term large data holder means a covered entity that in the most recent calendar year— (A) processed or transferred the covered data of more than 8,000,000 individuals; or (B) processed or transferred the sensitive covered data of more than 300,000 individuals or devices that are linked or reasonably linkable to an individual (excluding any instance where the covered entity processes the log-in information of an individual or device to allow the individual or device to log in to an account administered by the covered entity). (13) Material The term material means, with respect to an act, practice, or representation of a covered entity (including a representation made by the covered entity in a privacy policy or similar disclosure to individuals), that such act, practice, or representation is likely to affect an individual's decision or conduct regarding a product or service. (14) Process The term process means any operation or set of operations performed on covered data including analysis, organization, structuring, retaining, using, or otherwise handling covered data. (15) Processing purpose The term processing purpose means a reason for which a covered entity processes covered data. (16) Research The term research means the scientific analysis of information, including covered data, by a covered entity or those with whom the covered entity is cooperating or others acting at the direction or on behalf of the covered entity, that is conducted for the primary purpose of advancing scientific knowledge and may be for the commercial benefit of the covered entity. (17) Sensitive covered data (A) In general The term sensitive covered data means any of the following forms of covered data of an individual: (i) A unique, government-issued identifier, such as a Social Security number, passport number, or driver’s license number, that is not required to be displayed to the public. (ii) Any covered data that describes or reveals the diagnosis or treatment of the past, present, or future physical health, mental health, or disability of an individual. (iii) A financial account number, debit card number, credit card number, or any required security or access code, password, or credentials allowing access to any such account. (iv) Covered data that is biometric information. (v) Precise geolocation information. (vi) A persistent identifier. (vii) The contents of an individual’s private communications, such as emails, texts, direct messages, or mail, or the identity of the parties subject to such communications, unless the covered entity is the intended recipient of the communication. (viii) Account log-in credentials such as a user name or email address, in combination with a password or security question and answer that would permit access to an online account. (ix) Covered data revealing an individual’s racial or ethnic origin, or religion in a manner inconsistent with the individual’s reasonable expectation regarding the processing or transfer of such information. (x) Covered data revealing the sexual orientation or sexual behavior of an individual in a manner inconsistent with the individual’s reasonable expectation regarding the processing or transfer of such information. (xi) Covered data about the online activities of an individual that addresses or reveals a category of covered data described in another clause of this subparagraph. (xii) Covered data that is calendar information, address book information, phone or text logs, photos, or videos maintained for private use on an individual’s device. (xiii) Any covered data collected or processed by a covered entity for the purpose of identifying covered data described in another clause of this subparagraph. (xiv) Any other category of covered data designated by the Commission pursuant to a rulemaking under section 553 of title 5, United States Code. (B) Biometric information For purposes of subparagraph (A), the term biometric information — (i) means the physiological or biological characteristics of an individual, including deoxyribonucleic acid, that are used, singly or in combination with each other or with other identifying data, to establish the identity of an individual; and (ii) includes— (I) imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted; and (II) keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. (C) Persistent identifier For purposes of subparagraph (A), the term persistent identifier means a technologically derived identifier that identifies an individual, or is linked or reasonably linkable to an individual over time and across services and platforms, which may include a customer number held in a cookie, a static Internet Protocol address, a processor or device serial number, or another unique device identifier. (D) Precise geolocation information For purposes of subparagraph (A), the term precise geolocation information means technologically derived information capable of determining the past or present actual physical location of an individual or an individual’s device at a specific point in time to within 1,750 feet. (18) Service provider The term service provider means, with respect to a set of covered data, a covered entity that processes or transfers such covered data for the purpose of performing 1 or more services or functions on behalf of, and at the direction of, a covered entity that— (A) is not related to the covered entity providing the service or function by common ownership or corporate control; and (B) does not share common branding with the covered entity providing the service or function. (19) Service provider data The term service provider data means covered data that is collected by the service provider on behalf of a covered entity or transferred to the service provider by a covered entity for the purpose of allowing the service provider to perform a service or function on behalf of, and at the direction of, such covered entity. (20) Third party The term third party means, with respect to a set of covered data, a covered entity— (A) that is not a service provider with respect to such covered data; and (B) that received such covered data from another covered entity— (i) that is not related to the covered entity by common ownership or corporate control; and (ii) that does not share common branding with the covered entity. (21) Third party data The term third party data means, with respect to a third party, covered data that has been transferred to the third party by a covered entity. (22) Transfer The term transfer means to disclose, release, share, disseminate, make available, or license in writing, electronically, or by any other means for consideration of any kind or for a commercial purpose. 3. Effective date Except as otherwise provided in this Act, this Act shall take effect 18 months after the date of enactment of this Act. I Individual consumer data rights 101. Consumer loyalty (a) Prohibition on the denial of products or services (1) In general Subject to paragraph (2), a covered entity shall not deny products or services to an individual because the individual exercises a right established under subparagraph (A), (B), or (D) of section 103(a)(1). (2) Rules of application A covered entity— (A) shall not be in violation of paragraph (1) with respect to a product or service and an individual if the exercise of a right described in such paragraph by the individual precludes the covered entity from providing such product or service to such individual; and (B) may offer different types of pricing and functionalities with respect to a product or service based on an individual's exercise of a right described in such paragraph. (b) No waiver of individual controls The rights and obligations created under section 103 may not be waived in an agreement between a covered entity and an individual. 102. Transparency (a) In general A covered entity that processes covered data shall, with respect to such data, publish a privacy policy that is— (1) disclosed, in a clear and conspicuous manner, to an individual prior to or at the point of the collection of covered data from the individual; and (2) made available, in a clear and conspicuous manner, to the public. (b) Content of privacy policy The privacy policy required under subsection (a) shall include the following: (1) The identity and the contact information of the covered entity (including the covered entity's points of contact for privacy and data security inquiries) and the identity of any affiliate to which covered data may be transferred by the covered entity. (2) The categories of covered data the covered entity collects. (3) The processing purposes for each category of covered data the covered entity collects. (4) Whether the covered entity transfers covered data, the categories of recipients to whom the covered entity transfers covered data, and the purposes of the transfers. (5) A general description of the covered entity’s data retention practices for covered data and the purposes for such retention. (6) How individuals can exercise their rights under section 103. (7) A general description of the covered entity’s data security practices. (8) The effective date of the privacy policy. (c) Languages A privacy policy required under subsection (a) shall be made available in all of the languages in which the covered entity provides a product or service that is subject to the policy, or carries out activities related to such product or service. (d) Material changes If a covered entity makes a material change to its privacy policy, it shall notify the individuals affected before further processing or transferring of previously collected covered data and, except as provided in section 108, provide an opportunity to withdraw consent to further processing or transferring of the covered data under the changed policy. The covered entity shall provide direct notification, where possible, regarding a material change to the privacy policy to affected individuals, taking into account available technology and the nature of the relationship. (e) Application to indirect transfers Where the ownership of an individual’s device is transferred directly from one individual to another individual, a covered entity may satisfy its obligation to disclose a privacy policy prior to or at the point of collection of covered data by making the privacy policy available under subsection (a)(2). 103. Individual control (a) Access to, and correction, deletion, and portability of, covered data (1) In general Subject to paragraphs (2) and (3) and section 108, a covered entity shall provide an individual, immediately or as quickly as possible and in no case later than 90 days after receiving a verified request from the individual, with the right to reasonably— (A) access— (i) the covered data of the individual, or an accurate representation of the covered data of the individual, that is or has been processed by the covered entity or any service provider on behalf of the covered entity; (ii) if applicable, a list of categories of third parties and service providers to whom the covered entity has transferred the covered data of the individual; and (iii) if a covered entity transfers covered data, a description of the purpose for which the covered entity transferred the covered data of the individual to a service provider or third party; (B) request that the covered entity— (i) correct inaccuracies or incomplete information with respect to the covered data of the individual that is maintained by the covered entity; and (ii) notify any service provider or third party to which the covered entity transferred such covered data of the corrected information; (C) request that the covered entity— (i) either delete or deidentify covered data of the individual that is or has been maintained by the covered entity; and (ii) notify any service provider or third party to which the covered entity transferred such covered data of the individual’s request under clause (i), unless the transfer of such data to the third party was made at the direction of the individual; and (D) to the extent that is technically feasible, provide covered data of the individual that is or has been generated and submitted to the covered entity by the individual and maintained by the covered entity in a portable, structured, and machine-readable format that is not subject to licensing restrictions. (2) Frequency and cost of access A covered entity shall— (A) provide an individual with the opportunity to exercise the rights described in paragraph (1) not less than twice in any 12-month period; and (B) with respect to the first 2 times that an individual exercises the rights described in paragraph (1) in any 12-month period, allow the individual to exercise such rights free of charge. (3) Exceptions A covered entity— (A) shall not comply with a request to exercise the rights described in paragraph (1) if the covered entity cannot verify— (i) that the individual making the request is the individual to whom the covered data that is the subject of the request relates; or (ii) the individual’s assertion under paragraph (1)(B) that such information is inaccurate or incomplete; (B) may decline to comply with a request that would— (i) require the covered entity to retain any covered data for the sole purpose of fulfilling the request; (ii) be impossible or demonstrably impracticable to comply with; (iii) require the covered entity to combine, relink, or otherwise reidentify covered data that has been deidentified; (iv) result in the release of trade secrets, or other proprietary or confidential data or business practices; (v) interfere with law enforcement, judicial proceedings, investigations, or reasonable efforts to guard against, detect, or investigate malicious or unlawful activity, or enforce contracts; (vi) require disproportionate effort, taking into consideration available technology, or would not be reasonably feasible on technical grounds; (vii) compromise the privacy, security, or other rights of the covered data of another individual; (viii) be excessive or abusive to another individual; or (ix) violate Federal or State law or the rights and freedoms of another individual, including under the Constitution of the United States; and (C) may delete covered data instead of providing access and correction rights under subparagraphs (A) and (B) of paragraph (1) if such covered data— (i) is not sensitive covered data; and (ii) is used only for the purposes of contacting individuals with respect to marketing communications. (b) Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, establishing processes by which covered entities may verify requests to exercise rights described in subsection (a)(1). 104. Rights to consent (a) Consent Except as provided in section 108, a covered entity shall not, without the prior, affirmative express consent of an individual— (1) transfer sensitive covered data of the individual to a third party; or (2) process sensitive covered data of the individual. (b) Requirements for affirmative express consent In obtaining the affirmative express consent of an individual to process the sensitive covered data of the individual as required under subsection (a)(2), a covered entity shall provide the individual with notice that shall— (1) include a clear description of the processing purpose for which the sensitive covered data will be processed; (2) clearly identify any processing purpose that is necessary to fulfill a request made by the individual; (3) include a prominent heading that would enable a reasonable individual to easily identify the processing purpose for which consent is sought; and (4) clearly explain the individual’s right to provide or withhold consent. (c) Requirements related to minors A covered entity shall not transfer the covered data of an individual to a third-party without affirmative express consent from the individual or the individual’s parent or guardian if the covered entity has actual knowledge that the individual is between 13 and 16 years of age. (d) Right To opt out Except as provided in section 108, a covered entity shall provide an individual with the ability to opt out of the collection, processing, or transfer of such individual’s covered data before such collection, processing, or transfer occurs. (e) Prohibition on inferred consent A covered entity shall not infer that an individual has provided affirmative express consent to a processing purpose from the inaction of the individual or the individual's continued use of a service or product provided by the covered entity. (f) Withdrawal of consent A covered entity shall provide an individual with a clear and conspicuous means to withdraw affirmative express consent. (g) Rulemaking The Commission may promulgate regulations under section 553 of title 5, United States Code, to establish clear and conspicuous procedures for allowing individuals to provide or withdraw affirmative express consent for the collection of sensitive covered data. 105. Minimizing data collection, processing, and retention (a) In general Except as provided in section 108, a covered entity shall not collect, process, or transfer covered data beyond— (1) what is reasonably necessary, proportionate, and limited to provide or improve a product, service, or a communication about a product or service, including what is reasonably necessary, proportionate, and limited to provide a product or service specifically requested by an individual or reasonably anticipated within the context of the covered entity’s