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117-s-2614 | II 117th CONGRESS 1st Session S. 2614 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Portman (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the modernization of electronic case management systems, and for other purposes.
1. Short title This Act may be cited as the Open Courts Act of 2021 . 2. Modernization of electronic court records systems (a) Consolidation Not later than the date specified in subsection (e), the Director of the Administrative Office of the United States Courts, in coordination with the Administrator of General Services, shall develop, deliver, and sustain, consistent with the requirements of this section and section 3, one system for all public court records. (b) Requirements of system The system described under subsection (a) shall comply with the following requirements: (1) The system shall provide search functions, developed in coordination with the Administrator of General Services, for use by the public and by parties before the court. (2) The system shall make public court records automatically accessible to the public upon filing. (3) Any information made available through a website established pursuant to section 205 of the E–Government Act of 2002 shall be included in the system. (4) Any website for the system shall substantially comply with the requirements under subsections (b) and (c) of section 205 of the E–Government Act of 2002. (5) To the extent practicable, external websites shall be able to link to documents on the system. Each website established pursuant to section 205 of the E–Government Act of 2002 shall contain a link to the system. (6) To the extent practicable, the system shall enable courts to automatically generate and submit, in a computer-readable format, the reports required by sections 2519(1) and 3103a(d)(1) of title 18, United States Code. (c) Data standards (1) Establishment of data standards The Director of the Administrative Office of the United States Courts, in coordination with the Administrator of General Services and the Archivist of the United States, shall establish data standards for the system established under subsection (a). (2) Requirements The data standards established under paragraph (1) shall, to the extent reasonable and practicable— (A) incorporate widely accepted common data elements; (B) incorporate a widely accepted, nonproprietary, full text searchable, platform-independent computer-readable format; and (C) be capable of being continually upgraded as necessary. (3) Deadlines Not later than 6 months after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall issue guidance to all Federal courts on the data standards established under this section. (d) Use of technology In carrying out the duties under subsection (a), the Director shall use modern technology in order— (1) to improve security, data accessibility, data quality, affordability, and performance; and (2) to minimize the burden on pro se litigants. (e) Date specified The date specified in this subsection is the date that is 2 years after the date of the enactment of this Act, unless the Administrator of General Services certifies to Congress, by not later than 90 days after such date of enactment, that an additional period of time is required. If the Administrator so certifies, the date specified in this subsection is the date that is 3 years after the date of enactment of this Act. (f) Funds for establishment, operation, and maintenance of modernized court records system (1) Short term access fees to fund establishment of modernized court records system (A) In general Section 303 of the Judiciary Appropriations Act, 1992 (title III of Public Law 102–140 ; 105 Stat. 807) ( 28 U.S.C. 1913 note) is amended— (i) in subsection (a), by inserting The Judicial Conference shall prescribe a schedule of additional fees for any person other than a government agency who accrues such fees for access in an amount of $25,000 or greater in any quarter. All fees collected shall be deposited as offsetting collections to the Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) of title 28, United States Code, to reimburse expenses incurred in carrying out section 2 of the Open Courts Act of 2021 . before The Director of the Administrative Office of the United States Courts ; and (ii) in subsection (b), by striking All fees hereafter and inserting Except as otherwise provided in this section, all fees hereafter . (B) Excess fees Amounts deposited in the Judiciary Information Technology Fund pursuant to the amendments made by subparagraph (A) and not used to reimburse expenses incurred in carrying out section 2 of this Act may be used pursuant to section 612(a) of title 28, United States Code. (C) Effective date The amendment made by subparagraph (A) shall take effect on the date of enactment of this Act. (2) Filing fees to fund operation and maintenance of modernized court records system (A) In general Section 303 of the Judiciary Appropriations Act, 1992 (title III of Public Law 102–140 ; 105 Stat. 807) ( 28 U.S.C. 1913 note) is amended by striking subsections (a) and (b), and inserting the following: (a) To cover the costs of carrying out section 2 of the Open Courts Act of 2021 , the Judicial Conference may, only to the extent necessary, prescribe schedules of reasonable filing fees, pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, which— (1) shall be based on the extent of use of the system described under such section 2 for purposes of such action; (2) shall in addition be based on factors including the nature of the action and claim for relief, the amount of damages demanded, the estimated complexity of the type of action, and the interests of justice; (3) may be prescribed for the filing of a counterclaim; (4) shall not apply in the case of a pro se litigant or litigant who certifies their financial hardship; and (5) shall not be a basis for denying access to the courts of the United States. (b) The Judicial Conference and the Director shall transmit each schedule of fees prescribed under subsection (a) to Congress at least 90 days before the schedule becomes effective. All fees collected under subsection (a) shall be deposited as offsetting collections to the Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) of title 28, United States Code, to reimburse expenses incurred in carrying out section 2 of the Open Courts Act of 2021 . (c) The Judicial Conference shall review a schedule of fees prescribed under subsection (a) three years after it becomes effective and every three years thereafter to ensure that the fees meet the requirements of this section. If the fees do not meet the requirements of this section, the Judicial Conference shall prescribe a new schedule of fees pursuant to subsection (a) and submit the new schedule of fees to Congress pursuant to subsection (b). (d) Amounts deposited to the Judiciary Information Technology Fund pursuant to this section and not used to reimburse expenses incurred in carrying out section 2 of the Open Courts Act of 2021 may be used pursuant to section 612(a) of title 28, United States Code. . (B) Effective date The amendment made by subparagraph (A) shall take effect on the date specified in subsection (e). 3. Public access to electronic court records system requirement (a) In general Not later than the date specified in subsection (d), the Director of the Administrative Office of the United States Courts, in coordination with the Administrator of General Services, shall make all materials in the system established under section 2 publicly accessible, free of charge. (b) Use of technology In providing public access under subsection (a), the Director shall, in coordination with the Administrator of General Services, use modern technology in order— (1) to improve security, data accessibility, ease of public access, affordability, and performance; and (2) to minimize the burden on pro se litigants. (c) Date specified The date specified in this subsection is the date that is 2 years after the date of the enactment of this Act, unless the Administrator of General Services certifies to Congress, by not later than 90 days after such date of enactment, that an additional period of time is required. If the Administrator so certifies, the date specified in this subsection is the date that is 3 years after the date of enactment of this Act. (d) Funding for public access to modernized electronic court records system (1) In general Section 303 of the Judiciary Appropriations Act, 1992 (title III of Public Law 102–140 ; 105 Stat. 807) ( 28 U.S.C. 1913 note) is amended by adding at the end the following: (c) (1) To cover the costs of ensuring the public accessibility, free of charge, of all materials in the system described under sections 2 and 3 of the Open Courts Act of 2021 in accordance with section 3 of such Act, the Judicial Conference shall collect an annual fee from Federal agencies equal to the Public Access to Court Electronic Records access fees paid by those agencies in 2018, as adjusted for inflation. All fees collected under this subsection shall be deposited as offsetting collections to the Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) of title 28, United States Code, to reimburse expenses incurred in providing services in accordance with section 3 of the Open Courts Act of 2021 . (2) To cover any additional marginal costs of ensuring the public accessibility, free of charge, of all materials in the system described under sections 2 and 3 of the Open Courts Act of 2021 in accordance with section 3 of such Act, the Judicial Conference may prescribe schedules of reasonable filing fees, pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code. The schedules— (A) shall be based on the extent of use of the system described under such section 2; (B) shall, in addition, be based on factors including the nature of the type of action and claim for relief, the amount of damages demanded, the estimated complexity of the type of action, and the interests of justice; (C) may be prescribed for the filing of a counterclaim; (D) shall not apply to a pro se litigant or a litigant who certifies their financial hardship; and (E) shall not be a basis for denying access to the courts of the United States. (3) (A) The Judicial Conference and the Director shall transmit each schedule of fees prescribed under this subsection to Congress at least 90 days before the schedule becomes effective. All fees collected under this subsection shall be deposited as offsetting collections to the Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) of title 28, United States Code, to reimburse expenses incurred in providing services in accordance with section 3 of the Open Courts Act of 2021 . (B) The Judicial Conference shall review a schedule of fees prescribed under this paragraph three years after it becomes effective and every three years thereafter to ensure that the fees meet the requirements of this paragraph. If the fees do not meet the requirements of this paragraph, the Judicial Conference shall prescribe a new schedule of fees pursuant to this paragraph and submit the new schedule of fees to Congress pursuant to subparagraph (A). (C) Amounts deposited to the Judiciary Information Technology Fund pursuant to this subsection and not used to reimburse expenses incurred in carrying out section 3 of the Open Courts Act of 2021 may be used to reimburse expenses incurred in carrying out section 2 of the Open Courts Act of 2021 . Amounts not used to reimburse expenses incurred in carrying out section 2 of the Open Courts Act of 2021 may be used pursuant to section 612(a) of title 28, United States Code. . (2) Effective date The amendment made by paragraph (1) shall take effect beginning on the date specified in subsection (d). 4. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to— (1) affect the filing fees or other filing procedures for prisoners; or (2) abrogate, limit, or modify the requirements described in section 1915 of title 28, United States Code. 5. Digital accessibility standards The system described under sections 2 and 3 of this Act or the amendments made by such sections shall comply with relevant digital accessibility standards established pursuant to section 508 of the Rehabilitation Act of 1973. 6. GAO review (a) In general Not later than 180 days after the date of enactment of this Act, and quarterly thereafter, the Comptroller General of the United States shall notify Congress whether the Director of the Administrative Office of United States Courts has— (1) produced additional usable functionality of the system described under sections 2 and 3 of this Act; (2) held live, publicly accessible demonstrations of software in development; and (3) allowed the Comptroller General or a designee to attend all sprint reviews held during the applicable period. (b) Audit Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall— (1) conduct an audit of the system established under this Act, including the compliance of vendors with the quality assessment surveillance plan, code quality, and whether the system is meeting the needs of users; and (2) shall submit to Congress a report that contains— (A) the results of the audit required under paragraph (1); and (B) any recommendations to improve the system established under this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2614is/xml/BILLS-117s2614is.xml |
117-s-2615 | II 117th CONGRESS 1st Session S. 2615 IN THE SENATE OF THE UNITED STATES August 4, 2021 Mr. Ossoff (for himself, Mr. King , Mr. Padilla , Ms. Klobuchar , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL Protecting the right to vote in elections for Federal office, and for other purposes.
1. Short title This Act may be cited as the Right to Vote Act . 2. Undue burdens on the ability to vote in elections for Federal office prohibited (a) In general Every citizen of legal voting age shall have the fundamental right to vote in elections for Federal office. (b) Retrogression A government may not diminish the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest. (c) Substantial impairment A government may not substantially impair the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the impairment significantly furthers an important, particularized governmental interest. A substantial impairment is a non-trivial impairment that makes it more difficult to vote than if the law, rule, standard, practice, procedure, or other governmental action had not been adopted or implemented. An impairment may be substantial even if the voter or other similarly situated voters are able to vote notwithstanding the impairment. 3. Judicial review (a) Civil action An action challenging a violation of the rights created by this Act may be brought in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found. (b) Standards To be applied Courts adjudicating actions brought to enforce the rights created by this Act shall apply the following standards: (1) Retrogression (A) A plaintiff establishes a prima facie case of retrogression by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote. (B) Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest. (C) If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particular important governmental interest. (2) Substantial Impairment (A) A plaintiff establishes a prima facie case of substantial impairment by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action substantially impairs the ability, or makes it substantially difficult, to vote. (B) Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest. (c) Duty To expedite It shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section. (d) Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended— (1) by striking or section 40302 and inserting section 40302 ; and (2) by striking , the court and inserting , or the Right to Vote Act , the court . 4. Definitions In this Act— (1) the term covered entity means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; (2) the terms election and Federal office have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ); (3) the term government includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, of any State, of any covered entity, or of any political subdivision of any state or covered entity; and (4) the term vote means all actions necessary to make a vote effective, including registration or other action required by law as a prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office for which votes are received in an election. 5. Rules of construction (a) Burdens not authorized Nothing in this Act may be construed to authorize a government to burden the right to vote in elections for Federal office. (b) Other rights and remedies Nothing in this Act shall be construed as indicating an intent on the part of Congress to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law. (c) Other provision Nothing in this Act shall be construed as conflicting with section 1403 (“Rights of Citizens”) of H.R. 1 of the 117th Congress as passed by the House of Representatives on March 3, 2021. 6. Severability If any provision of this Act or the application of such provision to any citizen or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any citizen or circumstance shall not be affected thereby. 7. Effective dates (a) Retrogression Subsection (b) of section 2 shall apply to any law, rule, standard, practice, procedure, or other governmental action that was not in effect during the November 2020 Federal election but that will be in effect with respect to elections for Federal office occurring on or after January 1, 2022, even if such law, rule, standard, practice, procedure, or other governmental action is already in effect at the time this Act is enacted. (b) Substantial impairment Subsection (c) of section 2 shall apply to any law, rule, standard, practice, procedure, or other governmental action in effect with respect to elections for Federal office occurring on or after January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2615is/xml/BILLS-117s2615is.xml |
117-s-2616 | II 117th CONGRESS 1st Session S. 2616 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Menendez (for himself, Ms. Cortez Masto , Mr. Van Hollen , Mr. Wyden , Mr. Reed , Mrs. Gillibrand , Mr. Padilla , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To create livable communities through coordinated public investment and streamlined requirements, and for other purposes.
1. Short title This Act may be cited as the Livable Communities Act of 2021 . 2. Findings Congress finds that— (1) key Federal programs can boost economic growth at the local and regional level through better coordination of housing, transportation, and related infrastructure investments; (2) Federal regulations and policies should support community efforts to implement and sustain progress toward the achievement of locally-defined development goals, in terms of— (A) geographic location and proximity to existing resources; (B) developing transportation choices that serve the needs of all users and fit within the context of the community; (C) maintaining structural and indoor environmental quality and minimizing health hazards; and (D) ensuring that minority and low-income communities have greater access to existing and future transportation services and healthy and affordable housing resources; (3) greater coordination of public investment will provide direct support for immediate job creation and lay the groundwork for long-term resilience and prosperity by leveraging significant private sector and philanthropic investment to make the most of Federal funding; and (4) improved coordination of Federal housing, transportation, water infrastructure, and climate and resiliency investments will strengthen local communities’ ability to plan for and respond to the effects of climate change. 3. Purposes The purposes of this Act are— (1) to strengthen rural, suburban, and urban economies by enabling communities to establish goals for the future and to chart a course for achieving such goals; (2) to promote local leadership by encouraging communities to develop innovative solutions that reflect the unique economic assets and needs of the communities; (3) to maximize returns on Federal funding of housing, transportation, and environmental infrastructure and resiliency projects through the coordination of Federal grant programs and improving the efficiency and effectiveness of programs and policies of the Department of Housing and Urban Development, the Department of Transportation, the Environmental Protection Agency, and other Federal agencies, as appropriate; (4) to ensure that Federal funding supports locally defined long range development goals; (5) to make investments in housing, transportation, environmental, and resiliency projects in and for the benefit of historically disadvantaged or underserved minority and low-income communities; (6) to support a Federal initiative to support healthy housing and reduce the prevalence and severity of housing-related health hazards; and (7) to support the efforts of local communities to address the impact of climate change, including increased resilience to extreme weather events. 4. Definitions In this Act, the following definitions shall apply: (1) Affordable housing The term affordable housing means housing, the cost of which does not exceed 30 percent of the income of low-, very low-, and extremely low-income families. (2) Comprehensive regional plan The term comprehensive regional plan means a plan that— (A) uses a cooperative, locally controlled, and inclusive public engagement process to identify needs and goals across a region and to integrate related planning processes; (B) prioritizes projects for implementation, including healthy housing projects; and (C) is tied to capital improvement programs and annual budgets. (3) Department The term Department means the Department of Housing and Urban Development. (4) Director The term Director means the Director of the Office of Sustainable Housing and Communities established under section 5. (5) Extremely low-income family The term extremely low-income family has the meaning given that term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (6) Healthy housing The term healthy housing means housing, including senior housing and residential care facilities, that is designed, constructed, rehabilitated, and maintained in a manner that supports the health of the occupants of the housing. (7) High-poverty community The term high-poverty community means a census tract with a poverty rate of not less than 25 percent, according to the most recent 5-year estimate of the American Community Survey of the Bureau of the Census. (8) Housing-related health hazard The term housing-related health hazard means any biological, physical, or chemical source of exposure or condition in, or immediately adjacent to, housing that could adversely affect human health. (9) Indian tribe The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ). (10) Livable community The term livable community means a metropolitan, urban, suburban, or rural community that— (A) provides transportation choices that are safe, reliable, affordable, accessible, and accommodative for individuals with disabilities; (B) provides long-term affordable housing that provides accessible, energy-efficient, and location-efficient choices for people of all ages, incomes, races, and ethnicities; (C) supports, revitalizes, and encourages the growth of existing communities and maximizes the cost-effectiveness of existing infrastructure; (D) promotes economic development and economic competitiveness; (E) preserves the environment and natural resources and increases community resilience to natural or anthropogenic environmental disasters; (F) protects agricultural land, rural land, and green spaces; and (G) supports public health and improves the quality of life for residents of, and workers in, the community. (11) Location-efficient The term location-efficient characterizes mixed-use development or neighborhoods that integrate housing, transportation choices, commercial development, and facilities and amenities— (A) to lower living expenses for working families; (B) to enhance economic and physical mobility; (C) to encourage private investment in transit-oriented development; and (D) to encourage private sector infill development and maximize the use of existing infrastructure. (12) Long-term affordable housing The term long-term affordable housing means housing that is affordable housing for a period of not less than 30 years. (13) Low-income family The term low-income family has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (14) Metropolitan planning organization The term metropolitan planning organization means a metropolitan planning organization described in section 134(b) of title 23, United States Code or section 5303(b) of title 49, United States Code. (15) Office The term Office means the Office of Sustainable Housing and Communities established under section 5. (16) Regional council The term regional council means a multiservice regional organization with State and locally defined boundaries that is— (A) accountable to units of general local government; (B) delivers a variety of Federal, State, and local programs; and (C) performs planning functions and provides professional and technical assistance. (17) Rural planning organization The term rural planning organization means a voluntary regional organization of local elected officials and representatives of local transportation systems— (A) that— (i) works in cooperation with the department of transportation (or equivalent entity) of a State to plan transportation networks and advise officials of the State on transportation planning; and (ii) is located in a rural area— (I) with a population of not less than 5,000; and (II) that is not located in an area represented by a metropolitan planning organization; or (B) that is a regional transportation planning organization, as defined in section 5303 of title 49, United States Code. (18) Secretary The term Secretary means the Secretary of Housing and Urban Development. (19) State The term State has the meaning given the term in section 5302 of title 49, United States Code. (20) Sustainable development The term sustainable development means development that— (A) fulfills a current and future social need of a community; (B) promotes economic competitiveness or growth and creates new economic opportunity; and (C) uses natural resources responsibly, minimizes ecological and environmental impacts, and improves community resilience to natural disasters while preserving the ability of future generations to meet their own needs. (21) Transit-oriented development The term transit-oriented development means high-density, walkable, accessible to individuals with disabilities, and location-efficient mixed-use development, including commercial development, and affordable and market-rate housing, that is within walking distance of and accessible to 1 or more public transportation facilities with frequent service. (22) Unit of general local government The term unit of general local government means— (A) a city, county, town, township, parish, village, or other general purpose political subdivision of a State; or (B) a combination of general purpose political subdivisions, as determined by the Secretary. (23) Unit of special purpose local government The term unit of special purpose local government — (A) means a division of a unit of general local government that serves a special purpose and does not provide a broad array of services; and (B) includes an entity such as a school district, a housing agency, a transit agency, and a parks and recreation district. (24) Very low-income family The term very low-income family has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). 5. Office of sustainable housing and communities (a) Office established There is established in the Department an Office of Sustainable Housing and Communities, which shall— (1) coordinate the policies of the Department with those of other Federal agencies that— (A) encourage locally directed comprehensive and integrated planning and development at the State, regional, and local levels; (B) encourage coordinated public investments through the development of comprehensive regional plans; (C) provide long-term affordable housing that provides accessible, energy-efficient, healthy, and location-efficient choices for people of all ages, incomes, races, and ethnicities and individuals with disabilities, particularly for low-, very low-, and extremely low-income families; and (D) achieve other goals consistent with the purposes of this Act; (2) review Federal programs and policies to determine barriers to interagency collaboration and make recommendations to promote the ability of local communities, including high-poverty communities, to access resources in the Department and throughout the Federal Government and coordinate with and conduct outreach to Federal agencies, including the Department of Transportation and the Environmental Protection Agency, on methods to improve the efficiency and effectiveness of programs within the Department of Transportation, the Environmental Protection Agency, the Department of Agriculture, and the Department; (3) review Federal programs and policies to— (A) identify barriers to high-poverty individuals and communities’ access to Federal State, local, and private resources; and (B) make recommendations— (i) to promote the ability of high-poverty communities to access resources in the Department and throughout the Federal Government and coordinate with and conduct outreach to Federal agencies, including the Department of Transportation and the Environmental Protection Agency; and (ii) for methods to improve the access of high-poverty communities to Federal resources and programs within the Department of Transportation, the Environmental Protection Agency, and the Department; (4) conduct research and advise the Secretary on the research agenda of the Department relating to coordinated development, in collaboration with the Office of Policy Development and Research of the Department; (5) implement and oversee the grant programs established under this Act; (6) provide guidance, information on best practices, and technical assistance to communities seeking to adopt sustainable development policies and practices; (7) administer initiatives of the Department relating to the policies described in paragraph (1), as determined by the Secretary; and (8) work with the Federal Transit Administration and the Federal Highway Administration of the Department of Transportation and other offices and administrations of the Department of Transportation, as appropriate— (A) to encourage transit-oriented development; (B) to coordinate Federal housing, community development, and transportation policies, including the policies described in paragraph (1); and (C) to address combined household housing and transportation expenses in a coordinated manner. (b) Director The head of the Office shall be the Director of the Office of Sustainable Housing and Communities. (c) Duties relating to grant programs (1) In general The Director shall carry out the grant programs established under this Act. (2) Small and rural communities grant program The Director shall coordinate with the Secretary of Agriculture to make grants to small and rural communities under sections 7 and 8. (3) Technical assistance for grant recipients and applicants The Director may— (A) coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, grants under this Act; (B) by Federal interagency agreement, transfer funds to another Federal agency to facilitate and support technical assistance; and (C) make contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants. 6. Comprehensive planning grant program (a) Definitions In this section: (1) Consortium of units of general local governments The term consortium of units of general local governments means a consortium of geographically contiguous units of general local government that the Secretary determines— (A) represents all or part of a metropolitan statistical area, a micropolitan statistical area, or a noncore area, as those terms are defined by the Office of Management and Budget; (B) has the authority under State, Tribal, or local law to carry out planning activities, including surveys, land use studies, environmental or public health analyses, and development of urban revitalization plans; and (C) has provided documentation to the Secretary sufficient to demonstrate that the purpose of the consortium is to carry out a project using a grant awarded under this Act. (2) Eligible entity The term eligible entity means— (A) a partnership between a consortium of units of general local government and an eligible partner, which shall designate a lead applicant to be the entity to establish the direct grant relationship with the Secretary; or (B) an Indian tribe, if the Indian tribe has a Tribal entity that performs— (i) housing and land use planning functions; or (ii) transportation or transportation planning functions. (3) Eligible partner The term eligible partner means— (A) a metropolitan planning organization, a rural planning organization, or a regional council; or (B) a metropolitan planning organization, a rural planning organization, or a regional council, and— (i) a State; (ii) an Indian Tribe; (iii) a State and an Indian Tribe; (iv) a community development corporation; or (v) an institution of higher education. (4) Grant program The term grant program means the comprehensive planning grant program established under subsection (b). (5) Noncore area The term noncore area means a county or group of counties that are not designated by the Office of Management and Budget as a micropolitan statistical area or metropolitan statistical area. (b) Comprehensive planning grant program established The Director shall establish a comprehensive planning grant program to make grants to eligible entities to carry out a project— (1) to coordinate locally defined planning processes across jurisdictions and agencies; (2) to identify regional partnerships for developing and implementing a comprehensive regional plan that advances the sustainability goals of the region; (3) to conduct or update assessments to determine regional needs and promote economic and community development; (4) to develop or update— (A) a comprehensive regional plan; or (B) goals and strategies to implement an existing comprehensive regional plan and other related activities; and (5) to identify local zoning and other code or policy changes necessary to implement a comprehensive regional plan and promote sustainable development and fair housing. (c) Grants (1) Diversity of grantees The Director shall ensure geographic diversity among and adequate representation from each of the following categories: (A) Small and rural communities Eligible entities that represent all or part of a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000. (B) Mid-sized metropolitan communities Eligible entities that represent all or part of a metropolitan statistical area with a population of more than 200,000 and not more than 500,000. (C) Large metropolitan communities Eligible entities that represent all or part of a metropolitan statistical area with a population of more than 500,000. (D) Indian tribes Eligible entities that are Indian tribes. (2) Award of funds to small and rural communities (A) In general The Director shall— (i) award not less than 15 percent of the funds under the grant program to eligible entities described in paragraph (1)(A); and (ii) ensure diversity among the geographic regions and the size of the population of the communities served by recipients of grants that are eligible entities described in paragraph (1)(A). (B) Insufficient applications If the Director determines that insufficient approvable applications have been submitted by eligible entities described in paragraph (1)(A), the Director may award less than 15 percent of the funds under the grant program to eligible entities described in paragraph (1)(A). (3) Award of funds to high-poverty communities (A) In general The Director shall award not less than 25 percent of the funds under the grant program to eligible entities within the jurisdiction of which there are not fewer than 3 census tracts with a poverty rate of not less than 25 percent, according to the most recent 5-year estimate of the American Community Survey of the Bureau of the Census. (B) Insufficient applications If the Director determines that insufficient approvable applications have been submitted by eligible entities described in subparagraph (A)— (i) the Director may award less than 25 percent of the funds under the grant program to eligible entities described in subparagraph (A); (ii) the Office of the Director shall conduct further educational outreach to eligible entities within high-poverty communities; (iii) the Director shall keep an open application period until the Director determines there is an appropriate amount of approvable applications that can be awarded within the period of availability; and (iv) the Director shall provide technical assistance to eligible entities within the jurisdiction of which are high-poverty communities. (4) Availability of funds (A) In general An eligible entity that receives a grant under the grant program shall— (i) obligate any funds received under the grant program not later than 1 year after the date on which the grant agreement under subsection (g) is made; and (ii) expend any funds received under the grant program not later than 4 years after the date on which the grant agreement under subsection (g) is made. (B) Unobligated amounts After the date described in subparagraph (A)(i), the Secretary may— (i) grant an extension to the eligible entity if the eligible entity has— (I) demonstrated progress in executing the grant; and (II) certified that the eligible entity needs additional time to obligate grant funds; or (ii) award to another eligible entity, to carry out activities under this section, any amounts that an eligible entity has not obligated under subparagraph (A)(i). (d) Application (1) In general The lead applicant of an eligible entity that desires a grant under this section shall submit to the Director an application, at such time and in such manner as the Director shall prescribe, that contains— (A) a description of the project proposed to be carried out by the eligible entity; (B) a budget for the project that includes the anticipated Federal share of the cost of the project and a description of the source of the non-Federal share; (C) the designation of lead applicant to receive and manage any funds received by the eligible entity under the grant program; (D) a signed copy of a memorandum of understanding among local jurisdictions, including, as appropriate, a State, an Indian tribe, units of general local government, units of special purpose local government, metropolitan planning organizations, rural planning organizations, and regional councils that demonstrates— (i) the creation of an eligible entity; (ii) a description of the nature and extent of planned collaboration between the eligible entity and any partners of the eligible entity; (iii) a commitment to develop a comprehensive regional plan; and (iv) a commitment to implement the plan after the plan is developed; (E) a certification by the lead applicant that the eligible entity has— (i) secured the participation, or made a good-faith effort to secure the participation, of transportation providers and public housing agencies within the area affected by the comprehensive regional plan and the entities described in clause (ii); and (ii) created, or will create not later than 1 year after the date of the grant award, a regional advisory board to provide input and feedback on the development of the comprehensive regional plan that includes representatives of a State, the metropolitan planning organization, the rural planning organization, the regional council, local jurisdictions, non-profit organizations, and others, as deemed appropriate by the eligible entity, given the local context of the comprehensive planning effort; and (F) a certification that the eligible entity has solicited public comment on the contents of the project description under subparagraph (A) that includes— (i) a description of the process for receiving public comment relating to the proposal; and (ii) such other information as the Director may require; (G) a description of how the eligible entity will carry out the activities under subsection (f); and (H) such additional information as the Director may require. (2) Indian tribes An eligible entity that is an Indian tribe is not required to submit the designation under paragraph (1)(C) or the certification under paragraph (1)(E). (e) Selection In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application— (1) demonstrates that the eligible entity has or will have the legal, financial, managerial, and technical capacity to carry out the project; (2) demonstrates the extent to which the eligible entity has developed partnerships throughout an entire region, including, as appropriate, partnerships with the entities described in subsection (d)(1)(D); (3) demonstrates integration with local efforts in economic development and job creation; (4) demonstrates a strategy for implementing a comprehensive regional plan through regional infrastructure investment plans and local land use plans; (5) promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under this section; (6) demonstrates a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan; (7) demonstrates a strategy for connecting underserved, low-income, disabled, and minority community members with housing, transportation, and infrastructure resources; (8) demonstrates a commitment to implementing the plan upon completion, including securing funding to implement 1 or more elements of the plan; and (9) demonstrates such other qualities as the Director may determine. (f) Eligible activities An eligible entity that receives a grant under this section shall carry out a project that includes 1 or more of the following activities: (1) Coordinating locally defined planning processes across jurisdictions and agencies. (2) Identifying potential regional partnerships for developing and implementing a comprehensive regional plan. (3) Conducting or updating assessments to determine regional needs, including healthy housing, and promote economic and community development. (4) Developing or updating— (A) a comprehensive regional plan; or (B) goals and strategies to implement an existing comprehensive regional plan. (5) Identifying and implementing local zoning and other policy or code changes necessary to implement a comprehensive regional plan and promote sustainable development and fair housing. (g) Grant agreement Each eligible entity that receives a grant under the grant program shall agree to establish, in coordination with the Director, performance measures, reporting requirements, and any other requirements that the Director determines are necessary, that the eligible entity, through the lead applicant, shall meet at the end of each year in which the eligible entity receives funds under the grant program. (h) Public outreach (1) Outreach required Each eligible entity that receives a grant under the grant program shall perform substantial outreach activities— (A) to engage a broad cross-section of community stakeholders in the process of developing a comprehensive regional plan, including low-income families, minorities, disabled individuals, older adults, and economically disadvantaged community members; and (B) to create an effective means for stakeholders to participate in the development and implementation of a comprehensive regional plan. (2) Finalization of comprehensive regional plan (A) In general An eligible entity that receives a grant under the grant program may not finalize a comprehensive regional plan before the eligible entity holds a public hearing to obtain the views of citizens, public agencies, and other interested parties. (B) Availability of information Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall make the proposed comprehensive regional plan and all information relevant to the hearing— (i) available to the public for inspection during normal business hours; and (ii) available on a publicly accessible website. (C) Notice Not later than 30 days before a hearing described in subparagraph (A), an eligible entity shall publish notice— (i) of the hearing; and (ii) that the information described in subparagraph (B) is available. (i) Violation of grant agreement or failure To comply with public outreach requirements If the Director determines that an eligible entity has not met the performance measures established in the grant agreement under subsection (g), is not making reasonable progress toward meeting such measures, is otherwise in violation of the grant agreement, or has not complied with the public outreach requirements under subsection (h), the Director may— (1) impose increased reporting and more stringent expenditure authorization requirements; (2) withhold financial assistance until the requirements under the grant agreement or under subsection (h), as applicable, are met; (3) wholly or partly suspend or terminate the grant agreement; (4) refer the grantee to the appropriate office within the Department for further enforcement action; and (5) take other remedies that may be legally available. (j) Report on the comprehensive planning grant (1) In general Not later than 120 days after the date on which the grant agreement under subsection (g) expires, an eligible entity that receives a grant under the grant program shall submit a final report on the project to the Secretary. (2) Contents of report The report shall include— (A) a detailed explanation of the activities undertaken using the grant, including an explanation of the completed project and how it achieves specific transit-oriented, transportation, housing, or sustainable community goals within the region; (B) a discussion of any obstacles encountered in the planning process and how the eligible entity overcame the obstacles; (C) an evaluation of the success of the project using the performance measures established in the grant agreement under subsection (g), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive regional plan; (D) an outline of any proposed follow-up activities to implement 1 or more elements of the plan, including commitments of additional planned public or private investments for such activities; and (E) any other information the Director may require. (3) Interim reports The Director may require an eligible entity to submit an interim report or reports before the date on which the project for which the grant is awarded is completed. (k) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended— (A) $570,800,000 for fiscal year 2022; and (B) $707,300,000 for each of fiscal years 2023 through 2026. (2) Technical assistance The Director may use not more than 2 percent of the amounts made available under this subsection for a fiscal year for technical assistance under section 5(c)(3). 7. Community challenge grant program (a) Definitions In this section— (1) the terms consortium of units of general local governments , eligible entity , and eligible partner have the meanings given those terms in section 6; and (2) the term grant program means the community challenge grant program established under subsection (b). (b) Community challenge grant program established The Director shall establish a community challenge grant program to make grants to eligible entities to— (1) promote integrated planning and investments across policy and governmental jurisdictions; and (2) implement projects identified in a comprehensive regional plan. (c) Grants (1) Diversity of grantees The Director shall ensure— (A) geographic diversity among and adequate representation from eligible entities in each of the categories described in section 6(c)(1); and (B) diversity among and adequate representation from eligible entities described in section 6(c)(3). (2) Terms and conditions Except as otherwise provided in this section, a grant under the grant program shall be made on the same terms and conditions as a grant under section 6. (3) Expending funds An eligible entity that receives a grant under the grant program shall expend any funds received under the grant program not later than 5 years after the date on which the grant agreement under subsection (g) is made. (d) Application (1) Contents An eligible entity that desires a grant under the grant program shall submit to the Director an application, at such time and in such manner as the Director shall prescribe, that contains— (A) a copy of the comprehensive regional plan, whether developed as part of the comprehensive planning grant program under section 6 or developed independently; (B) a description of the project or projects proposed to be carried out using a grant under the grant program; (C) a description of any preliminary actions that have been or must be taken at the local or regional level to implement the project or projects described under subparagraph (B), including the revision of land use or zoning policies; (D) the designation of a lead applicant to be the entity to establish the direct grant relationship with the Secretary; (E) a signed copy of a memorandum of understanding among local jurisdictions, including, as appropriate, a State, units of general local government, units of special purpose local government, metropolitan planning organizations, rural planning organizations, and regional councils that demonstrates— (i) the creation of a consortium of units of general local government; and (ii) a commitment to implement the activities described in the comprehensive regional plan; and (F) a certification that the eligible entity has solicited public comment on the contents of the project or projects described in subparagraph (B) that includes— (i) a certification that the eligible entity made information about the project or projects available and afforded citizens, public agencies, and other interested parties a reasonable opportunity to examine the content of the project or projects and to submit comments; (ii) a description of the process for receiving public comment, and a description of the outreach efforts to affected populations and stakeholders; (iii) a certification that the eligible entity— (I) held a public hearing to obtain the views of citizens, public agencies, and other interested parties; (II) made the proposed project or projects and all information relevant to the hearing available for inspection by the public during normal business hours not less than 30 days before the hearing under subclause (I); and (III) published a notice informing the public of the hearing under subclause (I) and the availability of the information described in subclause (II); and (G) a budget for the project or projects that includes the Federal share of the cost of the project or projects requested and a description of the source of the non-Federal share; and (H) such additional information as the Director may require. (2) Indian tribes An eligible entity that is an Indian tribe is not required to designate a lead applicant under paragraph (1)(D) or submit a memorandum of understanding under paragraph (1)(E). (e) Selection In evaluating an application for a grant under the grant program, the Director shall consider the extent to which the application— (1) demonstrates that the eligible entity has or will have the legal, financial, managerial, and technical capacity to carry out the project; (2) demonstrates the extent to which the eligible entity has developed partnerships throughout an entire region, including partnerships with units of special purpose local government and transportation providers; (3) demonstrates clear and meaningful interjurisdictional cooperation and coordination of housing, including healthy housing, transportation, and environmental policies and plans; (4) demonstrates a commitment to implementing a comprehensive regional plan and documents action taken or planned to implement the plan; (5) identifies original and innovative ideas to overcoming regional problems, including local land use, zoning, or other obstacles to carrying out the comprehensive regional plan; (6) promotes diversity among the geographic regions and the size of the population of the communities served by recipients of grants under the grant program; (7) demonstrates a commitment to substantial public input throughout the implementation process; (8) demonstrates a strategy for connecting underserved, low-income, disabled, and minority community members with housing, transportation, and infrastructure resources; and (9) demonstrates such other qualities as the Director may determine. (f) Grant activities (1) Planning activities (A) In general An eligible entity that receives a grant under the grant program may use not more than 10 percent of the grant for planning activities. (B) Limitation Activities related to the updating, reform, or development of a local code, plan, or ordinance to implement projects contained in a comprehensive regional plan shall not be considered planning activities for the purposes of a grant under the grant program. (2) Projects An eligible entity that receives a grant under the grant program shall carry out 1 or more projects that are designed to achieve the goals identified in a comprehensive regional plan. (g) Grant agreement Each eligible entity that receives a grant under the grant program shall agree to establish, through the lead applicant and in coordination with the Director, performance measures, reporting requirements, and any other requirements that the Director determines are necessary, that the eligible entity, through the lead applicant, shall meet at the end of each year in which the eligible entity receives funds under the grant program. (h) Violation of grant agreement If the Director determines that an eligible entity has not met the performance measures established under subsection (g), is not making reasonable progress toward meeting such measures, or is otherwise in violation of the grant agreement, the Director may— (1) impose increased reporting and more stringent expenditure authorization requirements; (2) withhold financial assistance until the requirements under the grant agreement are met; (3) wholly or partly suspend or terminate the grant agreement; (4) refer the grantee to the appropriate office within the Department for further enforcement action; and (5) take other remedies that may be legally available. (i) Report on the community challenge grant (1) In general Not later than 120 days after the date on which the grant agreement under subsection (g) expires, an eligible entity that receives a grant under the grant program shall submit a final report on the project to the Secretary. (2) Contents of report The report shall include— (A) a detailed explanation of the activities undertaken using the grant, including an explanation of the completed project and how it achieves specific transit-oriented, transportation, housing, or sustainable community goals within the region; (B) a discussion of any obstacles encountered in the planning and implementation process and how the eligible entity overcame the obstacles; (C) an evaluation of the success of the project using the performance measures established under subsection (g), including an evaluation of the planning and implementation process and how the project contributes to carrying out the comprehensive regional plan; (D) outline of any proposed follow-up activities including commitments of additional planned public or private investments; and (E) any other information the Director may require. (3) Interim reports The Director may require an eligible entity to submit an interim report or reports before the date on which the project for which the grant is awarded is completed. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended— (1) $175,350,000 for each of fiscal years 2022 through 2023; (2) $203,700,000 for fiscal year 2024; (3) $233,100,000 for fiscal year 2025; and (4) $262,500,000 for fiscal year 2026. 8. Credit facility to support transit-oriented development (a) Definitions In this section, the following definitions shall apply: (1) Eligible applicant The term eligible applicant means a State or local governmental authority. (2) Eligible area The term eligible area means the area within ½ mile of an existing or planned major public transportation facility. (3) Eligible borrower The term eligible borrower means— (A) a governmental entity, authority, agency, or instrumentality; (B) a corporation, partnership, joint venture, or trust on behalf of which an eligible applicant has submitted an application under subsection (c); or (C) any other legal entity undertaking an infrastructure development project on behalf of which an eligible applicant has submitted an application under subsection (c). (4) Major public transportation facility The term major public transportation facility means— (A) a fixed-guideway public transportation station; (B) a high speed rail or intercity rail station connecting to public transportation; (C) an intermodal facility connecting multiple public transportation lines; or (D) a public transportation center located in an area other than an urbanized area. (5) Planned major public transportation facility The term planned major public transportation facility means a major public transportation facility for which— (A) appropriate environmental reviews have been initiated or have been completed; and (B) funding for construction can be reasonably anticipated. (6) Project The term project means an infrastructure project that is used to support a transit-oriented development in an eligible area, including— (A) property enhancement, including conducting environmental remediation, park development, and open space acquisition; (B) improvement of physical mobility, including rehabilitating, or providing for additional, streets, public transportation stations, structured parking, walkways, and bikeways; (C) improve accommodations for individuals with disabilities; (D) utility development, including rehabilitating or relocating existing, or providing for new drinking water, wastewater, electric, and gas utilities; or (E) community service facilities, such as child care centers. (7) Public transportation The term public transportation has the meaning given that term in section 5302 of title 49, United States Code. (b) Loan program established The Secretary, in consultation with the Secretary of Transportation, may make or guarantee loans under this section to eligible borrowers for projects. (c) Application (1) In general An eligible applicant may submit to the Secretary an application for a loan or loan guarantee under this section— (A) to fund a project carried out by the eligible applicant; or (B) on behalf of an eligible borrower, to fund a project carried out by the eligible borrower. (d) Selection criteria (1) In general The Secretary may make a loan or loan guarantee under this section for a project that— (A) is part of a community-wide development plan, as defined by the Secretary; (B) promotes sustainable development; and (C) ensures that not less than 20 percent of any housing units constructed or substantially rehabilitated as part of transit-oriented development supported by the project are affordable over the long-term to, and occupied at time of initial occupancy by— (i) renters with incomes at or below 60 percent of the area median income; or (ii) homeowners with incomes at or below 100 percent of the area median income. (2) Considerations The Secretary, in consultation with the Secretary of Transportation, shall select the recipients of loans and loan guarantees under this section based on the extent to which— (A) the transit-oriented development supported by the project will encourage increased use of transit; (B) the transit-oriented development supported by the project will create or preserve long-term affordable housing units in addition to the housing units required to be made available under paragraph (1)(C) or will provide deeper affordability than required under paragraph (1)(C); (C) the project will facilitate and encourage additional development or redevelopment in the overall public transportation station area; (D) the local government has adopted policies that— (i) promote long-term affordable housing; and (ii) allow high-density, mixed-use development near public transportation stations; (E) the transit-oriented development supported by the project is part of a comprehensive regional plan; (F) the eligible borrower has established a reliable, dedicated revenue source to repay the loan; and (G) a loan or loan guarantee under this section would be used in conjunction with non-Federal resources to fund the project. (e) Eligible sources of repayment A loan made or guaranteed under this section shall be repayable, in whole or in part, from dedicated revenue sources, which may include— (1) user fees; (2) property tax revenues; (3) sales tax revenues; (4) other revenue sources dedicated to the project by property owners and businesses; and (5) a bond or other indebtedness backed by one of the revenue sources listed in this paragraph. (f) Interest rate The Secretary shall establish an interest rate for loans made or guaranteed under this section with reference to a benchmark interest rate (commonly known as a yield ) on marketable Treasury securities with a maturity that is similar to the loans made or guaranteed under this section. (g) Maximum maturity The maturity of a loan made or guaranteed under this section may not exceed the lesser of— (1) 35 years; or (2) 100 percent of the useful life of any project to be financed by the loan, as determined by the Secretary. (h) Maximum loan guarantee rate (1) In general The guarantee rate on a loan guaranteed under this section may not exceed 75 percent of the amount of the loan. (2) Lower guarantee rate for low-risk borrowers The Secretary shall establish a guarantee rate for loans to eligible borrowers that the Secretary determines pose a lower risk of default that is lower than the guarantee rate for loans to other eligible borrowers. (i) Fees The Secretary shall establish fees for loans made or guaranteed under this section at a level that is sufficient to cover all or part of the costs to the Federal Government of making or guaranteeing a loan under this section. (j) Nonsubordination A loan made or guaranteed under this section may not be subordinated to the claims of any holder of an obligation relating to the project in the event of bankruptcy, insolvency, or liquidation. (k) Commencement of repayment The scheduled repayment of principal or interest on a loan made or guaranteed under this section shall commence not later than 5 years after the date of substantial completion of a project. (l) Repayment deferral for loans (1) In general If, at any time after the date of substantial completion of a project, the Secretary determines that dedicated revenue sources of an eligible borrower are insufficient to make the scheduled loan repayments of principal and interest on a loan made or guaranteed under this section, the Secretary may, subject to criteria established by the Secretary, allow the eligible borrower to add unpaid principal and interest to the outstanding balance of the loan. (2) Treatment of deferred payments Any payment deferred under this section shall— (A) continue to accrue interest until fully repaid; and (B) be scheduled to be amortized over the remaining term of the loan. (m) Sanctions for performance deficiencies If the Director determines that a recipient of a loan made or guaranteed under this section has performance deficiencies in the use of the loan funds under this section or is otherwise in violation of the loan or loan guarantee agreement, the Director may impose sanctions and undertake other remedies for noncompliance in accordance with section 111 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5311 ) and the implementing regulations of the Department. (n) Authorization of appropriations There are authorized to be appropriated for the cost of loans and loan guarantees under this section $110,000,000 for each of fiscal years 2022 through 2026. 9. Healthy homes (a) Federal initiative To support healthy housing and substantially reduce housing-Related health hazards The Secretary, acting through the Director of the Office of Lead Hazard Control and Healthy Homes and in consultation with the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of the Treasury, the Director of the National Institute of Standards and Technology, the Director of the National Institute of Environmental Health Sciences, and the Director of the Centers for Disease Control, shall lead the Federal initiative to support healthy housing and substantially reduce the prevalence and severity of housing-related health hazards by— (1) identifying best practices and model programs, including practices and programs that link services for low-income families and services for health hazards; (2) identifying best practices for finance products, building codes, and regulatory practices; (3) researching training programs and work practices that can accurately assess housing-related health hazards; (4) promoting collaboration among Federal, State, local, and tribal agencies and non-governmental organizations; and (5) coordinating with all relevant Federal agencies. (b) Assessment The Secretary shall conduct a collaborative, interagency assessment of best practices for— (1) coordinating activities relating to healthy housing; and (2) creating incentives in programs of the Federal Government to advance the complementary goals of improving environmental health, energy conservation, decarbonization, and the availability of housing. (c) Study and report on sustainable building features and indoor environmental quality in housing (1) Study The Secretary, in consultation with the Secretary of Energy, the Director of the National Institute of Standards and Technology, the Director of the National Institute of Environmental Health Sciences, the Director of the Centers for Disease Control and Prevention, the Secretary of the Treasury, the Secretary of Agriculture, and any other Federal agency that the Secretary determines is appropriate, shall conduct a detailed study of how sustainable building features in housing, such as energy efficiency, affect— (A) the quality of the indoor environment; (B) the prevalence of housing-related health hazards; and (C) the health of occupants of the housing. (2) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Financial Services and the Committee on Appropriations of the House of Representatives a report containing the results of the study under paragraph (1). (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2616is/xml/BILLS-117s2616is.xml |
117-s-2617 | II 117th CONGRESS 1st Session S. 2617 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Wyden (for himself and Mr. Whitehouse ) 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 revise the treatment of partnership interests received in connection with the performance of services, and for other purposes.