ongoing relationship with an individual; (2) what is reasonably necessary, proportionate, or limited to otherwise process or transfer covered data in a manner that is described in the privacy policy that the covered entity is required to publish under section 102(a); or (3) what is expressly permitted by this Act or any other applicable Federal law. (b) Best practices Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidelines recommending best practices for covered entities to minimize the collection, processing, and transfer of covered data in accordance with this section. (c) Rule of construction Notwithstanding section 404 of this Act, nothing in this section supersedes any other provision of this Act or other applicable Federal law. 106. Service providers and third parties (a) Service providers A service provider— (1) shall not process service provider data for any processing purpose that is not performed on behalf of, and at the direction of, the covered entity that transferred the data to the service provider; (2) shall not transfer service provider data to a third party for any purpose other than a purpose performed on behalf of, or at the direction of, the covered entity that transferred the data to the service provider; (3) at the direction of the covered entity that transferred service provider data to the service provider, shall delete or deidentify such data— (A) as soon as practicable after the service provider has completed providing the service or function for which the data was transferred to the service provider; or (B) as soon as practicable after the end of the period during which the service provider is to provide services with respect to such data, as agreed to by the service provider and the covered entity that transferred the data; (4) is exempt from the requirements of section 103 with respect to service provider data, but shall, to the extent practicable— (A) assist the covered entity from which it received the service provider data in fulfilling requests to exercise rights under section 103(a); and (B) upon receiving notice from a covered entity of a verified request made under section 103(a)(1) to delete, deidentify, or correct service provider data held by the service provider, delete, deidentify, or correct such data; and (5) is exempt from the requirements of sections 104 and 105. (b) Third parties A third party— (1) shall not process third party data for a processing purpose inconsistent with the reasonable expectation of the individual to whom such data relates; (2) for purposes of paragraph (1), may reasonably rely on representations made by the covered entity that transferred third party data regarding the reasonable expectations of individuals to whom such data relates, provided that the third party conducts reasonable due diligence on the representations of the covered entity and finds those representations to be credible; and (3) is exempt from the requirements of sections 104 and 105. (c) Bankruptcy In the event that a covered entity enters into a bankruptcy proceeding which would lead to the disclosure of covered data to a third party, the covered entity shall in a reasonable time prior to the disclosure— (1) provide notice of the proposed disclosure of covered data, including the name of the third party and its policies and practices with respect to the covered data, to all affected individuals; and (2) provide each affected individual with the opportunity to withdraw any previous affirmative express consent related to the covered data of the individual or request the deletion or deidentification of the covered data of the individual. (d) Additional obligations on covered entities (1) In general A covered entity shall exercise reasonable due diligence to ensure compliance with this section before— (A) selecting a service provider; or (B) deciding to transfer covered data to a third party. (2) Guidance Not later than 2 years after the effective date of this Act, the Commission shall publish guidance regarding compliance with this subsection. Such guidance shall, to the extent practicable, minimize unreasonable burdens on small- and medium-sized covered entities. 107. Privacy impact assessments (a) Privacy impact assessments of new or material changes to processing of covered data (1) In general Not later than 1 year after the date of enactment of this Act (or, if later, not later than 1 year after a covered entity first meets the definition of a large data holder (as defined in section 2)), each covered entity that is a large data holder shall conduct a privacy impact assessment of each of its processing activities involving covered data that present a heightened risk of harm to individuals, and each such assessment shall weigh the benefits of the covered entity's covered data collection, processing, and transfer practices against the potential adverse consequences to individual privacy of such practices. (2) Assessment requirements A privacy impact assessment required under paragraph (1)— (A) shall be reasonable and appropriate in scope given— (i) the nature of the covered data collected, processed, or transferred by the covered entity; (ii) the volume of the covered data collected, processed, or transferred by the covered entity; (iii) the size of the covered entity; and (iv) the potential risks posed to the privacy of individuals by the collection, processing, or transfer of covered data by the covered entity; (B) shall be documented in written form and maintained by the covered entity unless rendered out of date by a subsequent assessment conducted under subsection (b); and (C) shall be approved by the data privacy officer of the covered entity. (b) Ongoing privacy impact assessments (1) In general A covered entity that is a large data holder shall, not less frequently than once every 2 years after the covered entity conducted the privacy impact assessment required under subsection (a), conduct a privacy impact assessment of the collection, processing, and transfer of covered data by the covered entity to assess the extent to which— (A) the ongoing practices of the covered entity are consistent with the covered entity's published privacy policies; (B) any customizable privacy settings included in a service or product offered by the covered entity are adequately accessible to individuals who use the service or product and are effective in meeting the privacy preferences of such individuals; (C) the practices and privacy settings described in subparagraphs (A) and (B), respectively— (i) meet the expectations of a reasonable individual; and (ii) provide an individual with adequate control over the individual's covered data; (D) the covered entity could enhance the privacy and security of covered data through technical or operational safeguards such as encryption, deidentification, and other privacy-enhancing technologies; and (E) the processing of covered data is compatible with the stated purposes for which it was collected. (2) Approval by data privacy officer The data privacy officer of a covered entity shall approve the findings of an assessment conducted by the covered entity under this subsection. 108. Scope of coverage (a) General exceptions Notwithstanding any provision of this title other than subsections (a) through (c) of section 102, a covered entity may collect, process or transfer covered data for any of the following purposes, provided that the collection, processing, or transfer is reasonably necessary, proportionate, and limited to such purpose: (1) To initiate or complete a transaction or to fulfill an order or provide a service specifically requested by an individual, including associated routine administrative activities such as billing, shipping, financial reporting, and accounting. (2) To perform internal system maintenance, diagnostics, product or service management, inventory management, and network management. (3) To prevent, detect, or respond to a security incident or trespassing, provide a secure environment, or maintain the safety and security of a product, service, network, or individual. (4) To protect against malicious, deceptive, fraudulent, or illegal activity. (5) To comply with a legal obligation or the establishment, exercise, analysis, or defense of legal claims or rights, or as required or specifically authorized by law. (6) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by an Executive agency. (7) To cooperate with an Executive agency or a law enforcement official acting under the authority of an Executive or State agency concerning conduct or activity that the Executive agency or law enforcement official reasonably and in good faith believes may violate Federal, State, or local law, or pose a threat to public safety or national security. (8) To address risks to the safety of an individual or group of individuals, or to ensure customer safety, including by authenticating individuals in order to provide access to large venues open to the public. (9) To effectuate a product recall pursuant to Federal or State law. (10) To conduct public or peer-reviewed scientific, historical, or statistical research that— (A) is in the public interest; (B) adheres to all applicable ethics and privacy laws; and (C) is approved, monitored, and governed by an institutional review board or other oversight entity that meets standards promulgated by the Commission pursuant to section 553 of title 5, United States Code. (11) To transfer covered data to a service provider. (12) For a purpose identified by the Commission pursuant to a regulation promulgated under subsection (b). (b) Additional purposes The Commission may promulgate regulations under section 553 of title 5, United States Code, identifying additional purposes for which a covered entity may collect, process or transfer covered data. (c) Small business exception Sections 103, 105, and 301 shall not apply in the case of a covered entity that can establish that, for the 3 preceding calendar years (or for the period during which the covered entity has been in existence if such period is less than 3 years)— (1) the covered entity's average annual gross revenues did not exceed $50,000,000; (2) on average, the covered entity annually processed the covered data of less than 1,000,000 individuals; (3) the covered entity never employed more than 500 individuals at any one time; and (4) the covered entity derived less than 50 percent of its revenues from transferring covered data. II Data transparency, integrity, and security 201. Civil rights, algorithm bias, detection, and mitigation (a) Civil rights protections A covered entity, service provider, or third party may not collect, process, or transfer covered data in violation of Federal civil rights laws. (b) FTC enforcement assistance (1) In general Whenever the Commission obtains information that a covered entity may have processed or transferred covered data in violation of Federal civil rights laws, the Commission shall transmit such information (excluding any such information that is a trade secret as defined by section 1839 of title 18, United States Code) to the appropriate Executive agency or State agency with authority to initiate proceedings relating to such violation. (2) Annual report Beginning in 2022, the Commission shall submit an annual report to Congress that includes— (A) a summary of the types of information the Commission transmitted to Executive agencies or State agencies during the preceding year pursuant to this subsection; and (B) a summary of how such information relates to Federal civil rights laws. (3) Cooperation with other agencies The Commission may implement this subsection by executing agreements or memoranda of understanding with the appropriate Executive agencies. (4) Relationship to other laws Notwithstanding section 404, nothing in this subsection shall supersede any other provision of law. (c) Algorithm transparency reports (1) Study and report (A) Study The Commission shall conduct a study, using the Commission's authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), examining the use of algorithms to process covered data in a manner that may violate Federal anti-discrimination laws. (B) Report Not later than 3 years after the date of enactment of this Act, the Commission shall publish a report containing the results of the study required under subparagraph (A). (C) Guidance The Commission shall use the results of the study described in subparagraph (A) to develop guidance to assist covered entities in avoiding the use of algorithms to process covered data in a manner that violates Federal civil rights laws. (2) Updated report Not later than 5 years after the publication of the report required under paragraph (1), the Commission shall publish an updated report. 202. Data brokers (a) In general Not later than January 31 of each calendar year that follows a calendar year during which a covered entity acted as a data broker, such covered entity shall register with the Commission pursuant to the requirements of this section. (b) Registration requirements In registering with the Commission as required under subsection (a), a data broker shall do the following: (1) Pay to the Commission a registration fee of $100. (2) Provide the Commission with the following information: (A) The name and primary physical, email, and internet addresses of the data broker. (B) Any additional information or explanation the data broker chooses to provide concerning its data collection and processing practices. (c) Penalties A data broker that fails to register as required under subsection (a) shall be liable for— (1) a civil penalty of $50 for each day it fails to register, not to exceed a total of $10,000 for each year; and (2) an amount equal to the fees due under this section for each year that it failed to register as required under subsection (a). (d) Publication of registration information The Commission shall publish on the internet website of the Commission the registration information provided by data brokers under this section. 203. Protection of covered data (a) In general A covered entity shall establish, implement, and maintain reasonable administrative, technical, and physical data security policies and practices to protect against risks to the confidentiality, security, and integrity of covered data. (b) Data security requirements The data security policies and practices required under subsection (a) shall be— (1) appropriate to the size and complexity of the covered entity, the nature and scope of the covered entity’s collection or processing of covered data, the volume and nature of the covered data at issue, and the cost of available tools to improve security and reduce vulnerabilities; and (2) designed to— (A) identify and assess vulnerabilities to covered data; (B) take reasonable preventative and corrective action to address known vulnerabilities to covered data; and (C) detect, respond to, and recover from cybersecurity incidents related to covered data. (c) Rulemaking and guidance (1) Rulemaking authority and scope (A) In general The Commission may, pursuant to a proceeding in accordance with section 553 of title 5, United States Code, issue regulations to identify processes for receiving and assessing information regarding vulnerabilities to covered data that are reported to the covered entity. (B) Consultation with NIST In promulgating regulations under this paragraph, the Commission shall consult with, and take into consideration guidance from, the National Institute for Standards and Technology. (2) Guidance Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance to covered entities on how to— (A) identify and assess vulnerabilities to covered data, including— (i) the potential for unauthorized access to covered data; (ii) vulnerabilities in the covered entity’s collection or processing of covered data; (iii) the management of access rights; and (iv) the use of service providers to process covered data; (B) take reasonable preventative and corrective action to address vulnerabilities to covered data; and (C) detect, respond to, and recover from cybersecurity incidents and events. (d) Applicability of other information security laws A covered entity that is required to comply with title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ) or the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 et seq. ), and is in compliance with the information security requirements of such Act, shall be deemed to be in compliance with the requirements of this section with respect to covered data that is subject to the requirements of such Act. III Corporate accountability 301. Designation of data privacy officer and data security officer (a) In general A covered entity shall designate— (1) 1 or more qualified employees or contractors as a data privacy officer; and (2) 1 or more qualified employees or contractors (in addition to any employee or contractor designated under paragraph (1)) as a data security officer. (b) Responsibilities of data privacy officers and data security officers An employee or contractor who is designated by a covered entity as a data privacy officer or a data security officer shall be responsible for, at a minimum, coordinating the covered entity's policies and practices regarding— (1) in the case of a data privacy officer, compliance with the privacy requirements with respect to covered data under this Act; and (2) in the case of a data security officer, the security requirements with respect to covered data under this Act. 302. Internal controls A covered entity shall maintain internal controls and reporting structures to ensure that appropriate senior management officials of the covered entity are involved in assessing risks and making decisions that implicate compliance with this Act. 303. Whistleblower protections (a) Definitions For purposes of this section: (1) Whistleblower The term whistleblower means any employee or contractor of a covered entity who voluntarily provides to the Commission original information relating to non-compliance with, or any violation or alleged violation of, this Act or any regulation promulgated under this Act. (2) Original Information The term original information means information that is provided to the Commission by an individual and— (A) is derived from the independent knowledge or analysis of an individual; (B) is not known to the Commission from any other source at the time the individual provides the information; and (C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from news media, unless the individual is a source of the allegation. (b) Effect of whistleblower retaliations on penalties In seeking penalties under section 401 for a violation of this Act or a regulation promulgated under this Act by a covered entity, the Commission shall consider whether the covered entity retaliated against an individual who was a whistleblower with respect to original information that led to the successful resolution of an administrative or judicial action brought by the Commission or the Attorney General of the United States on behalf of the Commission under this Act against such covered entity. IV Enforcement authority and new programs 401. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of commission (1) In general Except as provided in subsections (c) and (d), the Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (3) Limiting certain actions unrelated to this Act; authority preserved The Commission shall not bring any action to enforce the prohibition in section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) on unfair or deceptive acts or practices with respect to the privacy or security of covered data, unless such alleged act of practice violates this Act. (c) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and the regulations promulgated under this Act, in the same manner provided in subsections (a) and (b) of this subsection, with respect to— (1) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and all Acts amendatory thereof and supplementary thereto; and (2) organizations not organized to carry on business for their own profit or that of their members. (d) Data privacy and security fund (1) Establishment of Victims Relief Fund There is established in the Treasury of the United States a separate fund to be known as the Data Privacy and Security Victims Relief Fund (referred to in this paragraph as the Victims Relief Fund ). (2) Deposits (A) Deposits from the commission The Commission shall deposit into the Victims Relief Fund the amount of any civil penalty obtained against any covered entity in any action the Commission commences to enforce this Act or a regulation promulgated under this Act. (B) Deposits from the Attorney General The Attorney General of the United States shall deposit into the Victims Relief Fund the amount of any civil penalty obtained against any covered entity in any action the Attorney General commences on behalf of the Commission to enforce this Act or a regulation promulgated under this Act. (3) Use of fund amounts Amounts in the Victims Relief Fund shall be available to the Commission, without fiscal year limitation, to provide redress, payments or compensation, or other monetary relief to individuals harmed by an act or practice for which civil penalties have been imposed under this Act. To the extent that individuals cannot be located or such redress, payments or compensation, or other monetary relief are otherwise not practicable, the Commission may use such funds for the purpose of consumer or business education relating to data privacy and security or for the purpose of engaging in technological research that the Commission considers necessary to enforce this Act. (4) Amounts not subject to apportionment Notwithstanding any other provision of law, amounts in the Victims Relief Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. (e) Authorization of appropriations There is authorized to be appropriated to the Commission $100,000,000 to carry out this Act. 402. Enforcement by State attorneys general (a) Civil action In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by the engagement of any covered entity in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (1) enjoin that act or practice; (2) enforce compliance with this Act or the regulation; (3) obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or (4) obtain such other relief as the court may consider to be appropriate. (b) Rights of the commission (1) In general Except where not feasible, the attorney general of a State shall notify the Commission in writing prior to initiating a civil action under subsection (a). Such notice shall include a copy of the complaint to be filed to initiate such action. Upon receiving such notice, the Commission may intervene in such action and, upon intervening— (A) be heard on all matters arising in such action; and (B) file petitions for appeal of a decision in such action. (2) Notification timeline Where it is not feasible for the attorney general of a State to provide the notification required by paragraph (2) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately after initiating the civil action. (c) Consolidation of actions brought by two or more State attorneys general Whenever a civil action under subsection (a) is pending and another civil action or actions are commenced pursuant to such subsection in a different Federal district court or courts that involve 1 or more common questions of fact, a defendant in such action or actions my request that such action or actions be transferred for the purposes of consolidated pretrial proceedings and trial to the United States District Court for the District of Columbia; provided however, that no such action shall be transferred if pretrial proceedings in that action have been concluded before a subsequent action is filed by the attorney general of the State. (d) Actions by commission In any case in which a civil action is instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act, no attorney general of a State may, during the pendency of such action, institute a civil action against any defendant named in the complaint in the action instituted by or on behalf of the Commission for violation of this Act or a regulation promulgated under this Act that is alleged in such complaint. (e) Investigatory powers Nothing in this section shall be construed to prevent the attorney general of a State or another authorized official of a State from exercising the powers conferred on the attorney general or the State official by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (f) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (g) Actions by other State officials Any State official who is authorized by the State attorney general to be the exclusive authority in that State to enforce this Act may bring a civil action under subsection (a), subject to the same requirements and limitations that apply under this section to civil actions brought under such subsection by State attorneys general. 403. Approved certification programs (a) In general The Commission shall establish a program in which the Commission shall approve voluntary consensus standards or certification programs that covered entities may use to comply with 1 or more provisions in this Act. (b) Effect of approval A covered entity in compliance with a voluntary consensus standard approved by the Commission shall be deemed to be in compliance with the provisions of this Act. (c) Time for approval The Commission shall issue a decision regarding the approval of a proposed voluntary consensus standard not later than 180 days after a request for approval is submitted. (d) Effect of non-Compliance A covered entity that claims compliance with an approved voluntary consensus standard and is found not to be in compliance with such program by the Commission or in any judicial proceeding shall be considered to be in violation of this Act. (e) Rulemaking Not later than 120 days after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, establishing a process for review of requests for approval of proposed voluntary consensus standards under this section. (f) Requirements To be eligible for approval by the Commission, a voluntary consensus standard shall meet the requirements for voluntary consensus standards set forth in Office of Management and Budget Circular A–119, or other equivalent guidance document, ensuring that they are the result of due process procedures and appropriately balance the interests of all the stakeholders, including individuals, businesses, organizations, and other entities making lawful uses of the covered data covered by the standard, and— (1) specify clear and enforceable requirements for covered entities participating in the program that provide an overall level of data privacy or data security protection that is equivalent to or greater than that provided in the relevant provisions in this Act; (2) require each participating covered entity to post in a prominent place a clear and conspicuous public attestation of compliance and a link to the website described in paragraph (4); (3) include a process for an independent assessment of a participating covered entity’s compliance with the voluntary consensus standard or certification program prior to certification and at reasonable intervals thereafter; (4) create a website describing the voluntary consensus standard or certification program’s goals and requirements, listing participating covered entities, and providing a method for individuals to ask questions and file complaints about the program or any participating covered entity; (5) take meaningful action for non-compliance with the relevant provisions of this Act by any participating covered entity, which shall depend on the severity of the non-compliance and may include— (A) removing the covered entity from the program; (B) referring the covered entity to the Commission or other appropriate Federal or State agencies for enforcement; (C) publicly reporting the disciplinary action taken with respect to the covered entity; (D) providing redress to individuals harmed by the non-compliance; (E) making voluntary payments to the United States Treasury; and (F) taking any other action or actions to ensure the compliance of the covered entity with respect to the relevant provisions of this Act; and (6) issue annual reports to the Commission and to the public detailing the activities of the program and its effectiveness during the preceding year in ensuring compliance with the relevant provisions of this Act by participating covered entities and taking meaningful disciplinary action for non-compliance with such provisions by such entities. 404. Relationship between Federal and State law (a) Relationship to State law No State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, requirement, or standard related to the data privacy or data security and associated activities of covered entities. (b) Savings provision Subsection (a) may not be construed to preempt State laws that directly establish requirements for the notification of consumers in the event of a data breach. (c) Relationship to other Federal laws (1) In general Except as provided in paragraphs (2) and (3), the requirements of this Act shall supersede any other Federal law or regulation relating to the privacy or security of covered data or associated activities of covered entities. (2) Savings provision This Act may not be construed to modify, limit, or supersede the operation of the following: (A) The Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 et seq. ). (B) The Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq. ). (C) Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ). (D) Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ). (E) The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ). (F) The Health Insurance Portability and Accountability Act ( Public Law 104–191 ). (G) The Electronic Communications Privacy Act ( 18 U.S.C. 2510 et seq. ). (H) Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). (I) The Driver's Privacy Protection Act of 1994 ( 18 U.S.C. 2721 et seq. ). (J) The Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.). (K) The Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 et seq. ). (3) Compliance with saved Federal laws To the extent that the data collection, processing, or transfer activities of a covered entity are subject to a law listed in paragraph (2), such activities of such entity shall not be subject to the requirements of this Act. (4) Nonapplication of FCC laws and regulations to covered entities Notwithstanding any other provision of law, neither any provision of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and all Acts amendatory thereof and supplementary thereto nor any regulation promulgated by the Federal Communications Commission under such Acts shall apply to any covered entity with respect to the collection, use, processing, transferring, or security of individual information, except to the extent that such provision or regulation pertains solely to 911 lines or other emergency line of a hospital, medical provider or service office, health care facility, poison control center, fire protection agency, or law enforcement agency. 405. Constitutional avoidance The provisions of this Act shall be construed, to the greatest extent possible, to avoid conflicting with the Constitution of the United States, including the protections of free speech and freedom of the press established under the First Amendment to the Constitution of the United States. 406. Severability If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s2499is/xml/BILLS-117s2499is.xml |
117-s-2500 | II 117th CONGRESS 1st Session S. 2500 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , Mr. Hagerty , Ms. Lummis , and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require providers of interactive computer services to publicly disclose information relating to requests or recommendations made by government entities to moderate content, and for other purposes.
1. Short title This Act may be cited as the Preventing Restrictions and Empowering Speakers to Enable Robust and Varied Exchanges in Online Speech or the PRESERVE Online Speech Act . 2. Public disclosure of request or recommendation to moderate content (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term government entity means— (A) a United States or foreign government entity; and (B) an entity acting on behalf of an entity described in subparagraph (A); and (3) the terms information content provider and interactive computer service have the meanings given those terms in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (b) Requirement To disclose Except as provided in subsection (c), not later than 7 days after the date on which a government entity requests or recommends that a provider of an interactive computer service moderate content on the interactive computer service, including editing, deleting, throttling, limiting the reach of, reducing or eliminating the ability of an information content provider to earn revenue from, or comment upon, information provided by an information content provider, terminating or limiting an account or usership, and any other content moderation, promotion, and other curation practices, the provider shall issue a public disclosure on a public website hosted by the provider that includes— (1) specific information about the request or recommendation; (2) the government entity that made the request or recommendation and the point of contact for that government entity; (3) the rationale for the request or recommendation; and (4) any steps taken by the provider as a result of the request or recommendation. (c) Exception Subsection (b) shall not apply with respect to actions taken by a provider of an interactive computer service as a result of a Federal law enforcement proceeding or is in the interest of national security. (d) Fines for noncompliance Any provider of an interactive computer service that does not comply with the requirements under subsection (b) shall be fined $50,000 per day of noncompliance, which fines shall be collected by the Commission for deposit in the Rural Digital Opportunity Fund. (e) Annual report The Commission shall, on an annual basis, compile and submit to the Committees on the Judiciary of the Senate and the House of Representatives a report that includes the contents of each public disclosure made by a provider of an interactive computer service under subsection (b) during the year covered by the report. | https://www.govinfo.gov/content/pkg/BILLS-117s2500is/xml/BILLS-117s2500is.xml |
117-s-2501 | II 117th CONGRESS 1st Session S. 2501 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Markey (for himself, Mr. Carper , Mr. Whitehouse , Mr. Cardin , 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 require the Secretary of Energy to establish an offshore wind career training grant program, and for other purposes.