1. Short title This Act may be cited as the Ending the Carried Interest Loophole Act . 2. Partnership interests transferred in connection with performance of services (a) Modification of election To include partnership interest in gross income in year of transfer Subsection (c) of section 83 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Partnership interests Except as provided by the Secretary— (A) In general In the case of any transfer of an interest in a partnership in connection with the performance of services— (i) the fair market value of such interest shall be treated for purposes of this section as being equal to the amount which the partner would receive if the partnership sold (at the time of the transfer) all of its assets for cash at their fair market value in a fully taxable transaction and distributed the proceeds of such sale (reduced by the liabilities of the partnership) to its partners in complete liquidation, and (ii) the person receiving such interest shall be treated as having made the election under subsection (b)(1) unless such person makes an election under this paragraph to have such subsection not apply. (B) Coordination with other partnership rules Except as otherwise provided by the Secretary, if, by reason of subparagraph (A), subsection (b)(1) applies to a partnership interest transferred to a person, then the amount included in the gross income of such person by reason of such subsection shall (at the time of the transfer)— (i) be treated as an addition to the capital account of such person with respect to such partnership for purposes of subchapter K, and (ii) if such interest is an applicable partnership interest under section 1299 at any time, be treated as invested capital of such person with respect to such interest for purposes of such section. (C) Election The election under subparagraph (A)(ii) shall be made under rules similar to the rules of subsection (b)(2). (D) Partnership interest (i) In general For purposes of this paragraph, any applicable financial instrument or contract (as defined in section 1299(b)(2)(B)) or interest in an entity other than a partnership which is treated as an applicable partnership interest under section 1299(b)(2) shall be treated as an interest in a partnership. (ii) Regulations The Secretary shall prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this paragraph, including regulations for the application of this paragraph to applicable financial instruments or contracts (as so defined) or interests in entities other than partnerships which are treated as partnership interests under clause (i). . (b) Effective date The amendments made by this section shall apply to interests in partnerships transferred after the date of the enactment of this Act. 3. Treatment of certain partnership interests received in connection with performance of services (a) In general Subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VII Treatment of certain partnership interests received in connection with performance of services Sec. 1299. Treatment of certain partnership interests received in connection with performance of services. 1299. Treatment of certain partnership interests received in connection with performance of services (a) In general In the case of a taxpayer who holds 1 or more applicable partnership interests in any partnership at any time during any taxable year of the partnership ending with or within the taxable year of the taxpayer— (1) there shall be included in the gross income of the taxpayer as ordinary income an amount equal to the aggregate of the deemed compensation amounts determined under subsection (c) with respect to such interests in all partnerships, and (2) the taxpayer shall be treated as having for such taxable year of the taxpayer a long-term capital loss equal to the aggregate of such deemed compensation amounts. (b) Applicable partnership interest For purposes of this section— (1) In general Except as provided in this subsection, the term applicable partnership interest means any interest in a partnership which— (A) is directly or indirectly transferred to (or held by) the taxpayer in connection with the performance of services by the taxpayer, or any other person, in any applicable trade or business, or (B) is held by a taxpayer who received an applicable loan. Such term shall not include any interest which is acquired pursuant to a sale or disposition to which subsection (c)(5) applies. (2) Determination of interest in a partnership (A) In general For purposes of paragraph (1), the term interest in a partnership includes— (i) any applicable financial instrument or contract, or (ii) to the extent provided by the Secretary, any interest in an entity other than a partnership if such interest would be treated as an applicable partnership interest if such entity were a partnership. (B) Applicable financial instrument or contract For purposes of this paragraph— (i) In general The term applicable financial instrument or contract means any financial instrument or contract the value of which is determined in whole or in part by reference to any partnership or partnership-related item (including the amount of partnership distributions, the value of partnership assets, or the results of partnership operations). (ii) Exception for non-convertible debt Such term shall not include a financial instrument or contract if such instrument or contract— (I) is treated as debt for Federal tax purposes, and (II) is not convertible into or exchangeable for any partnership interest and does not provide for a payment of similar or equivalent value. (3) Applicable trade or business (A) In general For purposes of paragraph (1)(A), the term applicable trade or business means any activity conducted on a regular, continuous, and substantial basis which, regardless of whether the activity is conducted in one or more entities, consists, in whole or in part, of— (i) raising or returning capital, and (ii) either— (I) investing in (including acquiring or disposing of) specified assets (or identifying specified assets for such investing, acquisition, or disposition), or (II) developing specified assets. (B) Specified assets (i) In general The term specified assets means securities, commodities, real estate held for rental or investment, cash or cash equivalents, options or derivative contracts with respect to any of the foregoing, and an interest in a partnership if such partnership has a direct or indirect interest in any of the foregoing. (ii) Securities For purposes of clause (i), the term securities has the meaning given such term under section 475(c)(2), determined— (I) by applying subparagraph (B) thereof without regard to whether the partnership or trust is widely held or publicly traded, and (II) without regard to the last sentence thereof. (iii) Commodities For purposes of clause (i), the term commodities has the meaning given such term under section 475(e)(2), except that such term shall not include commodities held in connection with the active conduct of a commodities business as a producer, processor, merchant, or handler of commodities. (4) Applicable loan (A) In general The term applicable loan means, with respect to any partnership interest, any loan issued directly or indirectly from the partnership, any other partner of the partnership, or any person related to such other partner or such partnership. (B) Safe harbor The term applicable loan does not include any loan which— (i) is fully recourse to the borrower or fully secured by the borrower's assets, and (ii) requires payments of interest with a stated rate not less than the specified rate determined under subsection (c)(2). (c) Deemed compensation amount For purposes of this section— (1) Deemed compensation amount (A) In general The term deemed compensation amount means, with respect to any applicable partnership interest for any partnership taxable year, an amount equal to the product of— (i) the specified rate determined under paragraph (2) for the calendar year in which such taxable year begins, multiplied by (ii) the excess (if any) of— (I) an amount equal to the applicable percentage of the weighted average of the aggregate of invested capital of all partners of the partnership on each measurement date occurring within such taxable year, over (II) the weighted average of invested capital with respect to the applicable partnership interest on each measurement date occurring within such taxable year. (B) Measurement date For purposes of subparagraph (A), the term measurement date means— (i) the last day of the partnership taxable year, (ii) any date specified in the regulations under subchapter K as a date on which to revalue property of the partnership for purposes of adjusting capital accounts of the partner (without regard to whether the partnership capital accounts are adjusted on that date), and (iii) any other date specified by the Secretary. (2) Specified rate The term specified rate means, with respect to any calendar year, a percentage equal to the sum of— (A) the first segment rate (as defined in section 430(h)(2)(C)(i)) for the first month of such calendar year, plus (B) 9 percentage points. (3) Applicable percentage (A) In general The term applicable percentage means, with respect to any applicable partnership interest, the highest percentage of profits of the partnership which could be allocated to such interest (consistent with the partnership agreement and determined as if all performance targets with respect to such interest had been met). (B) Secretarial authority The Secretary shall prescribe rules for the determination of the applicable percentage in cases in which the percentage of profits of a partnership which may be allocated to the applicable partnership interest under the partnership agreement may temporarily exceed the highest percentage determined under subparagraph (A). (4) Invested capital (A) In general The term invested capital means, with respect to any partner as of any day, the excess of— (i) the sum of— (I) the total cumulative value, determined at the time of contribution, of all money or other property contributed by the partner to the partnership on or before such day (net of any liabilities the partnership is considered to assume or take subject to), plus (II) the aggregate amounts of the partner's distributive share of income and gain as of such day, over (ii) the sum of— (I) the aggregate value, determined at the time of distribution, of all money or other property distributed to the partner from the partnership on or before such day (net of any liabilities the partner is considered to assume or take subject to), plus (II) the aggregate amount of the partner's distributive share of loss and deductions of the partnership as of such day. (B) Special rules (i) In general For purposes of subparagraph (A), invested capital shall be determined— (I) without regard to amounts considered as a contribution of money or as a distribution of money by reason of subsection (a) or (B) of section 752, and (II) without regard to income required to be recognized by a contributing partner under section 704(c) with respect to property described in subparagraph (A)(i)(I). (ii) Adjustments The Secretary may provide for rules making such adjustments as the Secretary determines necessary to the determination of invested capital under subparagraph (A) in order to carry out the purposes of this section. (C) Treatment of borrowings from partnerships or other partners For purposes of paragraph (1)(A), the amount of invested capital with respect to any applicable partnership interest shall be reduced by the amount of any applicable loan to a partner who is described in subsection (b)(1)(B). (5) Accelerated inclusion in case of disposition of applicable partnership interest (A) In general If a taxpayer who holds an applicable partnership interest sells or disposes of any portion of such interest during a taxable year in the applicable period, the amount determined under this subsection for such taxable year shall be the sum of— (i) the amount determined under paragraph (1) for the taxable year (determined as if no such sale or disposition had occurred), plus (ii) an amount equal to the product of— (I) the excess of the amount determined under clause (i) over the amount determined under paragraph (1) for the taxable year, and (II) the number of taxable years beginning after the date of the sale or disposition and before the last day of the applicable period. (B) Applicable period For purposes of this paragraph, the applicable period is the 10-year period beginning on the later of— (i) the date the taxpayer acquired the applicable partnership interest, or (ii) the last date described in paragraph (1)(B)(ii) on which there was an increase in the amount of the taxpayers applicable percentage of the aggregate invested capital of all partners of the partnership. (6) Multiple interests If at any time during a taxable year a taxpayer holds directly or indirectly more than 1 applicable partnership interest in a single partnership, such interests shall be treated as 1 applicable partnership interest for purposes of applying this subsection. (d) Related person For purposes of this section, a person shall be treated as related to another person if the relationship between such persons would be described in section 267(b) or 707(b). (e) Reporting A partnership shall report to the Secretary, and include with the information required to be furnished under section 6031(b) to each partner, the amount of the partner’s deemed compensation amount for the taxable year, if any. A similar rule applies to any entity that receives a report of a deemed compensation amount for the taxable year. (f) Regulations The Secretary shall issue such regulations or other guidance as necessary to carry out this section, including regulations— (1) to prevent the abuse of the purposes of this section, including through— (A) the allocation of income to tax indifferent parties, or (B) a reduction or increase in the invested capital of any partner (including attempts to undervalue or overvalue property), (2) which provide for the application of the rules of subsection (c) to applicable financial instruments and contracts and to entities other than partnerships, (3) which provide in appropriate circumstances for purposes of this section the aggregation of assets held by related partnerships or for the disaggregation of assets within 1 partnership, (4) which provide for the application of this section in cases of tiered structures or entities, (5) which provide guidance with respect to forgiveness of any loan described in subsection (b)(4)(B), and (6) which provide rules for transfers or liquidations of applicable partnership interests by gift, inheritance, substituted basis transactions, and other transactions in which income is not recognized at the time of the transaction. . (b) Conforming amendments (1) (A) Part IV of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 1061. (B) The table of sections for part IV of subchapter O of chapter 1 of such Code is amended by striking the item relating to section 1061. (2) The table of parts for subchapter P of such Code is amended by adding at the end the following new item: Part VII—Treatment of certain partnership interests received in connection with performance of services . (c) Effective date The amendments made by this section shall apply to taxable years of a taxpayer beginning after date of enactment of this Act, with or within which ends the taxable year of a partnership which begins after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s2617is/xml/BILLS-117s2617is.xml |
117-s-2618 | II 117th CONGRESS 1st Session S. 2618 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Casey (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to provide for coverage of dental and oral health services, vision services, and hearing services under the Medicare and Medicaid programs.
1. Short title This Act may be cited as the Medicare and Medicaid Dental, Vision, and Hearing Benefit Act of 2021 . 2. Dental and oral health services under Medicare (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (GG), by striking and after the semicolon at the end; (2) in subparagraph (HH), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (II) dental and oral health services (as defined in subsection (lll)); . (b) Dental and oral health services defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Dental and Oral Health Services The term dental and oral health services means— (1) routine dental cleanings and exams; (2) basic dental services, such as fillings and crowns; (3) major dental services, such as root canals, and extractions; (4) emergency dental care; and (5) other necessary services related to dental or oral health (as defined by the Secretary). . (c) Payment; coinsurance; and limitations (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and before (DD) ; and (B) by inserting before the semicolon at the end the following: , and (EE) with respect to dental and oral health services (as defined in section 1861(lll)), the amount paid shall be the payment amount specified under section 1834(z) . (2) Payment and limits specified Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (z) Payment and limits for dental and oral health services (1) In general The payment amount under this part for dental and oral health services (as defined in section 1861(lll)) shall be, subject to paragraph (3), the applicable percent (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848. (2) Applicable percent For purposes of paragraph (1), the applicable percent specified in this paragraph is— (A) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; (B) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and (C) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. (3) Limitations and Secretarial authority (A) Frequency With respect to dental and oral health services that are— (i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and (ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. (B) Secretarial authority (i) Authority to apply additional limitations The Secretary may apply such other reasonable limitations on the extent to which dental and oral services are covered under this part, including through application of a prior authorization requirement. (ii) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental and oral health services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. . (d) Payment under physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(II), before (3) . (e) Dentures (1) In general Section 1861(s)(8) of the Social Security Act ( 42 U.S.C. 1395x(s)(8) ) is amended— (A) by striking (other than dental) and inserting (including dentures) ; and (B) by striking internal body . (2) Special payment rules Section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) ) is amended by adding at the end the following new paragraph: (23) Payment and limits for dentures (A) In general The payment amount under this part for dentures shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dentures under this section. (B) Applicable percent For purposes of subparagraph (A), the applicable percent specified in this subparagraph is— (i) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; (ii) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and (iii) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. (C) Limitations and Secretarial authority (i) In general Payment may be made under this part for an individual for— (I) not more than one full upper and one full lower denture once every five years; and (II) not more than one partial upper denture and one partial lower denture once every five years. (ii) Secretarial authority (I) Authority to apply additional limitations The Secretary may apply such other reasonable limitations on the extent to which dentures are covered under this part, including through application of a prior authorization requirement. (II) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dentures to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. . (f) Repeal of ground for exclusion Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y ) is amended by striking paragraph (12). (g) Effective date The amendments made by this section shall apply to services furnished on or after January 1 of the first year beginning at least six months after the date of the enactment of this Act. 3. Vision services under Medicare (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ), as amended by section 2(a), is amended— (1) in subparagraph (HH), by striking and after the semicolon at the end; (2) in subparagraph (II), by adding and after the semicolon at the end; and (3) by adding at the end the following new subparagraph: (JJ) vision services (as defined in subsection (mmm)); . (b) Vision services defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 2(b), is amended by adding at the end the following new subsection: (mmm) Vision Services The term vision services means— (1) routine eye examinations and procedures performed (during the course of any eye examination) to determine the refractive state of the eyes; and (2) other necessary services related to eye and vision health (as defined by the Secretary). . (c) Payment; coinsurance; and limitations (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ), as amended by section 2(c)(1), is amended— (A) by striking and before (EE) ; and (B) by inserting before the semicolon at the end the following: , and (FF) with respect to vision services (as defined in section 1861(mmm)), the amount paid shall be the payment amount specified under section 1834(aa) . (2) Payment and limits specified Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ), as amended by section 2(c)(2), is amended by adding at the end the following new subsection: (aa) Payment and limits for vision services (1) In general The payment amount under this part for vision services (as defined in section 1861(mmm)) shall be, subject to paragraph (3), the applicable percent (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848. (2) Applicable percent For purposes of paragraph (1), the applicable percent specified in this paragraph is— (A) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; (B) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and (C) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. (3) Limitations and Secretarial authority (A) Frequency With respect to routine eye exams, payment may be made under this part for only one such exam during a 12-month period. (B) Secretarial authority (i) Authority to apply additional limitations The Secretary may apply other reasonable limitations on the extent to which vision services are covered under this part, including through application of a prior authorization requirement. (ii) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of vision services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. . (d) Payment under physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ), as amended by section 2(d), is amended by inserting (2)(JJ), after (2)(II), . (e) Special payment rules for eyeglasses, contact lenses, and low vision devices Section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) ), as amended by section 2(e)(2), is amended by adding at the end the following new paragraphs: (24) Payment and limits for eyeglasses and contact lenses (A) In general The payment amount under this part for eyeglass lenses, eyeglass frames, and contact lenses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such eyeglass lenses, eyeglass frames, and contact lenses, respectively, under this section. (B) Applicable percent For purposes of subparagraph (A), the applicable percent specified in this subparagraph is— (i) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; (ii) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and (iii) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. (C) Limitations and Secretarial authority (i) In general Payment may be made under this part (other than for eyewear described in section 1861(s)(8)) for an individual for— (I) not more than one pair of eyeglass lenses during any 12-month period; (II) not more than one set of eyeglass frames during any 24-month period; and (III) contact lenses, only to the extent that the sum of such payments for contact lenses does not exceed a limitation of $200 during any 24-month period beginning during the first year beginning at least six months after the date of the enactment of this paragraph (or, beginning during a subsequent year, such limitation for a 24-month period beginning in the previous year increase by an appropriate inflation adjustment specified by the Secretary). (ii) Secretarial authority (I) Authority to apply additional limitations The Secretary may apply such other reasonable limitations on the extent to which eyeglass lenses, eyeglass frames, and contact lenses are covered under this part, including through application of a prior authorization requirement. (II) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of eyeglass lenses, eyeglass frames, and contact lenses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. (25) Payment and limits for low vision devices (A) In general The payment amount under this part for low vision devices shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for low vision devices under this section. (B) Applicable percent For purposes of subparagraph (A), the applicable percent specified in this subparagraph is— (i) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; (ii) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and (iii) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. (C) Secretarial authority (i) Authority to apply limitations The Secretary may apply reasonable limitations on the extent to which low vision devices are covered under this part, including through application of a prior authorization requirement. (ii) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of low vision devices to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. (D) Low vision device defined In this paragraph, the term low vision device means a device, prescribed by a physician, that magnifies, enhances, or otherwise augments or interprets visual images irrespective of the size, form, or technological features of such device and does not include ordinary eyeglasses or contact lenses. In the previous sentence, the term ordinary eyeglasses or contact lenses means lenses that are intended to fully correct visual acuity or fully eliminate refractive error. . (f) Definition of durable medical equipment To include eyeglasses, contact lenses, and low vision devices Section 1861(n) of the Social Security Act ( 42 U.S.C. 1395x(n) ) is amended— (1) by striking and before eye tracking and inserting a comma; and (2) by inserting , and eyeglass lenses, low vision devices (as defined in section 1834(a)(25)), eyeglass frames, and contact lenses before ; except . (g) Repeal of ground for exclusion Section 1862(a)(7) of the Social Security Act ( 42 U.S.C. 1395y(a)(7) ) is amended by striking , eyeglasses (other than eyewear described in section 1861(s)(8)) or eye examinations for the purpose of prescribing, fitting, or changing eyeglasses, procedures performed (during the course of any eye examination) to determine the refractive state of the eyes . (h) Effective date The amendments made by this section shall apply to services furnished on or after January 1 of the first year beginning at least six months after the date of the enactment of this Act. 4. Hearing services under Medicare (a) Coverage (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ), as amended by sections 2(a) and 3(a), is amended— (A) in subparagraph (II), by striking and at the end; (B) in subparagraph (JJ), by inserting and at the end; and (C) by adding at the end the following new subparagraph: (KK) audiology services (as defined in subsection (ll)(3)) and hearing services (as defined in subsection (ll)(5)); . (2) Hearing services defined Section 1861(ll) of the Social Security Act ( 42 U.S.C. 1395x(ll) ) is amended— (A) in the subsection heading, by inserting ; Hearing Services after Audiology Services ; and (B) by adding at the end the following new paragraph: (5) The term hearing services means— (A) routine hearing exams and exams for hearing aids; and (B) other necessary services related to hearing health (as defined by the Secretary). . (b) Payment; coinsurance; and limitations (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ), as amended by sections 2(c)(1) and 3(c)91), is amended— (A) by striking and before (FF) ; and (B) by inserting before the semicolon at the end the following: , and (GG) with respect to audiology services (as defined in section 1861(ll)(3)) and hearing services (as defined in section 1861(ll)(5)), the amount paid shall be the payment amount specified under section 1834(bb) . (2) Payment and limits specified Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ), as amended by sections 2(c)(2) and 3(c)(2), is amended by adding at the end the following new subsection: (bb) Payment and limits for hearing services (1) In general The payment amount under this part for audiology services (as defined in section 1861(ll)(3)) and hearing services (as defined in section 1861(ll)(5)), shall be, subject to paragraph (3), the applicable percent (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848. (2) Applicable percent For purposes of paragraph (1), the applicable percent specified in this paragraph is— (A) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; (B) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and (C) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. (3) Secretarial authority (A) Authority to apply limitations The Secretary may apply reasonable limitations on the extent to which audiology services and hearing services are covered under this part, including through application of a prior authorization requirement. (B) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of audiology services and hearing services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. . (c) Payment under the physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ), as amended by sections 2(d) and 3(d), is amended by inserting (2)(KK), after (2)(JJ), . (d) Hearing aids (1) Repeal of ground for exclusion Section 1862(a)(7) of the Social Security Act ( 42 U.S.C. 1395y(a)(7) ), as amended by section 3(g), is amended by striking , hearing aids or examinations therefor, . (2) Definition of durable medical equipment to include hearing aids Section 1861(n) of the Social Security Act ( 42 U.S.C. 1395x(n) ), as amended by section 3(f), is amended by inserting hearing aids, before and eyeglass lenses . (3) Special payment rules for hearing aids Section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) ), as amended by sections 2(e)(2) and 3(e), is amended by adding at the end the following new paragraph: (26) Payment and limits for hearing aids (A) In general The payment amount under this part for hearing aids shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for hearing aids under this section. (B) Applicable percent For purposes of subparagraph (A), the applicable percent specified in this subparagraph is— (i) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; (ii) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and (iii) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. (C) Limitations and Secretarial authority (i) In general Payment may be made under this part for an individual for not more than one hearing aid per ear during a 48-month period. (ii) Secretarial authority (I) Authority to apply additional limitations The Secretary may apply additional limitations on the extent to which hearing aids are covered under this part, including through application of a prior authorization requirement and through application of criteria for a minimum level of hearing loss for coverage of an initial or replacement hearing aid. (II) Authority to modify coverage Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of hearing aids to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. . (e) Effective date The amendments made by this section shall apply to services furnished on or after January 1 of the first year beginning at least six months after the date of the enactment of this Act. 5. Increased FMAP for coverage of dental and oral health services, vision services, and hearing services under Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)— (A) in paragraph (10), by inserting , which may include any dental and oral health service (as defined in section 1861(lll)) after dental services ; (B) in paragraph (13)— (i) in subparagraph (B), by striking ; and and inserting a semicolon; (ii) in subparagraph (C), by striking the semicolon and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (D) any service that is a vision service (as defined in section 1861(mmm)) or a hearing service (as defined in section 1861(ll)(5); ; (2) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (3) by adding at the end the following new subsection: (jj) Increased FMAP for expenditures for dental and oral health services, vision services, and hearing services (1) In general Notwithstanding subsection (b), the Federal medical assistance percentage with respect to amounts expended by a State for medical assistance for services described in paragraph (2) shall be equal to 90 percent. (2) Services described A service described in this paragraph is any service that— (A) is furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this subsection; (B) is not furnished to an individual who is— (i) under the age of 21; and (ii) eligible for medical assistance for the services described in subsection (a)(4)(B); and (C) is— (i) a dental and oral health service (as defined in section 1861(lll)); (ii) a vision service (as defined in section 1861(mmm)); or (iii) a hearing service (as defined in section 1861(ll)(5)). . | https://www.govinfo.gov/content/pkg/BILLS-117s2618is/xml/BILLS-117s2618is.xml |
117-s-2619 | II 117th CONGRESS 1st Session S. 2619 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Marshall (for himself, Mr. Grassley , Ms. Ernst , Mr. Cornyn , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prevent States and local jurisdictions from interfering with the production and distribution of agricultural products in interstate commerce, and for other purposes.
1. Short title This Act may be cited as the Exposing Agricultural Trade Suppression Act . 2. Prohibition against interference by State and local governments with production or manufacture of items in other States (a) Definition of agricultural products In this section, the term agricultural products has the meaning given the term in section 207 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1626 ). (b) Prohibition Consistent with the Commerce Clause of section 8 of article I of the Constitution of the United States, the government of a State or a unit of local government within a State shall not impose a standard or condition on the production or manufacture of any agricultural products sold or offered for sale in interstate commerce if— (1) the production or manufacture occurs in another State; and (2) the standard or condition is in addition to the standards and conditions applicable to the production or manufacture pursuant to— (A) Federal law; and (B) the laws of the State and unit of local government in which the production or manufacture occurs. 3. Federal cause of action to challenge State regulation of interstate commerce (a) Definition of agricultural products In this section, the term agricultural products has the meaning given the term in section 207 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1626 ). (b) Private right of action A person, including a producer, a transporter, a distributer, a consumer, a laborer, a trade association, the Federal Government, a State government, or a unit of local government, that is affected by a regulation of a State or unit of local government that regulates any aspect of 1 or more agricultural products that are sold in interstate commerce, including any aspect of the method of production, or any means or instrumentality through which 1 or more agricultural products are sold in interstate commerce may bring an action in the appropriate court to invalidate that regulation and seek damages for economic loss resulting from that regulation. (c) Preliminary injunction On a motion of the plaintiff in an action brought under subsection (b), the court shall issue a preliminary injunction to preclude the applicable State or unit of local government from enforcing the regulation at issue until such time as the court enters a final judgment in the case, unless the State or unit of local government proves by clear and convincing evidence that— (1) the State or unit of local government is likely to prevail on the merits at trial; and (2) the injunction would cause irreparable harm to the State or unit of local government. (d) Statute of limitations No action shall be maintained under this section unless the action is commenced not later than 10 years after the cause of action arose. (e) Jurisdiction A person described in subsection (b) may bring an action under that subsection in— (1) the district court of the United States for the judicial district in which the person— (A) is affected by a regulation described in that subsection; or (B) resides, operates, or does business; or (2) any other appropriate court otherwise having jurisdiction. | https://www.govinfo.gov/content/pkg/BILLS-117s2619is/xml/BILLS-117s2619is.xml |
117-s-2620 | II 117th CONGRESS 1st Session S. 2620 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Peters (for himself, Mr. Cassidy , Mr. Kaine , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to make college affordable and accessible by expanding access to dual or concurrent enrollment programs and early college high school programs.
1. Short title This Act may be cited as the Making Education Affordable and Accessible Act of 2021 . 2. Dual or concurrent enrollment programs and early college high school Part B of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1138 et seq. ) is amended— (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking fiscal year 2009 and inserting fiscal year 2022 ; and (3) by inserting after section 744 the following: 745. Dual or concurrent enrollment programs and early college high school (a) Purpose The purpose of this section is to expand access for high school students to the opportunities offered in dual or concurrent enrollment programs and early college high school programs established through partnerships between local educational agencies and institutions of higher education that enable such students to earn postsecondary credits while enrolled in a public high school. (b) Definitions In this section: (1) ESEA definitions The terms dual or concurrent enrollment program , early college high school , and high school have the same meaning given to those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (2) Eligible institution The term eligible institution means an institution of higher education that carries out or plans to carry out a dual or concurrent enrollment program or an early college high school program. (c) Grants authorized The Secretary may award grants to eligible institutions to carry out dual or concurrent enrollment programs or early college high school programs. (d) Application An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a description of— (1) the partnership between the eligible institution and each local educational agency involved in carrying out the dual or concurrent enrollment program or early college high school program; and (2) how the eligible institution will expand student access to a dual or concurrent enrollment program or an early college high school program, especially for students described in subsection (e). (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible institutions that will use grant funds for dual or concurrent enrollment programs or early college high school programs that serve students from low-income families, students from rural communities, or first-generation college students (as defined in section 402A(h)). (f) Use of funds An eligible institution that receives a grant under this section shall use the grant funds to carry out a dual or concurrent enrollment program or an early college high school program for students enrolled in a public high school, which may include activities such as— (1) providing educators, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; (2) designing the curriculum and sequence of courses for a dual or concurrent enrollment program or an early college high school program in collaboration with educators from the local educational agency and faculty from the eligible institution; (3) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; (4) establishing outreach programs to provide elementary school and secondary school students, especially those students in middle grades, and their parents, educators, school counselors, and principals information about and academic preparation for a dual or concurrent enrollment program or an early college high school program; (5) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; or (6) coordinating high school transition and postsecondary support services and academic calendars. (g) Flexibility of funds (1) In general Subject to paragraph (2), an eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out a dual or concurrent enrollment program or an early college high school program, including the costs of— (A) tuition and fees, books, and required instructional materials for the program so that students will not be required to pay tuition or fees for postsecondary courses; and (B) transportation to and from the program. (2) Limitation An eligible institution may use not more than 20 percent of grant funds received under this section for transportation costs described in paragraph (1)(B). (h) Evaluation and report (1) In general Each eligible institution receiving a grant under this section shall— (A) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and (B) prepare and submit to the Secretary a report containing the results of the evaluation described in subparagraph (A). (2) Requirements The Secretary may establish requirements for program evaluations. . | https://www.govinfo.gov/content/pkg/BILLS-117s2620is/xml/BILLS-117s2620is.xml |
117-s-2621 | II 117th CONGRESS 1st Session S. 2621 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modernize the tax treatment of derivatives and their underlying investments, and for other purposes.