1. Short title This Act may be cited as the Offshore Wind Jobs and Opportunity Act . 2. Offshore wind career training grant program (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives. (2) Community college The term community college has the meaning given the term junior or community college in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (3) Dislocated worker The term dislocated worker has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (4) Eligible entity The term eligible entity means an entity that is— (A) an institution of higher education; or (B) a labor organization. (5) Grant program The term grant program means the grant program established under subsection (d). (6) Grantee The term grantee means an eligible entity that has received a grant under this section. (7) Individual with a barrier to employment The term individual with a barrier to employment has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (9) Lead applicant The term lead applicant means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which a grant is awarded under this section. (10) Qualified intermediary The term qualified intermediary 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 ). (11) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (12) Registered apprenticeship program The term registered 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. ). (13) Secretary The term Secretary means the Secretary of Energy. (14) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (b) Identification of educational and career training needs Not later than 120 days after the date of enactment of this Act, the Secretary, in consultation with representatives from the offshore wind industry, eligible entities, including eligible entities that are community colleges and labor organizations, State and local governments, ports, and nonprofit organizations, shall identify educational and career training needs with respect to the offshore wind industry, including needs relating to manufacturing, construction, installation, operation, engineering training and education, and maintenance activities. (c) Guidelines Not later than 180 days after the date of enactment of this Act, the Secretary shall— (1) issue guidelines for the submission of grant proposals under this section, which shall include a list of the educational and career training needs identified under subsection (b); and (2) publish and maintain the guidelines described in paragraph (1) on a public website of the Secretary. (d) Establishment of grant program Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program under which the Secretary may award offshore wind career training grants to eligible entities for the purpose of developing, offering, or improving educational or career training programs that provide individuals who are enrolled in those programs with skills that are necessary for employment in the offshore wind industry. (e) Allocation of grants (1) Limitation on grant quantity and size In carrying out this section, the Secretary may not award to an eligible entity— (A) more than 1 grant for which the eligible entity is the lead applicant; or (B) a grant that is in an amount that is more than $2,500,000. (2) Allocation to entities with registered apprenticeship programs The Secretary shall ensure that, in a fiscal year, not less than 25 percent of the total amount that the Secretary awards in grants under this section is awarded to eligible entities that sponsor registered apprenticeship programs. (3) Allocation of construction and maintenance grants To the maximum extent practicable, the Secretary shall ensure that grants relating to construction and maintenance career training are reserved for— (A) eligible entities that sponsor a registered apprenticeship program or offer a pre-apprenticeship program that facilitates entry into a registered apprenticeship program; and (B) eligible entities that are participating in a joint labor-management partnership. (f) Partnerships An eligible entity seeking to receive a grant under this section may partner with 1 or more of the following: (1) Another eligible entity, including an eligible entity that is— (A) a community college; or (B) participating in a joint labor-management partnership. (2) A State or local government agency responsible for education, workforce development, or offshore wind energy activities. (3) A nonprofit organization. (4) A qualified intermediary. (g) Use of grant An eligible entity may use a grant awarded under this section to carry out— (1) occupational skills training, including curriculum and career pathway development, on-the-job training, safety and health training, and classroom training; (2) incumbent worker and career ladder training and retraining, including skill upgrading and transitional job strategizing; (3) individual referral and tuition assistance for a training program through which an individual may attain a recognized postsecondary credential; (4) customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program, paid internship, or joint labor-management partnership; and (5) other activities that the Secretary determines meet the purposes of this section. (h) Submission procedure for grant proposals An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and, in accordance with the guidelines issued under subsection (c)(1), containing such information as the Secretary may require. (i) Criteria for award of grants (1) In general Subject to the availability of appropriations, the Secretary may award a grant under this section only after an evaluation of— (A) the merits of the grant proposal with respect to the grant; (B) the employment opportunities or projected employment opportunities, including the projected wages and benefits, available to individuals who complete the educational or career training program that the eligible entity applying for the grant proposes to develop, offer, or improve; (C) the availability and capacity of existing educational or career training programs in the community served by the eligible entity applying for the grant to meet future demand for the educational or career training programs; and (D) the employment opportunities or projected employment opportunities for members of groups that have been historically underserved in the engineering and construction of energy facilities or the engineering and manufacture of energy facility components. (2) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (A) are— (i) institutions of higher education that have formed partnerships with labor organizations; or (ii) labor organizations that have formed partnerships with institutions of higher education; (B) have entered into a memorandum of understanding with 1 or more employers in the offshore wind industry to partner on the establishment or expansion of the educational or career training program that the eligible entity applying for the grant proposes to develop, offer, or improve; or (C) will use the grant funds to assist individuals who are— (i) dislocated workers, with a focus on workers displaced from the offshore oil and gas, onshore fossil fuel, nuclear energy, or fishing industry; (ii) veterans, members of the reserve components of the Armed Forces, or former members of those reserve components; or (iii) individuals with a barrier to employment. (j) Matching requirements A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. (k) Grantee data collection (1) In general A grantee shall collect and report to the Secretary on an annual basis the following information regarding the educational or career training program for which the grantee receives a grant under this section: (A) The number of participants enrolled in the educational or career training program (referred to in this subsection as participants ). (B) The number of participants that completed the educational or career training program during the previous 1-year period. (C) The services received in the educational or career training program by the participants, including a description of training, educational, and supportive services. (D) The amount of grant funds expended by the grantee per participant. (E) The rate of job placement of participants in the offshore wind industry or related fields that have completed the educational or career training program. (F) The rate at which participants are retained in positions of employment 1 year after the date on which the participant has completed the program. (G) The percentage of participants enrolled in the educational or career training program who obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent not later than 1 year after exiting the program. (2) Disaggregation of data The data collected and reported under this subsection shall be disaggregated by— (A) each population specified in subparagraphs (A) through (M) of section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ); (B) race; (C) ethnicity; (D) sex; and (E) age. (3) Data collection assistance The Secretary shall assist grantees in the collection of data under this subsection— (A) by making available, in coordination with the Secretary of Labor and where practicable, low-cost means of tracking the labor market outcomes of participants; and (B) by providing standardized reporting forms, where appropriate. (l) Technical and oversight assistance The Secretary shall provide technical assistance and oversight— (1) to assist eligible entities in applying for grants under this section; and (2) to assist grantees in administering grants received under this section. (m) Reporting requirements (1) Initial report Not later than 18 months after the date on which the grant program is established, the Secretary shall submit to the appropriate committees of Congress an initial report describing the results of the grant program, including a description of— (A) the grantees that were awarded a grant under this section; and (B) the activities for which the grantees described in subparagraph (A) used a grant awarded under this section. (2) Additional reports Not later than 2 years after the date on which the initial report is submitted under paragraph (1), and every 2 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the grant program for the 2-year period preceding the report. (n) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. (2) Administrative expenses The Secretary may use not more than 2 percent of the amount appropriated under paragraph (1) for each fiscal year for administrative expenses, including expenses relating to providing technical assistance and oversight activities under subsection (l). | https://www.govinfo.gov/content/pkg/BILLS-117s2501is/xml/BILLS-117s2501is.xml |
117-s-2502 | II 117th CONGRESS 1st Session S. 2502 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Coons (for himself, Mr. Cornyn , Mr. Durbin , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide first-time, low-level, nonviolent simple possession offenders an opportunity to expunge that conviction after successful completion of court-imposed probation.
1. Short title This Act may be cited as the Kenneth P. Thompson Begin Again Act . 2. Eliminating age requirement for expungement of certain convictions for simple possession of controlled substances by nonviolent offenders Section 3607(c) of title 18, United States Code, is amended by striking and the person was less than twenty-one years old at the time of the offense, . | https://www.govinfo.gov/content/pkg/BILLS-117s2502is/xml/BILLS-117s2502is.xml |
117-s-2503 | II 117th CONGRESS 1st Session S. 2503 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide definitions of terms and services related to community-based gang intervention to ensure that funding for such intervention is utilized in a cost-effective manner and that community-based agencies are held accountable for providing holistic, integrated intervention services, and for other purposes.
1. Short title This Act may be cited as the Community-Based Gang Intervention Act . I COMMUNITY-BASED GANG INTERVENTION AGENCIES 101. Community-based gang intervention agencies The Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq. ) is amended— (1) by redesignating title VI ( 34 U.S.C. 11321 et seq. ) as title VII; (2) by redesignating sections 601 and 602 ( 34 U.S.C. 11321 , 11322) as sections 701 and 702, respectively; and (3) by inserting after title V the following: VI COMMUNITY-BASED GANG INTERVENTION GRANTS 601. Purpose The purpose of this title is to offer holistic and comprehensive support for community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including— (1) the regional level, to promote and coordinate peace truces and cease-fires between groups; (2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and (3) the neighborhood level, including with active gang members individually. 602. Support of community-based gang intervention agencies (a) Support of community-Based gang intervention agencies Subject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). (b) Eligible entity For the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a history of and expertise in providing community-based gang intervention activities through a community-based gang intervention model. (c) Grant activities Each entity awarded a grant under this section shall carry out activities that promote public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime, including the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence between gang members and between rival gangs. (2) Develop local and regional truces by negotiating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate dialogue and relationship between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety and stress experienced by gang members due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan to gang-related activities, including training protocols, situational scene scenarios, and emergency response. (8) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (9) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (10) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (11) Work with schools to respond to gang-related issues and crises both in and outside of school. (12) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (13) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; or (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (14) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; or (C) financial literacy. (15) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. (d) Availability of victims assistance An entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or criminal history. 603. Definitions In this title: (1) Community Notwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe. (2) Community-based gang intervention agency The term community-based gang intervention agency means a community-based organization, association, or other entity that— (A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and (B) has a history of, or training in, effectively working with gang-involved youth and their families. (3) Community-based gang intervention model The term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that uses the 2-prong approach of community-based intervention as defined in section 103 and an integrated approach of providing rehabilitative service delivery to gang-involved youth through trained specialists in community-gang intervention. (4) Gang The term gang means a group of individuals— (A) organized by geography, culture, or activity; (B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and (C) who engage in the use of violence to defend the members or territory of the group. (5) Youth The term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger. . II AMENDMENTS TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION 201. Definition of community-based gang intervention Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ) is amended— (1) in paragraph (1), by inserting except as provided in title VI, before the term ; (2) in paragraph (44)(C), by striking and after the semicolon; (3) in paragraph (45), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (46) except when used as part of the term community-based gang intervention agency or community-based gang intervention model , the term community-based gang intervention means a 2-prong approach to reducing gang violence that— (A) provides specialized, gang-specific mediation and mitigation to stop or prevent violence by, within, and between gangs; and (B) provides the redirection of individual gang members and their families through proactive efforts that increase peace and safety for gang members, their families, and their communities. . 202. Community-based gang intervention representative to State advisory boards Section 223(a)(3)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11133(a)(3)(ii) ) is amended— (1) in subclause (III), by inserting , or community-based gang intervention after delinquency prevention or treatment ; and (2) in subclause (IV), by inserting community-based gang intervention, after prevention and treatment, . 203. Grants for delinquency prevention programs Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11313 ) is amended— (1) in subsection (a) by inserting after programs the following: , including community-based gang intervention and gang prevention activities, ; and (2) in subsection (e)(1)(B)(ii), by striking activities and inserting programs and community-based gang intervention . | https://www.govinfo.gov/content/pkg/BILLS-117s2503is/xml/BILLS-117s2503is.xml |
117-s-2504 | II 117th CONGRESS 1st Session S. 2504 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Duckworth (for herself, Mr. Casey , Mrs. Feinstein , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote the provision of exercise or fitness equipment, and exercise or fitness classes and instruction, that are accessible to individuals with disabilities.
1. Short title This Act may be cited as the Exercise and Fitness for All Act of 2021 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Individuals with disabilities can maintain and improve their health through appropriate physical activity. (2) In the 2018 Physical Activity Guidelines for Americans (referred to in this section as the Guidelines ), the Department of Health and Human Services recommends that individuals with disabilities, who are able, participate in regular aerobic activity. (3) The Guidelines also recommend that adults with disabilities, who are able, do muscle strengthening activities of moderate or high intensity on 2 or more days a week, as these activities provide additional health benefits. (4) The Guidelines recommend that when adults with disabilities are not able to meet the Guidelines, they should engage in regular physical activity according to their abilities and avoid inactivity. (5) Physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions. (6) Many individuals with disabilities are unable to engage in the exercises or fitness activities recommended in the Guidelines due to the failure of exercise or fitness service providers to provide accessible exercise or fitness equipment. (7) The failure to provide accessible exercise or fitness equipment constitutes discrimination in violation of the Americans with Disabilities Act of 1990 (referred to in this section as the ADA ). (b) Purpose The purpose of this Act is— (1) to carry out the ADA’s objectives of providing a clear and comprehensive national mandate for the elimination of discrimination and clear, strong, consistent, enforceable standards addressing discrimination ; and (2) specifically, to carry out those objectives by issuing guidelines and regulations for exercise or fitness service providers specifying the accessible exercise or fitness equipment, and the accessible exercise or fitness classes and instruction, necessary to ensure that individuals with disabilities can— (A) obtain the benefits of physical activity; and (B) fully participate in the services offered by exercise or fitness service providers. 3. Definitions In this Act: (1) Access board The term Access Board means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ). (2) Accessible exercise or fitness equipment The term accessible exercise or fitness equipment — (A) means exercise or fitness equipment that is accessible to, and can be independently used and operated by, individuals with disabilities; and (B) includes equipment that complies with— (i) the American Society for Testing and Materials (referred to in this section as ASTM ) Standard Specification for Universal Design of Fitness Equipment for Inclusive Use by Persons with Functional Limitations and Impairments, ASTM F3021–17 (or any corresponding similar ASTM standard); and (ii) other ASTM standards with specifications for inclusive use of specific exercise or fitness equipment, such as bicycles or strength equipment. (3) Exercise or fitness equipment The term exercise or fitness equipment means devices such as motorized treadmills, stair climbers or step machines, stationary bicycles, rowing machines, weight machines, circuit training equipment, cardiovascular equipment, strength equipment, or other similar equipment. (4) Exercise or fitness service provider The term exercise or fitness service provider — (A) means an entity that— (i) provides exercise or fitness equipment, or exercise or fitness classes or instruction, for the use of patrons; and (ii) is considered a public accommodation under section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ) or is considered a public entity under section 201 of such Act ( 42 U.S.C. 12131 ); and (B) includes a stand-alone exercise or fitness center and an exercise or fitness center within an entity such as a hotel, retirement community, gymnasium, elementary or secondary school, or institution of higher education. (5) Individual with a disability The term individual with a disability means any person with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). 4. Exercise and fitness accessibility guidelines and regulations (a) Establishment of guidelines Not later than 18 months after the date of enactment of this Act, the Access Board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment. (b) Contents of guidelines The guidelines described in subsection (a) shall ensure that the appropriate number of items and types of accessible exercise or fitness equipment are provided by an exercise or fitness service provider. (c) Review and amendment The Access Board shall periodically review and, as appropriate, amend the guidelines, and shall issue the resulting guidelines as revised guidelines. (d) Regulations (1) In general Not later than 18 months after the Access Board issues guidelines under this section, the Department of Justice shall issue regulations regarding the provision of accessible exercise or fitness equipment and accessibility of exercise or fitness classes and instruction. (2) Equipment With respect to the provision of exercise or fitness equipment, the regulations shall be consistent with the Access Board guidelines. (3) Exercise or fitness classes and instruction The regulations shall— (A) ensure that exercise or fitness classes and instruction offered by the service provider are accessible to individuals with disabilities; and (B) ensure that the service provider makes available at least one employee who is able to assist individuals with disabilities in their use of accessible exercise or fitness equipment. (4) Considerations In issuing the regulations, the Department of Justice shall take into consideration each of the following: (A) Whether the exercise or fitness service provider is providing equipment, classes, or instruction at a new or existing facility. (B) The size of the exercise or fitness facility. (C) The availability of closed captioning of video programming displayed on equipment or a television provided by the exercise or fitness service provider. | https://www.govinfo.gov/content/pkg/BILLS-117s2504is/xml/BILLS-117s2504is.xml |
117-s-2505 | II 117th CONGRESS 1st Session S. 2505 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mrs. Fischer introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 6223 Maple Street in Omaha, Nebraska, as the Petty Officer 1st Class Charles Jackson French Post Office .
1. Petty Officer 1st Class Charles Jackson French Post Office (a) Designation The facility of the United States Postal Service located at 6223 Maple Street in Omaha, Nebraska, shall be known and designated as the Petty Officer 1st Class Charles Jackson French Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Petty Officer 1st Class Charles Jackson French Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s2505is/xml/BILLS-117s2505is.xml |
117-s-2506 | II 117th CONGRESS 1st Session S. 2506 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Barrasso (for himself, Mr. Risch , Mr. Marshall , Mrs. Hyde-Smith , Ms. Lummis , and Mr. Sullivan ) 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 Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to take actions to mitigate tree spiking devices on certain Federal land, and for other purposes.
1. Short title This Act may be cited as the Tree Spiking Mitigation Act of 2021 . 2. Detection, identification, and mitigation of tree spiking devices on Federal land (a) In general The Secretaries, acting in coordination, shall take necessary actions to ensure the detection, identification, and, as the Secretaries determine to be appropriate, mitigation of tree spiking devices located on Federal land. (b) Prioritization For purposes of carrying out activities under subsection (a), the Secretaries shall prioritize areas in which— (1) incidences of tree spiking devices have occurred; or (2) the Secretaries suspect that there are tree spiking devices. (c) Memoranda of understanding The Secretaries may enter into memoranda of understanding for carrying out activities on Federal land under this section. (d) Authorization of appropriations There is authorized to be appropriated to the Secretaries to carry out this section $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. 3. Updates to safety guidelines and training protocols Not later than 90 days after the date of enactment of this Act, the Secretaries shall, where appropriate, update safety guidelines and training protocols to include the awareness, detection, identification, and mitigation of tree spiking devices. 4. Definitions In this Act: (1) Federal land The term Federal land means— (A) 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) )), except— (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; and (B) land under the jurisdiction of the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Secretaries The term Secretaries means each of— (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (3) Tree spiking device The term tree spiking device means any tree spiking device described in section 1864(d)(3) of title 18, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2506is/xml/BILLS-117s2506is.xml |
117-s-2507 | II 117th CONGRESS 1st Session S. 2507 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a grant to provide mental health services and behavioral health services to at-risk youth, and for other purposes.
1. Short title This Act may be cited as the Eliminating Debtor’s Prison for Kids Act of 2021 . 2. Youth mental health grant (a) In general Beginning not later than 180 days after the date of enactment of this Act, the Attorney General shall carry out a program under which the Attorney General makes grants to eligible States for the purpose of providing evidence-based and trauma-informed mental and behavioral health services to at-risk youth, including juveniles in secure detention or correctional facilities in the State. (b) Eligibility To be eligible to receive a grant under this section, a State shall— (1) certify to the Attorney General that the laws of the State prohibit a juvenile offender or a parent or guardian of such a juvenile from being ordered to pay probation supervision fees or court administrative fees, including the cost of court-appointed attorneys or public defenders, the cost of prosecution, or other administrative costs of the court; (2) certify to the Attorney General that the laws of the State prohibit a parent or guardian of a juvenile offender from paying child support or other costs for detention or post-adjudication placement to the State; and (3) submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. (c) Use of funds A State that receives a grant under this section shall use the grant to provide evidence-based and trauma-informed mental and behavioral health services to at-risk juveniles, including juveniles in secure detention or correctional facilities in the State. (d) Contracts and Subgrants (1) In general A State may, in using a grant under this section for purposes authorized by subsection (c), use all or a portion of that grant to contract with or make one or more subgrants to one or more units of local government. (2) Use of funds An entity that receives a contract or a subgrant under this subsection may use such funds to provide services or benefits described under subsection (c). (e) Information for report A State that receives a grant under this section shall provide to an independent criminal justice organization, selected by the Attorney General, such information as is necessary to complete the report described in section 3. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2021 through 2025. 3. National report (a) Independent report Not later than 18 months after the date of enactment of this Act, an independent criminal justice organization, selected by the Attorney General, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a national report on fines and fees imposed on adults and juveniles in the criminal justice system, including— (1) information with respect to the monetary amount of fines and fees imposed, including the race, ethnicity, tribal affiliation, and other demographic data of the individuals upon whom such fines and fees are imposed and the rate at which individuals are reincarcerated within 1 year of release from a secure detention facility or a secure correctional facility; (2) a description of each type of service for which a fee is imposed; (3) a description of each type of charge for which a fine is imposed; (4) a comparison of the average length of incarceration or detention for individuals who are unable to pay a fine and the average length of incarceration or detention for individuals who are able to pay a fine based on the amount of the fine; and (5) a disclosure of the sum total of fines and fees collected minus the cost to collect such sum. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2021, which shall remain available until expended. 4. Definitions In this Act: (1) At-risk youth The term at-risk youth means an individual who— (A) has not attained the age of 21; and (B) (i) is likely to fail academically without intervention, including an individual who— (I) has a high truancy rate; (II) has withdrawn from school previously; (III) is not less than 1 year behind the appropriate grade level for an individual of the same age; or (IV) has limited English language proficiency; (ii) has a history of or is actively using drugs or alcohol; (iii) is pregnant or a parent; (iv) is a gang member; (v) is in contact with the juvenile justice system; or (vi) is homeless, has run away from home, or is in foster care. (2) Evidence-based The term evidence-based has the meaning given such term in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ). (3) Juvenile offender The term juvenile offender means an individual— (A) who has not attained the age of 21; and (B) (i) against whom a petition is filed for the adjudication of a delinquency offense under the laws of a State or the United States; or (ii) who has been adjudicated delinquent for a delinquency offense under the laws of a State or the United States. (4) Secure correctional facility The term secure correctional facility has the meaning given such term in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ). (5) Secure detention facility The term secure detention facility has the meaning given such term in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ). (6) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (7) Trauma-informed The term trauma-informed has the meaning given such term in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2507is/xml/BILLS-117s2507is.xml |
117-s-2508 | II 117th CONGRESS 1st Session S. 2508 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Reed (for himself, Mr. Merkley , Mr. Brown , Mr. Van Hollen , Ms. Smith , Mr. Booker , Mr. Blumenthal , Mr. Schatz , Mrs. Feinstein , Mr. Warnock , Mr. Leahy , and Mr. Wyden ) 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 extend the consumer credit protections provided to members of the Armed Forces and their dependents under title 10, United States Code, to all consumers.
1. Short title This Act may be cited as the Veterans and Consumers Fair Credit Act . 2. Limitations on consumer credit and maximum rates of interest (a) In general 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. Limitations on consumer credit and maximum rates of interest (a) Application of the Military Lending Act (1) In general Except as provided in paragraph (2), section 987(b) of title 10, United States Code (commonly referred to as the Military Lending Act ), shall apply to a creditor who extends consumer credit to a consumer to the same extent as such section applies to a creditor who extends consumer credit to a covered member or a dependent with respect to a covered member (as those terms are defined in such section 987). (2) Exceptions Paragraph (1) shall not apply to— (A) a residential mortgage; (B) a loan procured in the course of purchasing a car when that loan is offered for the express purpose of financing the purchase and is secured by the car; or (C) a loan made by a Federal credit union, as that term is defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ), subject to the usury limit provided under section 107(5)(A) of the Federal Credit Union Act ( 12 U.S.C. 1757(5)(A) ), as implemented by the National Credit Union Administration Board. (b) No exemptions permitted The exemption authority of the Bureau under section 105(f) shall not apply with respect to this section. (c) Calculation of the annual percentage rate for open-End credit (1) In general For purposes of this section, the annual percentage rate applicable to an open-end credit plan shall be calculated under section 107(a)(2), subject to adjustments to the amount considered a finance charge, as provided in the rules issued by the Secretary of Defense on July 22, 2015, to carry out section 987 of title 10, United States Code. (2) Exception to finance charge calculation (A) In general Notwithstanding paragraph (1), for consumer credit extended in a credit card account under an open-end (not home-secured) consumer credit plan, a bona fide fee other than a periodic rate is not a charge required to be included within the finance charge for purposes of this section if the fee is assessed in compliance with section 127(n). (B) Limitation Subparagraph (A) shall not apply to— (i) any credit insurance premium or fee, including any charge for single premium credit insurance, any fee for a debt cancellation contract, or any fee for a debt suspension agreement; or (ii) any fee for a credit-related ancillary product sold in connection with the credit card account under an open-end (not home-secured) consumer credit plan. (d) 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 under this section. (e) Penalties and remedies Section 987(f) of title 10, United States Code, shall apply to a creditor who extends consumer credit to a consumer in violation of this section to the same extent as such section 987(f) applies to a creditor who extends consumer credit to a covered member or a dependent with respect to a covered member (as those terms are defined in such section 987). (f) Preservation of State enforcement (1) State attorneys general Not later than 3 years after the date on which a violation of this section occurs, the attorney general of a State (or an equivalent official) may bring a civil action in the name of that State— (A) in any district court of the United States that is located in that State or in a State court that is located in that State and that has jurisdiction over the defendant; and (B) to— (i) enforce provisions of this section or rules issued under this section; and (ii) secure remedies under provisions of this section or remedies otherwise provided under other law. (2) State regulators Not later than 3 years after the date on which a violation of this section occurs, a State regulator may bring a civil action or initiate another appropriate proceeding to— (A) enforce the provisions of this section or regulations issued under this section with respect to any entity that is, or is required to be, State-chartered, incorporated, licensed, or otherwise authorized to do business under State law; and (B) secure remedies under provisions of this section or remedies otherwise provided under other provisions of law with respect to an entity described in subparagraph (A). (3) Notice requirement; additional regulations Subsections (b), (c), and (d) of section 1042 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5552 ), shall apply to a civil action or other appropriate proceeding brought or initiated under paragraph (1) or (2) to the same extent as those subsections apply to actions and other administrative and regulatory proceedings described in subsection (a) of such section 1042. (g) Regulations (1) In general Notwithstanding section 1027(o) of the Consumer Financial Protection Act ( 12 U.S.C. 5517(o) ), not later than 1 year after the date of enactment of this section, the Bureau, in consultation with the Secretary of Defense, shall— (A) issue rules carrying out this section; and (B) notify Congress and the public, including on the website of the Bureau, regarding the issuance of the rules required under subparagraph (A). (2) Consistency The rules issued by the Bureau under paragraph (1)— (A) shall be consistent with rules issued by the Secretary of Defense to carry out section 987 of title 10, United States Code; and (B) may not provide lesser protection to consumers than the protection afforded covered members, as that term is defined in section 987 of title 10, United States Code, in applicable provisions in the rules issued by the Secretary of Defense on July 22, 2015, to carry out such section 987. . (b) Clerical amendment The table of contents for chapter 2 of the Truth in Lending Act is amended by adding at the end the following: 140B. Limitations on consumer credit and maximum rates of interest. . (c) Applicability The amendments made by subsection (a) shall apply to an extension of credit made after the earlier of— (1) the date on which the rules issued by the Bureau of Consumer Financial Protection under subsection (g) of section 140B of the Truth in Lending Act, as added by subsection (a) of this section, require compliance; and (2) the date that is 18 months after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2508is/xml/BILLS-117s2508is.xml |
117-s-2509 | II 117th CONGRESS 1st Session S. 2509 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Kaine (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize the New Partnerships Initiative to expand and diversify the partner base of the United States Agency for International Development and to provide more entry points for organizations to work with USAID.