1. Short title (a) Short title This Act may be cited as the Modernization of Derivatives Tax Act of 2021 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. Modernization of tax treatment of certain derivatives (a) In General Subchapter E of chapter 1 is amended by adding at the end the following new part: IV Tax treatment of derivatives and similar contracts Subpart A. Derivatives Subpart B. Similar contracts A Derivatives Sec. 491. Rules for treatment of derivatives. Sec. 492. Investment hedging units. Sec. 493. Derivative defined. 491. Rules for treatment of derivatives (a) In general For purposes of this title, if there is a taxable event with respect to a derivative or an underlying investment— (1) notwithstanding any other provision of this title, except as provided in subsection (b)(3)(A) or section 1032, gain or loss shall be recognized and taken into account in the taxable year in which the taxable event occurs, and (2) proper adjustment shall be made in the amount of any subsequent gain or loss for gain or loss taken into account by reason of paragraph (1). (b) Rules relating to gain or loss Notwithstanding any other provision of this title— (1) Character and source of gain or loss (A) Character Except as provided in paragraph (3)(A), any item of income, deduction, gain, or loss taken into account under subsection (a) with respect to a taxable event shall be treated as— (i) ordinary income or loss, and (ii) attributable to a trade or business of the taxpayer for purposes of sections 62(a) and 172(d)(4). (B) Source of gain or loss from derivatives In the case of a taxable event with respect to a derivative, any item of income, deduction, gain, or loss taken into account under subsection (a) shall be treated as derived from sources within the country of residence, incorporation, or organization of the taxpayer. (2) Determination of amount (A) In general The amount of gain or loss taken into account under subsection (a) with respect to a taxable event shall be— (i) in the case of a taxable event involving the termination or transfer of a derivative or the sale or exchange of an underlying investment, the amount of gain or loss determined under this title with respect to the taxable event, or (ii) in the case of any other taxable event, the amount of gain or loss which would be determined under this title if, immediately before the taxable event— (I) in the case of a derivative, the derivative were terminated or transferred at its fair market value, or (II) in the case of an underlying investment, the investment were sold or exchanged at its fair market value. (B) Reliance on valuation For purposes of subparagraph (A), the taxpayer may rely on a valuation which is— (i) provided to the taxpayer by a broker under section 6045(b), or (ii) determined under an applicable financial statement. (3) Special rules for taxable events with respect to investment hedging units (A) In general In the case of a taxable event described in subsection (c)(2) with respect to a derivative or underlying investment (other than a termination or transfer of the derivative or the sale or exchange of the underlying investment)— (i) notwithstanding subsection (a), built-in loss (if any) with respect to the derivative or underlying investment shall not be recognized and shall not be taken into account by reason of such taxable event, and (ii) notwithstanding paragraph (1), built-in gain (if any) with respect to the underlying investment shall be treated as long-term or short-term capital gain if the built-in gain would have been so treated if the investment were sold or exchanged at its fair market value immediately before the time that the built-in gain is determined under subparagraph (D). (B) Identification For purposes of this paragraph, the determination of which portions of an underlying investment have been deemed sold or exchanged in a taxable event shall be made in the same manner as if there had been an actual sale or exchange. (C) Built-in loss For purposes of this section, the term built-in loss means, with respect to any derivative or underlying investment in an investment hedging unit, any loss which would have been recognized and taken into account under subsection (a) if the derivative were terminated or transferred, or the underlying investment were sold or exchanged, at its fair market value as of the later of the time that the investment hedging unit was established or the time that the derivative or the underlying investment became part of the investment hedging unit. (D) Built-in gain For purposes of this section, the term built-in gain means, with respect to any underlying investment in an investment hedging unit, any gain which would have been recognized and taken into account under subsection (a) if the underlying investment were sold or exchanged at its fair market value as of the later of the time that the investment hedging unit was established or the time that the underlying investment became part of the investment hedging unit. (c) Taxable event For purposes of this part, the term taxable event means— (1) with respect to any derivative which is not part of an investment hedging unit— (A) the termination or transfer of such derivative, and (B) the close of any taxable year if the taxpayer has rights or obligations with respect to such derivative at such time, and (2) with respect to all derivatives and underlying investments which are part of the same investment hedging unit— (A) the establishment of the investment hedging unit, (B) the termination or transfer of any such derivative, (C) the sale or exchange of all or any portion of any such underlying investment, (D) the entering into of another derivative, or the acquisition of an additional amount of such underlying investment, after the establishment of the investment hedging unit if such derivative or additional amount is treated as part of the investment hedging unit under section 492, and (E) in the case of— (i) an investment hedging unit with respect to which an election is in effect under section 492(b), the close of each business day, and (ii) any other investment hedging unit, the close of any taxable year if the applicable hedging period with respect to such unit includes such close. (3) Termination or transfer For purposes of this part, the term termination or transfer includes, with respect to any derivative, any termination or transfer by offsetting, by taking or making delivery, by exercise or being exercised, by assignment or being assigned, by lapse, by sale or other disposition, by assumption, or otherwise. (d) Treatment of payments with respect to certain derivatives Notwithstanding any other provision of this title— (1) In general Except as provided by the Secretary, in the case of a payment pursuant to a derivative (other than an option)— (A) any item of income, deduction, gain, or loss with respect to the payment shall be taken into account for purposes of this title at the time of the payment, and (B) proper adjustment shall be made in the amount of any subsequent gain or loss for items taken into account by reason of subparagraph (A). This paragraph shall not apply to a payment in connection with a taxable event. (2) Rules relating to character and source of gain or loss In the case of any item of income, deduction, gain, or loss with respect to payments described in paragraph (1)— (A) the rules of subsection (b)(1)(A) shall apply in determining the character of such item, and (B) except as provided in section 871(m), the rule of subsection (b)(1)(B) shall apply in determining the source of such item. (e) Suspension of holding period while underlying investment part of investment hedging unit For purposes of section 1222, in the case of any underlying investment which is part of an investment hedging unit, the holding period for such investment shall not include any period during which the underlying investment is part of such unit. (f) Applicable financial statement For purposes of this part, the term applicable financial statement means— (1) a financial statement which is certified as being prepared in accordance with generally accepted accounting principles and which is— (A) a 10–K (or successor form), or annual statement to shareholders, required to be filed by the taxpayer with the United States Securities and Exchange Commission, (B) an audited financial statement of the taxpayer which is used for— (i) credit purposes, (ii) reporting to shareholders, partners, or other proprietors, or to beneficiaries, or (iii) any other substantial nontax purpose, but only if there is no statement of the taxpayer described in subparagraph (A), or (C) filed by the taxpayer with any other Federal agency for purposes other than Federal tax purposes, but only if there is no statement of the taxpayer described in subparagraph (A) or (B), (2) a financial statement which is made on the basis of international financial reporting standards and is filed by the taxpayer with an agency of a foreign government which is equivalent to the United States Securities and Exchange Commission and which has reporting standards not less stringent than the standards required by such Commission, but only if there is no statement of the taxpayer described in paragraph (1), or (3) a financial statement filed by the taxpayer with any other regulatory or governmental body specified by the Secretary, but only if there is no statement of the taxpayer described in paragraph (1) or (2). 492. Investment hedging units (a) Investment hedging unit For purposes of this part— (1) In general Except as provided in subsection (b)— (A) a taxpayer shall be treated as having an investment hedging unit with respect to an underlying investment during any applicable hedging period with respect to the underlying investment, and (B) subject to paragraph (3), such investment hedging unit shall at any time during the applicable hedging period consist of the following held by the taxpayer at such time: (i) Each derivative with respect to the underlying investment which has a delta with respect to any portion of the underlying investment which is within the range beginning with minus 0.7 and ending with minus 1.0. (ii) Each portion of the underlying investment described in clause (i) with respect to which any derivative has a delta within the range described in clause (i). (2) Applicable hedging period The term applicable hedging period means, with respect to any underlying investment of a taxpayer, a continuous period— (A) beginning with the first time (after a period which is not an applicable hedging period) the taxpayer holds 1 or more of the derivatives with respect to the underlying investment, and 1 or more portions of the underlying investment, which are described in paragraph (1)(B), and (B) ending with the time none of such derivatives and portions are so described. (3) Special rules relating to delta and combining derivatives (A) In general For purposes of this subsection— (i) a derivative with respect to an underlying investment shall be treated as having a delta within the range described in paragraph (1)(B)(i) if the derivative by itself, or in combination with 1 or more other derivatives, has such delta with respect to any portion of such underlying investment, and (ii) the determination under paragraph (1)(B) of which derivatives have such delta, and each portion of the underlying investment with respect to which such derivatives have such delta, shall be made in the manner which results in the largest portion of such underlying investment being so described. (B) Secretarial authority for applicable traded derivatives The Secretary may prescribe regulations or other guidance to modify the rules under subparagraph (A) to simplify the application of such rules to applicable traded derivatives. (4) Applicable traded derivatives For purposes of paragraph (3)— (A) In general The term applicable traded derivative means any listed option or regulated futures contract. (B) Regulated futures contract The term regulated futures contract means a contract— (i) with respect to which the amount required to be deposited and the amount which may be withdrawn depends on a system of marking to market, and (ii) which is traded on (or subject to the rules of) a qualified board or exchange. (C) Listed option The term listed option means any option (other than a right to acquire stock from the issuer) which is traded on (or subject to the rules of) a qualified board or exchange. (D) Qualified board or exchange The term qualified board or exchange means— (i) a national securities exchange which is registered with the Securities and Exchange Commission, (ii) a domestic board of trade designated as a contract market by the Commodity Futures Trading Commission, or (iii) any other exchange, board of trade, or other market which the Secretary determines has rules adequate to carry out the purposes of this part. (b) Election with respect to items included in investment hedging unit (1) In general For purposes of this part, a taxpayer may elect to treat all derivatives with respect to an underlying investment, and all of such underlying investment, as part of an investment hedging unit. (2) Election Any election under this subsection with respect to an underlying investment— (A) shall apply to all derivatives with respect to such underlying investment, and all of such underlying investment, held at any time after the election is made (including during any period such derivatives or underlying investment are not held simultaneously), and (B) shall be irrevocable. (3) Deemed election for taxpayers failing to identify (A) In general If a taxpayer— (i) does not have an election in effect under paragraph (1) with respect to an underlying investment, and (ii) fails to meet the requirements of subsection (c) for testing and identifying derivatives with respect to the underlying investment, the taxpayer shall be treated as having made the election under paragraph (1). (B) Treatment of election For purposes of paragraph (2), a deemed election under this paragraph— (i) shall be treated as made as of the first time the taxpayer fails to meet the requirements of subsection (c) with respect to the underlying investment, and (ii) notwithstanding paragraph (2)(B), may be revoked with the consent of the Secretary. (c) Definitions and rules relating to taxpayers identifying investment hedging units In the case of a taxpayer with respect to which an election is not in effect under subsection (b) with respect to an underlying investment— (1) In general The taxpayer shall, at the times described in paragraph (3), test the derivatives with respect to the underlying investment and make the identifications described in paragraph (2). (2) Identification (A) In general The taxpayer shall identify the following with respect to an underlying investment: (i) Each derivative described in subsection (a)(1)(B)(i). (ii) Each portion of the underlying investment described in subsection (a)(1)(B)(ii). (B) Derivatives and underlying investment not part of investment hedging unit A taxpayer shall identify the derivatives with respect to an underlying investment, and the portions of the underlying investment, which are not required to be identified under subparagraph (A). (C) Portion may include all of underlying investment For purposes of this part, the term portion with respect to any underlying investment identified may include all of the underlying investment. (3) Times identifications required to be made (A) In general The taxpayer shall test and make the identifications required under this subsection at the following times during any continuous period the taxpayer simultaneously holds 1 or more derivatives with respect to an underlying investment and 1 or more portions of the underlying investment: (i) The beginning of the period. (ii) Immediately after the taxpayer (during such period)— (I) enters into another derivative with respect to the underlying investment or acquires an additional amount of such underlying investment, or (II) terminates or transfers 1 or more derivatives with respect to the underlying investment or sells or exchanges any portion of the underlying investment, except that no testing and identification shall be required under this subclause with respect to any such transaction if the taxpayer does not have an investment hedging unit with respect to the underlying investment immediately before such transaction. (iii) Such other times during such period as the Secretary may prescribe by regulations or other guidance. (B) No other times for testing Except as provided by the Secretary, there shall not be taken into account for purposes of this part any testing and identification done by the taxpayer with respect to an underlying investment at a time other than the times required under subparagraph (A). (4) Manner A taxpayer shall be treated as timely making the identifications required under this subsection if the derivatives with respect to, and each portion of, an underlying investment are clearly identified as part of (or as not part of) the investment hedging unit for purposes of this paragraph before the close of the day on which the identification is required (or such other time as the Secretary may prescribe). (5) Treatment of incorrect identification The Secretary shall prescribe regulations or other guidance to properly characterize any income, gain, expense, or loss arising from any derivative or underlying investment which is incorrectly identified under paragraph (2) as being part of, or not being part of, an investment hedging unit. (d) Delta For purposes of this section— (1) In general The term delta means, with respect to any derivative and underlying investment, the ratio of the expected change in the fair market value of the derivative to a very small change in the fair market value of the underlying investment. (2) Method of determination The delta with respect to any derivative with respect to an underlying investment (or any combination of such derivatives) shall be determined— (A) in a commercially reasonable manner, and (B) except as provided by the Secretary, in a manner which is consistent with the manner used by the taxpayer or the taxpayer's broker for purposes of an applicable financial statement. (3) Time for making determination The delta with respect to any derivative and underlying investment shall be determined as of any date the taxpayer is required to make the identifications described in subsection (c). (4) Multiple underlying investments (A) In general Except as provided in subparagraph (B), if the value of a derivative is determined by reference to more than 1 underlying investment, the delta shall be determined separately with respect to each underlying investment. (B) Methods for combinations of underlying investments The Secretary may provide methods for determining the delta of any derivative with respect to combinations of 2 or more underlying investments. (e) Other definitions and rules For purposes of this part— (1) Underlying investment (A) In general The term underlying investment means, with respect to any derivative, any item— (i) which is described in any of the paragraphs (1) through (8) of section 493(a) (or any item substantially the same as any such item), and (ii) by reference to which the value of the derivative, or any payment or other transfer with respect to the derivative, is determined either directly or indirectly. (B) Coordination with section 475 In the case of a dealer in securities to which section 475 applies (and a dealer in commodities with respect to which an election is in effect under section 475(e)), such term shall not include any item which, but for this subparagraph, would be treated as an underlying investment if such item is treated as a security under section 475 (including a commodity treated as a security under section 475(e)). (C) Indirect determinations For purposes of subparagraph (A)(ii), the value of, or any payment or other transfer with respect to, a derivative shall not be treated as indirectly determined by reference to one or more of the items described in paragraphs (1) through (8) of section 493(a) solely because the change in a variable affecting such value, payment, or other transfer also affects the value, level, amount, or calculation of such item or items. (2) Establishment of investment hedging unit A taxpayer shall be treated as having established an investment hedging unit with respect to an underlying investment— (A) in the case of a taxpayer with an election in effect under subsection (b) with respect to the underlying investment, as of the date the election takes effect, and (B) in the case of any other taxpayer, as of the beginning of each applicable hedging period with respect to the underlying investment. (3) Related parties, etc For purposes of this section— (A) Attribution between related persons Any derivative or underlying investment held by a related party (within the meaning of subsection (f)) with respect to the taxpayer shall be treated as held by the taxpayer. (B) Certain pass-through entities If part or all of the income, gain, loss, or expense with respect to a derivative or underlying investment held by a partnership, trust, or other entity would properly be taken into account for purposes of this chapter by the taxpayer, then, except to the extent otherwise provided by the Secretary, such derivative or investment shall be treated as held by the taxpayer. (C) Stock and debt whose value primarily determined by reference to other items Except as provided by the Secretary, if the taxpayer holds an item described in paragraph (1) or (3) of section 493(a) the value of which, or with respect to which any payment or other transfer, is primarily determined by reference to one or more other items described in paragraphs (1) through (8) of section 493(a), then, solely for purposes of this subpart, such item described in paragraph (1) or (3) of section 493(a) shall also be treated as if it were such other item. (f) Related party For purposes of this section— (1) In general A person is a related party to the taxpayer if, with respect to any period during which a derivative or underlying investment is held by such person, such person— (A) is the taxpayer’s spouse, (B) is a dependent of the taxpayer or any other taxpayer with respect to whom the taxpayer is a dependent, (C) is an individual, corporation, partnership, trust, or estate which controls, or is controlled by (within the meaning of section 954(d)(3)), the taxpayer or any individual described in subparagraph (A) or (B) with respect to the taxpayer (or any combination thereof), (D) is an individual retirement plan, Archer MSA (as defined in section 220(d)), or health savings account (as defined in section 223(d)), of the taxpayer or of any individual described in subparagraph (A) or (B) with respect to the taxpayer, (E) is an account under a qualified tuition program described in section 529, an ABLE account (as defined in section 529A(e)(6)), or a Coverdell education savings account (as defined in section 530(b)) if the taxpayer, or any individual described in subparagraph (A) or (B) with respect to the taxpayer, is the designated beneficiary of such account or has the right to make any decision with respect to the investment of any amount in such account, (F) is an account under— (i) a plan described in section 401(a), (ii) an annuity plan described in section 403(a), (iii) an annuity contract described in section 403(b), or (iv) an eligible deferred compensation plan described in section 457(b) and maintained by an employer described in section 457(e)(1)(A), if the taxpayer or any individual described in subparagraph (A) or (B) with respect to the taxpayer has the right to make any decision with respect to the investment of any amount in such account, or (G) files a consolidated return (within the meaning of section 1501) with the taxpayer for any taxable year which includes a portion of such period. (2) Determination of marital status (A) In general Except as provided in subparagraph (B), marital status shall be determined under section 7703. (B) Special rule for married individuals filing separately and living apart A husband and wife who— (i) file separate returns for any taxable year, and (ii) live apart at all times during such taxable year, shall not be treated as married individuals. (g) Regulations The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out this section, including regulations or guidance which require in appropriate cases a taxpayer to bifurcate derivatives described in subsection (d)(4) for purposes of applying this part or which may be necessary to prevent the avoidance of the purposes of subsection (f) (including treating persons as related parties if such persons are formed or availed of to avoid the purposes of such subsection). 493. Derivative defined (a) In general For purposes of this part, except as otherwise provided in this section, the term derivative means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: (1) Any share of stock in a corporation. (2) Any partnership or beneficial ownership interest in a partnership or trust. (3) Any evidence of indebtedness. (4) Except as provided in subsection (b)(1), any real property. (5) Any commodity which is actively traded (within the meaning of section 1092(c)(4)). (6) Any currency. (7) Any rate, price, amount, index, formula, or algorithm. (8) Any other item which the Secretary may prescribe. Except as provided by the Secretary to prevent the avoidance of the purposes of this part, such term shall not include any item described in paragraphs (1) through (8). For purposes of this subsection, the value of, or any payment or other transfer with respect to, a contract shall not be treated as indirectly determined by reference to one or more of the items described in paragraphs (1) through (8) solely because the change in a variable affecting such value, payment, or other transfer also affects the value, level, amount, or calculation of such item or items. (b) Exceptions (1) Certain real property (A) In general For purposes of this part, the term derivative shall not include any contract with respect to interests in real property (as defined in section 856(c)(5)(C)) if such contract requires physical delivery of such real property. (B) Options to settle in cash (i) In general For purposes of subparagraph (A), a contract which provides for an option of cash settlement shall not be treated as requiring physical delivery of real property unless the option is exercisable only in unusual and exceptional circumstances. (ii) Option of cash settlement For purposes of clause (i), a contract provides an option of cash settlement if the contract settles in (or could be settled in) cash or property other than the underlying real property. (2) Hedging transactions (A) In general For purposes of this part, the term derivative shall not include any contract which is part of a hedging transaction (as defined in section 1221(b)). (B) Section 988 hedging transactions For exception for section 988 hedging transactions, see section 988(d)(1). (3) Securities lending, sale-repurchase, and similar financing transactions To the extent provided by the Secretary, for purposes of this part, the term derivative shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction. (4) Options received in connection with the performance of services For purposes of this part, the term derivative shall not include any option described in section 83(e)(3) received in connection with the performance of services. (5) Insurance, annuity, and endowment contracts For purposes of this part, the term derivative shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation). (6) Derivatives with respect to stock of members of same worldwide affiliated group (A) In general For purposes of this part, the term derivative shall not include any derivative (determined without regard to this paragraph) with respect to stock issued by any member of the same worldwide affiliated group in which the taxpayer is a member. (B) Worldwide affiliated group For purposes of this paragraph, the term worldwide affiliated group means a group consisting of— (i) the includible members of an affiliated group (as defined in section 1504(a), determined without regard to paragraph (2) of section 1504(b)), and (ii) all controlled foreign corporations in which such members in the aggregate meet the ownership requirements of section 1504(a)(2) either directly or indirectly through applying paragraph (2) of section 958(a) or through applying rules similar to the rules of such paragraph to stock owned directly or indirectly by domestic partnerships, trusts, or estates. (7) Commodities used in normal course of trade or business For purposes of this part, the term derivative shall not include any contract with respect to any commodity if— (A) such contract requires physical delivery with the option of cash settlement only in unusual and exceptional circumstances, and (B) such commodity is used (and is used in quantities with respect to which such derivative relates) in the normal course of the taxpayer’s trade or business (or, in the case of an individual, for personal consumption). (c) Contracts with embedded derivative components (1) In general If a contract has derivative and nonderivative components, then each derivative component shall be treated as a derivative for purposes of this part. If the derivative component cannot be separately valued, then the entire contract shall be treated as a derivative for purposes of this part. (2) Exception for certain embedded derivative components of debt instruments A debt instrument shall not be treated as having a derivative component merely because— (A) such debt instrument is denominated in a nonfunctional currency (as defined in section 988(c)(1)(C)(ii)), or (B) payments with respect to such debt instrument are determined by reference to the value of a nonfunctional currency (as so defined). (d) Treatment of American Depository Receipts and similar instruments Except as otherwise provided by the Secretary, for purposes of this part, American depository receipts (and similar instruments) with respect to shares of stock in foreign corporations shall be treated as shares of stock in such foreign corporations. B Similar contracts Sec. 494. Tax treatment of contracts similar to derivatives. 494. Tax treatment of contracts similar to derivatives (a) In general For purposes of this title, if there is a taxable transaction with respect to any applicable property interest, then, notwithstanding any other provision of this title other than section 1032, gain or loss attributable to the taxable transaction shall be considered gain or loss from the sale or exchange of property which has the same character as the property to which the applicable property interest relates has (or would have) in the hands of the taxpayer. (b) Definitions For purposes of this section— (1) Applicable property interest The term applicable property interest means any right or obligation with respect to property other than— (A) a derivative (as defined in section 493), or (B) any position in applicable property to which section 1092 applies. (2) Taxable transaction The term taxable transaction means, with respect to any applicable property interest— (A) any termination or transfer (as defined in section 491(c)(3)) of such interest, or (B) any payment in fulfillment or partial fulfillment of such interest. . 3. Coordination of new rules with existing rules (a) Coordination with rules for dealers and traders (1) Derivatives not treated as securities Section 475(c)(2) is amended— (A) by adding and at the end of subparagraph (C), (B) by striking subparagraphs (D) and (E) and by redesignating subparagraph (F) as subparagraph (D), (C) by striking subparagraph (A), (B), (C), (D), or (E) in subparagraph (D)(i), as so redesignated, and inserting subparagraph (A), (B), or (C) , and (D) by amending the last sentence to read as follows: Such term shall not include any derivative to which section 491(a) applies. . (2) Derivatives not treated as commodities Section 475(e)(2) is amended— (A) by adding and at the end of subparagraph (A), (B) by striking subparagraphs (B) and (C) and by redesignating subparagraph (D) as subparagraph (B), and (C) by striking subparagraph (A), (B) or (C) in subparagraph (B)(i), as so redesignated, and inserting subparagraph (A) . (3) Conforming amendments (A) Section 475(b) is amended by striking paragraph (4). (B) Section 475(d)(2)(B) is amended— (i) by striking subsection (c)(2)(F)(iii) and inserting subsection (c)(2)(D)(iii) , and (ii) by striking subsection (c)(2)(F) and inserting subsection (c)(2)(D) . (C) Section 475(f)(1)(D) is amended by striking subsections (b)(4) and (d) and inserting subsection (d) . (b) Coordination with straddle rules (1) In general Section 1092 is amended to read as follows: 1092. Straddles (a) Recognition of loss in case of straddles, etc (1) Limitation on recognition of loss (A) In general Any loss with respect to 1 or more positions shall be taken into account for any taxable year only to the extent that the amount of such loss exceeds the unrecognized gain (if any) with respect to 1 or more positions which were offsetting positions with respect to 1 or more positions from which the loss arose. (B) Carryover of loss Any loss which may not be taken into account under subparagraph (A) for any taxable year shall, subject to the limitations under subparagraph (A), be treated as sustained in the succeeding taxable year. (2) Unrecognized gain For purposes of this subsection— (A) In general The term unrecognized gain means— (i) in the case of any position held by the taxpayer as of the close of the taxable year, the amount of gain which would be taken into account with respect to such position if such position were sold on the last business day of such taxable year at its fair market value, and (ii) in the case of any position with respect to which, as of the close of the taxable year, gain has been realized but not recognized, the amount of gain so realized. (B) Reporting of gain Each taxpayer shall disclose to the Secretary, at such time and in such manner and form as the Secretary may prescribe— (i) each position (whether or not part of a straddle) with respect to which, as of the close of the taxable year, there is unrecognized gain, and (ii) the amount of such unrecognized gain. The Secretary may waive the requirement to report under this subparagraph with respect to any position if such reporting is not required to carry out the purposes of this section. (3) Special rules for physically settled positions For purposes of this subsection, if a taxpayer settles a position which is part of a straddle by delivering property to which the position relates (and such position, if terminated, would result in a realization of a loss), then such taxpayer shall be treated as if such taxpayer— (A) terminated the position for its fair market value immediately before the settlement, and (B) sold the property so delivered by the taxpayer at its fair market value. (b) Regulations The Secretary shall prescribe such regulations with respect to gain or loss on positions which are a part of a straddle as may be appropriate to carry out the purposes of this section and section 263(g). To the extent consistent with such purposes, such regulations shall include rules applying the principles of subsections (a) and (d) of section 1091 and of subsections (b) and (d) of section 1233 (as in effect before their repeal). (c) Definitions and rules relating to straddles For purposes of this section— (1) Straddle defined The term straddle means offsetting positions with respect to applicable property. (2) Offsetting positions A taxpayer holds offsetting positions with respect to applicable property if the taxpayer holds any position which by itself, or in combination with 1 or more other positions held by the taxpayer, has a delta (within the meaning of section 492(d)(1)) with respect to any other position held by the taxpayer which is within the range beginning with minus 0.7 and ending with minus 1.0. For purposes of this paragraph, positions shall be taken into account whether or not they are in the same applicable property. (3) Determination of delta For purposes of this section— (A) Method of determination The delta with respect to any position in applicable property with respect to another position in applicable property (or any combination of such positions) shall be determined in the same manner as under section 492(d)(2). (B) Timing of delta determination and other special rules Rules similar to the rules of paragraphs (3) and (4) of section 492(d) shall apply for purposes of this paragraph. (4) Applicable property and position defined (A) Applicable property The term applicable property means any item which is— (i) described in paragraph (1), (2), (3), (5), (6), (7), or (8) of section 493(a) (or any item substantially the same as any such item), and (ii) of a type which is actively traded. (B) Position (i) In general The term position means an interest in applicable property. (ii) Derivatives excluded Such term shall not include a derivative (as defined in section 493). (C) Stock and debt whose value primarily determined by reference to other items Except as provided in regulations, if the taxpayer holds an item described in paragraph (1) or (3) of section 493(a) the value of which, or with respect to which any payment or other transfer, is primarily determined by reference to one or more other items described in paragraphs (1) through (8) of section 493(a), then, solely for purposes of this section, such item described in paragraph (1) or (3) of section 493(a) shall also be treated as if it were such other item. (5) Positions held by related persons, etc (A) In general In determining whether 2 or more positions are offsetting, the taxpayer shall be treated as holding any position held by a related party (within the meaning of section 492(f)). (B) Certain pass-through entities If part or all of the gain or loss with respect to a position held by a partnership, trust, or other entity would properly be taken into account for purposes of this chapter by a taxpayer, then, except to the extent otherwise provided by the Secretary, such position shall be treated as held by the taxpayer. (6) Special rules for foreign currency (A) Position to include interest in certain debt For purposes of paragraph (4)(B)(i), an obligor's interest in a nonfunctional currency denominated debt obligation is treated as a position in the nonfunctional currency. (B) Actively traded requirement For purposes of paragraph (4)(A)(ii), foreign currency for which there is an active interbank market is presumed to be actively traded. (d) Exception for hedging transactions and investment hedging units This section shall not apply in the case of— (1) any hedging transaction (as defined in section 1221(b)), and (2) any investment hedging unit (as defined in section 492). (e) Cross reference For provisions requiring capitalization of certain interest and carrying charges where there is a straddle, see section 263(g). . (2) Conforming amendments The last sentence of section 246(c)(4) is amended— (A) by inserting (as in effect before its repeal) after section 1092(c)(4) , and (B) by inserting (as so in effect) after section 1092(f) . (c) Debt instruments held by insurance companies (1) In general Subsection (a) of section 1221 is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ; or , and by adding at the end the following: (9) any bond, debenture, note, or certificate or other evidence of indebtedness held by an applicable insurance company (as defined in subsection (b)(5)). . (2) Applicable insurance company Section 1221(b), as amended by this Act, is amended by adding at the end the following: (5) Applicable insurance company For purposes of subsection (a)(9)— (A) In general The term applicable insurance company means, with respect to any taxable year, an insurance company (as defined in the last sentence of section 816(a))— (i) which is subject to tax under section 801(a) or section 831(a), (ii) with respect to which sections 831(b), 835, and 842 do not apply, and (iii) which is not treated as a stock insurance company solely by reason of section 833(a)(1). (B) Permanent treatment by company as ordinary asset If an asset is treated as an asset described in subsection (a)(9) with respect to any applicable insurance company for any taxable year, such asset shall be treated as so described during any subsequent taxable year such asset is held by such company. . (3) Regulations Paragraph (4) of section 1221(b) is amended— (A) by striking The Secretary and inserting: (A) Related parties The Secretary , and (B) by adding at the end the following: (B) Assets of insurance companies The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of subsection (a)(9), including such regulations as may be necessary to prevent the avoidance of Federal income tax through the sale or exchange of assets described in such subsection. . (4) Effective date (A) In general The amendments made by this subsection shall apply to any bond, debenture, note, or certificate or other evidence of indebtedness held or acquired after the 90-day period beginning with the date of the enactment of this Act. (B) Transition rule If a taxpayer has a capital loss carryover to any taxable year of the taxpayer beginning after the close of the 90-day period described in subparagraph (A), the taxpayer shall, in addition to other short-term capital gain of the taxpayer (if any), treat as short-term capital gain (rather than as ordinary income) an amount equal to the lesser of— (i) the net gain (if any) from sales or exchanges during such taxable year of assets to which section 1221(a)(9) of such Code (as added by paragraph (1)) applies, or (ii) the capital loss carryovers to such taxable year from taxable years beginning before the close of such period. (d) RICs allowed net operating loss deduction (1) In general Paragraph (2) of section 852(b) is amended by striking subparagraph (B) and by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (2) Other modifications Paragraph (6) of section 172(d) is amended to read follows: (6) Modifications related to RICs and REITs In the case of any taxable year for which part I or II of subchapter M applies to the taxpayer— (A) the net operating loss for such taxable year shall be computed by taking into account— (i) in the case of a regulated investment company, the adjustments described in section 852(b)(2) (other than the deduction for dividends paid described in subparagraph (C) thereof)), and (ii) in the case of a real estate investment trust, the adjustments described in section 857(b)(2) (other than the deduction for dividends paid described in subparagraph (B) thereof), (B) where such taxable year is a prior taxable year referred to in paragraph (2) of subsection (b), references in such paragraph to taxable income shall be treated as references to— (i) in the case of a regulated investment company, regulated investment company taxable income (as defined in section 852(b)(2)), and (ii) in the case of a real estate investment trust, real estate investment taxable income (as defined in section 857(b)(2)), and (C) subsection (a)(2) shall be applied by treating references to taxable income as references to— (i) in the case of a regulated investment company, regulated investment company taxable income (as defined in section 852(b)(2)) but without regard to the deduction for dividends paid (as defined in section 561), and (ii) in the case of a real estate investment trust, real estate investment taxable income (as defined in section 857(b)(2)) but without regard to the deduction for dividends paid (as defined in section 561). . (3) Conforming amendments (A) Section 443(e)(3) is amended by striking section 852(b)(2)(D) and inserting section 852(b)(2)(C) . (B) Section 852(a)(1)(A) is amended by striking subsection (b)(2)(D) and inserting subsection (b)(2)(C) . (C) Section 4982(e)(1)(A) is amended by striking and (D) and inserting and (C) . (4) Effective date The amendments made by this subsection shall apply to net operating losses for taxable years ending after the 90th day after the date of the enactment of this Act. (e) Nonrecognition of gain or loss from transactions by a corporation with respect to its stock (1) In general Section 1032 is amended to read as follows: 1032. Transactions by a corporation with respect to its stock (a) Nonrecognition on exchange of stock for property No gain or loss shall be recognized to a corporation on the receipt of money or other property in exchange for stock of such corporation. (b) Derivative transactions by a corporation with respect to its stock (1) In general Except as otherwise provided in this subsection, section 1032 derivative items of a corporation shall not be taken into account in determining such corporation’s liability for tax under this subtitle. (2) Income recognition on certain forward contracts (A) In general If— (i) a corporation acquires its stock, and (ii) such acquisition is part of a plan (or series of related transactions) pursuant to which the corporation enters into a forward contract with respect to its stock, such corporation shall include amounts in income as if the excess of the amount to be received under the forward contract over the fair market value of the stock as of the date the corporation entered into the forward contract were original issue discount on a debt instrument acquired on such date. The preceding sentence shall apply only to the extent that the amount of stock involved in the forward contract does not exceed the amount acquired as described in clause (i). (B) Plan presumed to exist If a corporation enters into a forward contract with respect to its stock within the 60-day period beginning on the date which is 30 days before the date that the corporation acquires its stock, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that entering into such contract and such acquisition are not pursuant to a plan or series of related transactions. (c) Section 1032 derivative items For purposes of this section, the term section 1032 derivative item means, with respect to any corporation, any item of income, gain, loss, or deduction if— (1) such item arises out of the rights or obligations under any derivative (as defined in section 493) to the extent such derivative relates to the corporation’s stock (or is attributable to any transfer or extinguishment of any such right or obligation), or (2) such item arises under any other contract or position but only to the extent that such item reflects (or is determined by reference to) changes in the value of such stock or distributions thereon. Such term shall not include any deduction with respect to which section 83(h) applies and shall not include any deduction for any item which is in the nature of compensation for services rendered. For purposes of this subparagraph, de minimis relationships, as determined by the Secretary, shall be disregarded. (d) Coordination with derivative and straddle rules In the case of a derivative or other contract or position described in subsection (c) which is held by a corporation with respect to its stock— (1) this section (rather than part IV of subchapter E or section 1092) shall apply in determining the treatment of section 1032 derivative items under this subtitle, and (2) such derivative or other contract or position shall not be taken into account in determining whether the corporation has an investment hedging unit, applicable property interest, or straddle with respect to its stock for purposes of such part or section. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out the purposes of this section, including regulations or other guidance which treat the portion of an instrument which is described in subsection (c)(1) separately from the portion of such instrument which is not so described. (f) Basis For basis of property acquired by a corporation in certain exchanges for its stock, see section 362. . (2) Clerical amendment The item relating to section 1032 in the table of sections for part III of subchapter O of chapter 1 is amended to read as follows: Sec. 1032. Transactions by a corporation with respect to its stock. . (3) Effective date The amendments made by this subsection shall apply to transactions entered into after the date of the enactment of this Act. 4. Technical and conforming amendments (a) Repeal of certain other superceded rules for determining capital gains and losses (1) In general Part IV of subchapter P of chapter 1 is amended by striking sections 1233, 1234, 1234A, 1234B, 1236, 1256, 1258, 1259, and 1260 (and by striking the items relating to such sections in the table of sections for such part). (2) Conforming amendments related to repeal of section 1234 Section 6045(h)(2) is amended— (A) by striking (as defined in section 1234(b)(2)(A)) , and (B) by adding at the end the following: For purposes of the preceding sentence, the term closing transaction means any termination of the taxpayer’s obligation under an option in property other than through the exercise or lapse of the option. . (3) Conforming amendments related to repeal of section 1236 (A) Section 475(d)(3)(A) is amended by striking or section 1236(b) . (B) Section 512(b)(5) is amended by striking section 1236(c) and inserting section 1058(c) . (C) Section 1058 is amended— (i) by striking (as defined in section 1236(c)) in subsection (a), and (ii) by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Securities For purposes of this section, the term security means any share of stock in any corporation, certificate of stock or interest in any corporation, note, bond, debenture, or evidence of indebtedness, or any evidence of an interest in or right to subscribe to or purchase any of the foregoing. . (4) Conforming amendments related to repeal of section 1256 (A) Section 461(i)(3)(B) is amended to read as follows: (B) any partnership or other entity (other than a corporation which is not an S corporation) if more than 35 percent of the losses of such entity during the taxable year are allocable to limited partners or limited entrepreneurs (within the meaning of subsection (k)(4)), and . (B) Section 475(d)(1) is amended by striking sections 263(g), 263A, and 1256(a) and inserting sections 263(g) and 263A . (C) Section 988(c)(1) is amended by striking subparagraphs (D) and (E). (D) Section 1212 is amended by striking subsection (c). (E) Section 1223 is amended by striking paragraphs (7) and (14). (F) Section 1281(b)(1)(E) is amended to read as follows: (E) is part of a hedging transaction (as defined in section 1221(b)) or an investment hedging unit (as defined in section 492), or . (G) Section 1402 is amended by striking subsection (i). (H) Section 4982(e)(6)(B) is amended by striking sections 1256 and 1296 and inserting sections 491 and 1296 . (5) Conforming amendments related to repeal of section 1259 Section 475(f)(1) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (b) Other conforming amendments (1) Section 355(g)(2)(B)(i)(V) is amended to read as follows: (V) any derivative (as defined in section 493), . (2) Section 856(n)(4) is amended by inserting or derivatives (as defined in section 493) after securities (as defined in section 475(c)(2)) . (3) Section 857(e)(2)(C)(i) is amended by striking section 860E or 1272 and inserting section 491, 860E, or 1272 . (4) Section 988(d)(1) is amended— (A) by striking or 1256 and inserting or 491 , and (B) by striking 1092, and 1256 and inserting 491, and 1092 . (5) Section 1091(e) is amended to read as follows: (e) Coordination with mark to market of derivatives and underlying investments For purposes of this section, the term stock or securities shall not include— (1) any derivative (as defined in section 493), or (2) any underlying investment (as defined in section 492(e)(1)) which, at the time of the sale or other disposition, is part of an investment hedging unit (as defined in section 492). . (6) (A) Section 1221(a)(6) is amended to read as follows: (6) any— (A) derivative (as defined in section 493), or (B) any underlying investment (as defined in section 492(e)(1)) which is part of an investment hedging unit (as defined in section 492), . (B) Section 1221(b) is amended by striking paragraph (1). (7) Section 4975(f)(11)(D) is amended by striking clauses (i) and (ii) and inserting the following: (i) Security The term security means any security described in section 475(c)(2) (without regard to subparagraph (D)(iii) thereof) and any derivative with respect to such a security (within the meaning of section 493). (ii) Commodity The term commodity means any commodity described in section 475(e)(2) (without regard to subparagraph (B)(iii) thereof) and any derivative with respect to such a commodity (within the meaning of section 493). . (8) The table of parts for subchapter E of chapter 1 is amended by adding at the end the following new item: Part IV. Tax treatment of derivatives and similar contracts . 5. Effective dates (a) In general Except as provided in this Act— (1) the amendments made by section 2 shall apply to taxable events occurring after the 90-day period beginning with the date of the enactment of this Act, in taxable years ending after the last day of such period, and (2) the amendments made by sections 3 and 4 shall apply to derivatives and underlying investments held after the last day of such period. (b) Identification requirements If, as of the close of the 90-day period described in subsection (a)(1), a taxpayer simultaneously holds 1 or more derivatives with respect to an underlying investment and the underlying investment— (1) the taxpayer shall make the identifications required under section 492(c)(2) of Internal Revenue Code of 1986 (as added by section 2 of this Act) before the close of such period, and (2) if such identifications result in an investment hedging unit, the first applicable hedging period with respect to such unit shall begin on the day after the close of such period. (c) Definitions For purposes of this section, any term used in this section which is also used in part IV of subchapter E of chapter 1 of such Code (as so added) shall have the same meaning as when used in such part. | https://www.govinfo.gov/content/pkg/BILLS-117s2621is/xml/BILLS-117s2621is.xml |
117-s-2622 | II 117th CONGRESS 1st Session S. 2622 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Carper (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX and XXI of the Social Security Act to provide coverage of comprehensive tobacco cessation services under such titles, and for other purposes.
1. Short title This Act may be cited as the Quit Because of COVID–19 Act . 2. Coverage of comprehensive tobacco cessation services in Medicaid (a) Requiring Medicaid coverage of counseling and pharmacotherapy for cessation of tobacco use and temporary enhanced FMAP for coverage of tobacco cessation services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) by amending subsection (a)(4)(D) to read as follows: (D) counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan (as defined in subsection (bb)); ; (2) in subsection (b), by inserting (bb)(2), after (aa), ; and (3) by striking subsection (bb) and inserting the following: (bb) Counseling and pharmacotherapy for cessation of tobacco use (1) In general For purposes of this title, the term counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan means diagnostic, therapy, and counseling services and pharmacotherapy (including the coverage of prescription and nonprescription tobacco cessation agents approved by the Food and Drug Administration) for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that is furnished— (A) by or under the supervision of a physician; or (B) by any other health care professional who— (i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and (ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose; which is recommended in the guideline entitled, Treating Tobacco Use and Dependence: 2008 Update: A Clinical Practice Guideline published by the Public Health Service in May 2008 (or any subsequent modification of such guideline) or is recommended for the cessation of tobacco use by the U.S. Preventive Services Task Force or any additional intervention approved by the Food and Drug Administration as safe and effective in helping smokers quit. (2) Temporary enhanced FMAP for coverage of tobacco cessation services Notwithstanding subsection (b), for calendar quarters occurring during the period beginning on the date of the enactment of this paragraph and ending 2 years after the last day of the emergency period described in section 1135(g)(1)(B), the Federal medical assistance percentage with respect to amounts expended by a State for medical assistance for counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan (as defined in paragraph (1)) shall be equal to 100 percent. . (b) No cost sharing (1) In general Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) are each amended— (A) in subparagraph (B), by striking , and counseling and all that follows through section 1905(bb)(2)(A) ; (B) by adjusting the left margins of subparagraphs (H) and (I) so as to align with the left margin of subparagraph (G); (C) in subparagraph (H), by striking or at the end; (D) in subparagraph (I), by striking ; and and inserting ; or ; and (E) by adding at the end the following new subparagraph: (J) counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan (as defined in section 1905(bb)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section 1905(bb); and . (2) Application to alternative cost sharing Section 1916A(b)(3)(B) of the Social Security Act ( 42 U.S.C. 1396o–1(b)(3)(B) ) is amended— (A) in clause (iii), by striking , and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in section 1905(bb)) ; (B) by adjusting the left margins of clauses (xii) and (xiii) so as to align with the left margin of clause (xi); and (C) by adding at the end the following new clause: (xiv) Counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State plan (as defined in section 1905(bb)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section 1905(bb). . (c) Exception from optional restriction under Medicaid prescription drug coverage Section 1927(d)(2)(F) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(F) ) is amended to read as follows: (F) Nonprescription drugs, except, when recommended in accordance with the guideline referred to in section 1905(bb), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation. . (d) State monitoring and promoting of comprehensive tobacco cessation services under Medicaid Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in paragraph (86), by striking at the end and ; (2) in paragraph (87), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (87) the following new paragraph: (88) provide for the State to monitor and promote the use of comprehensive tobacco cessation services under the State plan (including conducting an outreach campaign to increase awareness of the benefits of using such services) among— (A) individuals entitled to medical assistance under the State plan who use tobacco products; and (B) clinicians and others who provide services to individuals entitled to medical assistance under the State plan. . (e) Federal reimbursement for outreach campaign Section 1903(a) of the Social Security Act ( 42 U.S.C. 1396b(a) ) is amended— (1) in paragraph (7), by striking the period at the end and inserting ; plus ; and (2) by inserting after paragraph (7) the following new paragraph: (8) with respect to the development, implementation, and evaluation of an outreach campaign to— (A) increase awareness of comprehensive tobacco cessation services covered in the State plan among— (i) individuals who are likely to be eligible for medical assistance under the State plan; and (ii) clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State plan; and (B) increase awareness of the benefits of using comprehensive tobacco cessation services covered in the State plan among— (i) individuals who are likely to be eligible for medical assistance under the State plan; and (ii) clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State plan about the benefits of using comprehensive tobacco cessation services; for calendar quarters occurring during the period beginning on the date of the enactment of this paragraph and ending on 2 years after the last day of the emergency period described in section 1135(g)(1)(B), an amount equal to 100 percent of the sums expended during each quarter which are attributable to such development, implementation, and evaluation, and for calendar quarters succeeding such period, an amount equal to Federal medical assistance percentage determined under section 1905(b) of the sums expended during each quarter which are so attributable. . (f) No prior authorization for tobacco cessation drugs under Medicaid Section 1927(d) of the Social Security Act ( 42 U.S.C. 1396r–8(d) ) is amended— (1) in paragraph (1)(A), by striking A State and inserting Subject to paragraph (8), a State ; and (2) by adding at the end the following new paragraph: (8) No prior authorization programs for tobacco cessation drugs A State plan may not require, as a condition of coverage or payment for a covered outpatient drug, the approval of an agent to promote smoking cessation (including agents approved by the Food and Drug Administration) or tobacco cessation. . (g) Exclusion of enhanced payments from territorial caps Notwithstanding any other provision of law, for purposes of section 1108 of the Social Security Act ( 42 U.S.C. 1308 ), with respect to any additional amount paid to a territory as a result of the application of section 1905(bb)(2) of the Social Security Act ( 42 U.S.C. 1396d(bb)(2) )— (1) the limitation on payments to territories under subsections (f) and (g) of such section 1108 shall not apply to such additional amounts; and (2) such additional amounts shall be disregarded in applying such subsections. (h) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins on or after the date of enactment of this Act. 3. Coverage of comprehensive tobacco cessation services in CHIP (a) Requiring CHIP coverage of counseling and pharmacotherapy for cessation of tobacco use (1) In general Section 2103(c)(2) of the Social Security Act ( 42 U.S.C. 1397cc(c)(2) ) is amended by adding at the end the following new subparagraph: (D) Counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State child health plan. . (2) Counseling and pharmacotherapy for cessation of tobacco use defined Section 2110(c) of the Social Security Act ( 42 U.S.C. 1397jj(c) ) is amended by adding at the end the following new paragraph: (10) Counseling and pharmacotherapy for cessation of tobacco use The term counseling and pharmacotherapy for cessation of tobacco use means diagnostic, therapy, and counseling services and pharmacotherapy (including the coverage of prescription and nonprescription tobacco cessation agents approved by the Food and Drug Administration) for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished— (A) by or under the supervision of a physician; or (B) by any other health care professional who— (i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and (ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose; which is recommended in the guideline entitled, Treating Tobacco Use and Dependence: 2008 Update: A Clinical Practice Guideline published by the Public Health Service in May 2008 (or any subsequent modification of such guideline) or is recommended for the cessation of tobacco use by the U.S. Preventive Services Task Force or any additional intervention approved by the Food and Drug Administration as safe and effective in helping smokers quit. . (b) No cost sharing Section 2103(e) of the Social Security Act ( 42 U.S.C. 1397cc(e) ) is amended by adding at the end the following new paragraph: (5) No cost sharing on benefits for counseling and pharmacotherapy for cessation of tobacco use The State child health plan may not impose deductibles, coinsurance, or other cost sharing with respect to benefits for counseling and pharmacotherapy for cessation of tobacco use (as defined in section 2110(c)(10)) and prescription drugs that are covered under a State child health plan that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section 2110(c)(10)(B). . (c) Exception from optional restriction under CHIP prescription drug coverage Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc ) is amended by adding at the end the following new subsection: (g) Exception from optional restriction under CHIP prescription drug coverage The State child health plan may exclude or otherwise restrict nonprescription drugs, except, in the case of— (1) pregnant women when recommended in accordance with the guideline specified in section 2110(c)(10)(B), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation; and (2) individuals who are eligible under the State child health plan when recommended in accordance with the Guideline referred to in section 2110(c)(10)(B), agents approved by the Food and Drug Administration under the over-the-counter monograph process for purposes of promoting tobacco cessation. . (d) State monitoring and promoting of comprehensive tobacco cessation services under CHIP Section 2102 of the Social Security Act ( 42 U.S.C. 1397bb ) is amended by adding at the end the following new subsection: (d) State monitoring and promoting of comprehensive tobacco cessation services under CHIP A State child health plan shall include a description of the procedures to be used by the State to monitor and promote the use of comprehensive tobacco cessation services under the State plan (including conducting an outreach campaign to increase awareness of the benefits of using such services) among— (1) individuals entitled to medical assistance under the State child health plan who use tobacco products; and (2) clinicians and others who provide services to individuals entitled to medical assistance under the State child health plan. . (e) Federal reimbursement for CHIP coverage and outreach campaign (1) In general Section 2105(a) of the Social Security Act ( 42 U.S.C. 1397ee(a) ) is amended by adding at the end the following new paragraph: (5) Federal reimbursement for CHIP coverage of comprehensive tobacco cessation services and outreach campaign In addition to the payments made under paragraph (1) for calendar quarters occurring during the period beginning on the date of the enactment of this paragraph and ending on 2 years after the last day of the emergency period described in section 1135(g)(1)(B), the Secretary shall pay— (A) an amount equal to 100 percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the State child health plan (net of any payments made to the State under paragraph (1) with respect to such counseling and pharmacotherapy); plus (B) an amount equal to 100 percent of the sums expended during each quarter which are attributable to the development, implementation, and evaluation of an outreach campaign to— (i) increase awareness of comprehensive tobacco cessation services covered in the State child health plan among— (I) individuals who are likely to be eligible for medical assistance under the State child health plan; and (II) clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State child health plan; and (ii) increase awareness of the benefits of using comprehensive tobacco cessation services covered in the State child health plan among— (I) individuals who are likely to be eligible for medical assistance under the State child health plan; and (II) clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State child health plan about the benefits of using comprehensive tobacco cessation services. . (2) Adjustment of chip allotments Section 2104(m) of the Social Security Act ( 42 U.S.C. 1397dd(m) ) is amended— (A) in paragraph (2)(B), by striking and (12) and inserting (12), and (13) ; and (B) by adding at the end the following new paragraph: (13) Adjusting allotments to account for Federal payments for CHIP coverage of comprehensive tobacco cessation services and outreach campaign If a State (including the District of Columbia and each commonwealth and territory) receives a payment for a fiscal year under section 2105(a)(5), the allotment determined for the State for such fiscal year shall be increased by the amount of such payment. . (f) No prior authorization for tobacco cessation drugs under CHIP Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc ), as amended by subsection (c), is further amended— (1) in subsection (c)(2)(A), by inserting (in accordance with subsection (h) after Coverage of prescription drugs ; and (2) by adding at the end the following new subsection: (h) No prior authorization programs for tobacco cessation drugs A State child health plan may not require, as a condition of coverage or payment for a prescription drugs, the approval of an agent to promote smoking cessation (including agents approved by the Food and Drug Administration) or tobacco cessation. . (g) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins on or after the date of enactment of this Act. 4. Rule of construction None of the amendments made by this Act shall be construed to limit coverage of any counseling or pharmacotherapy for individuals under 18 years of age. | https://www.govinfo.gov/content/pkg/BILLS-117s2622is/xml/BILLS-117s2622is.xml |
117-s-2623 | II 117th CONGRESS 1st Session S. 2623 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Rounds (for himself, Mr. Barrasso , Mr. Booker , Mr. Daines , Mr. Hagerty , Mrs. Hyde-Smith , Ms. Lummis , and 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 Federal Meat Inspection Act to modify requirements for a meat food product of cattle to bear a Product of U.S.A. label, and for other purposes.