1. Short title This Act may be cited as the New Partnerships Initiative Authorization Act . 2. Definitions In this Act: (1) Local partner (A) In general The term local partner refers to a local entity or a locally established partner of a United States-based nonprofit organization. (B) Local entity The term local entity means a corporation, nonprofit organization, or other body of persons that— (i) is legally organized under the laws of a country receiving assistance from USAID; (ii) has its principal place of business or operations in such country; (iii) is majority-controlled by individuals who are citizens or lawful permanent residents of such country; and (iv) is managed by a governing body, the majority of whom are citizens or lawful permanent residents of such country. (C) Locally established partner The term locally established partner means a United States or international nonprofit organization that— (i) works through locally led operations and programmatic models that have maintained continuous operations in a country receiving assistance from USAID for at least 5 years; and (ii) has materially demonstrated a locally led long-term presence in such country by— (I) registering with the appropriate local authorities; (II) maintaining a dedicated local office; (III) maintaining personnel in such office that consists of at least 50 percent local staff; (IV) maintaining a local bank account; and (V) maintaining a portfolio of locally implemented programs. (D) Majority-controlled The terms majority-controlled , managed by , and locally led include beneficiary interests and the power (either directly or indirectly and whether exercised or exercisable) to control, by any means, the election, appointment, or tenure of the organization’s managers or a majority of the organization’s governing body. (2) New partner The term new partner means a nonprofit organization that has not received funding from USAID as a prime partner during the most recently completed 5-year period. (3) Nonprofit The term nonprofit means any organization that is exempt from the payment of Federal income taxes, including research institutes, faith-based charities, and private nongovernmental groups. (4) Underutilized partner The term underutilized partner means an organization that— (A) is a nonprofit entity, such as a research institute, a faith-based charity, a nongovernmental group, or a government entity; and (B) has received less than $25,000,000 in direct or indirect awards from USAID during the most recently completed 5-year period. (5) USAID The term USAID means the United States Agency for International Development. 3. Purpose The purpose of this Act is to authorize and encourage USAID to use the New Partnerships Initiative to diversify its partner base by reducing barriers to entry for new partners and underutilized partners. 4. New partnerships initiative The USAID Administrator shall implement the New Partnerships Initiative by— (1) simplifying access to USAID resources to make it easier for new, underutilized, and local partners to share their ideas and innovations by diversifying solicitation and award approaches, including— (A) increasing the number of awards to new partners and underutilized partners in all program sectors; (B) using solicitations that lower barriers to entry, including two-step approaches such as first-round expressions of interest under assistance and phased acquisition; (C) using co-creation and other collaborative techniques to design prime and subawards; (D) encouraging the strategic use of subawards, mentoring awards, and facilitative partnerships, grants under contract, and other instruments that develop local capacity, and promote tools and approaches to enable implementation led by local entities and local partners; (E) diversifying award types to be fit for purpose, such as fixed amount awards and fixed amount subawards, and eliminating threshold limitations on fixed amount subawards; (F) measuring progress in achieving the principles and approaches described in this section; (G) simplifying reporting; (H) identifying new sources of funding to sustain partnerships and scale impact; (I) mobilizing partner resources equal to not less than 50 percent of the proposed value of the award, which may include resources from nongovernmental organizations, other donor governments, or individuals; and (J) prioritizing solicitations and awards that contribute matching or leveraged funds; (2) promoting local leadership; and (3) strengthening local capacity so that partner countries gain new knowledge and skills to lead and sustain their own development. 5. Annual report The USAID Administrator shall submit an annual report to Congress that identifies the funding for grants to new, underutilized, and local partners in accordance with the principles set forth in section 4. 6. Authorization of appropriations (a) In general There are authorized to be appropriated for USAID, for each of the fiscal years 2022 through 2026, $250,000,000, which shall be expended through the New Partnerships Initiative for grants to new, underutilized, and local partners in accordance with the principles set forth in section 4. (b) Implementation costs In addition to amounts otherwise available for such purposes, not more than 15 percent of the amounts appropriated pursuant to subsection (a) in any fiscal year may be used for USAID administrative expenses related to the program management, implementation, and oversight of the New Partnerships Initiative. | https://www.govinfo.gov/content/pkg/BILLS-117s2509is/xml/BILLS-117s2509is.xml |
117-s-2510 | II 117th CONGRESS 1st Session S. 2510 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Markey (for himself, Mr. Padilla , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reduce the health risks of heat by establishing the National Integrated Heat Health Information System Program within the National Oceanic and Atmospheric Administration and the National Integrated Heat Health Information System Interagency Committee to improve extreme heat preparedness, planning, and response, requiring a study, and establishing financial assistance programs to address heat effects, and for other purposes.
1. Short title This Act may be cited as the Preventing Health Emergencies And Temperature-related Illness and Deaths Act of 2021 or the Preventing HEAT Illness and Deaths Act of 2021 . 2. Definitions In this Act: (1) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (2) Extreme heat The term extreme heat means heat that exceeds local climatological norms in terms of any combination of the following: (A) Duration. (B) Intensity. (C) Season length. (D) Frequency. (3) Heat The term heat means any combination of the parameters associated with modulating human thermal regulation, such as air temperature, humidity, solar exposure, and wind speed. (4) Heat event The term heat event means an occurrence of extreme heat that may have heat-health implications. (5) Heat-health The term heat-health means health effects to humans from heat, during or outside of heat events, including from vulnerability and exposure, or the risk of such effects. (6) Planning The term planning means activities performed across timescales (including days, weeks, months, years, and decades) with scenario-based, probabilistic or deterministic information to identify and take actions to proactively mitigate heat-health risks from increased frequency, duration, and intensity of heat waves and increased ambient temperature. (7) Preparedness The term preparedness means activities performed across timescales (including days, weeks, months, years, and decades) with probabilistic or deterministic information to manage risk in advance of a heat event and increased ambient temperature. (8) Urban heat island The term urban heat island means the phenomenon observed in urbanized areas in which heat is more extreme than in the surrounding exurban areas and heat is heterogeneously distributed within urbanized areas, due to factors including— (A) low albedo and impervious surfaces; (B) low vegetation coverage; and (C) waste heat produced in urban areas. 3. Findings Congress makes the following findings: (1) Extreme heat events have been the leading cause of weather-related death in the United States over the last 30 years, according to the Centers for Disease Control and Prevention and the National Weather Service. (2) The fourth National Climate Assessment, mandated by the Global Change Research Act of 1990 ( 15 U.S.C. 2921 et seq. ), finds that during the next few decades, annual average temperature over the contiguous United States is projected to increase by a further 2.2°F relative to current temperatures, regardless of future scenarios. The National Climate Assessment projects that the frequency and intensity of extreme heat events will increase in the future as global temperature increases. (3) Exposure to extreme heat can cause acute heat-related illnesses, such as heat stroke, which already result in more than 65,000 emergency room visits each year and exacerbate respiratory and cardiovascular illnesses. (4) Heat poses the greatest health risks for adults older than 65 years of age, pregnant people, young children, low-income communities, urban communities, communities with low air conditioning prevalence, socially isolated individuals, people with mental or physical disabilities, people with underlying medical conditions, agricultural or other outdoor workers, workers without sufficient access to cooling, athletes, incarcerated individuals, people experiencing homelessness, and military personnel. (5) Increasingly common environmental exposures exacerbated by climate change, such as extreme heat, are significantly associated with serious adverse pregnancy outcomes across the United States. Those adverse pregnancy outcomes disproportionately impact Black mothers. (6) Heat exposure is an issue of environmental justice, as people living in low-income communities, communities of color, and Tribal communities face a number of interacting factors that render them more vulnerable to extreme heat. (7) The impacts of heat on human health are more severe in urban areas where land surface properties create an urban heat island, particularly in neighborhoods with limited availability of or access to green spaces, shade, and tree cover, higher density of building structures, and more vehicular traffic. (8) Limited availability of tree cover and higher temperatures are correlated with low-income neighborhoods in urban areas. In Richmond, Virginia, Baltimore, Maryland, and Washington, D.C., researchers found that heat risk is disproportionately distributed to communities of color in patterns associated with segregation and redlining. (9) Researchers have found that few communities in the United States have sufficient climate and health information, guidance, and resources for heat planning, preparedness, and response. (10) The risks associated with extreme heat have complex interactions and impacts, and the management of those risks requires a transdisciplinary approach. (11) Regions, communities, and populations that face the greatest health consequences of extreme heat often may experience the lowest heat risk perceptions, have limited incentives, or have access to the fewest resources for responding to extreme heat, and as such, may be less likely to take precautions. (12) Research on the impacts of extreme heat on human health and the effectiveness of solutions under varying climate, social, and other contexts is stymied by a lack of access to reliable, timely health observations and surveillance due to proprietary data rights, expense, privacy and security concerns, inconsistent reporting of health outcomes and contributory factors, poor data integration and interoperability, few incentives and little systematic coordination to address those problems, and a lack of adequate climate observation, modeling, and assessment in urban, indoor, and occupational settings. (13) Integrated climate and health research and information, when developed in a collaborative, transdisciplinary manner, can inform long- and medium-range scenario-based planning and decision making to protect vulnerable communities and populations from extreme heat, reduce exposure to extreme heat, and address factors that increase vulnerability. (14) Heat action plans and early warning systems can reduce heat-related morbidity and mortality by clearly identifying roles and responsibilities as well as evidence-based actions and thresholds to enhance preparedness, and by promoting behavior changes and actions taken by local governments, communities, and individuals through awareness and increased risk perception among those most vulnerable to the health impacts of heat. 4. National Integrated Heat Health Information System Interagency Committee (a) Establishment of committee There is established within the Office of Science and Technology Policy an interagency committee, to be known as the National Integrated Heat Health Information System Interagency Committee (in this section referred to as the Committee ). (b) Purpose The Committee shall coordinate, plan, and direct agencies represented on the Committee to execute, as appropriate, activities across such agencies to ensure the National Integrated Heat Health Information System Program established by section 5 provides a united Federal approach to reducing health risks from heat across timescales (including days, weeks, months, years, and decades). (c) Membership (1) In general In order to carry out and achieve the purpose described in subsection (b), the Committee shall include the following: (A) The Director of the National Integrated Heat Health Information System Program. (B) Not fewer than 1 representative from each of the following: (i) From the Department of Commerce, the following: (I) From the National Oceanic and Atmospheric Administration, the following: (aa) The National Weather Service. (bb) The Office of Oceanic and Atmospheric Research, including the Climate Program Office. (II) The National Institute of Standards and Technology. (III) The Bureau of the Census. (ii) From the Department of Health and Human Services, the following: (I) The Centers for Disease Control and Prevention, including the National Institute for Occupational Safety and Health. (II) The Office of the Assistant Secretary of Health and Human Services for Preparedness and Response. (III) The Substance Abuse and Mental Health Services Administration. (IV) The National Institutes of Health. (iii) From the Department of the Interior, the following: (I) The Bureau of Indian Affairs. (II) The Bureau of Land Management. (iv) From the Environmental Protection Agency, the following: (I) The Office of Environmental Justice. (II) The Office of Air and Radiation, if the Administrator of the Environmental Protection Agency determines appropriate. (III) The Office of Research and Development, if the Administrator determines appropriate. (v) The Federal Emergency Management Agency. (vi) The Department of Defense. (vii) The Occupational Safety and Health Administration. (viii) The Department of Agriculture. (ix) The Department of Housing and Urban Development. (x) The Department of Transportation. (xi) The Department of Energy. (xii) Such other Federal agencies as the Director of the Office of Science and Technology Policy considers appropriate. (2) Selection of representatives The head of an agency specified in paragraph (1)(B) shall, in appointing representatives of the agency to the Committee, select representatives who have expertise in areas relevant to the responsibilities of the Committee, such as weather and climate prediction, health impacts, environmental justice, behavioral science, public health hazard preparedness and response, or mental health services. (3) Co-chairs (A) In general The members of the Committee shall select 2 individuals from among such members to serve as co-chairs of the Committee, subject to the approval of the Director of the Office of Science and Technology Policy. (B) Selection (i) Initial selection Of the co-chairs first selected, one co-chair shall be from the National Oceanic and Atmospheric Administration and one co-chair shall be from the Centers for Disease Control and Prevention. (ii) Subsequent selection Subsequent co-chairs shall be selected from among the members of the Committee. (C) Terms Each co-chair shall serve for a term of not more than 5 years. (D) Responsibilities of co-chairs The co-chairs of the Committee shall— (i) determine the agenda of the Committee, in consultation with other members of the Committee; (ii) direct the work of the Committee; (iii) convene meetings of the Committee not less frequently than once each fiscal quarter; and (iv) if necessary, establish a coordination office for the Committee within the National Oceanic and Atmospheric Administration. (d) Responsibilities of committee The Committee shall promote an integrated, Federal Government-wide approach to reducing health risks and impacts of heat, including by— (1) developing the strategic plan required by subsection (e); (2) overseeing the study required by section 6(a)(1); (3) coordinating across Federal agencies on heat-health communication, research, service delivery, and workforce development; (4) building capacity and partnerships with Federal and non-Federal entities; and (5) annually preparing a budget for the financial assistance program under section 7 specifying how funds will be awarded by the Director of the National Integrated Heat Health Information System Program in alignment with the strategic plan required by subsection (e)(1) and in coordination with the climate and health research grant program under section 5(d)(2). (e) Strategic plan (1) In general Not later than 2 years after the date of the enactment of this Act, the Committee shall submit to Congress a 5-year integrated strategic plan that outlines the goals and projects of the Committee, including how the Committee will— (A) improve coordination and integration of interagency Federal actions to address health risks of heat; (B) conduct the study required by section 6(a)(1); and (C) oversee the program for providing financial assistance under section 7. (2) Updates Not later than 5 years after the submission of the strategic plan required by paragraph (1), and every 5 years thereafter, the Committee shall submit to Congress an update of the plan, which shall include progress made toward goals outlined in the plan and new priorities that emerge. (3) Public availability The Committee shall make the strategic plan required by paragraph (1) and updates to the plan required by paragraph (2) available to the public on an internet website of the National Oceanic and Atmospheric Administration, with clear visuals indicating progress toward goals. (f) Administrative support The Administrator of the National Oceanic and Atmospheric Administration shall provide technical and administrative support to the Committee, using amounts authorized to be appropriated to the Administration. (g) Consultation In carrying out the responsibilities of the Committee, the Committee shall consult with relevant regional, State, Tribal, and local government agencies, international organizations and partners, research institutions, nongovernmental organizations and associations, and medical experts with expertise in emergency response, environmental health, economic or business development, or community engagement. 5. National Integrated Heat Health Information System Program of the National Oceanic and Atmospheric Administration (a) Establishment There is established within the Office of Oceanic and Atmospheric Research of the National Oceanic and Atmospheric Administration a program, to be known as the National Integrated Heat Health Information System Program . (b) Purpose The purpose of the program established by subsection (a) is to improve the capacity of the United States to plan, prepare for, adapt to, and mitigate health risks of extreme heat across multiple timescales. (c) Director The Program shall be headed by a Director. (d) Responsibilities In carrying out the purpose described in subsection (b), the Director shall carry out the following responsibilities: (1) Implementation plan (A) In general The Director shall implement the strategic plan required by section 4(e)(1) by developing and implementing a multi-year implementation plan. (B) Elements In developing and implementing the implementation plan under subparagraph (A), the Director shall focus on the following: (i) Developing and sustaining robust relationships with climate, public health, environmental justice, and other Federal and non-Federal partners and decisionmakers— (I) to respond to the demand for actionable information that reduces health risks on multiple timescales; and (II) to develop and deliver timely and accessible decision support services, tools, and information to inform planning, preparedness, and risk-reducing actions across timescales. (ii) Coordinating and collaborating with the international community and global partners to conduct research and learn from, leverage, and contribute to global knowledge. (iii) Enhancing observations, surveillance, and monitoring necessary for the activities described in clauses (i) and (ii). (iv) Communicating, educating, and building awareness and capacity to address heat risk across communities, sectors, and timescales. (v) Implementing and executing the grant program under paragraph (2) and the financial assistance program under section (7). (vi) Conducting the study required by section 6(a)(1). (2) Grant program The Director shall develop and implement a climate and health research grant program, in coordination with the financial assistance program under section 7 and other Federal programs— (A) to improve understanding of— (i) the climate epidemiology and social drivers of heat-health vulnerability and risk; (ii) the drivers of climate variability, predictability, and changes in extreme heat; and (iii) the impacts of extreme heat and compound hazards across timescales; (B) to investigate and evaluate the effectiveness of risk management actions, interventions, policies, standards, codes, and guidelines; and (C) to address other topics as appropriate, including topics outlined in the strategic plan required by section 4(e)(1) and relevant to the study required by section 6(a)(1) and the financial assistance program under section 7. (3) Additional activities The Director shall carry out such other activities as the Committee considers appropriate. 6. Study on extreme heat information and response (a) Study (1) In general Not later than 2 years after the date of the enactment of this Act, the Director of the National Integrated Heat Health Information System Program shall, in consultation with the entities described in section 4(g), complete a study on extreme heat information and response. (2) Oversight The National Integrated Heat Health Information System Interagency Committee shall oversee the study required by paragraph (1). (3) Elements The study required by paragraph (1) shall— (A) identify policy and research gaps, which may include— (i) regions of the United States with the largest gaps between awareness, preparedness, and capacity to address extreme heat; and (ii) heat-related gaps in data, such as— (I) the number of schools, prisons, and other public facilities that lack air conditioning; and (II) the demographic breakdown of people affected by heat events, including by race, age, gender, occupation, and income; (B) provide recommendations for addressing gaps with respect to policy, research, operations, communications, and data, including the gaps identified under subparagraph (A), affecting heat-health planning, preparedness, response, resilience, adaptation, and environmental justice and equity; (C) provide such other recommendations as the Director considers appropriate, which may include strategies for— (i) communicating warnings to and promoting resilience of populations vulnerable to extreme heat; (ii) effectively distributing extreme heat warnings, including to individuals with limited English proficiency and individuals who are socially isolated or have other established barriers to such information; (iii) designing warnings described in clause (ii) to convey the urgency and severity of heat events and achieve behavior changes that reduce the mortality and morbidity of extreme heat effects, without creating warning fatigue or confusion with other types of weather disaster warnings; (iv) understanding compound and cascading risks, and implementing alternative heat-health risk reduction interventions to manage those risks collectively, such as reducing risk of the transmission of infectious diseases during heat waves by creating outdoor cooling locations or increasing ventilation and filtration in indoor cooling centers; (v) promoting community resilience to heat events and incorporating principles of environmental justice in community response to heat waves; (vi) addressing the impacts of extreme heat on energy cost and availability; and (vii) establishing labor and other standards for workers and heat; and (D) consider such other subjects as the Committee considers appropriate, which may include— (i) the feasibility of enhancing existing nationwide data collection on heat-related illnesses and mortalities to improve and ensure consistent collection of national-level heat illness data across all 50 States, territories, and local jurisdictions of the United States; (ii) mechanisms for financing heat preparedness; and (iii) the effectiveness of county- or local-level heat awareness and communication tools, preparedness plans, or mitigation. (4) Development of definitions In conducting the study required by paragraph (1), the Director shall work with heat and health experts to identify consistent and agreed upon definitions for heat events, heat waves, and other relevant terms. (b) Report Not later than 90 days after completing the study required by subsection (a)(1), the Committee shall— (1) make available to the public on an internet website of the National Oceanic and Atmospheric Administration a report on the findings and conclusions of the study; and (2) submit the report to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and Labor of the House of Representatives. 7. Financial assistance for resilience in addressing extreme heat and health risks (a) In general (1) Establishment Not later than 1 year after the date of the enactment of this Act, the Director of the National Integrated Heat Health Information System Program may, in coordination with the National Integrated Heat Health Information System Interagency Committee, establish and administer a community heat resilience program to provide financial assistance to eligible entities to carry out projects described in subsection (e) to ameliorate human health impacts of extreme heat events. (2) Revision Upon completion of the strategic plan required by section 4(e)(1), the Committee may revise the community heat resilience program to ensure the program aligns with the strategic plan and is administered in accordance with the plan. (b) Purpose The purpose of the financial assistance provided under this section is to improve community resilience to heat and heat-health impacts and further scientific research to address adaptation gaps and priorities. (c) Forms of assistance Financial assistance provided under this section may be in the form of contracts, grants, or cooperative agreements. (d) Eligible entities Entities eligible to receive financial assistance under this section to carry out projects described in subsection (e) include— (1) nonprofit entities; (2) States; (3) Tribes; (4) local governments; and (5) such other entities as the Director determines to be eligible. (e) Eligible projects Projects described in this subsection include the following: (1) Projects for cool roofs, cool pavements, urban forestry or tree plantings and maintenance, the provision of shade, cooling centers, retrofitting buildings for cooling, and acquisitions or upgrades of filtration systems or high-efficiency air conditioning systems. (2) Training programs to support the development and integration of education and training programs for identifying and addressing risks associated with climate change for vulnerable individuals. (3) Projects— (A) to expand public awareness of heat risks; (B) to communicate risks and warnings to geographically, socially, and linguistically isolated communities; (C) to educate such communities about how to respond to extreme heat events; and (D) to further scientific research regarding extreme heat events. (4) Other projects that the Director determines will achieve a significant reduction in heat exposure or increased resilience to extreme heat events. (f) Priorities In selecting eligible entities to receive financial assistance under this section, the Director shall prioritize entities that will carry out projects that provide benefits for historically disadvantaged communities and communities with significant heat disparities associated with race, ethnicity, or income. (g) Distribution of assistance (1) Environmental justice and low-income communities Not less than 40 percent of the amount of financial assistance provided under this section in any fiscal year shall be provided to eligible entities to implement projects described in subsection (e) in environmental justice communities or low-income communities. (2) Equitable distribution The Director shall seek to equitably distribute financial assistance provided under this section based on geographic location or such other factors as the Director determines appropriate. (h) Matching requirement (1) In general An entity that receives financial assistance to carry out a project under this section shall contribute, from non-Federal sources, funds for the project in such amount as the Director determines appropriate. (2) Waiver The Director may waive the requirement under paragraph (1) for an entity if the Director determines that the entity does not have adequate resources to meet the requirement. (i) Reports The Committee shall require the Director to submit to the Committee, on an annual basis, a report on actions, outcomes, research needs, and data gaps under this section. 8. Authorization of appropriations (a) National Integrated Heat Health Information System Interagency Committee; National Integrated Heat Health Information System Program; study on extreme heat information and response There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out sections 4, 5, and 6, including for any administrative costs for the National Integrated Heat Health Information System Interagency Committee and the National Integrated Heat Health Information System Program, the following: (1) For fiscal year 2022, $20,000,000. (2) For fiscal year 2023, $20,000,000. (3) For fiscal year 2024, $20,000,000. (4) For fiscal year 2025, $20,000,000. (5) For fiscal year 2026, $20,000,000. (b) Financial assistance for resilience in addressing extreme heat and health risks There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out section 7 the following: (1) For fiscal year 2022, $10,000,000. (2) For fiscal year 2023, $10,000,000. (3) For fiscal year 2024, $20,000,000. (4) For fiscal year 2025, $30,000,000. (5) For fiscal year 2026, $30,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s2510is/xml/BILLS-117s2510is.xml |
117-s-2511 | II 117th CONGRESS 1st Session S. 2511 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Stabenow (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an investment credit for the conversion of office buildings into other uses.