1. Short title This Act may be cited as the U.S.A. Beef Act . 2. Product of U.S.A. label for beef Section 7 of the Federal Meat Inspection Act ( 21 U.S.C. 607 ) is amended by adding at the end the following: (g) Product of the United States label for beef (1) In general Subject to paragraph (2), the label of meat of cattle or a meat food product of cattle may bear the phrase Product of U.S.A. , or any substantially similar word or phrase, only if the meat or meat food product is exclusively derived from 1 or more cattle exclusively born, raised, and slaughtered in the United States. (2) Inapplicability Paragraph (1) shall not apply to meat of cattle or a meat food product of cattle that is intended and offered for export to a foreign country. . | https://www.govinfo.gov/content/pkg/BILLS-117s2623is/xml/BILLS-117s2623is.xml |
117-s-2624 | II 117th CONGRESS 1st Session S. 2624 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2022, and for other purposes.
1. Short title This Act may be cited as the Fiscal Year 2022 Veterans Affairs Major Medical Facility Authorization Act . 2. Authorization of major medical facility projects of Department of Veterans Affairs for fiscal year 2022 (a) In general The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2022 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Restoration and consolidation of the Gulfport Hospital in Biloxi, Mississippi, in an amount not to exceed $341,500,000. (2) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $443,900,000. (3) Construction of a spinal cord injury center in Dallas, Texas, in an amount not to exceed $292,239,000. (4) Construction of a new health care center in El Paso, Texas, in an amount not to exceed $150,000,000. (5) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $387,300,000. (6) Construction of a new medical facility in Louisville, Kentucky, in an amount not to exceed $953,000,000. (7) Construction of a new surgical intensive care unit and renovated operating rooms in Oklahoma City, Oklahoma, in an amount not to exceed $47,564,000. (8) Seismic retrofit and renovation of buildings 100 and 101 in Portland, Oregon, in an amount not to exceed $20,000,000. (9) Construction of a spinal cord injury building with a community living center, including a parking garage, in San Diego, California, in an amount not to exceed $262,100,000. (10) Construction of a new research facility in San Francisco, California, in an amount not to exceed $254,880,000. (11) Replacement bed tower and clinical building expansion in St. Louis, Missouri, in an amount not to exceed $135,340,000. (12) Construction of a new critical care center in West Los Angeles, California, in an amount not to exceed $115,790,000. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2022 or the year in which funds are appropriated for the Construction, Major Projects account, $3,403,613,000 for the projects authorized in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2624is/xml/BILLS-117s2624is.xml |
117-s-2625 | II 117th CONGRESS 1st Session S. 2625 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Duckworth (for herself, Ms. Warren , Mr. Durbin , Mr. Warnock , Mr. Casey , Mr. Luján , Mr. Cardin , Ms. Baldwin , Mr. Van Hollen , Ms. Smith , Ms. Klobuchar , Ms. Hirono , Mr. Brown , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Care Access Means Parents In School Program under the Higher Education Act of 1965.
1. Short title This Act may be cited as the Child Care Access Means Parents In Schools Reauthorization Act or the CCAMPIS Reauthorization Act . 2. Child care access means parents in school Section 419N of the Higher Education Act of 1965 ( 20 U.S.C. 1070e ) is amended to read as follows: 419N. Child care access means parents in school (a) Purpose The purpose of this section is to facilitate the success of eligible student parents in postsecondary education through the provision of subsidized child care services, including campus-based child care services. (b) Program authorized (1) Authority The Secretary may award grants to eligible institutions to assist the eligible institutions in providing child care services to eligible student parents. (2) Amount of grants and supplemental awards (A) Minimum grant amount A grant under this section shall be awarded in an amount that is not less than $75,000 per year. (B) Maximum grant amount A grant under this section shall be awarded in an amount that is not more than $2,000,000 per year. (3) Duration; renewal; and payments (A) Duration The Secretary shall award a grant under this section for a period of 5 years. (B) Payments Subject to subsection (g)(2), the Secretary shall make annual grant payments under this section. (C) Supplemental grants The Secretary may consider applications from an eligible institution that receives grant funds under this section for additional funds in any subsequent fiscal year, if such institution demonstrates the need for such additional funds, subject to the maximum grant amount under paragraph (2)(B) and the duration of the original grant under subparagraph (A). (4) Definition of eligible institution In this section, the term eligible institution means— (A) an institution of higher education, as defined in section 101, with respect to which, the total number of students eligible for a Federal Pell Grant enrolled at the institution of higher education in the most recently completed award year was equal to or greater than 150; or (B) a consortia of institutions of higher education, each as defined in section 101, and with respect to which, the total number of students eligible for a Federal Pell Grant enrolled at each institution of higher education in such consortia in the most recently completed award year was equal to or greater than 150. (c) Use of funds (1) In General An eligible institution receiving a grant under this section shall use such grant funds to support accessible high-quality child care services for eligible student parents enrolled at such institution by carrying out 1 or more of the following activities: (A) Establishing a campus-based child care program primarily serving the needs of eligible student parents enrolled at the institution of higher education. (B) Providing subsidized child care using a sliding fee scale for eligible student parents. (C) Providing subsidized and accessible before and after school services for children of eligible student parents. (2) Permitted uses In addition to the required activities described in paragraph (1), an eligible institution receiving a grant under this section may use such grant fund to carry out 1 or more of the following activities: (A) Providing support services for eligible student parents. (B) Enhancing the quality of campus-based child care services, including through improvements to— (i) move to the next tier or level of the State tiered and transparent system for measuring the quality of child care providers; (ii) implement the training and professional development required for child care providers of the campus-based child care services under section 658E(c)(2)(G) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(G) ) in the State in which the institution is located; or (iii) implement quality improvements toward achieving accreditation from an accrediting agency or association recognized by the Secretary pursuant to part H of title IV. (3) Prohibition Funds under this section shall not be used for construction, except for renovation or repair to meet applicable State or local health or safety requirements. (4) Rule of construction Nothing in this section shall be construed to— (A) prohibit an institution of higher education that receives grant funds under this section from serving the child care needs of the community served by such institution; or (B) permit the application of additional eligibility requirements for eligible student parents to participate in or receive child care services provided through a program using grant funds under this section beyond the requirements described in paragraph (5), including any additional requirements related to work, academic progress, or enrollment intensity. (5) Definition of eligible student parent Notwithstanding any other provision of law, and for the purpose of this section, the term eligible student parent means a student— (A) who is the parent or guardian of 1 or more dependent child; (B) who is enrolled in an institution of higher education; and (C) who— (i) is eligible to receive a Federal Pell Grant for the award year for which the determination is made; or (ii) who meets the financial eligibility criteria for receiving a Federal Pell Grant under section 401 but is not eligible for a Federal Pell Grant because— (I) the student has not completed the Free Application for Federal Student Aid described in section 483; (II) the student does not meet the eligibility requirements of section 484; or (III) the student is enrolled in a graduate or first professional course of study. (6) Publicity The Secretary shall publicize the availability of grants under this section, in addition to publication in the Federal Register, and shall inform appropriate educational, nonprofit, and child care organizations of such availability. (7) Special rule Any assistance provided to eligible student parents from grants provided under this section shall not be treated as other financial assistance for the purposes of section 471. (d) Applications An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall— (1) demonstrate that the institution is an eligible institution described in subsection (b)(4); (2) specify the amount of funds requested; (3) demonstrate the need of eligible student parents at the institution for accessible and affordable child care services by including in the application— (A) information regarding student demographics; (B) an assessment of child care capacity on or near campus; (C) information regarding the existence of waiting lists for child care services on or near campus; (D) information regarding additional needs created by concentrations of poverty or by geographic isolation; and (E) other relevant data; (4) contain a description of the activities to be assisted, including whether the grant funds will support an existing child care program or a new child care program; (5) identify the resources, including technical expertise and financial support, the institution will draw upon to support the child care program and the participation of eligible student parents in the program (such as accessing social services funding, using student activity fees to help pay the costs of child care, using resources obtained by meeting the needs of parents who are not eligible student parents, and accessing foundation, corporate, or other institutional support) and demonstrate that the use of the resources will not result in increases in student tuition and fees; (6) contain an assurance that the institution will meet the child care needs of eligible student parents through the provision of services, or through a contract for the provision of services; (7) describe the extent to which the child care program will coordinate with the institution’s early childhood education curriculum, to the extent the curriculum is available, to meet the needs of the students in the early childhood education program at the institution, and the needs of the parents and children participating in the child care program assisted under this section; (8) in the case of an institution seeking assistance for a new child care program— (A) provide a timeline, covering the period from receipt of the grant through the provision of the child care services, delineating the specific steps the institution will take to achieve the goal of providing eligible student parents with child care services; (B) specify any measures the institution will take to assist eligible student parents with child care during the period before the institution provides child care services; (C) include a plan for identifying resources needed for the child care services, including space in which to provide child care services, and technical assistance if necessary; and (D) include plans to assure quality of campus-based child care facilities; (9) in the case of an institution seeking assistance for a campus-based child care program in existence on the date of the application— (A) provide information regarding the number of eligible student parents served through campus-based child care on such date; (B) provide information on the age groups of children to be served; (C) specify any measures the institution will take to assist eligible student parents who are waitlisted for the campus-based child care program; (D) provide information regarding the application of subsidies or a sliding fee scale for child care services; (E) specify what staff positions will be supported by funding under this section, and how those staff positions support the purpose under subsection (a); (F) provide information on the total number of children served by the campus-based child care program, and number of children of students served; and (G) specify if funding will be used to enhance program quality as described in subsection (c)(2)(B); (10) in the case of an institution seeking assistance that will contract for the provision of child care services— (A) provide information on the age groups of children to be served; (B) provide information regarding the application of subsidies or a sliding fee scale for child care services; and (C) provide information regarding parameters the institution will use in selecting child care providers in contracting for the provision of services, including— (i) assessment of program quality; and (ii) geographic location; (11) contain an assurance that any child care facility assisted under this section will meet the applicable State and local government licensing, certification, approval, or registration requirements; (12) describe how information regarding the availability of subsidized child care will be provided to students; (13) contain an assurance that the institution will assist student parents receiving child care services provided under this section in enrolling in Federal, State, Tribal, or local means-tested benefits programs for which they may be eligible, including— (A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), a nutrition assistance program carried out under section 19 of such Act ( 7 U.S.C. 2028 ), or a nutrition assistance program carried out by the Secretary of Agriculture in the Northern Mariana Islands; (B) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (C) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (D) 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 ); (E) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (F) Federal housing assistance programs, including tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ); (G) Federal child care assistance programs, including assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. ); (H) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (I) refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986; (J) the earned income tax credit under section 32 of the Internal Revenue Code of 1986; (K) the child tax credit under section 24 of the Internal Revenue Code of 1986; and (L) any other means-tested Federal program determined by the Secretary to be appropriate; (14) contain an abstract summarizing the contents of such application and how the institution intends to achieve the purpose under subsection (a); (15) contain a plan for any child care program assisted under this section to, not later than 3 years after the date the institution first receives assistance under this section— (A) attain accreditation from an accrediting agency or association that provides accreditation to child care services; or (B) move to the top tier or level of the State tiered and transparent system for measuring the quality of child care providers that meets a similar level of quality standards as accreditation of an accrediting agency or association that provides accreditation to child care services; and (16) contain an assurance that the institution will not impose additional eligibility requirements on eligible student parents to participate in or receive child care services provided under this section beyond the requirement of subsection (c)(5), including any requirements related to work, academic progress, or enrollment intensity. (e) Technical assistance The Secretary may provide technical assistance— (1) to eligible institutions to help such institutions qualify for, apply for, and maintain a grant under this section; and (2) to institutions receiving grants under this section to help such institutions meet the reporting requirements described in subsection (g). (f) Priority (1) In general The Secretary shall give priority in awarding grants under this section to eligible institutions that submit applications describing programs that— (A) leverage local or institutional resources, including in-kind contributions, to support the activities assisted under this section; (B) utilize a sliding fee scale for child care services provided under this section in order to support a high number of eligible student parents pursuing postsecondary education at the institution; and (C) provide additional resources or supports to students who are single parents. (2) Limitation The Secretary may not establish a priority in awarding grants under this section to eligible institutions that— (A) propose projects solely with off-campus child care providers; or (B) that are designed to support 2 or more child care providers. (g) Reporting requirements; continuing eligibility (1) Reporting requirements Each eligible institution receiving a grant under this section shall report to the Secretary annually information on— (A) the population of eligible student parents who received child care services under this section, including— (i) the number of such eligible student parents, disaggregated by full- and part-time status; (ii) information on such eligible student parents, including demographic information disaggregated by— (I) sex; (II) status as a single parent; (III) race and ethnicity; (IV) age groups of the dependents of such single parents; (V) classification as a student with a disability; (VI) recipients of educational assistance under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs; (VII) status as a first-generation college student; and (VIII) levels of degree or credential pursued by such eligible student parents; and (iii) the number of such eligible student parents who— (I) remain enrolled at the institution during the academic year for which they received such services; (II) remain enrolled at the institution during the subsequent academic year after which they first received such services; (III) graduate from the institution during the academic year for which they received such services; (IV) transfer to a different institution during the academic year for which they received such services; or (V) withdrew from the institution during the academic year for which they received such services; (B) the fee structure for eligible student parents to receive child care services under this section, including any sliding scale; (C) the percentage of the institution’s grant that was used directly to subsidize any fees charged for— (i) campus-based child care services for eligible student parents; and (ii) off-campus child care services for eligible student parents; (D) information on institutional or local resources, including in-kind contributions, leveraged to help eligible student parents access child care services; and (E) the relevant quality information of the child care services supported by a grant under this section, including— (i) the name of the accrediting agency or association that is providing accreditation to such child care services, if applicable; and (ii) the tier or level of the State tiered and transparent system for measuring the quality of child care providers that is associated with such child care services, if applicable. (2) Continuing eligibility The Secretary shall make continuation awards under this section to an institution of higher education only if the Secretary determines, on the basis of the reports submitted under paragraph (1), that the institution is making a good faith effort to ensure that eligible student parents at the institution have access to affordable, quality child care services. (3) Report (A) Report required On an annual basis, the Secretary shall make publicly available a report that includes a summary of the information described in paragraph (1). (B) Stakeholder consultation The Secretary shall work with relevant stakeholders to determine the manner in which the data described under paragraph (1) and summarized under subparagraph (A) is collected. (h) Nondiscrimination No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or sex stereotype), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by any program funded, in whole or in part, with funds made available under this section or with amounts appropriated for grants, contracts, or certificates administered with such funds. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2022 and each succeeding fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-117s2625is/xml/BILLS-117s2625is.xml |
117-s-2626 | II 117th CONGRESS 1st Session S. 2626 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Klobuchar (for herself, Mr. Padilla , Mr. Ossoff , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To enhance protections for election records.
1. Short title This Act may be cited as the Protecting Election Administration from Interference Act of 2021 . 2. Enhancement of protections for election records, papers, and equipment (a) Preservation of records, paper, and equipment Section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ) is amended— (1) by striking Every officer and inserting the following: (a) In general Every officer ; (2) by striking records and papers and inserting records (including electronic records), papers, and election equipment each place the term appears; (3) by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian ; (5) by inserting , or acts in reckless disregard of, after fails to comply with ; and (6) by inserting after subsection (a) the following: (b) Election equipment The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance Not later than 1 year after the date of the enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records (including electronic records), papers, and election equipment in compliance with subsections (a) and (b). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records (including electronic records), papers, and election equipment described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General. . (b) Penalty Section 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 ) is amended— (1) by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, after or alters ; and (2) by striking record or paper and inserting record (including electronic record), paper, or election equipment . (c) Inspection, reproduction, and copying Section 303 of the Civil Rights Act of 1960 ( 52 U.S.C. 20703 ) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment” each place the term appears. (d) Nondisclosure Section 304 of the Civil Rights Act of 1960 ( 52 U.S.C. 20704 ) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment”. (e) Jurisdiction To compel production Section 305 of the Civil Rights Act of 1960 ( 52 U.S.C. 20705 ) is amended by striking record or paper and inserting “record (including electronic record), paper, or election equipment”. 3. Judicial review for election records Title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ), is amended— (1) by redesignating section 306 as section 307; and (2) by inserting after section 305 the following: 306. Judicial review to ensure compliance (a) Right of action The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (b) Duty To expedite It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and appeal under this section. . 4. Criminal penalties for intimidation of tabulation, canvass, or certification efforts Section 12(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511(1) ) is amended— (1) in subparagraph (B), by striking or at the end; and (2) by adding at the end the following: (D) processing or scanning of ballots, or tabulating, canvassing, or certifying voting results; or . | https://www.govinfo.gov/content/pkg/BILLS-117s2626is/xml/BILLS-117s2626is.xml |
117-s-2627 | II 117th CONGRESS 1st Session S. 2627 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve assistance for veterans with travel necessary for counseling, mental health services, health care, and others services furnished by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Rural Veterans Travel Enhancement Act of 2021 . 2. Making permanent authority for secretary of veterans affairs to transport individuals to and from department facilities Section 111A(a) of title 38, United States Code is amended— (1) by striking paragraph (2); and (2) in paragraph (1), by striking (1) . 3. Permanent extension of authorization of appropriations for grants for veterans service organizations for transportation of highly rural veterans Section 307(d) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1710 note) is amended to read as follows: (d) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (1) $3,000,000 for each of fiscal years 2010 through 2022. (2) Such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. . 4. Comptroller General of the United States report on fraud, waste, and abuse of the Department of Veterans Affairs beneficiary travel program (a) Study and report required Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on fraud, waste, and abuse of the benefits furnished under section 111 of title 38, United States Code, that may have occurred during the five-year period ending on the date of the enactment of this Act; and (2) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Comptroller General with respect to the study completed under paragraph (1). (b) Elements Study conducted under subsection (a)(1) shall cover the following: (1) The quantity and monetary amount of claims that have been adjudicated as fraudulent or improper, disaggregated, to the extent possible, by general health care travel and by special mode of transportation. (2) Instances of potential fraud or improper payments that may have occurred but were not detected, disaggregated, to the extent possible, by general health care travel and by special mode of transportation. (3) The efforts of the Secretary of Veterans Affairs to mitigate fraud and the effectiveness of the efforts of the Secretary. (4) Assessment of communication and training provided by the Department of Veterans Affairs to employees and contractors handling claims filed under section 111 of such title regarding fraud. (5) Such recommendations as the Comptroller General may have for further mitigation of fraud, waste, and abuse. 5. Comptroller General study and report on effectiveness of Department of Veterans Affairs beneficiary travel program mileage reimbursement and deductible amounts Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on— (A) the efficacy of the current mileage reimbursement rate under subsection (a) of section 111 of title 38, United States Code, in mitigating the financial burden of transportation costs for traveling to and from Department of Veterans Affairs medical facilities for medical care; (B) the origins of the amount of the deductible under subsection (c) of such section and its impact on the efficacy of the benefits provided under such section in mitigating financial burden on veterans seeking medical care; and (C) developing such recommendations as the Comptroller General may have for how the this program or another transportation assistance program could further encourage veterans, especially low-income veterans, to seek medical care, especially mental health care; and (2) submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Comptroller General with respect to the study completed under paragraph (1). 6. Department of Veterans Affairs transportation pilot program for low income veterans (a) Pilot program required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of providing payments authorized under subsection (a) of section 111 of title 38, United States Code, 48 hours in advance of travel to eligible appointments to veterans and other eligible individuals who are also eligible for a deduction waiver as provided by paragraphs (3) and (4) of subsection (c) of such section. (b) Duration The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program. (c) Locations The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program. (d) Report (1) In general Not later than 180 days after the date of the completion of the pilot program, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the pilot program. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The number of individuals who benefitted from the pilot program broken, disaggregated by geographic location, race or ethnicity, age, disability rating, and gender. (B) Average distance traveled by participants to appointments and average funds provided per appointment, disaggregated by geographic region. (C) A description of any impediments to carrying out the pilot program. (D) An account of payments provided for travel that did not occur or was authorized incorrectly. (E) An account of any attempts to retrieve such payment. (F) Recommendations of the Secretary for legislative or administrative action to reduce improper payments. (G) An assessment of the feasibility and advisability of providing payments as described in subsection (a). 7. Pilot program for travel cost reimbursement for accessing readjustment counseling services (a) Pilot program required Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish and commence a pilot program, within the Readjustment Counseling Services of the Veterans Health Administration, to assess the feasibility and advisability of paying the actual necessary expenses of travel or allowances for travel to and from the nearest Vet Center. (b) Participation (1) In general In carrying out the pilot program required by subsection (a), the Secretary shall limit participation— (A) by individuals pursuant to paragraph (2); and (B) by Vet Centers pursuant to paragraph (3). (2) Participation by individuals (A) In general The Secretary shall limit participation in the pilot program of individuals to individuals who are eligible for services at a participating Vet Center and experiencing financial hardship. (B) Financial hardship The Secretary shall determine the meaning of financial hardship for purposes of subparagraph (A). (3) Participation of Vet Centers Vet Centers participating in the program shall be chosen by the Secretary from among those serving individuals in areas designated by the Secretary as rural or highly rural or Tribal lands. (c) Travel allowances and reimbursements (1) In general Except as provided in paragraph (2), under the pilot program required by subsection (a), the Secretary shall provide a participating individual a travel allowance or reimbursement a minimum of 48 hours before the participating individual is scheduled to be at a participating Vet Center. (2) Special case For appointments scheduled less than 48 hours in advance, reimbursements shall be made available under the pilot program for a participating individual at the earliest time possible. (d) Duration The Secretary shall carry out the pilot program required by subsection (a) during the five-year period beginning on the date of the commencement of the pilot program. (e) Locations The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program. (f) Annual reports (1) In general Not later than one year after the date of the commencement of the pilot program required by subsection (a) and each year thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) The number of individuals who benefitted from the pilot program, disaggregated by age, race or ethnicity, and gender, to the extent possible. (B) The average distance traveled by each individual per each Vet Center. (C) The definition of financial hardship determined by the Secretary under subsection (b)(2)(B). (D) A description of how the funds are distributed. (E) The average amount of funds distributed per instance, disaggregated by Vet Center. (F) A description of any impediments to the Secretary in paying expenses or allowances under the pilot program. (G) An assessment of any fraudulent receipt of payment under the pilot program and the recommendations of the Secretary for legislative or administrative action to reduce such fraud. (H) Such recommendations for legislative or administrative action as the Secretary considers appropriate with respect to the payment of expenses or allowances. (g) Vet Center defined In this section, the term Vet Center means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. 8. Pilot program on grants to improve public transportation services for veterans (a) Grant program required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to improve public transportation services for veterans. (b) Duration The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the pilot program commences. (c) Locations The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program. (d) Award of grants (1) In general In carrying out the pilot program, the Secretary shall award grants to eligible entities to expand, retain, or establish public transportation services that provide veterans access to locations of facilities or organizations that serve veterans, including— (A) facilities of the Department of Veterans Affairs; and (B) organizations that provide services to veterans using funds provided by the Department. (2) Eligible entities For purposes of this section, an eligible entity is any State, Tribal, county, or city government that— (A) is providing public transportation services as of the date on which the pilot program commences; or (B) has a proven ability and intention to establish public transportation infrastructure. (3) Intervals of payment and maximum grant amount The Secretary may establish intervals of payment for the administration of grants under this section and a maximum grant amount to be awarded, in accordance with the services being provided and the duration of such services. (4) Coordination and consultation In awarding grants under this section, the Secretary may coordinate and consult with the Secretary of Transportation. (5) Equitable distribution The Secretary of Veterans Affairs shall ensure that, to the extent practicable, grants awarded under this section are equitably distributed across geographic regions, including rural and Tribal communities. (e) Grant application (1) In general An eligible entity seeking the award of a grant under this section shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary considers necessary to carry out this section. (2) Contents of application Each application submitted by an eligible entity under paragraph (1) shall contain the following: (A) A description of the public transportation services that the entity intends to provide under the grant. (B) A list of all sites accessed by the public transportation services to be provided. (C) The schedule of such services. (D) A list of the locations of facilities and organizations that serve veterans that will be accessed by such services. (E) An estimate of the number of veterans that would use such services. (F) Evidence of the ability of the entity to provide such services. (f) Notification to veterans Each eligible entity awarded a grant under this section shall notify veterans of the expansion or establishment of public transportation services to locations of facilities or organizations that serve veterans and that those services are available in whole or in part due to funds provided by the Department. (g) Report on services provided The Secretary shall require each eligible entity awarded a grant under this section to submit to the Secretary a report that describes the expansion, retention, or establishment of public transportation services provided with amounts under such grant. (h) Report (1) In general Not later than one year after the date on which the first grant is awarded under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the services provided under the pilot program. (2) Elements The report required by paragraph (1) shall include the following: (A) The geographic location of each recipient of a grant under this section. (B) The estimated number of veterans served by each such grant recipient. (C) An assessment of whether use of facilities of the Department has increased due to access to public transportation provided under grants awarded under this section, if information for such an assessment is available. | https://www.govinfo.gov/content/pkg/BILLS-117s2627is/xml/BILLS-117s2627is.xml |
117-s-2628 | II 117th CONGRESS 1st Session S. 2628 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Hassan (for herself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to safe disposal packaging and safe disposal system requirements for certain drugs.
1. Short title This Act may be cited as the Better Options for Drug Disposal Systems To Reduce Diversion Act of 2021 or the Better ODDS To Reduce Diversion Act of 2021 . 2. Safety-enhancing packaging and disposal features Section 505–1(e)(4)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1(e)(4)(B) ) is amended by striking for purposes of rendering drugs nonretrievable (as defined in section 1300.05 of title 21, Code of Federal Regulations (or any successor regulation)) . | https://www.govinfo.gov/content/pkg/BILLS-117s2628is/xml/BILLS-117s2628is.xml |
117-s-2629 | II 117th CONGRESS 1st Session S. 2629 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Schatz (for himself, Mr. Tillis , Mr. Cornyn , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish cybercrime reporting mechanisms, and for other purposes.
1. Short title This Act may be cited as the Better Cybercrime Metrics Act . 2. Findings Congress finds the following: (1) Public polling indicates that cybercrime could be the most common crime in the United States. (2) The United States lacks comprehensive cybercrime data and monitoring, leaving the country less prepared to combat cybercrime that threatens national and economic security. (3) In addition to existing cybercrime vulnerabilities, the people of the United States and the United States have faced a heightened risk of cybercrime during the COVID–19 pandemic. (4) Subsection (c) of the Uniform Federal Crime Reporting Act of 1988 ( 34 U.S.C. 41303(c) ) requires the Attorney General to acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports and requires all Federal departments and agencies that investigate criminal activity to report details about crime within their respective jurisdiction to the Attorney General in a uniform matter and on a form prescribed by the Attorney General . 3. Cybercrime taxonomy (a) In general Not later than 90 days after the date of enactment of this Act, the Attorney General shall seek to enter into an agreement with the National Academy of Sciences to develop a taxonomy for the purpose of categorizing different types of cybercrime and cyber-enabled crime faced by individuals and businesses. (b) Development In developing the taxonomy under subsection (a), the National Academy of Sciences shall— (1) ensure the taxonomy is useful for the Federal Bureau of Investigation to classify cybercrime in the National Incident-Based Reporting System, or any successor system; (2) consult relevant stakeholders, including— (A) the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; (B) Federal, State, and local law enforcement agencies; (C) criminologists and academics; (D) cybercrime experts; and (E) business leaders; and (3) take into consideration relevant taxonomies developed by non-governmental organizations, international organizations, academies, or other entities. (c) Report Not later than 1 year after the date on which the Attorney General enters into an agreement under subsection (a), the National Academy of Sciences shall submit to the appropriate committees of Congress a report detailing and summarizing— (1) the taxonomy developed under subsection (a); and (2) any findings from the process of developing the taxonomy under subsection (a). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000. 4. Cybercrime reporting (a) In general Not later than 2 years after the date of enactment of this Act, the Attorney General shall establish a category in the National Incident-Based Reporting System, or any successor system, for the collection of cybercrime and cyber-enabled crime reports from Federal, State, and local officials. (b) Recommendations In establishing the category required under subsection (a), the Attorney General shall, as appropriate, incorporate recommendations from the taxonomy developed under section 3(a). 5. National Crime Victimization Survey (a) In general Not later than 540 days after the date of enactment of this Act, the Director of the Bureau of Justice Statistics, in coordination with the Director of the Bureau of the Census, shall include questions relating to cybercrime victimization in the National Crime Victimization Survey. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000. 6. GAO Study on cybercrime metrics Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that assesses— (1) the effectiveness of reporting mechanisms for cybercrime and cyber-enabled crime in the United States; and (2) disparities in reporting data between— (A) data relating to cybercrime and cyber-enabled crime; and (B) other types of crime data. | https://www.govinfo.gov/content/pkg/BILLS-117s2629is/xml/BILLS-117s2629is.xml |
117-s-2630 | II 117th CONGRESS 1st Session S. 2630 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Booker (for himself, Mr. Schatz , Ms. Warren , Ms. Duckworth , Mr. Blumenthal , Mr. Merkley , Mr. Durbin , Mrs. Gillibrand , Mr. Sanders , Mr. Coons , Mr. Padilla , Mr. Markey , Mr. Van Hollen , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require Federal agencies to address environmental justice, to require consideration of cumulative impacts in certain permitting decisions, and for other purposes.
1. Short title This Act may be cited as the Environmental Justice Act of 2021 . 2. Purposes The purposes of this Act are— (1) to require Federal agencies to address and eliminate the disproportionate environmental and human health impacts on populations of color, communities of color, indigenous communities, and low-income communities; (2) to ensure that all Federal agencies develop and enforce rules, regulations, guidance, standards, policies, plans, and practices that promote environmental justice; (3) to increase cooperation and require coordination among Federal agencies in achieving environmental justice; (4) to provide to communities of color, indigenous communities, and low-income communities meaningful access to public information and opportunities for participation in decision making affecting human health and the environment; (5) to mitigate the inequitable distribution of the burdens and benefits of Federal programs having significant impacts on human health and the environment; (6) to require consideration of cumulative impacts in permitting decisions; (7) to clarify congressional intent to afford rights of action pursuant to certain statutes and common law claims; and (8) to allow a private right of action under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) to challenge discriminatory practices. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Community of color The term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. (3) Community-based science The term community-based science means voluntary public participation in the scientific process and the incorporation of data and information generated outside of traditional institutional boundaries to address real-world problems in ways that may include formulating research questions, conducting scientific experiments, collecting and analyzing data, interpreting results, making new discoveries, developing technologies and applications, and solving complex problems, with an emphasis on the democratization of science and the engagement of diverse people and communities. (4) Environmental justice The term environmental justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that— (A) populations of color, communities of color, indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation relating to human health and environmental planning, regulations, and enforcement; (B) no population of color or community of color, indigenous community, or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and (C) the 17 Principles of Environmental Justice written and adopted at the First National People of Color Environmental Leadership Summit held on October 24 through 27, 1991, in Washington, DC, are upheld. (5) Federal agency The term Federal agency means— (A) each Federal agency represented on the Working Group; and (B) any other Federal agency that carries out a Federal program or activity that substantially affects human health or the environment, as determined by the President. (6) Fenceline community The term fenceline community means a population living in close proximity to a source of pollution. (7) Indigenous community The term indigenous community means— (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; and (D) any other community of indigenous people, including communities in other countries. (8) Infrastructure The term infrastructure means any system for safe drinking water, sewer collection, solid waste disposal, electricity generation, communication, or transportation access (including highways, airports, marine terminals, rail systems, and residential roads) that is used to effectively and safely support— (A) housing; (B) an educational facility; (C) a medical provider; (D) a park or recreational facility; or (E) a local business. (9) Low income The term low income means an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (10) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with low income. (11) Meaningful The term meaningful , with respect to involvement by the public in a determination by a Federal agency, means that— (A) potentially affected residents of a community have an appropriate opportunity to participate in decisions regarding a proposed activity that will affect the environment or public health of the community; (B) the public contribution can influence the determination by the Federal agency; (C) the concerns of all participants involved are taken into consideration in the decision-making process; and (D) the Federal agency— (i) provides to potentially affected members of the public accurate information; and (ii) facilitates the involvement of potentially affected members of the public. (12) Population of color The term population of color means a population of individuals who identify as— (A) Black; (B) African American; (C) Asian; (D) Pacific Islander; (E) another non-White race; (F) Hispanic; (G) Latino; or (H) linguistically isolated. (13) Publish The term publish means to make publicly available in a form that is— (A) generally accessible, including on the internet and in public libraries; and (B) accessible for— (i) individuals who are limited in English proficiency, in accordance with Executive Order 13166 (65 Fed. Reg. 50121 (August 16, 2000)); and (ii) individuals with disabilities. (14) Working Group The term Working Group means the interagency Federal Working Group on Environmental Justice convened under section 1–102 of Executive Order 12898 ( 42 U.S.C. 4321 note), as amended by Executive Order 12948 (60 Fed. Reg. 6381 (January 30, 1995)) and modified by section 4. 4. Interagency Federal Working Group on Environmental Justice (a) In general Not later than 90 days after the date of enactment of this Act, the Administrator shall convene, as appropriate to carry out this section, the Working Group. (b) Requirements (1) Composition The Working Group shall be comprised of the following (or a designee): (A) The Secretary of Agriculture. (B) The Secretary of Commerce. (C) The Secretary of Defense. (D) The Secretary of Energy. (E) The Secretary of Health and Human Services. (F) The Secretary of Homeland Security. (G) The Secretary of Housing and Urban Development. (H) The Secretary of the Interior. (I) The Secretary of Labor. (J) The Secretary of Transportation. (K) The Attorney General. (L) The Administrator. (M) The Director of the Office of Environmental Justice. (N) The Chairman of the Consumer Product Safety Commission. (O) The Chairperson of the Chemical Safety Board. (P) The Director of the Office of Management and Budget. (Q) The Director of the Office of Science and Technology Policy. (R) The Chair of the Council on Environmental Quality. (S) The Assistant to the President for Domestic Policy. (T) The Director of the National Economic Council. (U) The Chairman of the Council of Economic Advisers. (V) Such other Federal officials as the President may designate. (2) Functions The Working Group shall— (A) report to the President through the Chair of the Council on Environmental Quality and the Assistant to the President for Domestic Policy; (B) provide guidance to Federal agencies regarding criteria for identifying disproportionately high and adverse human health or environmental effects— (i) on populations of color, communities of color, indigenous communities, and low-income communities; and (ii) on the basis of race, color, national origin, or income; (C) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency with respect to the implementation and updating of an environmental justice strategy required under this Act, in order to ensure that the administration, interpretation, and enforcement of programs, activities, and policies are carried out in a consistent manner; (D) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with this Act; (E) identify, based in part on public recommendations contained in Federal agency progress reports, important areas for Federal agencies to take into consideration and address, as appropriate, in environmental justice strategies and other efforts; (F) assist in coordinating data collection and maintaining and updating appropriate databases, as required by this Act; (G) examine existing data and studies relating to environmental justice; (H) hold public meetings and otherwise solicit public participation under paragraph (3); and (I) develop interagency model projects relating to environmental justice that demonstrate cooperation among Federal agencies. (3) Public participation The Working Group shall— (A) hold public meetings or otherwise solicit public participation and community-based science for the purpose of fact-finding with respect to the implementation of this Act; and (B) prepare for public review and publish a summary of any comments and recommendations provided. (c) Judicial review and rights of action Any person may commence a civil action— (1) to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or (2) otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). 5. Federal agency actions to address environmental justice (a) Federal agency responsibilities (1) Environmental justice mission To the maximum extent practicable and permitted by applicable law, each Federal agency shall make achieving environmental justice part of the mission of the Federal agency by identifying, addressing, and mitigating disproportionately high and adverse human health or environmental effects of the programs, policies, and activities of the Federal agency on populations of color, communities of color, indigenous communities, and low-income communities in the United States (including the territories and possessions of the United States and the District of Columbia). (2) Nondiscrimination Each Federal agency shall conduct any program, policy, or activity that substantially affects human health or the environment in a manner that ensures that the program, policy, or activity does not have the effect of excluding any individual or group from participation in, denying any individual or group the benefits of, or subjecting any individual or group to discrimination under, the program, policy, or activity because of race, color, or national origin. (3) Strategies (A) Agencywide strategies Each Federal agency shall implement and update, not less frequently than annually, an agencywide environmental justice strategy that identifies disproportionally high and adverse human health or environmental effects of the programs, policies, spending, and other activities of the Federal agency with respect to populations of color, communities of color, indigenous communities, and low-income communities, including, as appropriate for the mission of the Federal agency, with respect to the following areas: (i) Implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (ii) Implementation of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) (including regulations promulgated pursuant to that title). (iii) Implementation of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (iv) Impacts from the lack of infrastructure, or from deteriorated infrastructure. (v) Impacts from land use. (vi) Impacts from climate change. (vii) Impacts from commercial transportation. (B) Revisions (i) In general Each strategy developed and updated pursuant to subparagraph (A) shall identify programs, policies, planning and public participation processes, rulemaking, agency spending, and enforcement activities relating to human health or the environment that may be revised, at a minimum— (I) to promote enforcement of all health, environmental, and civil rights laws and regulations in areas containing populations of color, communities of color, indigenous communities, and low-income communities; (II) to ensure greater public participation; (III) to provide increased access to infrastructure; (IV) to improve research and data collection relating to the health and environment of populations of color, communities of color, indigenous communities, and low-income communities, including through the increased use of community-based science; and (V) to identify differential patterns of use of natural resources among populations of color, communities of color, indigenous communities, and low-income communities. (ii) Timetables Each strategy implemented and updated pursuant to subparagraph (A) shall include a timetable for undertaking revisions identified pursuant to clause (i). (C) Progress reports Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, each Federal agency shall submit to Congress and the Working Group, and shall publish, a progress report that includes, with respect to the period covered by the report— (i) a description of the current environmental justice strategy of the Federal agency; (ii) an evaluation of the progress made by the Federal agency at national and regional levels regarding implementation of the environmental justice strategy, including— (I) metrics used by the Federal agency to measure performance; and (II) the progress made by the Federal agency toward— (aa) the achievement of the metrics described in subclause (I); and (bb) mitigating identified instances of environmental injustice; (iii) a description of the participation by the Federal agency in interagency collaboration; (iv) responses to recommendations submitted by members of the public to the Federal agency relating to the environmental justice strategy of the Federal agency and the implementation by the Federal agency of this Act; and (v) any updates or revisions to the environmental justice strategy of the Federal agency, including those resulting from public comments. (4) Public participation Each Federal agency shall— (A) ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy, progress reports, and ongoing efforts of the Federal agency to incorporate environmental justice principles into the programs, policies, and activities of the Federal agency; (B) hold public meetings or otherwise solicit public participation and community-based science from populations of color, communities of color, indigenous communities, and low-income communities for fact-finding, receiving public comments, and conducting inquiries concerning environmental justice; and (C) prepare for public review and publish a summary of the comments and recommendations provided. (5) Access to information Each Federal agency shall— (A) publish public documents, notices, and hearings relating to the programs, policies, and activities of the Federal agency that affect human health or the environment; and (B) translate and publish any public documents, notices, and hearings relating to an action of the Federal agency as appropriate for the affected population, specifically in any case in which a limited English-speaking population may be disproportionately affected by that action. (6) Codification of guidance (A) Council on Environmental Quality Notwithstanding any other provision of law, sections II and III of the guidance issued by the Council on Environmental Quality entitled Environmental Justice Guidance Under the National Environmental Policy Act and dated December 10, 1997, are enacted into law. (B) Environmental Protection Agency Notwithstanding any other provision of law, the guidance issued by the Environmental Protection Agency entitled EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights and dated February 2016 is enacted into law. (b) Human health and environmental research, data collection, and analysis (1) Research Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall— (A) in conducting environmental or human health research, include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as— (i) populations of color, communities of color, indigenous communities, populations with low income, and low-income communities; (ii) fenceline communities; and (iii) workers who may be exposed to substantial environmental hazards; (B) in conducting environmental or human health analyses, identify multiple and cumulative exposures; and (C) actively encourage and solicit community-based science, and provide to populations of color, communities of color, indigenous communities, populations with low income, and low-income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this Act. (2) Disproportionate impact To the maximum extent practicable and permitted by applicable law (including section 552a of title 5, United States Code (commonly known as the Privacy Act )), each Federal agency shall— (A) collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income; and (B) use that information to determine whether the programs, policies, and activities of the Federal agency have disproportionally high and adverse human health or environmental effects on populations of color, communities of color, indigenous communities, and low-income communities. (3) Information relating to non-Federal facilities In connection with the implementation of Federal agency strategies under subsection (a)(3), each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for fenceline communities in proximity to any facility or site expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if the facility or site becomes the subject of a substantial Federal environmental administrative or judicial action. (4) Impact from Federal facilities Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for fenceline communities in proximity to any facility of the Federal agency that is— (A) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986 ( 42 U.S.C. 11001 et seq. ), as required by Executive Order 12898 ( 42 U.S.C. 4321 note); and (B) expected to have a substantial environmental, human health, or economic effect on surrounding populations. (c) Consumption of fish and wildlife (1) In general Each Federal agency shall develop, publish (unless prohibited by law), and revise, as practicable and appropriate, guidance on actions of the Federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence. (2) Requirement The guidance described in paragraph (1) shall— (A) reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife; and (B) publish the risks of such consumption patterns. (d) Mapping and screening tool The Administrator shall continue to make available to the public an environmental justice mapping and screening tool (such as EJScreen or an equivalent tool) that includes, at a minimum, the following features: (1) Nationally consistent data. (2) Environmental data. (3) Demographic data, including data relating to race, ethnicity, and income. (4) Capacity to produce maps and reports by geographical area. (e) Judicial review and rights of action Any person may commence a civil action— (1) to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or (2) otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). (f) Information sharing In carrying out this section, each Federal agency, to the maximum extent practicable and permitted by applicable law, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and Tribal governments. 6. National Environmental Justice Advisory Council (a) Establishment The establishment by the Administrator on September 30, 1993, by charter pursuant to the Federal Advisory Committee Act (5 U.S.C. App.) of the National Environmental Justice Advisory Council (referred to in this section as the Advisory Council ) is enacted into law. (b) Duties The Advisory Council may carry out such duties as were carried out by the Advisory Council on the day before the date of enactment of this Act, subject to modification by the Administrator, by regulation. (c) Membership The membership of the Advisory Council shall— (1) be determined and appointed in accordance with, as applicable— (A) the charter described in subsection (a) (or any subsequent amendment or revision of that charter); or (B) other appropriate bylaws or documents of the Advisory Council, as determined by the Administrator; and (2) continue in effect as in existence on the day before the date of enactment of this Act until modified in accordance with paragraph (1). (d) Designated Federal officer The Director of the Office of Environmental Justice of the Environmental Protection Agency is designated as the Federal officer required under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory Council. (e) Meetings (1) In general The Advisory Council shall meet not less frequently than 3 times each calendar year. (2) Open to public Each meeting of the Advisory Council shall be held open to the public. (3) Designated Federal officer The designated Federal officer described in subsection (d) (or a designee) shall— (A) be present at each meeting of the Advisory Council; (B) ensure that each meeting is conducted in accordance with an agenda approved in advance by the designated Federal officer; (C) provide an opportunity for interested persons— (i) to file comments before or after each meeting of the Advisory Council; or (ii) to make statements at such a meeting, to the extent that time permits; (D) ensure that a representative of the Working Group and a high-level representative from each regional office of the Environmental Protection Agency are invited to, and encouraged to attend, each meeting of the Advisory Council; and (E) provide technical assistance to States seeking to establish State-level environmental justice advisory councils or implement other environmental justice policies or programs. (f) Responses from Administrator (1) Public comment inquiries The Administrator shall provide a written response to each inquiry submitted to the Administrator by a member of the public before or after each meeting of the Advisory Council by not later than 120 days after the date of submission. (2) Recommendations from Advisory Council The Administrator shall provide a written response to each recommendation submitted to the Administrator by the Advisory Council by not later than 120 days after the date of submission. (g) Travel expenses A member of the Advisory Council may be allowed travel expenses, including per diem in lieu of subsistence, at such rate as the Administrator determines to be appropriate while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council. (h) Duration The Advisory Council shall remain in existence unless otherwise provided by law. 7. Environmental justice grant programs (a) In general The Administrator shall continue to carry out the Environmental Justice Small Grants Program and the Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program, as those programs are in existence on the date of enactment of this Act. (b) CARE grants The Administrator shall continue to carry out the Community Action for a Renewed Environment grant programs I and II, as in existence on January 1, 2012. (c) Authorization of appropriations There is authorized to be appropriated to carry out the programs described in subsections (a) and (b) $10,000,000 for each of fiscal years 2020 through 2029. 8. Consideration of cumulative impacts and persistent violations in certain permitting decisions (a) Federal Water Pollution Control Act Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended— (1) by striking the section designation and heading and all that follows through Except as in subsection (a)(1) and inserting the following: 402. National pollutant discharge elimination system (a) Permits issued by Administrator (1) In general Except as ; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking upon condition that such discharge will meet either (A) all and inserting the following: subject to the conditions that— (A) the discharge will achieve compliance with, as applicable— (i) all ; (ii) by striking 403 of this Act, or (B) prior and inserting the following: 403; or (ii) prior ; and (iii) by striking this Act. and inserting the following: this Act; and (B) with respect to the issuance or renewal of the permit— (i) based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 )) of the discharge, considered in conjunction with the designated and actual uses of the impacted navigable water, there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation; or (ii) if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm. ; and (B) in paragraph (2), by striking assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. and inserting the following: ensure compliance with the requirements of paragraph (1), including— (A) conditions relating to— (i) data and information collection; (ii) reporting; and (iii) such other requirements as the Administrator determines to be appropriate; and (B) additional controls or pollution prevention requirements. ; and (3) in subsection (b)— (A) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking the semicolon at the end and inserting a period; (B) in paragraph (8), by striking ; and at the end and inserting a period; and (C) by adding at the end the following: (10) To ensure that no permit will be issued or renewed if, with respect to an application for the permit, the State determines, based on an analysis by the State of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 )) of the discharge, considered in conjunction with the designated and actual uses of the impacted navigable water, that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation. . (b) Clean Air Act (1) Definitions Section 501 of the Clean Air Act ( 42 U.S.C. 7661 ) is amended— (A) in the matter preceding paragraph (1), by striking As used in this title— and inserting In this title: ; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and (C) by inserting after paragraph (1) the following: (2) Cumulative impacts The term cumulative impacts means any exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from an emission or release— (A) including— (i) environmental pollution released— (I) (aa) routinely; (bb) accidentally; or (cc) otherwise; and (II) from any source, whether single or multiple; and (ii) as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and (B) evaluated taking into account sensitive populations and socioeconomic factors, where applicable. . (2) Permit programs Section 502(b) of the Clean Air Act ( 42 U.S.C. 7661a(b) ) is amended— (A) in paragraph (5)— (i) in subparagraphs (A) and (C), by striking assure each place it appears and inserting ensure ; and (ii) by striking subparagraph (F) and inserting the following: (F) ensure that no permit will be issued or renewed, as applicable, if— (i) with respect to an application for a permit or renewal of a permit for a major source, the permitting authority determines under paragraph (9)(A)(i)(II)(bb) that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of the applicable census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census); or (ii) the Administrator objects to the issuance of the permit in a timely manner under this title. ; and (B) in paragraph (9)— (i) in the fourth sentence, by striking Such permit revision and inserting the following: (iii) Treatment as renewal A permit revision under this paragraph ; (ii) in the third sentence, by striking No such revision shall and inserting the following: (ii) Exception A revision under this paragraph shall not ; (iii) in the second sentence, by striking Such revisions and inserting the following: (B) Revision requirements (i) Deadline A revision described in subparagraph (A)(ii) ; and (iv) by striking the paragraph designation and all that follows through shall require in the first sentence and inserting the following: (9) Major sources (A) In general With respect to any permit or renewal of a permit, as applicable, for a major source, a requirement that the permitting authority shall— (i) in determining whether to issue or renew the permit— (I) evaluate the potential cumulative impacts of the proposed major source, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3); (II) if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source is, or is proposed to be, located— (aa) include in the permit or renewal such terms and conditions (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm; or (bb) if the permitting authority determines that terms and conditions described in item (aa) would not be sufficient to ensure a reasonable certainty of no harm, deny the issuance or renewal of the permit; (III) determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the Environmental Justice Act of 2021 ; (IV) if the permitting authority determines under subclause (III) that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (V)(bb)— (aa) require the applicant to submit a redemption plan that describes— (AA) if the applicant is not compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement; (BB) measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance; and (CC) the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and (bb) once such a redemption plan is submitted, determine whether the plan is adequate to ensuring that the applicant— (AA) will achieve compliance with this Act expeditiously; (BB) will remain in compliance with this Act; (CC) will mitigate the environmental and health effects of noncompliance; and (DD) has solicited and responded to community input regarding the redemption plan; and (V) deny the issuance or renewal of the permit if the permitting authority determines that— (aa) the redemption plan submitted under subclause (IV)(aa) is inadequate; or (bb) (AA) the applicant has submitted a redemption plan on a prior occasion, but continues to be a persistent violator; and (BB) no indication exists of extremely exigent circumstances excusing the persistent violations; and (ii) in the case of such a permit with a term of 3 years or longer, require in accordance with subparagraph (B). . (3) Permit applications Section 503(b) of the Clean Air Act ( 42 U.S.C. 7661b(b) ) is amended by adding at the end the following: (3) Major source analyses The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census tract or Tribal census tract (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source is, or is proposed to be, located that analyzes— (A) community demographics and locations of community exposure points, such as schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; (B) air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the proposed major source, including in combination with existing sources of pollutants; (C) the potential effects on soil quality and water quality of emissions of lead and other air pollutants that could contaminate soil or water from the proposed major source, including in combination with existing sources of pollutants; and (D) public health and any potential effects on public health of the proposed major source. . 9. Implied rights of action and common law claims Section 505 of the Federal Water Pollution Control Act ( 33 U.S.C. 1365 ) is amended by adding at the end the following: (i) Effect on implied rights of action and common law claims (1) Definition of covered Act In this subsection: (A) In general The term covered Act means— (i) this Act; (ii) the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ); (iii) the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ); (iv) the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1401 et seq. ); (v) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (vi) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); (vii) the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (viii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); and (ix) any other Act administered by the Administrator. (B) Inclusions The term covered Act includes any provision of an Act described in subparagraph (A) the date of enactment of which is after the date of enactment of this subsection, unless that provision is specifically excluded from this subsection. (2) Effect Nothing in a covered Act precludes the right to bring an action— (A) under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ); or (B) that is implied under— (i) a covered Act; or (ii) common law. (3) Application Nothing in this section precludes the right to bring an action under any provision of law that is not a covered Act. . 10. Private rights of action for discriminatory practices (a) Right of action Section 602 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–1 ) is amended— (1) by inserting (a) before Each Federal department and agency which is empowered ; and (2) by adding at the end the following: (b) Any person aggrieved by the failure of a covered entity to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any Federal or State court of competent jurisdiction to enforce such person’s rights under this title. . (b) Effective date (1) In general This section, including the amendments made by this section, takes effect on the date of enactment of this Act. (2) Application This section, including the amendments made by this section, applies to all actions or proceedings pending on or after the date of enactment of this Act. 11. Severability If any provision of this Act, or the application of such a provision to any person or circumstance, is determined to be invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s2630is/xml/BILLS-117s2630is.xml |
117-s-2631 | II 117th CONGRESS 1st Session S. 2631 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Booker (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to create a program to provide funding for organizations that support startup businesses in formation and early growth stages by providing entrepreneurs with resources and services to produce viable businesses, and for other purposes.
1. Short title This Act may be cited as the Startup Opportunity Accelerator Act of 2021 or the SOAR Act . 2. Findings Congress finds that— (1) startups have contributed greatly to the United States economy, with research showing that between 1982 and 2011, businesses 5 years or younger were responsible for nearly every net new job created; (2) startups face common challenges as they seek to transform their ideas into successful, high-growth businesses; (3) 4 metropolitan areas in 3 States—the San Francisco Bay Area, New York City, Boston, and Los Angeles—receive nearly 75 percent of all venture capital investment, which is a critical source of funding for high-growth startups; (4) of startups that receive venture capital funding, 2 percent are African-American-owned, 6 percent are Latino-owned, and only 13 percent are owned solely by women; (5) incubators and accelerators are new models of growth that drive innovation by connecting entrepreneurial individuals and teams to create viable business ventures and social initiatives; (6) incubators and accelerators support promising startups through partnerships, mentoring, and resources connecting them with seasoned entrepreneurs; (7) the goal of an incubator or an accelerator is to help create and grow young businesses by providing them with necessary financial, technical, and industry support and financial and technical services; and (8) startups offer unique opportunities for growth and development for women, minority, and veterans to become successful entrepreneurs and leaders in new and developed fields. 3. Growth accelerator fund competition The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 49 ( 15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 the following: 49. Growth accelerator fund competition (a) Definitions In this section— (1) the term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (2) the term eligible entity means an organization— (A) that is located in the United States; (B) the primary purpose of which is to support new small business concerns; and (C) that is often classified as a growth accelerator; (3) the term growth accelerator means an organization that— (A) supports new business concerns with a focus on technology, research, and development; (B) frequently provides, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity; (C) works with a new business concern for a predetermined amount of time; (D) provides mentorship and instruction to scale businesses; or (E) offers startup capital or the opportunity to raise capital from outside investors; (4) the term minority serving institution means— (A) an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ); or (B) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ); (5) the term new small business concern means a small business concern that has been in operation for not more than 5 years; and (6) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (b) Funding (1) In general Not later than 1 year after the date of enactment of this section, the Administrator shall develop and begin implementing a program to award cash grants of not less than $1,000,000 to eligible entities to support new small business concerns. (2) Use of funds A grant under this section— (A) may be used for construction costs, space acquisition, and programmatic purposes; and (B) may not be used to provide capital to new small business concerns directly or through the subaward of funds. (3) Disbursal of funds In disbursing funds under this section, the Administrator may use incremental or scheduled payments. (c) Application (1) In general An eligible entity desiring a grant under this section shall demonstrate that the eligible entity will use the grant to provide assistance to not less than 10 new small business concerns per year. (2) Requirements In soliciting applications and awarding grants to eligible entities under this section, the Administrator shall employ a streamlined and inclusive approach that— (A) widely publicizes funding opportunities to a broad audience, including through the use of digital resources such as the website of the Administration and social media; (B) utilizes an easily accessible submission process or platform; (C) shall make every effort to minimize— (i) the use of forms, detailed budgets, supporting documentation, or written submissions; and (ii) any other burdensome requirement; (D) focuses on solution-based approaches and results-based outcomes; (E) encourages innovation; and (F) allows proposals or pitches to be presented using various formats or media. (d) Criteria The Administrator shall establish criteria for a grant under this section that shall give priority to eligible entities that— (1) are providing or plan to provide to new small business concerns— (A) office, manufacturing, or warehouse space, including appropriate operations infrastructure; (B) access to capital either directly from the eligible entity (using amounts other than the amounts provided under the grant) or through guidance and contacts for acquiring capital from outside investors; (C) access to professional services either directly from the eligible entity (using amounts other than the amounts provided under the grant) or through guidance and contacts for acquiring professional services, including accounting and legal services; or (D) a formal structured mentorship or developmental program that assists new small business concerns with building business skills and competencies; or (2) if located within 20 miles of a minority serving institution, demonstrates a referral or programmatic relationship with that institution. (e) Considerations in choosing recipients In determining whether to award a grant under this section to an eligible entity, the Administrator shall take into account— (1) for eligible entities that have in operation a program to support new small business concerns, the record of the eligible entity in assisting new small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a grant under this section— (A) the retention rate of new small business concerns in the program of the eligible entity; (B) the average period of participation by new small business concerns in the program of the eligible entity; (C) the total, average, and median capital raised by new small business concerns participating in the program of the eligible entity; and (D) the total, average, and median number of employees of new small business concerns participating in the program of the eligible entity; (2) for all eligible entities— (A) the number of new small business concerns assisted or anticipated to be assisted by the eligible entity; (B) the number of new small business concerns applying or anticipated to apply for assistance from the eligible entity; (C) whether the program of the eligible entity provides or would provide assistance to individuals in gender, racial, or ethnic groups underrepresented by existing programs to assist new small business concerns; and (D) other metrics determined appropriate by the Administrator; (3) the need in the geographic area to be served by the program to be carried out using the grant for additional assistance for new small business concerns, if the area has sufficient population density, as determined by the Administrator; (4) the level of experience of the entrepreneurial leadership of the eligible entity; and (5) the ability of the eligible entity to use and leverage local strengths, including human resources, infrastructure, and educational institutions. (f) Requirement To award grants to certain accelerators In order to promote diversity in entrepreneurship, the Administrator shall award not less than 50 percent of amounts appropriated for grants in a given fiscal year to— (1) accelerators located in an area described in subparagraph (A), (B), or (C) of section 31(b); and (2) accelerators for which not less than 50 percent of the small business concerns served by the accelerator are small business concerns— (A) owned and controlled by socially disadvantaged individuals or economically disadvantaged individuals, as defined in paragraphs (5) and (6)(A), respectively, of section 8(a); (B) owned and controlled by women; or (C) that are not less than 51 percent owned by one or more— (i) Native Americans; (ii) individuals participating in the Transition Assistance Program of the Department of Defense; (iii) individuals who— (I) served on active duty in any branch of the Armed Forces, including the National Guard and Reserves; and (II) were discharged or released from such service under conditions other than dishonorable; (iv) formerly incarcerated individuals; or (v) individuals with a disability. (g) Matching nonpublic funding An eligible entity receiving a grant under this section may obtain funds from a private individual or entity (including a for-profit or nonprofit entity) that are— (1) for the same purposes as a grant may be made under this section; and (2) used to carry out the program of the eligible entity carried out using the grant under this section. (h) Consequences of failure To abide by terms or conditions of grant or requirements of this section The Administrator shall notify each eligible entity receiving a grant under this section that failure to abide by the terms and conditions of the grant or the requirements of this section may, in the discretion of the Administrator and in addition to any other civil or criminal consequences, result in the Administrator withholding payments or ordering the eligible entity to return the grant funds. (i) Annual progress reporting by recipients of grant Each eligible entity receiving a grant under this section shall submit to the Administrator an annual report on the progress of the program carried out using the amounts received under the grant, including— (1) the number of new small business concerns participating in the program during each of the 3 years preceding the report; (2) the number of new small business concerns applying to participate in the program during each of the 3 years preceding the report; (3) the retention rate of new small business concerns in the program; (4) the average period of participation in the program by new small business concerns; (5) the total, average, and median capital raised by new small business concerns participating in the program; (6) the total, average, and median number of employees of new small business concerns participating in the program; (7) the number of new small business concerns— (A) owned and controlled by socially disadvantaged individuals or economically disadvantaged individuals, as defined in paragraphs (5) and (6)(A), respectively, of section 8(a); (B) owned and controlled by women; or (C) that are not less than 51 percent owned by one or more— (i) Native Americans; (ii) individuals participating in the Transition Assistance Program of the Department of Defense; (iii) individuals who— (I) served on active duty in any branch of the Armed Forces, including the National Guard and Reserves; and (II) were discharged or released from such service under conditions other than dishonorable; (iv) formerly incarcerated individuals; or (v) individuals with a disability; and (8) other metrics determined appropriate by the Administrator. (j) Reports to congress The Administrator shall submit to Congress an annual report on the program under this section, which shall include an assessment of the effectiveness of the program, including an assessment based on the metrics listed in subsection (i). (k) Coordination with other small business administration programs The Administrator shall take appropriate action to encourage eligible entities receiving a grant under this section to use and incorporate other programs of the Administration, such as small business development centers, small business investment companies, loans under section 7(a), assistance under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ), and resource partners of the Administration, including women’s business centers and veteran’s business outreach centers. (l) Coordination with the Department of Veterans Affairs In consultation with the Secretary of Veteran Affairs, the Administrator shall make available outreach materials regarding the opportunities for veterans within the program under this section for distribution and display at local facilities of the Department of Veterans Affairs. (m) Listing on website The Administrator shall include a list of eligible entities receiving a grant under this section on the website of the Administration. (n) Authorization of appropriations There is authorized to be appropriated to the Administration $800,000,000, to remain available until expended, to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2631is/xml/BILLS-117s2631is.xml |
117-s-2632 | II 117th CONGRESS 1st Session S. 2632 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Whitehouse (for himself and Mr. Wicker ) 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 include doping fraud as a predicate offense for racketeering and money laundering offenses, and for other purposes.
1. Short title This Act may be cited as the Guarantee Oversight and Litigation on Doping Act or the GOLD Act . 2. Sense of Congress It is the sense of Congress that— (1) the punishment of Russia for persistent decades-long state-run doping fraud by the international sport governance structure has been insufficient and Russia's competing status as ROC at Tokyo 2020 demonstrates to authoritarian states around the world that systematic doping will be tolerated; and (2) aggressive enforcement of the Rodchenkov Anti-Doping Act of 2019 ( 21 U.S.C. 2401 et seq. ) can create the deterrent required to curb doping fraud as the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–1 et seq. ) curbed foreign bribery and the Department of Justice and the Federal Bureau of Investigation should prioritize enforcement of the Rodchenkov Anti-Doping Act of 2019 ( 21 U.S.C. 2401 et seq. ). 3. Predicate offenses Part I of title 18, United States Code, is amended— (1) in section 1956(c)(7)(D)— (A) by striking or section 104(a) and inserting section 104(a) ; and (B) by inserting after North Korea) the following: , or section 3 of the Rodchenkov Anti-Doping Act of 2019 ( 21 U.S.C. 2402 ) (relating to prohibited activities with respect to major international doping fraud conspiracies) ; and (2) in section 1961(1)— (A) by striking or (G) any act and inserting (G) any act ; and (B) by inserting after section 2332(b)(g)(5)(B) the following: , or (H) any act that is indictable under section 3 of the Rodchenkov Anti-Doping Act of 2019 ( 21 U.S.C. 2402 ) . | https://www.govinfo.gov/content/pkg/BILLS-117s2632is/xml/BILLS-117s2632is.xml |
117-s-2633 | II 117th CONGRESS 1st Session S. 2633 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Murphy (for himself, Mr. Blumenthal , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the National Oceanic and Atmospheric Administration to award grants to certain entities for purposes of carrying out climate-resilient living shoreline projects that protect coastal communities, and for other purposes.
1. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (2) Indian Tribe The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Nature-based infrastructure The term nature-based infrastructure means a feature that is created by human design, engineering, and construction to provide risk reduction in coastal areas by acting in conjunction with natural processes. (4) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 2. Living shoreline grant program (a) Establishment The Administrator shall award grants to eligible entities for purposes of— (1) designing and implementing large- and small-scale, climate-resilient living shoreline projects; and (2) applying innovative uses of natural materials and systems to protect coastal communities, habitats, and natural system functions. (b) Eligible entities For purposes of this section, an eligible entity is any of the following: (1) A unit of a State or local government. (2) An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code. (3) An Indian Tribe. (c) Living shoreline projects (1) In general For purposes of this section, a living shoreline project is a coastal natural infrastructure project that— (A) restores or stabilizes a shoreline using predominately natural materials to create buffers to attenuate the impact of coastal storms, currents, flooding, and wave energy and to prevent or minimize shoreline erosion while providing a net ecological and climate benefit to ecosystems and habitats; (B) to the extent possible, maintains or restores existing natural slopes and connections between uplands and adjacent wetlands or surface waters; (C) as necessary, can retrofit hardened structures or surfaces to create blended projects that combine living shoreline elements with hardened techniques; and (D) meets such minimum standards as the Administrator shall develop. (2) Minimum standards (A) In general In developing minimum standards applicable to living shoreline projects under paragraph (1)(D), the Administrator shall take into account— (i) the considerations described in subsection (e)(2); and (ii) the need for the standards to be general enough to accommodate concerns related to specific project sites. (B) Consultation; input In developing minimum standards applicable to living shoreline projects under (1)(D), the Administrator may— (i) consult with— (I) State coastal management agencies; (II) Indian Tribes and Tribal organizations; and (III) relevant interagency councils, such as the Estuary Habitat Restoration Council; and (ii) seek input from relevant nongovernmental organizations. (d) Project proposals To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator a proposal for a living shoreline project that includes— (1) monitoring, data collection, and measurable performance criteria with respect to the project; and (2) an engagement or education component that seeks and solicits feedback from the local or regional community most directly affected by the proposal. (e) Selection (1) In general The Administrator shall select eligible entities to receive grants under this section to carry out living shoreline projects based on criteria developed by the Administrator. (2) Considerations In developing criteria under paragraph (1), the Administrator shall take into account— (A) the potential of the project proposed by the eligible entity to protect the community and maintain the viability of the environment, such as through protection of ecosystem functions, environmental benefits, or habitat types, in the area where the project is to be carried out; (B) the historic and future environmental conditions of the project site, particularly those environmental conditions affected by climate change; (C) the net ecological benefits of the project, including the potential of the project to contribute to carbon sequestration and storage; (D) the ability of the entity proposing the project to demonstrate the potential of the project to protect the coastal community where the project is to be carried out, including through— (i) mitigating the effects of erosion; (ii) attenuating the impact of coastal storms and storm surge; (iii) mitigating shoreline flooding; (iv) mitigating the effects of sea level rise, accelerated land loss, and extreme tides; (v) sustaining, protecting, or restoring the functions and habitats of coastal ecosystems; (vi) protecting important cultural sites or values; (vii) protecting low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities; (viii) sustaining, protecting, or restoring the functions and habitats of marine protected areas; or (ix) such other forms of protection as the Administrator considers appropriate; and (E) the potential of the project to support climate resiliency at a military installation or community infrastructure supportive of a military installation (as such terms are defined in section 2391 of title 10, United States Code). (f) Use of funds A grant awarded under this section to an eligible entity to carry out a living shoreline project may be used by the eligible entity only— (1) to carry out the project, including administration, design, permitting, entry into negotiated indirect cost rate agreements, and construction; (2) to monitor, collect, and report data on the performance (including performance over time) of the project, in accordance with the standards developed by the Administration under subsection (c)(1)(D); or (3) to incentivize landowners to engage in living shoreline projects. (g) Monitoring and reporting (1) In general The Administrator shall require each eligible entity that receives a grant under this section to carry out a living shoreline project (or a representative of the entity)— (A) to monitor the project and to collect data on— (i) the ecological, climate, and economic benefits of the project; and (ii) the protection provided by the project for the coastal community where the project is carried out; (B) to transmit to the Administrator data collected under the project; (C) to make data collected under the project available on a publicly accessible internet website of the National Oceanic and Atmospheric Administration; and (D) upon the completion of the project, to submit to the Administrator a report on— (i) the monitoring and data collection activities carried out under subparagraph (A); and (ii) the effectiveness of the project in increasing protection of the coastal community where the project is carried out through living shorelines techniques, including— (I) a description of— (aa) the project; (bb) the activities carried out under the project; and (cc) the techniques and materials used in carrying out the project; and (II) data on the performance of the project in providing protection to that coastal community. (h) Authorization of appropriations There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2022 through 2026 for purposes of carrying out this section. 3. Living shoreline and nature-based infrastructure research program (a) Establishment The Administrator shall award, on a competitive basis, research grants to eligible entities to carry out projects focused on developing and assessing the effectiveness of innovative approaches to nature-based infrastructure for the purposes of— (1) preparing more climate-resilient, sustainable cities and climate-resilient communities; (2) reducing the costs associated with climate-related disasters, the degradation of built infrastructure, and human relocation; and (3) accomplishing improved climate resilience while maintaining ecosystem functions and habitats to the greatest extent possible. (b) Eligible entities For purposes of this section, an eligible entity is any of the following: (1) An institution of higher education. (2) A nonprofit organization. (3) A State, local, or Tribal government. (4) A for-profit organization. (5) A United States territory. (6) A Federal agency that is authorized by statute to receive transfers of funds. (c) Research priorities The Administrator shall award grants to eligible entities for projects that focus on one or more of the following: (1) Assessing the effectiveness of installed nature-based infrastructure in addressing, as applicable, coastal resilience, shoreline erosion, storm damage, including windstorms, inland flooding, water quality, impact on local ecosystems, and such other criteria as the Administrator determines appropriate. (2) Novel approaches to nature-based infrastructure and living shorelines aimed at optimizing resilience to climate change, extreme weather, and ecosystem sustainability. (3) Interdisciplinary research, including engineering, environmental and ecosystem sciences, biology, and social science. (4) Regional, community, and industry partnerships to create locally informed solutions. (d) Reports for informing grant selection (1) Report required An eligible entity that receives a grant for a project under this section shall, not later than the date on which such project concludes, submit to the Administrator a report summarizing the findings of the project. (2) Use of reports The Administrator shall use each report submitted under paragraph (1) to inform the selection and prioritization of living shoreline projects under section 2 and other nature-based infrastructure projects. (e) Use of programs In carrying out this section, the Administrator is encouraged to use— (1) the National Oceanographic Partnership Program established under section 8931 of title 10, United States Code, as a means for collaboration and coordination to leverage partnerships between public institutions of higher education and Federal agencies; (2) the Coastlines and People initiative of the National Science Foundation as a tool to use ongoing interdisciplinary research; (3) the National Sea Grant College Program maintained under the National Sea Grant College Program Act ( 33 U.S.C. 1121 et seq. ) as a resource to help foster collaboration between public institutions of higher education and Federal agencies; and (4) the Community Resilience Center of Excellence of the National Institute of Standards and Technology. (f) Authorization of appropriations There is authorized to be appropriated to the Administrator $5,000,000 for each of fiscal years 2022 through 2026 for purposes of carrying out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2633is/xml/BILLS-117s2633is.xml |
117-s-2634 | II 117th CONGRESS 1st Session S. 2634 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Schatz (for himself, Mr. Durbin , Ms. Klobuchar , Ms. Cortez Masto , Mr. Markey , Ms. Warren , Mr. Merkley , Mr. Padilla , Ms. Baldwin , Mr. Van Hollen , 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 amend the Higher Education Act of 1965 to direct the Secretary of Education to issue guidance and recommendations for institutions of higher education on removing criminal and juvenile justice questions from their application for admissions process.
1. Short title This Act may be cited as the Beyond the Box for Higher Education Act of 2021 . 2. Findings Congress finds the following: (1) An estimated 70,000,000 Americans have some type of arrest or conviction record that would appear in a criminal background check. (2) Each year, more than 600,000 people return to society from State or Federal prison. (3) Nearly 11,000,000 Americans are admitted to city and county jails each year, with an average daily population of more than 700,000 people. (4) An estimated 2,100,000 youth under the age of 18 are arrested every year in the United States. (5) 1,700,000 juvenile delinquency cases are disposed of in juvenile courts annually. (6) Juvenile records are not always confidential; many States disclose information about youth involvement with the juvenile justice system or do not have procedures to seal or expunge juvenile records. (7) The compounding effects of collateral consequences due to criminal justice involvement hinder the ability of individuals to reenter society successfully. (8) People of color and low-income people are disproportionately impacted by the collateral consequences of criminal justice involvement. (9) Incarceration leads to decreased earnings, unemployment, and poverty. (10) Upon reentry, lower educational attainment, a lack of work skills or history, and the stigma of a criminal record can hinder a formerly incarcerated person’s ability to return to their communities successfully. (11) One way to improve reentry outcomes is to increase educational opportunities for people with a criminal or juvenile justice history. (12) By reducing rearrests and reconvictions, and by increasing educational attainment, formerly incarcerated individuals are better situated to find stable employment, contributing to their communities. 3. Beyond the box for higher education Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Beyond the box for higher education (a) Training and technical assistance (1) In general The Secretary, acting through the Office of Policy, Planning, and Innovation of the Office of Postsecondary Education of the Department and with consultation from the Department of Justice and relevant community stakeholders, shall issue guidance and recommendations for institutions of higher education to remove criminal and juvenile justice questions from their application for admissions process. (2) Guidance and recommendations The guidance and recommendations issued under paragraph (1) shall include the following: (A) If an institution of higher education collects criminal or juvenile justice information on applicants for admission, it is recommended that the institution determine whether this information is necessary to make an informed admission decision and whether it would be appropriate to remove these questions from the application. (B) If an institution of higher education determines that it is appropriate to remove criminal or juvenile justice questions from the institution's application for admissions process, it is recommended that the institution comply with the following: (i) If criminal or juvenile justice questions are necessary for the other aspects of the institution's interactions with applicants, identify those specific interactions in which it is appropriate to ask such questions. (ii) In non-admissions interactions, inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible how to respond to the inquiry. (iii) In non-admissions inquiries about criminal or juvenile justice history, ensure the questions are specific and narrowly focused, and make it clear that answering the questions may not negatively impact applicants’ chances of enrollment. (iv) In non-admissions inquiries about criminal or juvenile justice history, give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study. (v) Provide staff of the institution who have access to a prospective or current student’s criminal or juvenile justice history, the necessary and proper training on the effective use of criminal or juvenile justice history data, including the problems associated with this information, the types of supporting documents that may need to be obtained, and the appropriate privacy protections that must be put in place. (C) If an institution of higher education determines that it is necessary to inquire about the criminal or juvenile justice history of applicants for admission, it is recommended that the institution comply with the following: (i) Delay the request for, or consideration of, such information until after an admission decision has been made to avoid a chilling effect on applicants whose criminal or juvenile justice involvement may ultimately be determined irrelevant by the institution. (ii) Provide notice and justification for applicants within 30 days if, upon receiving information regarding applicants’ criminal or juvenile justice involvement, the admission to the institution is denied or rescinded based solely on the applicant's criminal or juvenile justice involvement. (iii) Inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible in the application process how to respond to the inquiry. (iv) Ensure the questions are specific and narrowly focused. (v) Give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study. (vi) Provide admissions personnel, registrars, and any other relevant staff of the institution, as well as any other staff that should have access to a prospective or current student’s criminal or juvenile justice history, the necessary and proper training on the effective use of criminal or juvenile justice history data, including the biases or limitations associated with this information, the types of supporting documents that may need to be obtained, and the appropriate privacy protections that must be put in place. (3) Training and technical assistance (A) In general The Secretary, acting through the Office of Postsecondary Education of the Department, shall use funds available to the Department to provide institutions of higher education with training and technical assistance on developing policies and procedures aligned with the recommendations described in paragraph (2). (B) Training The training described in subparagraph (A) shall include— (i) training for admissions and financial aid personnel and enrollment management staff of an institution of higher education to understand and evaluate an applicant if— (I) the institution makes a determination under paragraph (2)(A) to continue asking criminal or juvenile justice history questions in the admissions process; or (II) the institution makes a determination under paragraph (2)(A) to remove criminal or juvenile justice history questions in the admissions process, but continues to make criminal or juvenile justice history inquiries in non-admissions settings; (ii) training to ensure that if an institution does not ask criminal or juvenile justice history questions, that proxy questions or factors are not used in lieu of criminal or juvenile justice history information; (iii) training for financial aid personnel and any other staff of an institution of higher education involved with campus employment to provide guidance related to work study programs or on campus employment available to formerly incarcerated or juvenile adjudicated individuals; (iv) training for registrars, academic counselors, student housing staff, student life staff, and any other staff of an institution of higher education who would have access to a student’s criminal or juvenile justice information when the student is an enrolled student; and (v) training for career counselors to ensure that students with involvement in the criminal or juvenile justice system are provided with targeted career guidance, made aware of potential barriers to employment or licensure, and provided assistance to respond to these barriers. (b) Resource center The Secretary shall develop a resource center that will serve as the repository for— (1) best practices as institutions of higher education develop and implement practices aligned with the recommendations described in subsection (a)(2) to ensure the successful educational outcomes of students with criminal or juvenile justice histories; and (2) supplemental research on criminal and juvenile justice-involved individuals and postsecondary education. . | https://www.govinfo.gov/content/pkg/BILLS-117s2634is/xml/BILLS-117s2634is.xml |
117-s-2635 | II 117th CONGRESS 1st Session S. 2635 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit a plan to eliminate the backlog of passport applications due to the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Passport Backlog Elimination Act . 2. Plan to eliminate passport application backlog (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Homeland Security and Governmental Affairs of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Oversight and Reform of the House of Representatives . (b) In general Not later than October 30, 2021, or 30 days after the date of the enactment of this Act, whichever is later, after consultation with the appropriate congressional committees, the Secretary of State shall submit a plan to the appropriate congressional committees, containing the actionable strategies described in subsection (c), to ensure that the backlog of passport applications due to the COVID–19 pandemic is eliminated in a timely manner in order to promote the national security and economic interests of the United States. (c) Actionable strategies The actionable strategies described in this subsection are— (1) eliminating the backlog of at least 1,400,000 passport applications; (2) establishing a timeline for the elimination of such backlog; (3) ensuring that— (A) the expected processing time for routine passport applications is between 6 and 8 weeks; (B) the expected processing time for expedited passport applications is between 2 to 3 weeks; and (C) the expected processing time for expedited passport applications for Federal Government personnel is not more than 8 business days; (4) ensuring the safety of Department of State personnel and customers and compliance with all applicable Federal, State, and local health and social distancing guidelines; and (5) offering expedited service for applicants requiring a passport for purposes related to their employment. (d) Implementation Not later than 30 days after the submission of the plan required under subsection (b), the Secretary of State shall begin implementing the plan to eliminate the backlog of passport applications due to the COVID–19 pandemic. (e) Inspector General audit Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit to the appropriate congressional committees the results of an audit analyzing— (1) the elimination of the passport application backlog required by the plan submitted pursuant to subsection (b); and (2) the Department of State’s efforts to carry out the actionable strategies described in subsection (c). 3. Termination of requirements The requirements under this Act shall terminate on September 30, 2021, if, on such date— (1) all of the passport applications received before June 15, 2021, have been processed; and (2) the Department of State has resumed accepting passport applications for routine and expedited processing. | https://www.govinfo.gov/content/pkg/BILLS-117s2635is/xml/BILLS-117s2635is.xml |
117-s-2636 | II 117th CONGRESS 1st Session S. 2636 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Hirono (for herself, Ms. Klobuchar , Mr. King , Ms. Smith , Mr. Merkley , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Research Facilities Act and the Agricultural Research, Extension, and Education Reform Act of 1998 to address deferred maintenance at agricultural research facilities, and for other purposes.
1. Short title This Act may be cited as the AuGmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-edge and Helpful Act or the AG RESEARCH Act . 2. Agricultural research facilities (a) Findings Congress finds that— (1) in 2019, agriculture and related industries— (A) contributed $1,109,000,000,000 to the gross domestic product of the United States (5.2 percent of the total gross domestic product of the United States); and (B) provided 22,200,000 jobs domestically (10.9 percent of total employment in the United States); (2) the Department of Agriculture funds more than $1,600,000,000 in research funding each year to schools of agriculture; (3) a study published in 2015 found that deferred maintenance needs at 91 schools of agriculture across the United States totaled $8,400,000,000, with a total replacement cost of $29,000,000,000; (4) a study published in 2021 found that deferred maintenance needs at schools of agriculture across the United States had increased to $11,500,000,000, with a total replacement cost of $38,100,000,000; and (5) infrastructure investments must be made at schools of agriculture to ensure that United States agricultural research remains globally competitive. (b) Evaluation of proposals Section 3(d) of the Research Facilities Act ( 7 U.S.C. 390a(d) ) is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following: (1) review the proposal in consultation with representatives of National Institute of Food and Agriculture peer review panels; . (c) Grants for agricultural research facilities Section 4 of the Research Facilities Act ( 7 U.S.C. 390b ) is amended to read as follows: 4. Grants for agricultural research facilities (a) Purpose The purpose of this section is to assist agricultural research facilities in efforts to alter or repair those facilities or equipment of the facilities necessary for conducting agricultural research. (b) Grant program (1) In general The Secretary shall establish in the National Institute of Food and Agriculture a competitive grant program to provide to agricultural research facilities the Federal share of the cost of the construction, alteration, acquisition, modernization, renovation, or remodeling of— (A) the agricultural research facilities; or (B) equipment of the agricultural research facilities necessary for conducting agricultural research. (2) Secretarial waiver Notwithstanding section 3(c)(2)(A), the Secretary may provide that the Federal share described in paragraph (1) is up to 100 percent of the costs described in that paragraph on a case-by-case basis, as the Secretary determines to be appropriate. (c) Requirements (1) Amount; terms and conditions Grants awarded under this section shall be in such amounts and under such terms and conditions as the Secretary determines are necessary to carry out the purpose of this section. (2) Equitable distribution To the maximum extent practicable, grants shall be awarded under this section to ensure— (A) an equitable geographic distribution of funds; (B) an equitable distribution of funds to diverse institutions; and (C) an equitable distribution of funds to agricultural research facilities of various sizes. (3) Limitation Not greater than 20 percent of amounts made available to carry out this section shall be awarded to projects in any 1 State. (4) Administration In carrying out this section, the Secretary shall establish procedures for— (A) the submission of proposals for competitive grants; and (B) in consultation with representatives of National Institute of Food and Agriculture peer review panels, the review and selection of proposals submitted under subparagraph (A). . (d) Authorization of appropriations Section 6 of the Research Facilities Act ( 7 U.S.C. 390d ) is amended— (1) in subsection (a), in the first sentence, by striking 2023 and inserting 2026 ; and (2) in subsection (b), by inserting Federal before administration . 3. Agricultural research centers (a) Finding Congress finds that the Agricultural Research Service Capital Investment Strategy dated April 2012 indicates that research facilities of the Agricultural Research Services have more than $1,000,000,000 in deferred maintenance. (b) Direct funding for deferred maintenance at ARS research facilities Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 ) the following: 401. Direct funding for deferred maintenance at ARS research facilities (a) In general Using amounts made available under subsection (c), the Secretary shall provide direct payments to research facilities of the Agricultural Research Service for the purpose of addressing deferred maintenance. (b) Priority In providing direct payments under subsection (a), the Secretary shall give priority to the most critical structures in accordance with the Agricultural Research Service Capital Investment Strategy dated April 2012. (c) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2636is/xml/BILLS-117s2636is.xml |
117-s-2637 | II 117th CONGRESS 1st Session S. 2637 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Public Utility Regulatory Policies Act of 1978 to require the consideration of a standard requiring electric utilities to offer community solar programs to ratepayers.