1. Short title This Act may be cited as the Revitalizing Downtowns Act . 2. Credit for qualified office conversion (a) In general Section 46 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) the qualified office conversion credit. . (b) Amount of credit Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: 48D. Qualified office conversion credit (a) In general For purposes of section 46, the qualified office conversion credit for any taxable year is equal to 20 percent of the qualified conversion expenditures with respect to a qualified converted building. (b) When expenditures taken into account (1) In general Qualified conversion expenditures with respect to any qualified converted building shall be taken into account for the taxable year in which such qualified converted building is placed in service. (2) Coordination with subsection (d) The amount which would (but for this subparagraph) be taken into account under subparagraph (A) with respect to any qualified converted building shall be reduced (but not below zero) by any amount of qualified conversion expenditures taken into account under subsection (d) by the taxpayer or a predecessor of the taxpayer (or, in the case of a sale and leaseback described in section 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has not been required to be recaptured under section 50(a). (c) Definitions (1) Qualified converted building (A) In general The term qualified converted building means any building (and its structural components) if— (i) prior to conversion, such building was nonresidential real property (as defined in section 168) which was leased, or available for lease, to office tenants, (ii) such building has been substantially converted from an office use to a residential, retail, or other commercial use, (iii) in the case of conversion to a residential use, such converted building meets the requirements of subparagraph (D), (iv) such building was initially placed in service at least 25 years before the beginning of the conversion, and (v) depreciation (or amortization in lieu of depreciation) is allowable with respect to such building. (B) Substantially converted defined (i) In general For purposes of paragraph (1)(A)(ii), a building shall be treated as having been substantially converted only if the qualified conversion expenditures during the 24-month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year exceed the greater of— (I) the adjusted basis of such building (and its structural components), or (II) $15,000. The adjusted basis of the building (and its structural components) shall be determined as of the beginning of the 1st day of such 24-month period, or of the holding period of the building, whichever is later. For purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the conversion. (ii) Special rule for phased conversion In the case of any conversion which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the conversion begins, clause (i) shall be applied by substituting 60-month period for 24-month period . (iii) Lessees The Secretary shall prescribe by regulation rules for applying this subparagraph to lessees. (C) Reconstruction Conversion includes reconstruction. (D) Residential conversion requirements (i) In general A building meets the requirements of this subparagraph if— (I) 20 percent or more of the residential units are both rent-restricted and occupied by individuals whose income is 80 percent or less of area median gross income, or (II) such building is subject to a written binding State or local agreement with respect to the provision or financing of affordable housing and such agreement is documented in such form and manner as the Secretary may provide. (ii) Rent and income limitation For purposes of this subparagraph, rules similar to the rules of subsection (g) of section 42 shall apply to determine whether a unit is rent-restricted, treatment of units occupied by individuals whose incomes rise above the limit, and the treatment of units where Federal rental assistance is reduced as tenant’s income increases. (2) Qualified conversion expenditures defined (A) In general For purposes of subsection (a), the term qualified conversion expenditures means any amount properly chargeable to capital account— (i) for property for which depreciation is allowable under section 168 and which is— (I) nonresidential real property (as defined in section 168), (II) residential rental property (as defined in section 168), or (III) an addition or improvement to property described in clause (i) or (ii), and (ii) in connection with the conversion of a qualified converted building. (B) Certain expenditures not included The term qualified conversion expenditures does not include— (i) Straight line depreciation must be used Any expenditure with respect to which the taxpayer does not use the straight line method over a recovery period determined under subsection (c) or (g) of section 168. The preceding sentence shall not apply to any expenditure to the extent the alternative depreciation system of section 168(g) applies to such expenditure by reason of subparagraph (B) or (C) of section 168(g)(1). (ii) Cost of acquisition The cost of acquiring any building or interest therein. (iii) Enlargements Any expenditure attributable to the enlargement of an existing building. (iv) Tax-exempt use property Any expenditure in connection with the conversion of a building which is allocable to the portion of such property which is (or may reasonably be expected to be) tax-exempt use property (within the meaning of section 168(h)), except that— (I) 50 percent shall be substituted for 35 percent in paragraph (1)(B)(iii) thereof, and (II) an eligible educational institution (as defined in section 529(e)(5)) shall not be treated as a tax-exempt entity. This clause shall not apply for purposes of determining whether a building has been substantially converted. (v) Expenditures of lessee Any expenditure of a lessee of a building if, on the date the conversion is completed, the remaining term of the lease (determined without regard to any renewal periods) is less than the recovery period determined under section 168(c). (d) Progress expenditures (1) In general In the case of any building to which this subsection applies, except as provided in paragraph (3)— (A) if such building is self-converted property, any qualified conversion expenditure with respect to such building shall be taken into account for the taxable year for which such expenditure is properly chargeable to capital account with respect to such building, and (B) if such building is not self-converted property, any qualified conversion expenditure with respect to such building shall be taken into account for the taxable year in which paid. (2) Property to which subsection applies (A) In general This subsection shall apply to any building which is being converted by or for the taxpayer if— (i) the normal conversion period for such building is 2 years or more, and (ii) it is reasonable to expect that such building will be a qualified converted building in the hands of the taxpayer when it is placed in service. Clauses (i) and (ii) shall be applied on the basis of facts known as of the close of the taxable year of the taxpayer in which the conversion begins (or, if later, at the close of the first taxable year to which an election under this subsection applies). (B) Normal conversion period For purposes of subparagraph (A), the term normal conversion period means the period reasonably expected to be required for the conversion of the building— (i) beginning with the date on which physical work on the conversion begins (or, if later, the first day of the first taxable year to which an election under this subsection applies), and (ii) ending on the date on which it is expected that the property will be available for placing in service. (3) Special rules for applying paragraph (1) For purposes of paragraph (1)— (A) Component parts, etc Property which is to be a component part of, or is otherwise to be included in, any building to which this subsection applies shall be taken into account— (i) at a time not earlier than the time at which it becomes irrevocably devoted to use in the building, and (ii) as if (at the time referred to in clause (i)) the taxpayer had expended an amount equal to that portion of the cost to the taxpayer of such component or other property which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such building. (B) Certain borrowing disregarded Any amount borrowed directly or indirectly by the taxpayer from the person converting the property for him shall not be treated as an amount expended for such conversion. (C) Limitation for buildings which are not self-converted (i) In general In the case of a building which is not self-converted, the amount taken into account under paragraph (1)(B) for any taxable year shall not exceed the amount which represents the portion of the overall cost to the taxpayer of the conversion which is properly attributable to the portion of the conversion which is completed during such taxable year. (ii) Carryover of certain amounts In the case of a building which is not a self-converted building, if for the taxable year— (I) the amount which (but for clause (i)) would have been taken into account under paragraph (1)(B) exceeds the limitation of clause (i), then the amount of such excess shall be taken into account under paragraph (1)(B) for the succeeding taxable year, or (II) the limitation of clause (i) exceeds the amount taken into account under paragraph (1)(B), then the amount of such excess shall increase the limitation of clause (i) for the succeeding taxable year. (D) Determination of percentage of completion The determination under subparagraph (C)(i) of the portion of the overall cost to the taxpayer of the conversion which is properly attributable to conversion completed during any taxable year shall be made, under regulations prescribed by the Secretary, on the basis of engineering or architectural estimates or on the basis of cost accounting records. Unless the taxpayer establishes otherwise by clear and convincing evidence, the conversion shall be deemed to be completed not more rapidly than ratably over the normal conversion period. (E) No progress expenditures for certain prior periods No qualified conversion expenditures shall be taken into account under this subsection for any period before the first day of the first taxable year to which an election under this subsection applies. (F) No progress expenditures for property for year it is placed in service, etc In the case of any building, no qualified conversion expenditures shall be taken into account under this subsection for the earlier of— (i) the taxable year in which the building is placed in service, or (ii) the first taxable year for which recapture is required under section 50(a)(2) with respect to such property, or for any taxable year thereafter. (4) Self-converted building For purposes of this subsection, the term self-converted building means any building if it is reasonable to believe that more than half of the qualified conversion expenditures for such building will be made directly by the taxpayer. (5) Election This subsection shall apply to any taxpayer only if such taxpayer has made an election under this paragraph. Such an election shall apply to the taxable year for which made and all subsequent taxable years. Such an election, once made, may be revoked only with the consent of the Secretary. (e) Denial of double benefit A credit shall not be allowed under this section for any qualified conversion expenditure for which a credit is allowed under section 42 or 47. . (c) Conforming amendments (1) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding after clause (v) the following new clause: (vi) the portion of the basis of any qualified converted property attributable to qualified conversion expenditures under section 48D. . (2) Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(d) . (3) Section 50(b)(2) of such Code is amended by striking and at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ; and , and by adding after subparagraph (D) the following new subparagraph: (E) a qualified converted building to the extent of that portion of the basis which is attributable to qualified conversion expenditures. . (4) Section 50(b)(3) is amended by inserting , or, solely with respect to the qualified office conversion credit, an eligible educational institution (as defined in section 529(e)(5)) after section 521 . (5) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: Sec. 48D. Qualified office conversion credit. . (d) Effective date The amendments made by this section shall apply to qualified conversion expenditures incurred after the date of enactment in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s2511is/xml/BILLS-117s2511is.xml |
117-s-2512 | II 117th CONGRESS 1st Session S. 2512 IN THE SENATE OF THE UNITED STATES July 28, 2021 Mr. Murphy (for himself, Mr. Markey , Mr. Durbin , Ms. Cortez Masto , Ms. Hirono , Ms. Klobuchar , Ms. Duckworth , Mr. Blumenthal , Mr. Wyden , Mr. Casey , Mrs. Feinstein , Mr. Merkley , Mr. Leahy , Ms. Baldwin , Mr. Booker , Mr. Menendez , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for a code of conduct for justices and judges of the courts of the United States.
1. Short title This Act may be cited as the Supreme Court Ethics Act . 2. Code of conduct (a) In general Chapter 57 of title 28, United States Code, is amended by adding at the end the following: 964. Code of conduct Not later than 1 year after the date of the enactment of this section, the Judicial Conference of the United States shall issue a code of conduct, which applies to each justice and judge of the courts of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices. . (b) Technical and conforming amendment The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following: 964. Code of conduct. . | https://www.govinfo.gov/content/pkg/BILLS-117s2512is/xml/BILLS-117s2512is.xml |
117-s-2513 | II 117th CONGRESS 1st Session S. 2513 IN THE SENATE OF THE UNITED STATES July 28, 2021 Ms. Cortez Masto (for herself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the application and review process of the Department of Veterans Affairs for clothing allowance claims submitted by veterans, and for other purposes.
1. Short title This Act may be cited as the Brian Neuman Department of Veterans Affairs Clothing Allowance Improvement Act of 2021 . 2. Improvements to process of the Department of Veterans Affairs for clothing allowance claims (a) Process for clothing allowance claims Section 1162 of title 38, United States Code, is amended— (1) by striking The Secretary under and inserting: (a) Eligibility requirements The Secretary, under ; (2) in paragraph (2)— (A) by striking which (A) a physician and inserting: which— (A) a physician ; and (B) by striking , and (B) the Secretary and inserting the following: “; and (B) the Secretary ; and (3) by adding at the end the following new subsections: (b) Continuous nature of payments Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following: (1) The date on which the veteran elects to no longer receive such payments. (2) The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (d). (c) Reviews of claim (1) Except as provided in paragraph (2)(B), the Secretary shall conduct reviews of a claim on which a clothing allowance for a veteran is based to determine the continued eligibility of the veteran as follows: (A) Beginning not earlier than five years after the date on which the veteran initially receives a clothing allowance under this section and on a periodic basis thereafter. (B) Whenever the Secretary receives notice that the veteran no longer meets the requirements specified in subsection (a). (2) (A) The Secretary shall prescribe in regulations standards for determining whether a claim for clothing allowance is based on a circumstance that is not subject to change. (B) If the Secretary determines, pursuant to standards prescribed under subparagraph (A), that a claim for clothing allowance is based on a circumstance that is not subject to change, paragraph (1)(A) shall not apply with respect to the claim. (d) Determination regarding continued eligibility If the Secretary determines, as the result of a review of a claim conducted under subsection (c)(1), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall— (1) provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and (2) discontinue the clothing allowance based on such claim. . (b) Applicability The amendments made by subsection (a) shall apply with respect to— (1) claims for clothing allowance submitted on or after the date of the enactment of this Act; and (2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2513is/xml/BILLS-117s2513is.xml |
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