1. Short title This Act may be cited as the Establishment of Community Solar Programs Act of 2021 . 2. Establishment of community solar programs (a) In general Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: (20) Community solar programs (A) Definitions In this paragraph: (i) Community solar facility The term community solar facility means a solar power generating photovoltaic system (including any related onsite equipment, such as 1 or more energy storage devices) that— (I) has multiple subscribers who receive financial benefits directly attributable to the system; (II) is connected to a local distribution circuit of the electric utility; (III) is located either on or off the property of the applicable electric consumers; and (IV) may be owned by an electric utility, an electric consumer, or a third party. (ii) Community solar program The term community solar program means a service provided by an electric utility to an electric consumer served by the electric utility through which the full value of electricity generated by a community solar facility may be used to offset charges billed to the electric consumer by the electric utility. (B) Standard (i) Non-Tribal utilities Each electric utility that is not a Tribal utility shall offer a community solar program to which all ratepayers of the electric utility, including low-income ratepayers, have equitable and demonstrable access. (ii) Tribal utilities (I) In general A Tribal utility may offer a community solar program. (II) Resources A Tribal utility that offers a community solar program may leverage the resources made available to the Tribal utility under this Act to carry out that community solar program. . (b) Compliance (1) Time limitations Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (7) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). (B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d). . (2) Failure to comply (A) In general Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended— (i) by striking such paragraph (14) and all that follows through paragraphs (16) and inserting such paragraph (14). In the case of the standard established by paragraph (15) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (15). In the case of the standards established by paragraphs (16) ; and (ii) by adding at the end the following: In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20). . (B) Technical correction (i) In general Section 1254(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 971) is amended— (I) by striking paragraph (2); and (II) by redesignating paragraph (3) as paragraph (2). (ii) Treatment The amendment made by paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 971) (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(d) ) shall be in effect as if that amendment had not been enacted. (3) Prior State actions (A) In general Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended by adding at the end the following: (g) Prior State actions Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); (2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or (3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility. . (B) Cross-reference Section 124 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2634 ) is amended— (i) by striking this subsection each place it appears and inserting this section ; and (ii) by adding at the end the following: In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20). . | https://www.govinfo.gov/content/pkg/BILLS-117s2637is/xml/BILLS-117s2637is.xml |
117-s-2638 | II 117th CONGRESS 1st Session S. 2638 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Luján (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide additional funding under the Child Abuse Prevention and Treatment Act.
1. Short title This Act may be cited as the Family Strengthening Infrastructure Act of 2021 . 2. Additional CAPTA funding (a) Additional amounts for State grants To improve child protective services Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended by adding at the end the following: (g) Additional funding (1) In general To carry out this section, in addition to amounts made available under section 112 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (2) Allotments Except as otherwise provided in this section, out of the amounts appropriated under paragraph (1), the Secretary shall make allotments to each eligible State and territory in an amount equal to the sum of— (A) $50,000; and (B) an amount that bears the same relationship to any amounts appropriated under paragraph (1) that remain after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant. (3) Eligible State To be eligible to receive an allotment under paragraph (2), a State or territory shall demonstrate in its application for a grant under this section that such State or territory, for purposes of carrying out the programs supported by such grant, will expend the same amount, or more, of State or territory funds in the fiscal year for which the grant is awarded as such State or territory expended for such purposes in the previous fiscal year. (4) Definitions In this subsection, the terms State and territory have the meanings given such terms in subsection (f)(1). . (b) Additional amounts for community-Based grants for the prevention of child abuse and neglect (1) In general Section 203 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116b ) is amended— (A) in subsection (a), by striking amount appropriated under section 210 and inserting amounts appropriated under section 209 and subsection (d)(1) ; and (B) by adding at the end the following: (d) Additional funding (1) Additional appropriation To carry out this title, in addition to amounts made available under section 209 for such purposes, there are authorized to be appropriated, and there are appropriated, out of amounts in the Treasury not otherwise appropriated, $250,000,000 for each of fiscal years 2022 through 2031, to remain available until expended. (2) Allotments (A) In general The Secretary shall allot the amount appropriated under paragraph (1) for a fiscal year and remaining after the reservation under subsection (a) among eligible States in the same manner the Secretary allots amounts appropriated under section 209 pursuant to subsection (b). For purposes of this paragraph, the allotment formula described in subsection (b) shall be applied substituting eligible State for State each place such term appears in such subsection, and substituting eligible States for States each place such term appears in such subsection. (B) Eligible State For purposes of this paragraph, the term eligible State means a State that demonstrates in its application for a grant under section 204 that such State, for purposes of carrying out the programs supported by a grant under this title, will expend the same amount, or more, of State funds in the fiscal year for which the grant is awarded as such State expended for such purposes in the previous fiscal year. . (2) Clarification Section 204(4) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d(4) ) is amended by inserting (excluding any amount received under section 203(d)) after received under this title . | https://www.govinfo.gov/content/pkg/BILLS-117s2638is/xml/BILLS-117s2638is.xml |
117-s-2639 | II 117th CONGRESS 1st Session S. 2639 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Schatz (for himself, Mr. Luján , Mrs. Shaheen , Ms. Warren , Ms. Klobuchar , Mr. Merkley , Mr. Heinrich , Mr. Reed , Ms. Smith , Ms. Rosen , Ms. Hirono , Mr. Blumenthal , Mr. Booker , Mr. Markey , Mrs. Gillibrand , Mr. Leahy , Mr. Durbin , Mr. Murphy , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a State public option through Medicaid to provide Americans with the choice of a high-quality, low-cost health insurance plan.
1. Short title This Act may be cited as the State Public Option Act . 2. Medicaid buy-in option (a) In general Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)(10)— (A) in subparagraph (A)(ii)— (i) in subclause (XXII), by striking ; or and inserting a semicolon; (ii) in subclause (XXIII), by adding or at the end; and (iii) by adding at the end the following new subclause: (XXIV) beginning January 1, 2022, who are residents of the State and are not concurrently enrolled in another health insurance coverage plan, subject, in the case of individuals described in subsection (tt) and notwithstanding section 1916 (except for subsection (k) of such section), to payment of premiums or other cost-sharing charges; ; and (B) in the matter following subparagraph (G), by inserting or subparagraph (A)(ii)(XXIV) after described in subparagraph (A)(i)(VIII) ; and (2) by adding at the end the following new subsection: (tt) Previously undescribed individuals Individuals described in this subsection are individuals who are— (1) described in subclause (XXIV) of subsection (a)(10)(A)(ii); and (2) are not described in any other subclause of such subsection or any other provision in this Act which provides for eligibility for medical assistance. . (b) Provision of at least minimum coverage (1) In general Section 1902(k)(1) of the Social Security Act ( 42 U.S.C. 1396a(k)(1) ) is amended by inserting or an individual described in subclause (XXIV) of subsection (a)(10)(A)(ii) after an individual described in subclause (VIII) of subsection (a)(10)(A)(i) each place it appears. (2) Conforming amendment Section 1903(i)(26) of the Social Security Act ( 42 U.S.C. 1396b(i)(26) ) is amended by striking individuals described in subclause (VIII) of subsection (a)(10)(A)(i) and inserting individuals described in subsections (a)(10)(A)(i)(VIII) or (a)(10)(A)(ii)(XXIV) of section 1902 . (c) Federal financial participation in buy-In program (1) Enhanced match for administrative expenses Section 1903(a) of the Social Security Act ( 42 U.S.C. 1396b(a) ) is amended— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: (7) an amount equal to 90 percent of the sums expended during such quarter which are attributable to reasonable administrative expenses related to the administration of a Medicaid buy-in program for individuals described in section 1902(a)(10)(A)(ii)(XXIV); plus . (2) Treatment of premium and cost-sharing revenues from Medicaid buy-in program (A) In general For purposes of section 1903(a)(1) of the Social Security Act ( 42 U.S.C. 1396b(a)(1) ), for any fiscal quarter during which a State collects premiums, cost-sharing, or similar charges under subsection (k) of section 1916 of such Act ( 42 U.S.C. 1396o ) (as added by this Act), including any advance payments of premium tax credits under section 1412 of the Patient Protection and Affordable Care Act or payments for cost-sharing reductions under section 1402 of such Act that are received by the State, the total amount expended during such quarter as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of the Social Security Act (as added by this Act) shall be reduced by the amount of such premiums or charges. (B) Treatment of excess premiums Each State that collects premiums or similar charges under subsection (k) of section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) (as added by this Act) in a fiscal year shall pay to the Secretary of Health and Human Services, at such time and in such form and manner as the Secretary shall specify, an amount equal to 50 percent of the amount, if any, by which— (i) the total amount of such premiums and charges collected by the State for such year; exceeds (ii) the total amount expended by the State during such year as medical assistance for individuals who buy into Medicaid coverage under subclause (XXIV) of section 1902(a)(10)(A)(ii) of such Act (as added by this Act). (d) Cost-Sharing requirement Section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) is amended by adding at the end the following new subsection: (k) Premiums and cost-Sharing for individuals participating in Medicaid buy-In program (1) In general Subject to paragraph (2), with respect to individuals who are eligible for medical assistance under subsection (a)(10)(A)(ii)(XXIV) of section 1902 and are described in subsection (tt) of such section, a State may— (A) impose premiums, deductibles, cost-sharing, or other similar charges that are actuarially fair; and (B) vary the premium rate imposed on an individual based only on the factors described in section 2701(a)(1)(A) of the Public Health Service Act and subject to the same limitations on the weight which may be given to such factors under such section. (2) Limitations (A) Premiums The total amount of premiums imposed for a year under this subsection with respect to all individuals described in paragraph (1) in a family shall not exceed an amount equal to 8.5 percent of the family’s household income (as defined in section 36B(d)(2) of the Internal Revenue Code of 1986) for the year involved. (B) Other cost-sharing (i) In general The cost-sharing limitations described in section 1302(c) of the Patient Protection and Affordable Care Act shall apply to cost-sharing (as defined in such section) for medical assistance provided under section 1902(a)(10)(A)(ii)(XXIV) in the same manner as such limitations apply to cost-sharing under qualified health plans under title I of such Act. (ii) Availability of cost-sharing reductions Individuals provided medical assistance under section 1902(a)(10)(A)(ii)(XXIV) and subject to cost-sharing under this subsection are eligible for cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act (subject to the income eligibility threshold in subsection (b)(2) of such section), and in applying such section— (I) enrollment in a State plan under section 1902(a)(10)(A)(ii)(XXIV) shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange established for or by the State under title I of the Patient Protection and Affordable Care Act; and (II) the State agency administering such plan shall be treated as the issuer of such plan. (3) Premiums and cost-sharing for certain other individuals If an individual is eligible for medical assistance under subsection (a)(10)(A)(ii)(XXIV) of section 1902 and is not described in subsection (tt) of such section, a State— (A) shall not impose premiums and cost-sharing on the individual under this subsection; and (B) may impose premiums and cost-sharing on the individual to the extent allowed by another provision of this Act (other than section 1902(a)(10)(A)(ii)(XXIV)) which provides for eligibility for medical assistance, but only if the individual is described in such other provision. (4) Application of premium assistance tax credits An individual who is required to pay premiums under this subsection for a year for medical assistance shall be eligible for a premium assistance credit under section 36B of the Internal Revenue Code to the same extent that such individual would be eligible for a premium assistance credit under such section if such individual had paid the same amount in premiums for coverage under a qualified health plan for such year. . (e) Managed care Section 1932(a)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 1396u–2(a)(1)(A)(i) ) is amended by inserting , including an individual who is eligible for such assistance after buying into such coverage under section 1902(a)(10)(A)(ii)(XXIV), after the State plan under this title . (f) Offering buy-In program on State exchange; enrollment periods (1) In general A State that has elected to allow individuals to buy into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) shall allow individuals to enroll in such coverage through the Federal, federally facilitated, or State Exchange established pursuant to title I of the Patient Protection and Affordable Care Act. (2) Enrollment periods A State may limit the enrollment of individuals into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act (as added by this Act) to the enrollment periods provided for under section 1311(c)(6) of the Patient Protection and Affordable Care Act. (g) Application of advanced premium tax credits to Medicaid buy-In plans (1) In general Section 36B of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)(3)(B), by adding at the end the following new sentence: If an applicable taxpayer resides in a rating area in which no silver plan is offered on the individual market but the taxpayer buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, such Medicaid coverage shall be deemed to be the applicable second lowest cost silver plan with respect to such taxpayer. ; and (B) by adding at the end the following new subsection: (h) Application to individuals purchasing Medicaid coverage In the case of any individual who buys into Medicaid coverage under section 1902(a)(10)(A)(ii)(XXIV) of the Social Security Act, this section shall be applied with the following modifications: (1) The amount determined under subsection (b)(2)(A) shall be increased by the amount of the monthly premiums paid for such coverage. (2) Subsection (c)(2)(A)(i) shall be applied by treating coverage under the Medicaid program under title XIX of the Social Security Act in the same manner as a qualified health plan that was enrolled in through an Exchange. (3) In applying subsection (c)(2)(B)— (A) an individual shall not be considered to be eligible for minimum essential coverage described in section 5000A(f)(1)(A)(ii) by reason of eligibility for medical assistance under a State Medicaid program under section 1902(a)(10)(A)(ii)(XXIV); and (B) an individual who is not covered by minimum essential coverage described in section 5000A(f)(1)(B) shall not be considered to be eligible for such coverage. . (2) Advanced payment of credit (A) In general The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish a program under which— (i) upon request of a State agency administering a State Medicaid program under title XIX of the Social Security Act, advance determinations are made in a manner similar to advanced determinations under section 1412 of the Patient Protection and Affordable Care Act with respect to the income eligibility of individuals enrolling in such program for the premium tax credit allowable under section 36B of the Internal Revenue Code of 1986 and the cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act; (ii) the Secretary notifies— (I) the State agency administering the program and the Secretary of the Treasury of the advance determinations; and (II) the Secretary of the Treasury of the name and employer identification number of each employer with respect to whom 1 or more employees of the employer were determined to be eligible for the premium tax credit under section 36B of the Internal Revenue Code of 1986 and the cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act because— (aa) the employer did not provide minimum essential coverage; or (bb) the employer provided such minimum essential coverage but it was determined under section 36B(c)(2)(C) of such Code to either be unaffordable to the employee or not provide the required minimum actuarial value; and (iii) the Secretary of the Treasury makes advance payments of such credit or reductions to the State agency administering the program in order to reduce the premiums payable by individuals eligible for such credit. (B) Determinations and payments Rules similar to subsections (b) and (c) of section 1412 of the Patient Protection and Affordable Care Act shall apply for purposes of this subsection. (C) Coordination with credit (i) In general Section 36B of the Internal Revenue Code of 1986 is amended by inserting and under section 2(g)(2) of the State Public Option Act after section 1412 of the Patient Protection and Affordable Care Act each place it appears in subsections (f)(1), (f)(2), and (g)(1). (ii) Information reporting Section 36B(f)(3) of such Code is amended by adding at the end the following flush sentence: In the case of any coverage under the Medicaid program under title XIX of the Social Security Act for which a credit under this section is allowable by reason of subsection (h), the State agency administering the Medicaid program shall be treated as an Exchange for purposes of this paragraph and subparagraph (A) shall not apply. . (3) Conforming amendment relating to employer responsibility Paragraph (6) of section 4980H(c) of the Internal Revenue Code of 1986 is amended by inserting , except that for purposes of subsections (a)(2) and (b)(2), the term qualified health plan shall include any plan described in section 36B(h) after such Act . (h) Conforming amendments (1) Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ), as amended by subsection (a), is further amended, in the matter following subparagraph (G)— (A) by striking and (XVIII) and inserting , (XVIII) ; and (B) by inserting , and (XIX) the medical assistance made available to an individual described in subparagraph (A)(ii)(XXIV) shall be limited to medical assistance described in subsection (k)(1) before the semicolon. (2) Section 1903(f)(4) of the Social Security Act ( 42 U.S.C. 1396b(f)(4) ) is amended by inserting 1902(a)(10)(A)(ii)(XXIV), after 1902(a)(10)(A)(ii)(XXII), . (3) Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended, in the matter preceding paragraph (1)— (A) by striking or at the end of clause (xvi); (B) by inserting or at the end of clause (xvii); and (C) by inserting after clause (xvii) the following new clause: (xviii) individuals described in section 1902(a)(10)(A)(ii)(XXIV), . (4) Section 1916A(a)(1) of the Social Security Act ( 42 U.S.C. 1396o–1(a)(1) ) is amended by striking or (j) and inserting (j), or (k) . (5) Section 1937(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1396u–7(a)(1)(B) ) is amended by inserting , subclause (XXIV) of section 1902(a)(10)(A)(ii), after 1902(a)(10)(A)(i) . 3. Development of State-level metrics on Medicaid beneficiary access and satisfaction (a) In general (1) Development of metrics Not later than 1 year after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality, in consultation with State Medicaid Directors, shall develop standardized, State-level metrics of access to, and satisfaction with, providers, including primary care and specialist providers, with respect to individuals who are enrolled in State Medicaid plans under title XIX of the Social Security Act. (2) Process The Director of the Agency for Healthcare Research and Quality shall develop the metrics described in paragraph (1) through a public process, which shall provide opportunities for stakeholders to participate. (b) Updating metrics The Director of the Agency for Healthcare Research and Quality, in consultation with the Deputy Administrator for the Center for Medicaid and CHIP Services and State Medicaid Directors, shall update the metrics developed under subsection (a) not less than once every 3 years. (c) State implementation funding The Director of the Agency for Healthcare Research and Quality may award funds, from the amount appropriated under subsection (d), to States for the purpose of implementing the metrics developed under this section. (d) Appropriation There is appropriated to the Director of the Agency for Healthcare Research and Quality, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for fiscal year 2022, to remain available until expended, for the purpose of carrying out this section. 4. Renewal of application of Medicare payment rate floor to primary care services furnished under Medicaid and inclusion of additional providers (a) Renewal of payment floor; additional providers (1) In general Section 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended by striking subparagraph (C) and inserting the following: (C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are— (i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or (ii) furnished in the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act — (I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; (II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; (III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of— (aa) a physician that satisfies the criteria specified in subclause (I) or (II); or (bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; (IV) by a rural health clinic, federally qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse-midwife; or (V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII; . (2) Conforming amendments Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended— (A) by striking Notwithstanding and inserting the following: (1) In general Notwithstanding ; (B) by inserting or furnished during the additional period specified in paragraph (2), after 2015, ; and (C) by adding at the end the following: (2) Additional period For purposes of paragraph (1), the additional period specified in this paragraph is the period that begins on the first day of the first month that begins after the date of enactment of the State Public Option Act . . (b) Improved targeting of primary care Section 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking For purposes of and inserting the following: (1) In general For purposes of ; and (3) by adding at the end the following: (2) Exclusions Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital. . (c) Ensuring payment by managed care entities (1) In general Section 1903(m)(2)(A) of the Social Security Act ( 42 U.S.C. 1396b(m)(2)(A) ) is amended— (A) in clause (xii), by striking and after the semicolon; (B) in clause (xiii)— (i) by realigning the left margin so as to align with the left margin of clause (xii); and (ii) by striking the period at the end of clause (xiii) and inserting ; and ; and (C) by inserting after clause (xiii) the following: (xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(C) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(C) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall approve payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation to the State sufficient to enable the State and the Secretary to ensure compliance with subclause (I). . (2) Conforming amendment Section 1932(f) of the Social Security Act ( 42 U.S.C. 1396u–2(f) ) is amended by inserting and clause (xiv) of section 1903(m)(2)(A) before the period. 5. Increased FMAP for medical assistance to newly eligible individuals (a) In general Section 1905(y)(1) of the Social Security Act ( 42 U.S.C. 1396d(y)(1) ) is amended— (1) in subparagraph (A), by striking 2014, 2015, and 2016 and inserting each of the first 3 consecutive 12-month periods in which the State provides medical assistance to newly eligible individuals ; (2) in subparagraph (B), by striking 2017 and inserting the fourth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals ; (3) in subparagraph (C), by striking 2018 and inserting the fifth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals ; (4) in subparagraph (D), by striking 2019 and inserting the sixth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals ; and (5) in subparagraph (E), by striking 2020 and each year thereafter and inserting the seventh consecutive 12-month period in which the State provides medical assistance to newly eligible individuals and each such period thereafter . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of Public Law 111–148 . 6. Medicaid coverage of comprehensive reproductive health care services (a) Inclusion of comprehensive reproductive health care services as medical assistance Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ), as amended by section 2(h), is further amended— (1) in paragraph (30), by striking and at the end; (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting after paragraph (30) the following new paragraph: (31) comprehensive reproductive health care services, including abortion services and abortion-related services; and . (b) Requiring coverage of comprehensive reproductive health care services as condition of State plan approval Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ), as amended by subsections (a) and (h) of section 2, is further amended, in the matter preceding clause (i), by striking and (30) and inserting (30), and (31) . (c) Conforming amendment Section 1932(e)(1)(B) of the Social Security Act ( 42 U.S.C. 1396u–2(e)(1)(B) ) is amended by striking Clause (i) and inserting With respect to the period beginning before January 1, 2023, clause (i) . (d) Effective date The amendments made by this section shall apply with respect to medical assistance furnished on or after January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s2639is/xml/BILLS-117s2639is.xml |
117-s-2640 | II 117th CONGRESS 1st Session S. 2640 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Baldwin (for herself, Mr. Casey , Mr. King , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a program for developing medical countermeasures for unknown viral threats.
1. Short title This Act may be cited as the Disease X Act . 2. Medical countermeasures for unknown viral threats (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Director of the Biomedical Advanced Research and Development Authority, in coordination and consultation with the relevant offices and agencies participating in the Public Health Emergency Medical Countermeasures Enterprise, shall establish a Disease X Medical Countermeasures program for purposes of developing medical countermeasures, including therapeutics, diagnostics, and vaccines, for unknown viral threats. (b) Consultation Pursuant to the program established under subsection (a)— (1) the Secretary shall consult with the Public Health Emergency Medical Countermeasures Enterprise regarding any investment strategies; (2) the Department of Health and Human Services shall be the agency with primary responsibility concerning medical countermeasures needed to protect the diverse public of the United States, including children and other at-risk populations; and (3) the Secretary shall consult with the Secretary of Defense concerning medical countermeasures targeted to the protection of military personnel. (c) Accessibility and equity To protect the diverse public of the United States, the Secretary shall prioritize equity and accessibility, including ease of administration and distribution, in the development of medical countermeasures. (d) Grant program (1) In general To carry out the program under this section, the Secretary may award grants, contracts, and cooperative agreements to, and enter into other transactions with, eligible entities. (2) Eligibility To be eligible to receive a grant, contract, or cooperative agreement under this subsection, or to enter into another transaction with the Secretary under this subsection, an entity shall be based in the United States and shall maintain domestic research and development and manufacturing operations. (3) Requirement Not fewer than 25 percent of the recipients of grants under this subsection shall be eligible entities with 500 or fewer employees. (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2025. | https://www.govinfo.gov/content/pkg/BILLS-117s2640is/xml/BILLS-117s2640is.xml |
117-s-2641 | II 117th CONGRESS 1st Session S. 2641 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Boozman (for himself, Mr. Casey , and Mr. Daines ) 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 payment for services of radiologist assistants under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Medicare Access to Radiology Care Act of 2021 . 2. Medicare payment for radiologist assistant services (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (z) Payment for certain radiologist assistant services (1) Payment (A) In general In the case of radiologist assistant services (as defined in subparagraph (B)) furnished on or after January 1, 2022, for which payment is made under the fee schedules established under section 1848, the amount of payment for such services shall equal 85 percent of the amount determined under section 1848 for such services when furnished by a radiologist. (B) Definitions In this subsection: (i) Radiologist assistant services The term radiologist assistant services means services furnished as an incident to a radiologists’ professional service— (I) performed by a radiologist assistant (as defined in clause (ii)) under the supervision of a radiologist as an employee of, a leased employee of, or an independent contractor of the supervising radiologist; and (II) which the radiologist assistant is legally authorized to perform under State law (or the State regulatory mechanism provided by State law). (ii) Radiologist assistant The term radiologist assistant means a radiographer who is certified by the American Registry of Radiologic Technologists as a registered radiologist assistant or by the Certification Board for Radiology Practitioner Assistants as a radiology practitioner assistant to perform radiologic procedures under the supervision of a radiologist. (2) Payment in facility settings (A) In general The Secretary shall provide for payment for radiologist assistant services in a facility setting furnished on or after January 1, 2022. Payment shall be made to the supervising radiologist. (B) Payment amount The amount of payment for radiologist assistant services furnished in a facility setting shall be the amount determined under paragraph (1). (C) Facility setting defined In this paragraph, the term facility setting means— (i) a hospital or critical access hospital; (ii) an ambulatory surgical center; and (iii) such other providers of services as the Secretary may specify. (3) Rules of construction Nothing in this subsection shall be construed as affecting— (A) coverage of and payment for the technical component (including the technical component of a global fee) with respect to imaging services under this title as in effect before the date of the enactment of this Act; (B) the amount of payment made for radiologists’ services under this title when furnished solely by a radiologist; or (C) the amount of payment made under this title for services furnished by a hospital, critical access hospital, ambulatory surgical center, or any other facility setting specified by the Secretary under paragraph (2)(C)(iii), as the case may be. . (b) Conforming amendment for payment to supervising radiologist The first sentence of section 1842(b)(6) of such Act ( 42 U.S.C. 1395u(b)(6) ) is amended— (1) by striking and before (J) ; and (2) by inserting before the period at the end the following: , and (K) in the case of radiologist assistant services (as defined in section 1834(z)(1)(B)(i)), payment shall be made to the supervising radiologist . | https://www.govinfo.gov/content/pkg/BILLS-117s2641is/xml/BILLS-117s2641is.xml |
117-s-2642 | II 117th CONGRESS 1st Session S. 2642 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To exempt large cruise ships from certain requirements applicable to passenger vessels, and for other purposes.
1. Short title This Act may be cited as the Safeguarding American Tourism Act . 2. Adjusting applicability of certain PVSA and Jones Act requirements (a) PVSA domestic requirements Section 55103 of title 46, United States Code, is amended by adding at the end the following: (c) Nonapplicablity This section shall not apply to any vessel with 800 or more passenger berths. . (b) Jones Act requirements Chapter 121 of title 46, United States Code, is amended— (1) in section 12103, by adding at the end the following: (d) Nonapplicability The requirements of this section shall not apply to any vessel with 800 or more passenger berths and that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. ; and (2) in section 12112(a)— (A) in paragraph (1), by inserting except in the case of a vessel described in subparagraph (C) of paragraph (2), before satisfies ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking or after the semicolon; (ii) in subparagraph (B)(iii), by striking ; and and inserting ; or ; and (iii) by adding at the end the following: (C) has 800 or more passenger berths and transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port; and . (c) Adjustment of citizenship and Navy Reserve requirements Section 8103(k) of title 46, United States Code, is amended to read as follows: (k) Nonapplicability to certain passenger vessels Subsections (a) and (b) shall not apply to any vessel with 800 or more passenger berths and that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. . 3. Rule of construction Nothing in the amendments made by this Act shall be construed to exempt a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, from any applicable law of the United States except as explicitly provided in such amendments. | https://www.govinfo.gov/content/pkg/BILLS-117s2642is/xml/BILLS-117s2642is.xml |
117-s-2643 | II 117th CONGRESS 1st Session S. 2643 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To adjust certain ownership and other requirements for passenger vessels, and for other purposes.
1. Short title This Act may be cited as the Open America's Ports Act . 2. Repeal of PVSA and adjustment of Jones Act requirements for passenger vessels (a) Repeal of PVSA domestic requirements Section 55103 of title 46, United States Code (commonly referred to as the Passenger Vessel Services Act of 1886 ), is repealed. (b) Adjustment of Jones Act requirements Chapter 121 of title 46, United States Code, is amended— (1) in section 12103, by adding at the end the following: (d) Nonapplicability The requirements of this section shall not apply to any vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. ; (2) in section 12112(a)— (A) in paragraph (1), by inserting except in the case of a vessel described in subparagraph (C) of paragraph (2), before satisfies ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking or after the semicolon; (ii) in subparagraph (B)(iii), by striking ; and and inserting ; or ; and (iii) by adding at the end the following: (C) transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port; and ; and (3) in section 12121(b), by striking 55102, and 55103 and inserting and 55102 . (c) Adjustment of citizenship and Navy Reserve requirements Section 8103(k) of title 46, United States Code, is amended to read as follows: (k) Exemption for passenger vessels Subsections (a) and (b) shall not apply to any vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. . (d) Conforming amendments Chapter 551 of title 46, United States Code, is amended— (1) by repealing section 55104; and (2) in section 55121— (A) in the section heading, by striking and passengers ; (B) by striking subsection (a); (C) by striking (b) and all that follows through States.— ; and (D) by striking sections 55102 and 55103 of this title do and inserting section 55102 of this title does . 3. Rule of construction Nothing in the amendments made by this Act shall be construed to exempt a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, from any applicable law of the United States except as explicitly provided in such amendments. | https://www.govinfo.gov/content/pkg/BILLS-117s2643is/xml/BILLS-117s2643is.xml |
117-s-2644 | II 117th CONGRESS 1st Session S. 2644 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Moran (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand eligibility for Post-9/11 Educational Assistance to members of the National Guard who perform certain full-time duty, and for other purposes.
1. Short title This Act may be cited as the Guard, Reserve, and Active Duty Department of Veterans Affairs Educational Assistance Parity Act of 2021 or the GRAD VA Educational Assistance Parity Act of 2021 . 2. Expansion of eligibility for Post-9/11 Educational Assistance to members of the National Guard who perform certain full-time duty Section 3301(1) of title 38, United States Code, is amended— (1) by amending subparagraph (B) to read as follows: (B) In the case of members of the reserve components of the Armed Forces— (i) service on active duty (as defined in section 101(d) of title 10), but not including inactive duty training (as defined in section 101(d) of title 10); or (ii) service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 3713 of title 14, but not including inactive duty training (as defined in section 101(d) of title 10). ; and (2) in subparagraph (C)— (A) in clause (i), by striking ; or and inserting a semicolon; and (B) by striking clause (ii) and inserting the following new clauses: (ii) in the National Guard when performing full-time National Guard duty (as defined in section 101 of title 32); or (iii) in the National Guard when performing active duty (as defined in section 101 of title 32). . | https://www.govinfo.gov/content/pkg/BILLS-117s2644is/xml/BILLS-117s2644is.xml |
117-s-2645 | II 117th CONGRESS 1st Session S. 2645 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish an excise tax on plastics.
1. Short title This Act may be cited as the Rewarding Efforts to Decrease Unrecycled Contaminants in Ecosystems Act of 2021 or the REDUCE Act of 2021 . 2. Excise tax on plastics (a) In general Chapter 38 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subchapter: E Tax on plastics Sec. 4691. Imposition of tax. Sec. 4692. Definitions and special rules. 4691. Imposition of tax (a) General rule There is hereby imposed— (1) a tax on any taxable virgin plastic resin sold by an applicable entity, and (2) a tax on any imported covered item sold or used by the importer thereof. (b) Amount of tax (1) Taxable virgin plastic resin (A) In general The amount of the tax imposed under subsection (a)(1) shall be determined in accordance with the following table: For any sale during calendar year: The tax is the following amount per pound of taxable virgin plastic resin: 2022 10 cents 2023 15 cents 2024 20 cents 2025 or thereafter Adjusted amount. (B) Adjusted amount (i) In general For purposes of subparagraph (A), the adjusted amount for any sale during any calendar year beginning after December 31, 2024, shall be equal to the sum of— (I) 20 cents, plus (II) an amount equal to— (aa) 20 cents, multiplied by (bb) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding If any amount determined under clause (i) is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent. (2) Imported covered items (A) In general Except as provided in subparagraph (B), the amount of the tax imposed under paragraph (2) of subsection (a) on any imported covered item shall be the amount of tax which would have been imposed by paragraph (1) of such subsection with respect to the amount of any taxable virgin plastic resin contained in such item if such resin had been sold in the United States by an applicable entity on the date of the sale of such item. (B) Rate where importer does not furnish information to Secretary If the importer does not furnish to the Secretary (at such time and in such manner as the Secretary shall prescribe) sufficient information to determine under subparagraph (A) the amount of the tax imposed by subsection (a)(2) on any imported covered item, the amount of the tax imposed on such item shall be 10 percent of the appraised value of such item as of the time such item was entered into the United States for consumption, use, or warehousing. (C) Authority to prescribe alternate rate The Secretary may prescribe for each imported covered item a tax which, if prescribed, shall apply in lieu of the tax specified in subparagraph (B) with respect to such item. The tax prescribed by the Secretary shall be equal to the amount of tax which would be imposed by subsection (a) with respect to the imported covered item if such item were produced using the predominant method of production of such item. (c) Applicable entity (1) In general For purposes of this section, the term applicable entity means any manufacturer, producer, or importer of taxable virgin plastic resin which, during the calendar year in which the sale of such resin occurs, manufactures, produces, or imports more than 10 tons of taxable virgin plastic resin. (2) Aggregation rule For purposes of this subsection, 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 a single manufacturer, producer, or importer. (d) Exportation Pursuant to regulations prescribed by the Secretary, no tax shall be imposed under this section upon the sale of any taxable virgin plastic resin for export, and in due course so exported. 4692. Definitions and special rules (a) Definitions For purposes of this subchapter— (1) Covered item (A) In general The term covered item means a single-use product which contains taxable virgin plastic resin, including packaging, food service products, beverage containers, and bags. (B) Exclusion The term covered item shall not include— (i) a medical product that the Secretary of Health and Human Services determines needs to be made of virgin plastic for public health or the health of the user, (ii) a container for— (I) a drug regulated under the Federal Food, Drug, and Cosmetic Act, (II) infant formula, or (III) a meal replacement liquid, (iii) a personal or feminine hygiene product that could be unsafe or unsanitary to recycle, (iv) a sexual health product, or (v) packaging— (I) for a product described in clauses (i) through (iv), or (II) used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this subchapter). (C) Other terms (i) Bag The term bag means a container made of flexible material with an opening at the top, used for carrying items. (ii) Beverage container The term beverage container means a prepackaged beverage container the volume of which is not greater than 3 liters. (iii) Food service product The term food service product means an item intended to deliver a food product, including a utensil, straw, drink cup, drink lid, food package, food container, plate, bowl, meat tray, or food wrap. (iv) Packaging The term packaging means a package, container, packing materials, or other material used for the containment, protection, handling, delivery, and presentation of goods. (v) Single-use product The term single-use product means a product which is— (I) routinely disposed of after a single use or after its contents have been used or unpackaged, and typically not refilled, and (II) not durable, washable, or routinely used for its original purpose multiple times before disposal. (2) Imported covered item The term imported covered item means any covered item entered into the United States for consumption, use, or warehousing. (3) Taxable virgin plastic resin (A) In general The term taxable virgin plastic resin means any resin— (i) which is derived from petroleum or gas (including ethylene, propylene, polyethylene, polypropylene, polystyrene, and polyvinyl chloride), and (ii) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. (B) Exclusion of post-consumer recycled resin The term taxable virgin plastic resin shall not include any resin which has been reprocessed from recovered material so it can be used for its original purpose or for other purposes in place of resin described in clause (i) of subparagraph (A). (4) United States The term United States has the meaning given such term by section 4612(a)(4). (5) Importer The term importer means the person entering the taxable virgin plastic resin or covered item for consumption, use, or warehousing. (b) Fraction of a pound In the case of a fraction of a pound, the tax imposed by section 4691 shall be the same fraction of the amount of such tax imposed on a whole pound. (c) Use treated as sale If any applicable entity manufactures, produces, or imports any taxable virgin plastic resin and uses such resin, then such person shall be liable for tax under section 4691 in the same manner as if such resin were sold by such entity. (d) Refund or credit for certain uses Under regulations prescribed by the Secretary, if— (1) a tax under section 4691(a)(1) was paid with respect to any taxable virgin plastic resin, and (2) such resin was used by any person in the manufacture or production within the United States of any product which is not a covered item, then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by such section. (e) Disposition of revenues from Puerto Rico and the Virgin Islands The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4691. (f) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subchapter. . (b) Plastic Waste Reduction Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Plastic Waste Reduction Fund (a) Establishment and funding There is hereby established in the Treasury of the United States a trust fund to be referred to as the Plastic Waste Reduction Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Plastic Waste Reduction Fund There are hereby appropriated to the Plastic Waste Reduction Fund amounts equivalent to the taxes received in the Treasury under section 4691 (minus any refunds or credits pursuant to section 4692(d)). (c) Expenditures from the Plastic Waste Reduction Fund Amounts in the Plastic Waste Reduction Fund shall be available, as provided by appropriation Acts, for making expenditures— (1) to carry out reduction and recycling activities, including making improvements to recycling infrastructure, (2) to carry out plastic waste and marine debris reduction, detection, monitoring, and cleanup activities of— (A) the grant programs established under section 302 of the Save Our Seas 2.0 Act ( 33 U.S.C. 4282 ), (B) the Marine Debris Program established by section 3 of the Marine Debris Act ( 33 U.S.C. 1952 ), (C) the Marine Debris Foundation established by section 111 of the Save Our Seas 2.0 Act ( 33 U.S.C. 4211 ), and (D) other Federal programs carrying out such activities, and (3) to address environmental justice and pollution impacts from plastic production. . (c) Clerical amendments (1) The table of subchapters for chapter 38 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subchapter E—Tax on Plastics . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Plastic Waste Reduction Fund. . (d) Effective date The amendments made by this section shall take effect on January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2645is/xml/BILLS-117s2645is.xml |
117-s-2646 | II 117th CONGRESS 1st Session S. 2646 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Casey (for himself, Mr. Blumenthal , Mr. Brown , Mr. Van Hollen , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide Medicaid assistance to individuals and families affected by a disaster or emergency, and for other purposes.
1. Short title This Act may be cited as the Disaster Relief Medicaid Act . 2. Medicaid relief for disaster survivors Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (1) in section 1902(a)— (A) in paragraph (86), by striking ; and and inserting a semicolon; (B) in paragraph (87), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (87) the following new paragraph: (88) beginning January 1, 2023, provide for making medical assistance available to relief-eligible survivors of disasters during relief coverage periods in accordance with section 1948. ; and (2) by adding at the end the following new section: 1948. Disaster relief Medicaid for survivors of major disasters (a) In general Notwithstanding any other provision of this title, a State plan shall provide medical assistance to a relief-eligible survivor of a disaster in accordance with this section. (b) Definitions In this section: (1) Disaster The term disaster means a major disaster— (A) that is declared on or after January 1, 2023, by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (B) which the President has determined warrants individual and public assistance from the Federal Government under such Act. (2) Direct impact area (A) In general The term direct impact area means, with respect to a disaster, the geographic area in which the disaster exists. (B) Website posting of direct impact areas As soon as practicable after a disaster is declared (as described in paragraph (1)(A)), the Secretary shall post on the website of the Centers for Medicare & Medicaid Services a list of the areas identified as the direct impact areas of the disaster. (3) Home State The term home State means, with respect to a survivor of a disaster, the State in which the survivor was living and was a resident, as determined by the State in which the survivor is applying for medical assistance under this title, during the 7-day period preceding the date on which the disaster is declared (as described in paragraph (1)(A)). (4) Relief coverage period The term relief coverage period means, with respect to a disaster, the period that begins on the date the disaster is declared (as described in paragraph (1)(A)) and ends on the day that is 2 years after such date. (5) Relief-eligible survivor (A) In general Subject to subparagraph (C), the term relief-eligible survivor means an individual who is a survivor of a disaster whose family income does not exceed the higher of— (i) 133 percent (or, in the case of a survivor who is a pregnant woman, a child, or a recipient of benefits under title II on the basis of a disability, 200 percent) of the poverty line; or (ii) the income eligibility standard that would otherwise apply to the survivor under the State plan of the survivor's home State (or a waiver of such plan). (B) Disregard of unemployment income For purposes of this section, and notwithstanding section 1902(e)(14)(B), the income of a survivor of a disaster shall not include any amount received during the relief coverage period of the disaster under a law of the United States or a State which is in the nature of unemployment compensation. (C) Limitation to relief coverage period (i) In general Except as provided in clauses (ii) and (iii), for purposes of this section, an individual shall not be considered to be a relief-eligible survivor on the basis of the individual's status as a survivor of a disaster after the end of the relief coverage period of the disaster. (ii) Continuous eligibility for disaster relief coverage for pregnant and postpartum individuals In the case of an individual who, while pregnant, receives medical assistance as a relief-eligible survivor of a disaster under a State plan (or a waiver of such a plan) in accordance with this section, such individual shall continue to be eligible for medical assistance as a relief-eligible survivor through the end of the month in which the 60-day period (beginning on the last day of the pregnancy) ends, without regard to whether the pregnancy ends before or after the end of the relief coverage period of the disaster. (iii) Continuous eligibility for individuals with pending applications If an individual who receives medical assistance as a relief-eligible survivor of a disaster under a State plan (or a waiver of such a plan) in accordance with this section has an application pending for medical assistance under the State plan (or waiver) under this title or for child health assistance or pregnancy-related assistance under a State plan under title XXI (or a waiver of such a plan) on the date that the relief coverage period of the disaster ends, such individual shall continue to be eligible for medical assistance as a relief-eligible survivor through the earlier of— (I) the end of the month in which the 60-day period (beginning on the last day of such relief coverage period) ends; and (II) the date on which the individual's application for medical assistance, child health assistance, or pregnancy-related assistance (as applicable) is approved or denied. (6) Survivor (A) In general The term survivor means, with respect to a disaster, an individual who is described in subparagraph (B) or (C). (B) Residents and evacuees of direct impact areas An individual described in this subparagraph is an individual who, on any day during the 7-day period preceding the date on which a disaster is declared (as described in paragraph (1)(A)), has a primary residence in the disaster's direct impact area. (C) Individuals who lost employment An individual described in this subparagraph is an individual— (i) whose worksite, on any day during the 7-day period preceding the date on which a disaster is declared (as so described), was located in the disaster's direct impact area; (ii) who was employed by an employer that— (I) conducted an active trade or business in such area on any day during such 7-day period; and (II) was unable to operate such trade or business as a result of the disaster on any day during the disaster's relief coverage period; and (iii) whose employment with such employer was terminated. (D) Treatment of homeless persons In the case of an individual who was homeless on any day during the 7-day period preceding the date on which a disaster is declared (as so described), the individual's residency for purposes of subparagraph (B) shall be determined as it would otherwise be determined by the home State of the individual for purposes of this title. (E) Effect of concurrent eligibility for Medicaid or CHIP An individual's eligibility for medical assistance under a State plan (or waiver of such plan) (or for child health assistance or pregnancy-related assistance under a State plan under title XXI (or a waiver of such a plan)) on a basis other than under this section shall not prevent the individual from being treated as a survivor under this section, and the rights afforded to an individual who is eligible for or enrolled under a State plan (or waiver) under either such title shall not be affected by the individual's receipt of medical assistance as a relief-eligible survivor of a disaster in accordance with this section. (c) Eligibility (1) Simplified application (A) In general For purposes of determining eligibility for medical assistance under this section, each State may accept a simplified, streamlined application form (as developed by the Secretary in consultation with the National Association of State Medicaid Directors), which shall— (i) require an applicant for medical assistance in accordance with this section as a survivor of a disaster to— (I) provide the applicant's mailing address for the duration of the relief coverage period of the disaster; and (II) agree to update the information described in subclause (I) if it changes during such period; (ii) provide notice of the penalties for making a fraudulent application described in subsection (g); (iii) require the applicant to assign to the State any rights of the applicant (or any other individual who is a relief-eligible survivor and on whose behalf the applicant has the legal authority to execute an assignment of such rights) as described and in accordance with the requirements of section 1912; (iv) require the applicant to list any health insurance coverage in which the applicant was enrolled immediately prior to submitting the application for medical assistance under this section; and (v) require the applicant to self-attest that the applicant— (I) is a relief-eligible survivor of the disaster; and (II) if applicable, requires home and community-based services. (B) No documentation requirement (i) In general A State shall not require an applicant for medical assistance as a survivor of a disaster under this section to provide any documentation or other evidence— (I) of the applicant's status as a relief-eligible survivor; and (II) if applicable, that the applicant requires home and community-based services. (ii) Use of available electronic data sources In making determinations with respect to the status of an applicant for medical assistance as a survivor of a disaster under this section, or such an applicant's need for home and community-based services, a State may use data relating to the applicant that is available to the State from electronic data sources. (2) Presumptive eligibility for relief-eligible survivors (A) In general A State shall provide for making medical assistance available to an individual as a relief-eligible survivor under this section during a presumptive eligibility period. (B) Presumptive eligibility period defined For purposes of this paragraph— (i) the term presumptive eligibility period means, with respect to an individual, the period that— (I) begins with the date on which a qualified provider determines, on the basis of preliminary information, that the individual satisfies the criteria for eligibility for medical assistance as a relief-eligible survivor under this section; and (II) ends with (and includes) the earlier of— (aa) the day on which a determination is made with respect to the eligibility of the individual for medical assistance as a relief-eligible survivor under this section; or (bb) in the case of an individual who does not file an application by the last day of the month following the month during which the provider makes the determination referred to in item (aa), such last day; and (ii) the term qualified provider has the meaning given such term in section 1920. (C) Coordination between State agencies and qualified providers (i) Provision of forms and information to qualified providers The State agency shall provide qualified providers with— (I) such forms as are necessary for an individual to make application for medical assistance under the State plan as a relief-eligible survivor; and (II) information on how to assist individuals and their authorized representatives in completing and filing such forms. (ii) Provision of notice of determinations to State agencies A qualified provider that determines under this subparagraph that an individual is eligible for medical assistance under a State plan as a relief-eligible survivor under this section shall— (I) notify the State agency of the determination within 5 working days after the date on which determination is made; and (II) inform the individual at the time the determination is made that the individual is required to make application for medical assistance under the State plan by not later than the last day of the month following the month during which the determination is made. (D) Application requirement An individual who is determined by a qualified provider to be presumptively eligible as a relief-eligible survivor for medical assistance under a State plan shall make application for medical assistance under such plan by not later than the last day of the month following the month during which the determination is made, which application may be the streamlined application described in paragraph (1). (E) Treatment as medical assistance Notwithstanding any other provision of this title, items and services that are— (i) furnished to an individual during a presumptive eligibility period under this paragraph by a provider that is eligible for payments under the State plan; and (ii) included in the care and services covered by the State plan, shall be treated as medical assistance provided to a relief-eligible survivor of a disaster during the relief coverage period of the disaster under this section. (3) Continuous eligibility (A) In general Subject to subparagraph (B), an individual who is determined by a State to be a relief-eligible survivor of a disaster shall remain eligible for medical assistance under the State plan (or a waiver of such plan) as such a survivor, without the need for any redetermination of eligibility, for the duration of the relief coverage period of the disaster. (B) Exceptions A State may terminate the eligibility of an individual who is determined by a State to be a relief-eligible survivor of a disaster before the end of the relief coverage period of the disaster if— (i) the individual (or the individual's authorized representative) requests a voluntary termination of eligibility; (ii) the individual ceases to be a resident of the State; (iii) the State determines that eligibility was erroneously granted because of State error or fraud, abuse, or perjury attributed to the individual (or the individual's authorized representative); or (iv) the individual dies. (4) Issuance of disaster relief Medicaid eligibility card A State shall issue a disaster relief Medicaid eligibility card to each applicant who is determined to be a relief-eligible survivor of a disaster and eligible for medical assistance under this section, which shall be valid for the duration of the relief coverage period of the disaster. (5) Verification of status as a relief-eligible survivor (A) In general The State shall make a good faith effort to verify the status of an individual who is enrolled in the State plan (or a waiver of such plan) as a relief-eligible survivor of a disaster in accordance with this section. Such effort shall not delay the determination of the eligibility of the individual for medical assistance under this section, and a State may enroll an individual in the State plan or waiver under this section pending such verification. (B) Evidence of verification A State may satisfy the verification requirement under subparagraph (A) with respect to an individual by showing that the State obtained information from the Social Security Administration, the Internal Revenue Service, or, if applicable, the State Medicaid agency of the home State of the individual. (6) Determination by Express Lane agency Any determination or redetermination of eligibility or verification of status made under this section shall be made by an Express Lane agency (as defined in section 1902(e)(13)(F)). (d) Scope of coverage (1) In general A State providing medical assistance to a relief-eligible survivor of a disaster in accordance with this section shall provide medical assistance that is equal in amount and scope to the medical assistance that would otherwise be made available to such survivor if the survivor were enrolled in the State plan (or waiver of such plan) as an individual described in clause (i) of section 1902(a)(10)(A), except that, in the case of such a survivor whose home State is not the State providing medical assistance to the individual, the State shall also provide medical assistance for any item or service for which medical assistance is available to individuals described in clause (i) of section 1902(a)(10)(A) under the State plan (or waiver) of the survivor's home State. (2) Provider payment rates for home State services In the case of medical assistance provided under this section by a State to a relief-eligible survivor of a disaster whose home State is not the State providing such assistance for an item or service which is not otherwise available under the State plan (or waiver of such plan) but which is available under the State plan (or waiver) of the survivor's home State, the State shall pay the provider of such item or service at the same rate that the home State would pay for the item or service if it were provided under the plan or waiver of the home State (or, if no such payment rate applies under the plan or waiver of the home State, the usual and customary prevailing rate for the item or service for the community in which it is provided). (3) Retroactive coverage (A) In general Notwithstanding section 1905(a), a State shall provide medical assistance for items and services furnished in the State beginning with the first day of the relief coverage period of a disaster to any relief-eligible survivor of the disaster who submits an application for such assistance before the deadline described in subparagraph (B). (B) Application deadline The deadline for a relief-eligible survivor of a disaster to submit an application for medical assistance in accordance with this section is the date that is 90 days after the end of the disaster's relief coverage period. (4) Children born to relief-eligible survivors of a disaster In the case of a child born to a relief-eligible survivor of a disaster who is provided medical assistance in accordance with this section during the relief coverage period of the disaster, the child shall be treated as having been born to a pregnant woman eligible for medical assistance under the State plan (or waiver of such plan) and shall be eligible for medical assistance under such plan (or waiver) in accordance with section 1902(e)(4). Notwithstanding subsection (f), the Federal medical assistance percentage determined for a State and fiscal year under section 1905(b) shall apply to medical assistance provided during the year to a child under the State plan (or waiver) in accordance with the preceding sentence. (5) Option to provide extended mental health and care coordination benefits A State may provide, without regard to any restrictions on amount, duration, scope, or comparability, or other restrictions under this title or the State plan or waiver of such plan (other than restrictions applicable to services provided in an institution for mental diseases), medical assistance to relief-eligible survivors of a disaster under this section for extended mental health and care coordination services, which may include the following: (A) Screening, assessment, and diagnostic services (including specialized assessments for individuals with cognitive impairments). (B) Coverage for a full range of mental health medications at the dosages and frequencies prescribed by health professionals for depression, post-traumatic stress disorder, and other mental disorders. (C) Treatment of alcohol and substance abuse determined to result from circumstances related to the disaster. (D) Psychotherapy, rehabilitation and other treatments administered by psychiatrists, psychologists, or social workers for conditions exacerbated by, or resulting from, the disaster. (E) Peer support services related to the disaster. (F) Mobile crisis services to assist with crises related to the disaster. (G) Inpatient mental health care in a general hospital. (H) Family counseling for families where a member of the immediate family is a survivor of the disaster or a first responder to the disaster or includes an individual who has died as a result of the disaster. (I) In connection with the provision of health and long-term care services, arranging for (and when necessary, enrollment in waiver programs or other specialized programs) and coordination related to, primary and specialty medical care, which may include personal care services, durable medical equipment and supplies, assistive technology, and transportation. (6) Option to provide home and community-based services (A) In general A State may provide medical assistance under this section for home and community-based services to a relief-eligible survivor of a disaster, including any survivor who is an individual described in subparagraph (B), who self-attests that the survivor immediately requires such services, without regard to whether the survivor would require the level of care provided in a hospital, nursing facility, or intermediate care facility for the developmentally disabled. (B) Individuals described Individuals described in this subparagraph are relief-eligible survivors of a disaster who— (i) on any day during the week preceding the date on which the disaster is declared (as described in subsection (b)(1)(A))— (I) had been receiving home and community-based services in a direct impact area under a waiver under section 1115 or section 1915; (II) had been receiving support services from a primary family caregiver who, as a result of the disaster, is no longer available to provide services; or (III) had been receiving personal care, home health, or rehabilitative services under a State plan under this title or under a waiver granted under sections 1115 or 1915; or (ii) are disabled (as determined under the State plan). (C) Waiver of restrictions With respect to the provision of home and community-based services under this paragraph, the Secretary— (i) shall waive any limitations on— (I) the number of individuals who may receive home or community-based services under a waiver described in subparagraph (B)(i)(I); (II) budget neutrality requirements applicable to such waiver; and (III) populations eligible for services under such waiver; and (ii) may waive any other restriction applicable under such a waiver that would prevent a State from providing home and community-based services in accordance with this paragraph. (e) State reports Each State shall submit to the Secretary an annual report that includes— (1) the number of survivors of a disaster who were determined by the State to be relief-eligible survivors of a disaster in the preceding year; and (2) the number of relief-eligible survivors of a disaster who were determined to be eligible for, and enrolled in, the State plan (or waiver of such plan) or the State child health plan under title XXI (or waiver of such plan) other than under this section. (f) 100 percent Federal matching payments (1) In general Notwithstanding section 1905(b), the Federal medical assistance percentage shall be equal to 100 percent with respect to amounts expended by a State— (A) for medical assistance provided in accordance with this section to relief-eligible survivors of a disaster during the relief coverage period of the disaster and, in the case of individuals described in clause (ii) or (iii) of subsection (b)(5)(C), during the applicable periods described in such clauses; and (B) that are directly attributable to administrative activities related to the provision of medical assistance under this section, including costs attributable to obtaining recoveries under subsection (g). (2) Disregard of limits on payments to territories The limitations on payment under subsections (f) and (g) of section 1108 shall not apply to Federal payments under this title that are based on the Federal medical assistance percentage described in paragraph (1), and such payments shall be disregarded in applying such subsections. (g) Penalty for fraudulent applications (1) Individual liable for costs If a State, as the result of verification activities conducted by the State or otherwise, determines after a fair hearing that an individual has knowingly made a false attestation in an application for medical assistance as a relief-eligible survivor of a disaster under this section, the State shall, subject to paragraph (2), seek recovery from the individual for the full amount of the cost of medical assistance provided to the individual under this section. (2) Exception The Secretary shall exempt a State from the requirement to seek recovery from an individual under paragraph (1) if the Secretary determines that it would not be cost-effective for the State to do so. (3) Reimbursement to the Federal Government Amounts expended by a State for medical assistance provided to an individual under this section that are subsequently recovered by the State under this subsection shall be treated as an overpayment under this title to the extent that payments were made to the State for such amounts. (h) Exemption from error rate penalties All payments attributable to providing medical assistance to relief-eligible survivors of disasters in accordance with this section shall be disregarded for purposes of section 1903(u). . 3. Promoting effective and innovative State responses to increased demand for medical assistance following a disaster (a) Guidance on increasing access to providers Not later than January 1, 2023, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall issue (and update as the Secretary determines necessary) guidance to State Medicaid directors on best practices for— (1) expediting the approval of providers under a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or waiver of such plan, after a disaster to meet increased demand for medical assistance under the plan or waiver from relief-eligible survivors (as defined in section 1948(b)(5) of such Act) of disasters; and (2) using out-of-State providers to provide care to relief-eligible survivors of a disaster under the plan or waiver. (b) Technical assistance and support for innovative State strategies To respond to increased demand for medical assistance following a disasters (1) In general The Secretary shall provide technical assistance and support to States to develop or expand infrastructure, strategies, or innovations (including through State Medicaid demonstration projects) to provide medical assistance under a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or a waiver of such a plan, to relief-eligible survivors (as defined in section 1948(b)(5) of such Act) of disasters. (2) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a report to Congress detailing a plan of action to carry out the requirements of paragraph (1). (c) HCBS emergency response corps grant program (1) In general The Secretary shall award grants under this subsection to States for the purpose of establishing or operating HCBS emergency response corps that meet the requirements of paragraph (2) to provide medical assistance for home and community-based services under a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) to relief-eligible survivors (as defined in section 1948(b)(5) of such Act) of disasters. (2) Home and community-based services emergency response corps An HCBS emergency response corps meets the requirements of this paragraph if it satisfies the following requirements: (A) The corps serves a State with a history of hosting individuals who are forced to relocate to the State from another State due to a disaster (as determined by the Secretary). (B) The corps is composed of representatives from each of the following: (i) Voluntary organizations delivering assistance. (ii) Area agencies on aging (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 )). (iii) The Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (iv) The State agency responsible for administering the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (v) State agencies serving older adults and people with disabilities. (vi) Nonprofit service providers. (vii) Individuals who are enrolled in the State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or the Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). (viii) Other organizations that address the needs of older adults and people with disabilities. (C) The corps is led by a representative of a State or nonprofit agency serving older adults or people with disabilities. (D) The corps operates under a plan to meet the acute and long-term services and support needs of relief-eligible survivors (as defined in section 1948(b)(5) of the Social Security Act) of disasters, and is provided with the resources necessary to execute such plan. (3) Grants (A) Limitation The Secretary may award a grant under this subsection to up to 5 States. (B) Term of grants Grants under this subsection shall be made for a term of 2 years. (4) Authorization There are authorized to be appropriated to carry out this subsection, $10,000,000 for each of fiscal years 2022 through 2027, to remain available until expended. 4. Targeted Medicaid relief for direct impact areas (a) 100 percent Federal matching payments for medical assistance provided in a direct impact area (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (B) by adding at the end the following new subsection: (jj) 100 percent FMAP for all medical assistance provided in disaster direct impact areas Notwithstanding subsection (b), the Federal medical assistance percentage for a State and fiscal year shall be equal to 100 percent with respect to amounts expended by the State during the year for medical assistance for an individual who, at the time the assistance is provided to the individual, is a resident of a direct impact area of a disaster during the disaster's relief coverage period (as such terms are defined in section 1948). . (2) Exclusion of enhanced payments from territorial caps Notwithstanding any other provision of law, for purposes of section 1108 of the Social Security Act ( 42 U.S.C. 1308 ), with respect to any additional amount paid to a territory as a result of the application of section 1905(jj) of the Social Security Act ( 42 U.S.C. 1396d(jj) )— (A) the limitation on payments to territories under subsections (f) and (g) of such section 1108 shall not apply to such additional amounts; and (B) such additional amounts shall be disregarded in applying such subsections. (3) Application to CHIP (A) In general Section 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(a) ) is amended by adding at the end the following new paragraph: (13) 100 percent match for assistance provided in disaster direct impact areas Notwithstanding subsection (b), the enhanced FMAP for a State, with respect to payments under subsection (a) for expenditures under the State plan for child health assistance for targeted low-income children or pregnancy-related assistance for individuals who are targeted low-income women that is provided to such a child or individual who, at the time the assistance is provided, is a resident of a direct impact area of a disaster during the disaster's relief coverage period (as such terms are defined in section 1948) shall be equal to 100 percent. . (B) Adjustment of CHIP allotments Section 2104(m) of the Social Security Act ( 42 U.S.C. 1397dd(m) ) is amended— (i) in paragraph (2)(B), by striking and (12) and inserting (12), and (13) ; and (ii) by adding at the end the following new paragraph: (13) Adjusting allotments to account for increased federal payments for assistance provided in disaster direct impact areas If a State (including the District of Columbia and each commonwealth and territory) receives a payment for a fiscal year under subsection (a) of section 2105 for expenditures that are subject to the enhanced FMAP specified under subsection (c)(13) of such section— (A) the amount of the allotment determined for the State under this subsection for such fiscal year shall be increased by the product of— (i) the amount of such expenditures that the State is projected to make for such fiscal year; and (ii) a percentage equal to 100 percent reduced by a number of percentage points equal to the enhanced FMAP determined for the State and fiscal year under subsection (b) of section 2105; and (B) once actual expenditures for the fiscal year are available, the amount of such allotment, as increased under subparagraph (A), shall be further increased or reduced, as appropriate, on the basis of the difference between— (i) the amount of the increase determined under subparagraph (A); and (ii) the product of— (I) the actual amount of State expenditures that are subject to the enhanced FMAP specified under section 2105(c)(13); and (II) the percentage determined for the State under subparagraph (A)(ii). . (b) Moratorium on redeterminations During the relief coverage period (as defined in paragraph (4) of section 1948(b) of the Social Security Act, as added by section 2)) of a disaster, a State that contains a direct impact area (as defined in paragraph (2) of such section) of the disaster shall not be required to conduct eligibility redeterminations under the State's plans or waivers of such plans under title XIX or XXI of such Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) with respect to individuals who reside in such area. 5. Authority to waive requirements during national emergencies with respect to evacuees from an emergency area Section 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking An emergency area and inserting the following: (A) In general An emergency area ; and (3) by adding at the end the following new subparagraph: (B) Additional areas Any geographical area in which the Secretary determines there are a significant number of evacuees from an area described in subparagraph (A) shall also be considered to be an emergency area for purposes of this section. . 6. Exclusion of disaster relief coverage period in computing Medicare part B late enrollment period Section 1839(b) of such Act ( 42 U.S.C. 1395r(b) ) is amended, in the second sentence, by inserting before the period at the end the following: or, in the case of an individual who is a survivor of a disaster (as defined in paragraph (6) of section 1948(b)), any month any part of which is within the relief coverage period (as defined in paragraph (4) of such section) of such disaster . 7. Effective date (a) In general Subject to subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Delay permitted if state legislation required In the case of a State plan approved under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s2646is/xml/BILLS-117s2646is.xml |
117-s-2647 | II 117th CONGRESS 1st Session S. 2647 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mrs. Gillibrand (for herself and Mr. Schumer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional gold medal to the 369th Infantry Regiment, commonly known as the Harlem Hellfighters , in recognition of their bravery and outstanding service during World War I.
1. Short title This Act may be cited as the Harlem Hellfighters Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) When the United States officially entered World War I in April 1917, the Armed Forces were still segregated, even though African-American soldiers had served and distinguished themselves in every war since the Revolutionary War, and even the Colonial Wars preceding the American Revolution. (2) After several years of advocacy and debate, in 1916 the State of New York authorized the recruitment of the 15th New York National Guard Regiment, which was called to Federal service on July 25, 1917, soon after arriving for training at Camp Whitman, New York. (3) The 15th completed its basic military practice training at Camp Whitman, New York. (4) To receive combat training, the 15th reported, on October 8, 1917, to Camp Wadsworth, in Spartanburg, South Carolina, where it experienced many incidents of racial discrimination. (5) Consequently, the government agreed to remove the 15th from Camp Wadsworth, but, instead of receiving further training, the regiment began preparing for deployment to France in November. (6) The 15th arrived in Saint Nazaire, France, on January 1, 1918, where it was redesignated the 369th Infantry Regiment. (7) Partly because many White soldiers within the American Expeditionary Forces (hereinafter, the AEF ) refused to perform combat duty with Black soldiers, members of the 369th were initially assigned manual labor tasks, such as loading and unloading supplies, and constructing roads and railroads. (8) After receiving pressure from the 369th regimental commander about not having a combat mission, the AEF attached the 369th to the French Fourth Army. (9) By mid-March of 1918, the 369th went to the Argonne Forest with the French 16th Division for training and soon entered the trenches. (10) The 369th encountered its first German soldiers in combat in April, 1918. (11) In May of 1918, Private Henry Johnson of the 369th received the French Croix de Guerre, with Palm, for extraordinary valor, becoming one of the first American soldiers to be awarded this honor. (12) Johnson also belatedly received a Purple Heart, was awarded the Distinguished Service Cross, and, in 2015, was awarded the Medal of Honor. (13) Throughout the remainder of the spring and into the summer the 369th served at Minacourt, in the Champagne-Marne Defensive, and during the Aisne-Marne Offensive in support of the French 161st Infantry Division. (14) As summer turned to autumn, the 369th went on to participate in the Meuse-Argonne offensive, where it captured the important village of Sechault despite sustaining severe losses. (15) On October 14, 1918, the 369th advanced to Alsace. (16) On November 20, 1918, the 369th reached the banks of the Rhine River as part of the French Army of Occupation, the first Allied unit to do so. (17) The 369th was relieved of its assignment with the French 161st Division in December, 1918, and elements of the regiment sailed for New York in late January and early February, 1919. (18) The 369th Infantry Regiment received a parade up 5th Avenue in New York City on February 17, 1919, receiving applause and cheers from hundreds of thousands of onlookers. (19) The 369th was demobilized on February 28, 1919. (20) Over 170 individual members of the 369th received the Croix de Guerre, many were awarded the Distinguished Service Cross, and the 369th was awarded a unit citation. (21) It is generally believed that the 369th was dubbed the Harlem Hellfighters by German soldiers, who found the men to be incredibly determined and courageous in battle. (22) The 369th was the first regiment of African Americans to deploy overseas during World War I and spent 191 days on the front line in World War I, more than any other American regimental sized unit. (23) The 369th never lost a foot of ground nor had a man taken prisoner, despite suffering a high number of casualties. 3. Congressional gold medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a gold medal of appropriate design to the 369th Infantry Regiment, commonly known as the Harlem Hellfighters , in recognition of their bravery and outstanding service during World War I. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of the 369th Infantry Regiment, the Harlem Hellfighters , the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at other locations associated with the Harlem Hellfighters. 4. Duplicate medals (a) In general The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the bronze medals, including labor, materials, dies, use of machinery, and overhead expenses. (b) Proceeds of sales The amounts received from the sale of duplicate medals under subsection (a) shall be deposited in the United States Mint Public Enterprise Fund. (c) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. 5. Status of medals The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. 6. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s2647is/xml/BILLS-117s2647is.xml |
117-s-2648 | II 117th CONGRESS 1st Session S. 2648 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to reauthorize the Kenai Mountains-Turnagain Arm National Heritage Area in the State of Alaska, and for other purposes.
1. Short title This Act may be cited as the Kenai Mountains-Turnagain Arm National Heritage Area Reauthorization Act . 2. Reauthorization of Kenai Mountains-Turnagain Arm National Heritage Area, Alaska (a) Authorization of appropriations Section 8010(h) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1287) is amended— (1) in paragraph (1), by striking Subject to paragraph (2), there and inserting There ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Termination of authority Section 8010(i) of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 320101 note; Public Law 111–11 ; 123 Stat. 1288) is amended by striking the date that is 15 years after the date of enactment of this Act and inserting September 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s2648is/xml/BILLS-117s2648is.xml |
117-s-2649 | II 117th CONGRESS 1st Session S. 2649 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Young (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a demonstration program to provide integrated care for Medicare beneficiaries with end-stage renal disease, and for other purposes.
1. Short title This Act may be cited as the Bringing Enhanced Treatments and Therapies to ESRD Recipients Kidney Care Act or the BETTER Kidney Care Act . 2. Findings Congress finds the following: (1) Although the relative rate of end-stage renal disease (referred to in this section as ESRD ) among the Nation’s minority populations has declined, significant disparities remain. Compared to Whites, Black Americans are 2.6 times more likely to have kidney failure, while Native Americans and Alaska Natives are 1.2 times more likely. Hispanics are 1.3 times more likely to have kidney failure compared to non-Hispanics. (2) Disparities also exist with respect to treatment modalities. Specifically, although home dialysis can offer advantages, Black, Hispanic, and Native American and Alaska Native ESRD patients are less likely to initiate home treatment than White ESRD patients. (3) Numerous studies show that individuals with low incomes and in low-income communities are at greater risk for ESRD. (4) In addition to their kidney disease, ESRD patients across all races and ethnicities often suffer from one or more comorbidities. Eighty-eight percent of ESRD patients have a history of hypertension, 42 percent have diabetes, and nearly 30 percent have congestive heart failure. (5) Each month, ESRD patients see multiple providers and take several medications to manage their kidney disease and comorbid conditions. Of all patients, those with ESRD stand to benefit greatly from better coordinated care. (6) The Executive Order on Advancing American Kidney Health recognizes the need to develop and implement new ESRD care delivery models to improve quality and value for ESRD patients and the Medicare program. (7) In alignment with that goal, it is imperative that Medicare test new models that have at their core an interdisciplinary care team, among other structural requirements, to— (A) help ESRD patients better navigate the health care system; (B) empower such patients to manage their plan of care and medication regimen; (C) support such patients in receiving the treatment modality, including a kidney transplant, as prescribed by their nephrologist; (D) access services to meet the nonclinical needs of such patients that can affect care outcomes; and (E) receive additional services, such as transplant evaluation, palliative care, evaluation for hospice eligibility, and vascular access care. 3. Demonstration program to provide integrated care for Medicare beneficiaries with end-stage renal disease (a) In general Title XVIII of the Social Security Act is amended by inserting after section 1866F the following new section: 1866G. Demonstration program to provide integrated care for Medicare beneficiaries with end-stage renal disease (a) Establishment (1) In general The Secretary shall conduct under this section the ESRD Fee-For-Service Integrated Care Demonstration Program (in this section referred to as the Program ), which is voluntary for Program-eligible beneficiaries and eligible participating providers, to assess the effects of alternative care delivery models and payment methodologies on patient care improvements under this title for such beneficiaries. Under the Program— (A) Program-eligible beneficiaries shall be considered original Medicare Fee-For-Service beneficiaries (as defined in section 1899(h)(3)) for the duration of the participation of such beneficiaries under the Program; (B) eligible participating providers may form an ESRD Fee-For-Service Integrated Care Organization (in this section referred to as an Organization ); and (C) an Organization shall integrate care under the original Medicare Fee-For-Service program under parts A and B for Program-eligible beneficiaries. (2) Definitions In this section: (A) Eligible participating provider The term eligible participating provider means any of the following: (i) A facility certified as a renal dialysis facility under this title. (ii) An entity that owns one or more of such facilities described in clause (i). (iii) A nephrologist (including a pediatric nephrologist) or nephrology practice. (iv) Any other physician or physician group practice. (v) A nurse practitioner, physician assistant, or clinical nurse specialist (as such terms are defined in section 1861(aa)(5)) or a clinical social worker (as defined in section 1861(hh)(1)) working in conjunction with such a nurse practitioner, physician assistant, or clinical nurse specialist. (B) Eligible participating partner The term eligible participating partner means, with respect to an Organization, any of the following: (i) A Medicare Advantage plan described in section 1851(a)(2) or a Medicare Advantage organization offering such a plan. (ii) A medicaid managed care organization (as defined in section 1903(m)). (iii) A hospital or an academic medical center experienced in the care of patients receiving dialysis. (iv) Any other entity determined appropriate by the Secretary. (C) Program-eligible beneficiary (i) In general The term Program-eligible beneficiary means, with respect to an Organization offering an ESRD Fee-For-Service Integrated Care Model, an individual entitled to benefits under part A and enrolled under part B (including such an individual entitled to medical assistance under a State plan under title XIX) who— (I) is identified by the Secretary as having end-stage renal disease and who is receiving renal dialysis services under the original Medicare Fee-For-Service program under parts A and B, and is not enrolled in a Medicare Advantage plan under part C or group health insurance coverage or individual health insurance coverage (as defined in section 2791(b) of the Public Health Service Act ( 42 U.S.C. 300gg–91(b) )) that is primary to coverage under this title; (II) receives renal dialysis services primarily from an eligible participating provider of such Organization, including such renal dialysis services received after being identified as a suitable candidate for transplantation; and (III) has attained the age of 18 years. (ii) Affirmation of program eligibility upon hospice election or kidney transplant A Program-eligible beneficiary who was assigned to or elected an ESRD Fee-For-Service Integrated Care Model offered by an Organization and who— (I) elects to receive hospice benefits under section 1852(d)(1); or (II) receives a kidney transplant as covered under this title and maintains entitlement to benefits under part A and enrollment in part B on the basis of end stage renal disease, shall continue to meet the definition of Program-eligible beneficiary established under this subparagraph. (b) ESRD fee-For-Service integrated care organization eligibility requirements (1) Organizations (A) In general One or more eligible participating providers may establish an Organization and may enter into, subject to subparagraph (B), one or more partnership, ownership, or co-ownership agreements with one or more eligible participating partners to establish an Organization or to offer one or more ESRD Fee-For-Service Integrated Care Models in accordance with paragraph (2). (B) Limitation on number of agreements The Secretary may specify a limitation on the number of Organizations in which an eligible participating partner may participate for purposes of offering one or more ESRD Fee-For-Service Integrated Care Models under partnership, ownership, or co-ownership agreements described in subparagraph (A). (C) Minimum Program Eligible Beneficiary Participation Requirement (i) In general Subject to clause (ii), the Secretary may not enter into or continue an agreement with an Organization unless the Organization has at least 350 Program-eligible beneficiaries, or at least 60 percent of Program-eligible beneficiaries receiving care from the Organization’s facilities, who are assigned to or elect an ESRD Fee-For-Service Integrated Model offered by the Organization and who continue their assignment to or election of the Organization. (ii) Allowing transition The Secretary may waive the requirement under clause (i) for an Organization during the first agreement year with respect to the Organization. (D) Fiscal soundness requirements (i) In general The Secretary shall enter into appropriate agreements under this section only with Organizations that demonstrate sufficient capital reserves, measured as a percentage of monthly prospective payments described in subsection (e) and consistent with capital reserve requirements established by each State in which the Organization operates, subject to clause (ii). (ii) Alternative Mechanism to Demonstrate Risk-Bearing Capacity An Organization shall be considered to meet the requirement in clause (i) if the Organization includes at least one eligible participating provider or eligible participating partner that— (I) (aa) is licensed under State law as a risk-bearing entity eligible to offer health insurance or health benefits coverage in each State in which the Organization participates in the demonstration under this section; or (bb) is otherwise authorized by each state in which the Organization participates in the demonstration under this section to bear risk for offering health insurance or health benefits; (II) agrees to bear risk under the Organization; and (III) has the capacity to bear risk commensurate with the Organization’s expected expenditures under an agreement under this section. (iii) Disclosure Each Organization with an agreement under this section shall, in accordance with current regulations of the Secretary that govern similar disclosures, report to the Secretary financial information consistent with such information required to be reported by a Medicare Advantage organization under part C to demonstrate that the Organization has a fiscally sound operation. (E) Governance requirements Each Organization with an agreement under this section shall establish a governing body with oversight responsibility for the Organization’s compliance with Program requirements that includes— (i) representation from each eligible participating provider of such Organization; (ii) at least two nephrologists, one of which may be affiliated with an eligible participating provider; and (iii) at least one beneficiary advocate. (2) ESRD Fee-For-Service Integrated Care Model (A) Benefit requirements (i) In general Subject to clause (iii), an Organization shall offer an ESRD Fee-For-Service Integrated Care Model that shall— (I) cover all benefits under parts A and B (subject to payment rules regarding the treatment of and payment for kidney organ acquisitions and hospice described in subsections (e)(3) and (4)); and (II) include services for transition (particularly including education) into transplantation, palliative care, and hospice. (ii) Determination and treatment of savings (I) In general The Secretary shall require any Organization offering an ESRD Fee-For-Service Integrated Care Model to provide for the return under subclause (VI) to a Program-eligible beneficiary assigned to or who elects an Organization savings equal to the amount, if any, by which the payment amount described in subclause (V) with respect to the Program-eligible beneficiary for a year exceeds the average revenue amount described in subclause (IV) with respect to the Program-eligible beneficiary for the year. (II) Savings determination process The Secretary shall determine the savings described in subclause (I) in the same manner as the rebate calculation for individuals with end-stage renal disease enrolled in Medicare Advantage organizations under section 1859(b)(6)(B)(iii). (III) Application of medical loss ratio requirements Nothing shall preclude the Secretary from applying medical loss ratio requirements described in section 1857(e)(4) under this section. (IV) Average revenue amount described The revenue amount described in this subclause, with respect to an Organization offering an ESRD Fee-For-Service Integrated Care Model and a Program-eligible beneficiary assigned to or who elects such Organization, is the Organization’s estimated average revenue requirements, including administrative costs and return on investment, for the Organization to provide the benefits described in clause (i) under the Model for the Program-eligible beneficiary for the year. (V) Payment amount described The payment amount described in this subclause, with respect to an Organization offering an ESRD Fee-For-Service Integrated Care Model and a Program-eligible beneficiary assigned to or who elects such Organization, is the payment amount to the Organization under subsection (e)(1) (adjusted pursuant to subsection (e)(2) and subject to the treatment of payments for kidney acquisitions and hospice care described in paragraphs (3) and (4) of subsection (e), respectively) made with respect to the Program-eligible beneficiary for the year. (VI) Returning savings to program-eligible beneficiaries An Organization shall, in a manner specified by the Secretary and consistent with returning Medicare Advantage rebates to individuals under part C, return the amount under subclause (I) to a Program-eligible beneficiary through offering benefits not covered under the original Medicare Fee-For-Service program consistent with the types of benefits, including non-health related benefits, that Medicare Advantage organizations may offer. (iii) Benefit requirements for dual eligibles In the case of a Program-eligible beneficiary who is entitled to medical assistance under a State plan under title XIX, an Organization, in accordance with a mutual agreement entered into between the State and Organization under subsection (e)(7)— (I) shall provide, or arrange for the provision of, all benefits (other than long-term services and supports) for which the Program-eligible beneficiary is entitled to under a State plan under title XIX; and (II) may elect to provide, or arrange for the provision of, long-term services and supports for which the Program-eligible beneficiary is entitled under a State plan under title XIX, including services related to the transition into palliative care or hospice. (iv) Application of Medicare FFS provider choice and cost-sharing requirements Under an ESRD Fee-For-Service Integrated Care Model offered by an Organization, the Organization shall— (I) allow Program-eligible beneficiaries to receive benefits as described in subsection (b)(2)(A)(i)(I) from any provider of services or supplier enrolled under this title and who otherwise meets all applicable requirements under this title; and (II) not apply any cost-sharing requirements for benefits described in subsection (b)(2)(A)(i)(I) in addition to premium and cost-sharing requirements, respectively, that would be applicable under part A or part B for such benefits. (v) Promoting access to high-quality providers An Organization offering an ESRD Fee-For-Service Integrated Care Model shall develop and implement performance-based incentives, including financial incentives funded through payments made to an Organization under subsection (e), for providers of services and suppliers to promote delivery of high quality and efficient care. Such incentives shall comply with section 1852(j)(4) and section 422.208 of title 42, Code of Federal regulations (as in effect on the date of enactment of this section) and be based on clinical measures or non-clinical measures, such as with respect to notification of patient discharge from a hospital, patient education (such as with respect to treatment options, including disease maintenance, and nutrition), rates of completion of patient education categorized by race, rates of completion of transplant evaluation for patients who are clinically eligible for transplant, rates of completion of transplant evaluation categorized by race, and the interoperability of electronic health records developed by an Organization according to requirements and standards specified by the Secretary pursuant to subparagraph (B). (B) Quality and reporting requirements (i) Clinical measures Under the Program, the Secretary shall— (I) require each participating Organization to submit to the Secretary data on clinical measures developed using, as a reference, measures submitted by organizations participating in the Comprehensive ESRD Care Initiative operated by the Center for Medicare and Medicaid Innovation to assess the quality of care provided; (II) establish requirements for participating Organizations to submit to the Secretary, in a form and manner specified by the Secretary, information on such measures; and (III) establish standards for making information on quality under the Program established under this section as assessed using clinical measures described in subclause (I) available to the public. As part of the standards described in subclause (III) the Secretary shall, in consultation with relevant stakeholders, develop standards that would establish a minimum threshold for the volume of individual patients to be listed for transplant in an Organ Procurement and Transplant Network under contract with the Secretary and that would measure the number of individuals that an Organization moved on to, kept on, or removed from the transplant list and the number of individuals that receive a transplant after participating in the Organization. The number of Program-eligible beneficiaries assigned to an Organization on the transplant list that have not opted out at the time of the agreement between the Secretary and an Organization shall be noted as part of such agreement. Organizations shall submit such measures as a condition of payment and Program-eligible beneficiary assignment under this subsection. (ii) Requirement for stakeholder input In developing measures and requirements under subclauses (I) and (II) of clause (i), the Secretary shall request and consider input from a stakeholder board that includes at least one nephrologist, a pediatric nephrologist, other suppliers and providers of services as determined appropriate by the Secretary, renal dialysis facilities, beneficiary advocates, a health equity expert, a mental health provider, a transplant surgeon, and Medicare-approved transplant programs. Section 14 of the Federal Advisory Committee Act shall not apply to the stakeholder board. (iii) Additional assessments and reporting requirements The Secretary shall assess the extent to which an Organization offers integrated and patient-centered care through analysis of information obtained from Program-eligible beneficiaries assigned to or who elect the Organization through surveys, such as the In-Center Hemodialysis Consumer Assessment of Healthcare Providers and Systems. (iv) No effect on other renal dialysis facility quality requirements Nothing in this section shall be construed as affecting the requirements established under section 1881(h). (v) Prioritization of quality measure reporting The Secretary shall give priority to the development and reporting of quality measures that allow the assessment of health outcomes of patients, care coordination, patient experience and satisfaction, medication reconciliation, patient safety, and other evidence-based quality measures determined appropriate by the Secretary. (C) Requirements for ESRD fee-for-service integrated care strategy (i) In general An Organization seeking a contract under this section to offer one or more ESRD Fee-For-Service Integrated Care Models shall develop and submit for the Secretary’s approval as part of the application of the Organization to participate in the Program under this section, subject to clauses (ii) and (iii), an ESRD Fee-For-Service Integrated Care Strategy. (ii) ESRD fee-for-service integrated care strategy In assessing an ESRD Fee-For-Service Integrated Care Strategy under clause (i), the Secretary shall consider the extent to which the Strategy includes elements such as the following: (I) Use of interdisciplinary care teams led by at least one nephrologist, and comprised of registered nurses, social workers, renal dialysis facility managers, and as appropriate other representatives from alternative settings described in subclause (VIII). (II) Use of a decision process for care plans and care management that includes the nephrologist, a member of the transplant evaluation team, and other practitioners responsible for direct delivery of care to Program-eligible beneficiaries assigned to or who elect the Organization involved. (III) Use of health risk and other assessments to determine the physical, psychosocial, nutrition, language, cultural, and other needs of Program-eligible beneficiaries assigned to or who elect the Organization involved. (IV) Development and at least annual updating of individualized care plans that incorporate at least the medical, social, and functional needs, preferences, and care goals of Program-eligible beneficiaries assigned to or who elect the Organization, including a discussion on reconsideration of the method and location of dialysis. (V) Coordination and furnishing of non-clinical coordination benefits, such as transportation, aimed at improving the adherence of Program-eligible beneficiaries assigned to or who elect the Organization with care recommendations. (VI) As appropriate, coordination services, such as transplant evaluation, palliative care, evaluation for hospice eligibility, and vascular access care. (VII) In the case of an individual who, during an assignment to, or an election of an ESRD Fee-For-Service Integrated Care model offered by an Organization, receives confirmation that a kidney transplant is imminent, the provision of counseling services by an interdisciplinary care team described in subclause (I) to such individual on preparation for and potential benefits and risks associated with such transplant. (VIII) Delivery of benefits and services in settings alternative to traditional clinical settings, such as the home of the Program-eligible beneficiary. (IX) Use of patient reminder systems. (X) Education programs for patients, families, and caregivers. (XI) Use of health care advice resources, such as nurse advice lines. (XII) Use of team-based health care delivery models that provide comprehensive and continuous medical care, such as medical homes. (XIII) Co-location of providers and services. (XIV) Use of a demonstrated capacity to share electronic health record information across sites of care. (XV) Use of programs to promote better adherence to recommended treatment regimens, including prescription drug, by individuals, including by addressing barriers to access to care by such individuals, including strategies to coordinate any prescription drug benefits under any prescription drug plan under part D in which a Program-eligible beneficiary is enrolled. (XVI) Use of defined protocols, developed in conjunction with the pediatric nephrology community, to facilitate the transition of pediatric individuals into adult end-stage renal disease care. (XVII) Use of health equity experts to implement programs and protocols which seek to decrease gender, racial, ethnic, and language inequities. (XVIII) Other services, strategies, and approaches identified by the Organization to improve care coordination and delivery. (3) Beneficiary protections (A) Seamless access to care The Secretary shall ensure that the Organization establishes processes and takes steps necessary, including educating relevant providers of services and suppliers about the Program, to ensure that Program-eligible beneficiaries assigned to or who elected an ESRD Fee-For-Service Integrated Care Model offered by an Organization do not experience any disruption in access to providers of services and suppliers furnishing benefits under this title due to such assignment or election. Assignment to or an election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization shall not be construed as affecting a Program-eligible beneficiary’s ability to receive benefits described in subsection (b)(2)(A)(i)(I) from any provider of services or suppliers enrolled and who otherwise meets requirements under this title, as described in subsection (b)(2)(A)(iv). (B) Anti-discrimination Each agreement between the Secretary and an Organization under this section shall— (i) provide that each eligible participating provider of such Organization may not deny, limit, or condition the furnishing of services, or affect the quality of services furnished, under this title to Program-eligible beneficiaries on whether or not such a beneficiary is assigned to or elects the Organization; and (ii) prohibit the Organization from engaging in any activity that could reasonably be expected to have the effect of denying or discouraging assignment to or an election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization by a Program-eligible beneficiary whose medical condition or history indicates a need for substantial future medical services. (C) Quality assurance; patient safeguards Each agreement between the Secretary and an Organization under this section shall require that such Organization have in effect at a minimum— (i) a written plan of quality assurance and improvement, and procedures implementing such plan, in accordance with regulations; and (ii) written safeguards of the rights of Program-eligible beneficiaries assigned to or who elect the Organization (including a patient bill of rights and procedures for grievances and appeals) in accordance with regulations and with other requirements of this title and applicable Federal and State laws designed to protect Program-eligible beneficiaries (including those who are entitled to medical assistance under a State plan under title XIX). (D) Oversight The Secretary shall develop and implement an oversight program to monitor an Organization’s compliance with Program requirements under an agreement under this section. (4) Treatment as alternative payment model and eligible alternative payment entity (A) Treatment of program The ESRD Fee-For-Service Integrated Care Demonstration Program established under this section shall meet the definition of an alternative payment model described in section 1833(z)(3)(C)(iv). (B) Treatment of organization An Organization offering one or more ESRD Fee-For-Service Integrated Care Models shall be treated under this section as an eligible alternative payment entity as described in clauses (i) and (ii)(I) of section 1833(z)(3)(D). (c) Program operation and scope (1) In general The Secretary shall develop a process such that an Organization can apply to offer one or more ESRD Fee-For-Service Integrated Care Models. Such application shall include information on at least the following: (A) The estimated average revenue amount described in subsection (b)(2)(A)(ii)(II) for the Organization to cover benefits described in subsection (b)(2)(A)(i)(I). (B) Any benefits offered by the Organization beyond those described in such subsection. (C) A description of the Organization’s ESRD Fee-For-Service Integrated Care strategy specified in subsection (b)(2)(D), including a detailed explanation of the Organization’s approach to fulfill the requirement to coordinate the delivery of multidisciplinary health and social services that, pursuant to a mutual agreement between a State and Organization, integrates acute and long-term care services and supports. (2) Program initiation The Secretary shall initiate the Program such that Organizations begin serving Program-eligible beneficiaries not later than January 1, 2024. (3) Initial agreement period The Secretary shall enter into agreements for an initial period of not less than 5 years with all Organizations that meet all Program requirements established under this section, as determined by the Secretary through the application process described in paragraph (1). (4) Allowance for service area expansions During each year of the Program’s operation, the Secretary shall allow an Organization with an agreement under this section to expand its service area during the initial agreement period upon the Secretary’s determination, through the application process described in paragraph (1), that the Organization meets all Program requirements established under this section. (5) Contract suspension and termination process (A) In general Subject to subparagraph (B)(ii), the Secretary may suspend assignment to or an election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization if the Organization fails to comply with any Program requirements specified in an agreement under this section. An Organization also shall be considered not in compliance if, for any calendar month during an agreement year, more than 50 percent of the total number of Program-eligible beneficiaries assigned to or who elect an ESRD Fee-For-Service Integrated Care Model offered by the Organization opt out of the Program. (B) Opportunity for corrective action plan and appeal (i) In general Prior to suspending assignment to or an election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization or terminating an agreement under this section, the Secretary shall afford an Organization sufficient opportunity to remedy any deficiencies in complying with any Program requirements under this section by implementing a corrective action plan. Any corrective action plan implemented under this subparagraph shall specify a date by which the Organization shall resolve such deficiencies and shall remain in effect until such time that the Secretary confirms that the Organization has achieved compliance. (ii) Imposition of agreement suspension or termination In the case of an Organization that fails to achieve compliance by the date specified in corrective action plan, subject to clause (iii) and depending on the severity of a compliance deficiency, the Secretary in a manner consistent with processes established under part C of this title may— (I) suspend Program-eligible beneficiaries’ assignments to or an election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization; or (II) terminate an agreement with an Organization under this section. (iii) Immediate agreement termination for violating the prohibition on discrimination Notwithstanding the corrective action plan process established under clause (i), the Secretary may, in addition to the circumstances under which a contract under part C may be immediately terminated, immediately terminate an agreement under this section with an Organization if the Secretary— (I) notifies the Organization of the intent to investigate allegations of systematic activities with the intent of violating the prohibition on discrimination established under subsection (b)(3)(B)(ii); (II) determines, after conducting a rigorous analysis of all available data based on a sufficient sample size, that the Organization engaged in systematic activities with the intent of violating the prohibition on discrimination established in subsection (b)(3)(B)(ii); and (III) discloses credible evidence to the Organization regarding a determination made under subclause (II). (iv) Recovery of monthly prospective payments The Secretary may recover the prorated share of any monthly prospective payments described in subsection (e) covering the period of the month following an agreement termination if such agreement termination is effective in the middle of a calendar month. (v) Notification of program-eligible beneficiary upon agreement termination Each agreement under this section between the Secretary and an Organization shall require the Organization to provide and pay for written notice in advance of an agreement’s termination, as well as a description of alternatives for obtaining benefits under this title, in a manner consistent with beneficiary notification requirements in the event of a contract termination under part C. (6) Program evaluation The Secretary shall conduct an evaluation of the Program under this section to inform a determination regarding a Program expansion under paragraph (7). Such evaluation shall include an analysis of— (A) the quality of care furnished under the Program, including the measurement of patient-level outcomes and patient experience and patient-reported outcome measures determined appropriate by the Secretary; and (B) the changes in spending under parts A and B by reason of the Program. (7) Program expansion (A) In general The Secretary may, through rulemaking, expand the duration and scope of the Program under this section, to the extent determined appropriate by the Secretary, if— (i) the Secretary determines that such expansion is expected to— (I) reduce spending under this title without reducing the quality of patient care; or (II) improve the quality of patient care without increasing spending under this title; (ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such expansion would reduce (or would not result in any increase in) net program spending under this title; and (iii) the Secretary determines that such expansion would not deny or limit the coverage or provision of benefits under this title for applicable individuals. (B) Ensuring program continuity The Secretary shall implement any Program expansion made in accordance with this paragraph in a manner that ensures that Program-eligible beneficiaries and Organizations with an agreement under this section do not experience any disruptions in the Program. (8) Part D data sharing arrangement The Secretary on a monthly basis shall, in accordance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, provide access to Organizations to part D data claims that include part D data on Program-eligible beneficiaries assigned to or an election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization unless a Program-eligible beneficiary opts out of such data sharing. (9) Funding The Secretary shall allocate funds made available under section 1115A(f)(1) to implement and evaluate the demonstration program established under this section. (d) Identification and assignment of program-Eligible beneficiaries (1) In general The Secretary shall establish a process for the initial and ongoing identification of Program-eligible beneficiaries. (2) Assignment of program-Eligible Beneficiaries to an organization's ESRD Fee-For-Service Integrated Care Model (A) In general Under the Program, the Secretary shall assign all Program-eligible beneficiaries to an ESRD Fee-For-Service Integrated Care Model offered by an Organization that includes the dialysis facility at which the Program-eligible beneficiary primarily receives renal dialysis services. (B) Opt-out period and changes upon initial assignment or election The Secretary shall provide for a 90-day period beginning on the date on which the assignment of or election made by a Program-eligible beneficiary into an ESRD Fee-For-Service Integrated Care Model offered by an Organization becomes effective during which a Program-eligible beneficiary may— (i) opt out of the Program; or (ii) make a one-time change of assignment or election into an ESRD Fee-For-Service Integrated Care Model offered by a different Organization. (C) Deemed re-assignment and re-election The Secretary shall establish a process through which a Program-eligible beneficiary assigned to or who elects an ESRD Fee-For-Service Integrated Care Model offered by an Organization with respect to a year is deemed, unless the Program-eligible beneficiary otherwise changes such assignment or election under this paragraph, to have elected to continue such assignment or election with respect to the subsequent year. (D) Annual opportunity to opt out or elect an ESRD Fee-For-Service Integrated Care Model offered by a different organization (i) In general Annually, a Program-eligible beneficiary shall be given a 90-day period to— (I) opt out of the Program; or (II) make a one-time change of assignment or election into an ESRD Fee-For-Service Integrated Care Model offered by a different Organization. (ii) Alignment with Medicare Advantage open enrollment period To the extent practicable, the Secretary shall align the annual 90-day period described in clause (i) with the Medicare Advantage open enrollment period. (E) Opt out for change in principal diagnosis or entering home dialysis treatment In addition to any other period during which a Program-eligible beneficiary may, pursuant to this paragraph, opt out of the Program, in the case of a Program-eligible beneficiary who, after assignment under this paragraph, is diagnosed with a principal diagnosis (as defined by the Secretary) other than end-stage renal disease or enters into home dialysis treatment, such individual shall be given the opportunity to opt out of the Program during such period as specified by the Secretary. (3) Program-eligible beneficiary notification (A) In general The Secretary shall ensure that an Organization notifies Program-eligible beneficiaries about the Program under this section and provides them with materials explaining the Program, including— (i) information about receiving benefits under this title through such Organization; and (ii) an explanation that they retain the right to receive care from any Medicare provider. (B) Timing of notification Upon assignment to or election of an ESRD Fee-For-Service Integrated Care Model offered by an Organization, the Secretary shall provide the Organization written notification confirming the beneficiary's assignment or election and not later than 15 business days after the date of receipt of such notification, the Organization shall provide written notice to the Program-eligible beneficiary of such assignment or election. (C) Content of written notice Subject to subparagraph (D), such notification shall— (i) inform Program-eligible beneficiaries about the Program using an information guide developed by the Organization and approved by the Secretary; (ii) include the distribution of other Program materials developed by the Organization and approved by the Secretary; (iii) inform Program-eligible beneficiaries about the importance of transplantation as the best outcome, as well as minimum requirements for transplant eligibility before and during dialysis treatment; and (iv) provide contact information for representatives of the Organization to respond to Program-eligible beneficiaries’ questions. (D) Limitation on unsolicited notification (i) In general Under the Program, no person or entity (other than the Secretary, an employee of the Secretary, or an employee or volunteer of a federally authorized State Health Insurance Assistance Program (SHIP)), subject to clause (ii), may provide any information about the Program, including information, materials, and assistance described in subparagraph (B), to a Program-eligible beneficiary unless such Program-eligible beneficiary requests such information, materials, or assistance. (ii) Exception for providers treating beneficiaries An eligible participating provider that is part of an Organization may provide information, materials, and assistance described in subparagraph (B) to a Program-eligible beneficiary, without prior request of such beneficiary, if such beneficiary is receiving renal dialysis services from a facility that participates in such Organization. (iii) Parity in notification In the case that an eligible participating provider that is part of an Organization participates in notifying Program-eligible beneficiaries about the Program under this subparagraph, such notification shall be provided in the same manner to all Program-eligible beneficiaries to which, pursuant to clause (ii), such eligible participating provider may provide information, materials, and assistance described in such clause. (E) Program-eligible beneficiary grievance and appeal rights Program-eligible beneficiaries participating in the Program under this section shall have grievance and appeal rights and procedures consistent with those rights and procedures established under subsections (f) and (g) of section 1852. (e) ESRD fee-For-Service integrated care program monthly payment and claims processing mechanism (1) In general For each Program-eligible beneficiary receiving care through an Organization, the Secretary shall make a monthly prospective payment in accordance with payment rates that would be determined under section 1853(a)(1)(H). (2) Application of health status risk adjustment methodology The Secretary shall adjust the monthly prospective payment to an Organization under this subsection in the same manner in which the payment amount to a Medicare Advantage plan is adjusted under section 1853(a)(1)(C). (3) Treatment of and payment for kidney acquisition costs (A) Excluding costs for kidney acquisitions from ma benchmark The Secretary shall adjust the payment amount to an Organization to exclude from such payment amount the Secretary’s estimate of the standardized costs for payments for organ acquisitions for kidney transplants in the area involved for the year. (B) FFS treatment of and payment for kidney acquisitions An Organization shall provide all benefits described in subsection (b)(2)(A)(i), except for kidney acquisition costs. Payment for kidney acquisition costs covered under this title furnished to a Program-eligible beneficiary shall be made in accordance with this title and in such amounts as would otherwise be made and determined for such items and services provided to such a beneficiary not participating in the Program under this section. (4) Treatment of and payment for hospice care (A) In general An agreement under this section shall require an Organization to inform each Program-eligible beneficiary who is assigned to or elects an ESRD Fee-For-Service Integrated Care Model offered by the Organization about the availability of hospice care if— (i) a hospice program participating under this title is located within the Organization’s service area; or (ii) it is common practice to refer patients to hospice programs outside such service area. (B) Payment If a Program-eligible beneficiary who is assigned to or elects an ESRD Fee-For-Service Integrated Care Model offered by an Organization with an agreement under this section makes an election under section 1812(d)(1) to receive hospice care from a particular hospice program— (i) payment for the care furnished to the Program-eligible beneficiary shall be made by the Secretary to the hospice program elected by the Program-eligible beneficiary; (ii) payment for other services for which the Program-eligible beneficiary individual is eligible notwithstanding the Program-eligible beneficiary’s election of hospice care under section 1812(d)(1), including services not related to the Program-eligible beneficiary’s terminal illness, shall be made by the Secretary to the Organization or the provider or supplier of the service instead of the monthly prospective payment determined under subsection (f); and (iii) the Secretary shall continue to make monthly payments to the Organization in an amount equal to the value of benefits and services determined under subsection (b)(2)(A)(ii)(IV). (5) Application of CMI claims processing framework (A) In general Under the Program, the Secretary shall apply a claims processing framework based on those that the Center for Medicare and Medicaid Innovation applies under various direct contracting models under section 1115A such that— (i) providers of services and suppliers serving Program-eligible beneficiaries continue to submit claims to a medicare administrative contractor; (ii) the Secretary forwards claims to the Organization for payment; and (iii) the Organization pays providers of services and suppliers an amount equal to the amount that they would otherwise receive under the original Medicare Fee-For-Service program plus any additional amount to which the provider may be eligible under subsection (b)(2)(A)(v) of this section. (B) Application of balance billing limitations Section 1852(a)(2)(A) (relating to payments made by an MA organization to a non-contract provider of services), section 1852(k)(1) (relating to limitations on balance billing), and section 1866(a)(1)(o) (relating to payments made by an MA organization to a non-contract supplier) shall apply to the Program. (C) Payments for graduate medical education Section 1886(d)(11) and section 1886(h)(3)(D) (relating to payments for graduate medical education) shall apply to Organizations and providers of services under the Program. (6) No effect on ma esrd rate setting or risk adjustment model To ensure the integrity of the Medicare Advantage end stage renal disease rate setting process and risk adjustment factors applied to Medicare Advantage end stage renal disease rates, claims paid on behalf of Program-eligible beneficiaries shall not be included in neither the determination of such rates nor the development of such risk adjustment factors. (7) Agreement between a state and organization for Medicaid benefits In the case that a State and Organization enter into a mutual agreement under which the Organization coordinates benefits under title XIX for Program-eligible beneficiaries eligible for benefits under this title and title XIX such mutual agreement shall specify the payment from the State for providing or arranging for the provision of such benefits. (8) Affirmation of State obligations to pay premium and cost-sharing amounts A State shall continue to make medical assistance under the State plan under title XIX available for the duration of the Program for Medicare cost-sharing (as defined in section 1905(p)(3)) under this title for qualified Medicare beneficiaries described in section 1905(p)(1) and other individuals who are Program-eligible beneficiaries assigned to or who elect an Organization and entitled to medical assistance for premiums and such cost-sharing under the State plan under title XIX in an amount equal to the amount of medical assistance that would be made available by such State if such Program-eligible beneficiaries were not participating in the Program under this section. (f) Waiver authority (1) In general The Secretary shall waive those requirements waived under section 1899 determined by the Secretary to be relevant and necessary for the operation of the Program under this section and may waive, as necessary, such additional requirements that have been or may be waived based on authority established under section 1115A for purposes of models tested by the Centers for Medicare and Medicaid Innovation in order to carry out the Program under this section. (2) Notice of waivers Not later than 3 months after the date of enactment of this section, the Secretary shall publish a notice of waivers that will apply in connection with the Program. The notice shall include the specific conditions that an Organization must meet to qualify for each waiver, and commentary explaining the waiver requirements. (g) Report Not later than December 31, 2025, the Medicare Payment Advisory Commission shall submit to Congress an interim report on the Program. . (b) Rules of construction (1) Use of medicare supplemental policy under an ESRD Fee-For-Service Integrated Care Model Nothing in the provisions of, or amendments made by, this Act shall be construed to prevent a Program-eligible beneficiary assigned to, or who elects, an ESRD Fee-For-Service Integrated Care Model offered by an Organization with an agreement under this section from enrolling in or continuing enrollment in a medicare supplemental policy available to such Program-eligible beneficiary or receiving benefits under such medicare supplemental policy throughout the duration of the Program-eligible beneficiary’s participation in an ESRD Fee-For-Service Integrated Care model offered by an Organizations with an agreement under this section. (2) Application of State rules regarding issuance of medicare supplemental policies to individual under age 65 Nothing in the provisions of, or amendments made by, this Act shall be construed to establish a Federal requirement on an issuer of a medicare supplemental policy to offer such medicare supplemental policy to individuals under age 65. (3) Continued availability of medicare supplemental policies to individuals under age 65 Nothing in the provisions of, or amendments made by, this Act shall be construed to affect a State’s authority to require an issuer of a medicare supplemental policy to offer such medicare supplemental policy to individual. (4) Continued application of education requirement Nothing in the provisions of, or the amendments made by, this Act shall be construed to exempt dialysis facilities participating in an Organization from complying with Medicare rules that require such Organizations to educate their patients about all treatment modalities, including home dialysis and transplantation. (5) Participation in ESRD Treatment Choices demonstration Nothing in the provisions of, or the amendments made by, this Act shall be construed to exempt an Organization under the ESRD FFS Integrated Care demonstration from participating in the Centers for Medicare & Medicaid Innovation’s mandatory ESRD Treatment Choices demonstration. (c) GAO Study and Report on Payment Adequacy for Pediatric ESRD Services (1) Study on Payment for Pediatric ESRD Services The Comptroller General of the United States shall conduct a study to examine the accuracy of pediatric data reported to the Centers for Medicare & Medicaid Services as part of the ESRD prospective payment system. The study shall evaluate whether the organizations described in section 1866G of the Social Security Act, as added by subsection (a), and the existing prospective payment system accurately capture and reimburse costs of pediatric dialysis care and include an analysis of the following factors that influence such costs: (A) Increased acuity of nursing care compared to adult dialysis patients, especially for smaller and younger pediatric hemodialysis patients. (B) Need for developmental and behavioral specialists, including child life specialists. (C) Need for more frequent assessment by pediatric dieticians to adjust formulas and diet for the specialized growth and nutrition requirements of children treated with dialysis. (D) Need for social workers, school liaisons, and other trained individuals designated to help families navigate challenging psychosocial situations and to coordinate with schools to ensure school attendance and optimize school performance among pediatric dialysis patients. (E) Need for a broader array of dialysis supplies, including different-sized dialyzers, tubing, and peritoneal fluid bags to accommodate care provided infants through young adults. (2) Report Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (d) GAO Study and Report on the Impact of Race-Based Correction of eGFR on Referral of ESRD Patients for Transplant Evaluation (1) Study on Impact of Race-based Correction of eGFR on Referral of ESRD Patients for Transplant Evaluation The Comptroller General of the United States shall conduct a study to examine the impact of race-based correction of the estimated glomerular filtration rate (referred to in this subsection as eGFR ) on the referral of ESRD patients for transplant evaluation. (2) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s2649is/xml/BILLS-117s2649is.xml |
117-s-2650 | II 117th CONGRESS 1st Session S. 2650 IN THE SENATE OF THE UNITED STATES August 5, 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 Energy and Natural Resources A BILL To provide mandatory funding for hazardous fuels reduction projects on certain Federal land, and for other purposes.
1. Short title This Act may be cited as the Wildfire Resilient Communities Act . 2. Funding for hazardous fuels reduction projects on certain Federal land (a) Definitions In this section: (1) Agency head The term agency head means— (A) the Director of the National Park Service; (B) the Chief of the Forest Service; (C) the Director of the Bureau of Land Management; (D) the Director of the United States Fish and Wildlife Service; and (E) the Director of the Bureau of Indian Affairs. (2) At-risk community; fire regime I; fire regime II; fire regime III The terms at-risk community , fire regime I , fire regime II , and fire regime III have the meanings given those terms in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). (3) Covered land The term covered land means Federal land under the jurisdiction of the applicable agency head. (4) Hazardous fuels reduction project The term hazardous fuels reduction project means the removal or modification of flammable vegetation or woody debris through prescribed fire, thinning, brush removal, mastication, pruning, slash treatment, or a combination of those methods, on the condition that the method is ecologically appropriate, cost-effective, and selected on a site-specific basis. (b) Hazardous fuels reduction projects (1) In general The agency heads shall carry out hazardous fuels reduction projects on covered land. (2) Project priorities In carrying out paragraph (1), the agency heads shall prioritize hazardous fuels reduction projects that are— (A) conducted in areas that— (i) are within or adjacent to— (I) at-risk communities; or (II) high-value watersheds; (ii) have very high wildfire hazard potential; or (iii) are in fire regime I, fire regime II, or fire regime III; or (B) designed to integrate and simultaneously advance 2 or more of the goals established in the report of the Secretary of Agriculture and the Secretary of the Interior entitled The National Strategy: the Final Phase of the Development of the National Cohesive Wildland Fire Management Strategy and dated April 2014— (i) to create fire-adapted communities; (ii) to restore and maintain resilient landscapes; and (iii) to achieve safe, effective fire response. (c) Funding (1) In general On the first October 1 following the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the agency heads, in accordance with an allocation formula established by the Secretary of the Treasury, $30,000,000,000, to remain available until expended. (2) Receipt and acceptance The agency heads shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. (3) Administrative and planning costs Not more than 10 percent of funding made available under paragraph (1) may be used for administrative and planning costs. 3. Community planning assistance for at-risk communities (a) Definitions In this section: (1) At-risk community; community wildfire protection plan The terms at-risk community and community wildfire protection plan have the meanings given those terms in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). (2) Federal land The term Federal land means the following: (A) National Forest System land reserved from the public domain. (B) The following land administered by the Secretary of the Interior: (i) Public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (ii) A unit of the National Park System. (iii) A unit of the National Wildlife Refuge System. (iv) Land held in trust for an Indian Tribe. (3) Hazardous fuels reduction project The term hazardous fuels reduction project means the removal or modification of flammable vegetation or woody debris through prescribed fire, thinning, brush removal, mastication, pruning, slash treatment, or a combination of those methods, on the condition that the method is ecologically appropriate, cost-effective, and selected on a site-specific basis. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Secretaries The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture. (b) Development of map Not later than 180 days after the date of enactment of this Act, and periodically thereafter, the Secretaries shall develop and publish a map depicting at-risk communities, including Tribal at-risk communities. (c) Planning and preparing at-Risk communities for wildfire Subject to the availability of appropriations, the Secretaries shall provide financial and technical assistance to at-risk communities adjacent to Federal land, including through States, to assist the at-risk communities in planning and preparing for wildfire, including— (1) cosponsoring and supporting the expansion of— (A) the Firewise USA Program; (B) the Ready, Set, Go program; (C) the Living with Wildfire program; or (D) programs similar to the programs referred to in subparagraphs (A) through (C) that are designed to advance fire-adapted communities; (2) supporting the development, updating, and implementation of community wildfire protection plans; (3) carrying out risk assessments and creating maps that depict wildfire risk, investment scenarios, and tradeoffs to assist in planning for response and suppression resource needs and implementing hazardous fuels reduction projects; (4) sharing costs to create defensible space for a distance of not less than 100 feet around a residence that was built before the date of enactment of this Act; and (5) planning and implementing cross-boundary hazardous fuels reduction projects as identified in a community wildfire protection plan. (d) Authorization of appropriations There is authorized to be appropriated $1,000,000,000 to carry out this section for each fiscal year. 4. Collaborative Forest Landscape Restoration Program (a) Proposal selection process Section 4003(d) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(d) ) is amended by striking paragraph (3) and inserting the following: (3) Limitation The Secretary may select not more than the number of proposals under paragraph (1) that the Secretary determines are likely to receive adequate funding. . (b) Permanent reauthorization Section 4003(f)(6) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(f)(6) ) is amended by striking $80,000,000 for each of fiscal years 2019 through 2023 and inserting $100,000,000 for fiscal year 2022 and each fiscal year thereafter . 5. County Stewardship Fund Section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: (j) County Stewardship Fund (1) In general There is established in the Treasury of the United States a fund to be known as the County Stewardship Fund (referred to in this section as the Fund ), to be administered by the Secretary. (2) Deposits Each fiscal year, an amount equal to 25 percent of the amounts collected as receipts under subsection (e) during the preceding fiscal year shall be deposited in the Fund. (3) Availability Amounts in the Fund shall— (A) be used only for purposes described in paragraph (4); and (B) remain available until expended. (4) Purposes (A) In general Each fiscal year, the Chief or the Director, as applicable, shall distribute from amounts in the Fund to each county in which a contract under subsection (b) was carried out on Federal land in the county during the preceding fiscal year a payment of an amount equal to 25 percent of the receipts generated from that contract. (B) Use of funds A county receiving a payment under subparagraph (A) may use the payment for any governmental purposes. . | https://www.govinfo.gov/content/pkg/BILLS-117s2650is/xml/BILLS-117s2650is.xml |
117-s-2651 | II 117th CONGRESS 1st Session S. 2651 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Whitehouse (for himself, Mr. Heinrich , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to establish a procedure for the siting of certain interstate electric transmission facilities, and for other purposes.
1. Short title This Act may be cited as the Streamlining Interstate Transmission of Electricity Act or the SITE Act . 2. Siting of certain interstate electric transmission facilities Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding at the end the following: 224. Siting of certain interstate electric transmission facilities (a) Definitions In this section: (1) Affected landowner (A) In general The term affected landowner includes each owner of a property interest in land or other property described in subparagraph (B), including— (i) the Federal Government; (ii) a State or local government; and (iii) each owner noted in the most recent county or city tax record as receiving the relevant tax notice with respect to that interest. (B) Land and other property described The land or other property referred to in subparagraph (A) is any land or other property— (i) that is or will be crossed by the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity; (ii) that is or will be used as a facility site with respect to the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity; (iii) that abuts any boundary of an existing right-of-way or other facility site that— (I) is owned by an electric utility; and (II) is located not more than 500 feet from the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity; (iv) that abuts the boundary of a proposed facility site for the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity; (v) that is crossed by, or abuts any boundary of, an existing or proposed right-of-way that— (I) will be used for the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity; and (II) is located not more than 500 feet from the proposed location of that energy transmission facility; or (vi) on which a residence is located not more than 500 feet from the boundary of any right-of-way for that energy transmission facility. (2) Alternating current transmission facility The term alternating current transmission facility means a transmission facility that uses alternating current for the bulk transmission of electric energy. (3) Energy transmission facility The term energy transmission facility means, as applicable— (A) an alternating current transmission facility; or (B) a high-voltage, direct current transmission facility. (4) Facility site The term facility site includes— (A) a right-of-way; (B) an access road; (C) a contractor yard; and (D) any temporary workspace. (5) High-voltage, direct current transmission facility The term high-voltage, direct current transmission facility means a transmission facility that uses direct current for the bulk transmission of electric energy. (6) Tribal land The term Tribal land has the meaning given the term Indian land in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (b) Certificate of public convenience and necessity (1) In general On receipt of an application under subsection (c)(1) relating to an energy transmission facility described in paragraph (2), the Commission, after making the finding described in paragraph (3) with respect to that energy transmission facility, shall issue to any person, by publication in the Federal Register, a certificate of public convenience and necessity for the construction, modification, operation, or abandonment of that energy transmission facility, subject to such reasonable terms and conditions as the Commission determines to be appropriate. (2) Energy transmission facility described An energy transmission facility referred to in paragraph (1) is an energy transmission facility that— (A) traverses or, on construction or modification in accordance with a certificate of public convenience and necessity issued under that paragraph, will traverse not fewer than 2 States; and (B) is not less than 1,000 megawatts or 1,000 megavolt-amperes in power capacity. (3) Finding described The finding referred to in paragraph (1) is a finding that— (A) the applicant for a certificate of public convenience and necessity is able and willing— (i) to carry out the activities and perform the services proposed in the application in a manner determined to be appropriate by the Commission; and (ii) to achieve compliance with the applicable requirements of— (I) this part; and (II) any rules and regulations promulgated by the Commission pursuant to this part; (B) the energy transmission facility to be constructed, modified, or operated under the certificate of public convenience and necessity will— (i) traverse not fewer than 2 States; (ii) be used for the transmission of electric energy in interstate commerce; and (iii) have a power capacity of not less than 1,000 megawatts or 1,000 megavolt-amperes; and (C) operation of the energy transmission facility as proposed in the application— (i) will— (I) enable the use of renewable energy; (II) reduce congestion; or (III) improve the reliability of the transmission system; (ii) will maximize, to the extent reasonable and economical, the use of— (I) existing facility sites; and (II) the transmission capabilities of existing energy transmission facilities; and (iii) will, to the extent practicable, minimize the use of eminent domain. (4) Rulemaking Not later than 270 days after the date of enactment of this section, the Commission shall issue rules specifying— (A) a pre-filing process during which a person described in subsection (c)(1) and the Commission shall consult with— (i) the appropriate State agencies, State public utility commissions, and State energy offices in each State the proposed project traverses; (ii) appropriate Federal agencies; and (iii) each Indian Tribe that may be affected by the proposed project; (B) the form of, and information to be contained in, an application submitted under subsection (c)(1); (C) requirements for determining whether the applicable energy transmission facility will be constructed or modified— (i) to traverse not fewer than 2 States; (ii) to be used for the transmission of electric energy in interstate commerce; and (iii) to have a power capacity of not less than 1,000 megawatts or 1,000 megavolt-amperes; (D) criteria for determining the reasonable and economical use of— (i) existing rights-of-way; and (ii) the transmission capabilities of existing towers or structures; (E) the manner in which an application submitted under subsection (c)(1) and any proposal for the construction or modification of an energy transmission facility shall be considered, which, to the extent practicable, shall be consistent with State statutory and regulatory policies concerning generation and retail sales of electricity in the States in which the electric energy transmitted by the energy transmission facility will be generated or sold; and (F) the manner in which the Commission will consider the needs of communities that will be impacted directly by the proposed energy transmission facility, including how any impacts of the proposed energy transmission facility could be mitigated or offset. (5) Public notice, comment, and opportunity for a hearing on certain draft documents (A) In general The Commission shall provide not less than 90 days for public comment on any initial scoping document or draft environmental impact statement prepared for an energy transmission facility with respect to which an application for a certificate of public convenience and necessity has been submitted under subsection (c)(1). (B) Notice and opportunity for hearing The Commission shall— (i) publish in the Federal Register a notice of the filing of each draft scoping document or draft environmental impact statement described in clause (i); and (ii) provide to the individuals and entities described in paragraph (6)(B) notice and reasonable opportunity for the presentation of any views and recommendations with respect to the initial scoping document or draft environmental impact statement. (C) Tribal consent With respect to an Indian Tribe that may be affected by a potential project, the Commission— (i) shall provide notice to the appropriate Tribal officials and an opportunity of public comment in accordance with subparagraph (A); and (ii) shall not approve a scoping document or draft environmental impact statement unless consent has been obtained from the proper Tribal officials in a manner consistent with the requirements of section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ). (6) Notice and opportunity for a hearing on applications (A) In general In any proceeding before the Commission to consider an application for a certificate of public convenience and necessity under this section, the Commission shall— (i) publish a notice of the application in the Federal Register; and (ii) provide to the individuals and entities described in subparagraph (B) a notice and reasonable opportunity for the presentation of any views and recommendations with respect to the need for, and impact of, the construction or modification of the energy transmission facility proposed to be constructed or modified under the certificate. (B) Individuals and entities described The individuals and entities referred to in subparagraph (A) are— (i) an agency, selected by the Governor (or equivalent official) of the applicable State, of each State in which the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity is or will be located; (ii) each affected landowner; and (iii) as determined by the Commission— (I) each affected Federal agency; and (II) each Indian Tribe that may be affected by the proposed construction or modification. (C) Prohibition The Commission may not— (i) require an applicant for a certificate of public convenience and necessity under this section to provide any notice required under this section; or (ii) enter into a contract to provide any notice required under this section with— (I) the applicant for the applicable certificate of public convenience and necessity; or (II) any other person that has a financial interest in the project proposed in the application for that certificate. (c) Applications (1) In general A person desiring a certificate of public convenience and necessity under this section shall submit to the Commission an application at such time, in such manner, and containing such information as the Commission may require. (2) Requirement An application submitted to the Commission under paragraph (1) shall include all information necessary for the Commission to make the finding described in subsection (b)(3). (d) Notice to affected landowners (1) In general The Commission shall provide written notice of an application submitted under subsection (c)(1) to all affected landowners in accordance with this subsection. (2) Requirements Any notice provided to an affected landowner under paragraph (1) shall include the following: (A) The following statement in 14-point bold typeface: “‘The [name of applicant] has proposed building power lines that will cross your property, and may also require building transmission towers on your property. If the Federal Energy Regulatory Commission approves [applicant]’s proposed project, then [applicant] may have the right to build transmission towers on, and power lines over, your property, or use your property to construct the proposed project, subject to paying you just compensation for the loss of your property. “‘If you want to raise objections to this, or otherwise comment on this project, you can do so by submitting written comments to the Federal Energy Regulatory Commission Docket No. [___]. You can do this electronically or by mail. To do so electronically [to be inserted by the Commission]. To do so by mail [to be inserted by the Commission].’. (B) A description of the proposed project, including— (i) the location of the proposed project (including a general location map); (ii) the purpose of the proposed project; and (iii) the timing of the proposed project. (C) The name of, and the location in the docket of the Commission at which may be found, each submission by the applicant to the Commission relating to the proposed project. (D) A general description of what the applicant will need from the landowner if the proposed project is approved, including the activities the applicant may undertake and the facilities that the applicant may seek to construct on the property of the landowner. (E) A description of how the landowner may contact the applicant, including— (i) a website; and (ii) a local or toll-free telephone number and the name of a specific person to contact who is knowledgeable about the proposed project. (F) A description of how the landowner may contact the Commission, including— (i) a website; and (ii) a local or toll-free telephone number and the name of a specific person to contact who is knowledgeable about the proposed project. (G) A summary of the rights that the landowner has— (i) before the Commission; and (ii) in other proceedings under— (I) the Federal Rules of Civil Procedure; and (II) the eminent domain rules of the relevant State. (H) Any other information that the Commission determines to be appropriate. (3) Obligation of applicant An applicant for a certificate of public convenience and necessity under this section shall submit to the Commission, together with the application for the certificate, the name and address of each affected landowner. (e) Regulatory jurisdiction (1) In general Except as provided in paragraph (2), the Commission shall have exclusive jurisdiction over, and no State shall regulate any aspect of, the siting or permitting of an energy transmission facility constructed, modified, or operated under a certificate of public convenience and necessity issued under this section. (2) Savings clause Nothing in this section affects the rights of States under— (A) the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ); (B) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (C) the Clean Air Act ( 42 U.S.C. 7401 et seq. ); or (D) division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ). (f) Judicial review (1) In general Any person aggrieved by an order issued by the Commission under this section may obtain review of the order in— (A) the court of appeals of the United States for any judicial circuit in which the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity is or will be located; or (B) the United States Court of Appeals for the District of Columbia Circuit. (2) Petition for review (A) In general A person may obtain review under paragraph (1) by filing in the applicable court a written petition praying that the order of the Commission be modified or set aside in whole or in part. (B) Timing A petition under subparagraph (A) shall be filed by not later than 60 days after the date on which the applicable order of the Commission is published in the Federal Register. (3) Person aggrieved Notwithstanding any other provision of this Act, a person aggrieved by an order of the Commission issued under this section need not— (A) have been a party to the proceedings before the Commission in which that order was issued in order to obtain judicial review of the order under this subsection; or (B) have requested rehearing before the Commission prior to seeking judicial review. (g) Right of eminent domain for energy transmission facilities (1) In general The holder of a certificate of public convenience and necessity may acquire through the exercise of the right of eminent domain in a court described in paragraph (2) any right-of-way, land, or other property that is necessary to construct, modify, operate, or maintain an energy transmission facility in accordance with that certificate if the holder— (A) cannot acquire the necessary right-of-way, land, or other property by contract; (B) is unable to agree with the owner of the right-of-way, land, or other property with respect to the compensation to be paid for that right-of-way, land, or other property; or (C) cannot clear defective title with respect to the right-of-way, land, or other property. (2) Court described A court referred to in paragraph (1) is— (A) the district court of the United States for the district in which the applicable land or other property is located; or (B) the appropriate State court. (3) Notice of decision to issue certificate The holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection with respect to any property covered by the certificate unless the Commission has first, in addition to publishing the notice of certificate of public convenience and necessity in the Federal Register, provided all affected landowners with notice of— (A) the decision of the Commission to grant the certificate; and (B) the procedures for obtaining judicial review of that decision under subsection (f), including a description of the time period for seeking judicial review under that subsection. (h) Condemnation procedures (1) Appraisals (A) In general A holder of, or applicant for, a certificate of public convenience and necessity shall have any property that the holder or applicant seeks to acquire through the exercise of the right of eminent domain under subsection (g) appraised in accordance with generally accepted appraisal standards by an appraiser selected by the owner of the property, subject to subparagraph (D). (B) Requirements (i) Costs The applicable holder of, or applicant for, a certificate of public convenience and necessity shall pay for each appraisal carried out under subparagraph (A). (ii) Inspections The owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under subparagraph (A). (C) Timing An appraisal under subparagraph (A) shall be carried out before the holder of, or applicant for, the certificate of public convenience and necessity— (i) makes an offer of just compensation under paragraph (2); or (ii) commences an action or proceeding to exercise the right of eminent domain under subsection (g). (D) Selection of appraiser If the owner of the applicable property does not select an appraiser under subparagraph (A) by the date that is 60 days after the date on which the holder of, or applicant for, the applicable certificate of public convenience and necessity requests that the owner do so, the holder or applicant shall have the right to select the appraiser. (2) Offers of just compensation (A) In general Any offer of just compensation made to an affected landowner of property that is covered by a certificate of public convenience and necessity— (i) shall be made in writing; (ii) may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under paragraph (1); and (iii) shall include compensation for— (I) any lost income from the property; and (II) any damages to any other property of the owner. (B) Timing The holder of, or applicant for, a certificate of public convenience and necessity may not make an offer of just compensation to an affected landowner until the date that is 30 days after the date on which the Commission provides a notice to the affected landowner under subsection (g)(3). (3) Jurisdictional limitations (A) Minimum jurisdictional amount A district court of the United States shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection (g) if the amount claimed by the owner of the property to be condemned exceeds $3,000. (B) State ownership interests (i) In general Except as provided in clause (ii), a district court of the United States shall have no jurisdiction to condemn any interest owned by a State. (ii) Exception Notwithstanding clause (i), a district court of the United States shall have jurisdiction— (I) to condemn any existing utility or transportation easement or right-of-way that— (aa) is on State property; or (bb) is on private property and is owned by a State; and (II) to condemn any real property conveyed to a State for the purpose of obstructing the construction, modification, or operation of an energy transmission facility in accordance with a certificate of public convenience and necessity issued under this section. (C) Tribal land A district court of the United States shall have no jurisdiction to condemn any interest in Tribal land. (4) Limitation on condemnation In any action or proceeding to exercise the right of eminent domain under subsection (g), a court— (A) may condemn an interest in property only to the extent necessary for the specific facilities described in the applicable certificate of public convenience and necessity; and (B) may not— (i) condemn any other interest; or (ii) condemn an interest for any purpose not described in that certificate. (5) Right of possession With respect to any action or proceeding to exercise the right of eminent domain under subsection (g), an owner of property covered by the applicable certificate of public convenience and necessity shall not be required to surrender possession of that property unless the holder of the certificate— (A) has paid to the owner the award of compensation in the action or proceeding; or (B) has deposited the amount of that award with the court. (6) Litigation costs (A) In general A holder of a certificate of public convenience and necessity that commences an action or proceeding to exercise the right of eminent domain under subsection (g) shall be liable to the owner of any property condemned in that proceeding for the costs described in subparagraph (B) if the amount awarded to that owner for the property condemned is more than 125 percent of the amount offered to the owner by the holder before the commencement of that action or proceeding. (B) Costs described The costs referred to in subparagraph (A) are litigation costs incurred for the action or proceeding described in that subparagraph by the owner of the property condemned, including— (i) reasonable attorney fees; and (ii) expert witness fees and costs. (i) Enforcement of conditions (1) In general An affected landowner the property of which has been acquired by eminent domain under subsection (g) shall have the right— (A) to enforce any condition in the applicable certificate of public convenience and necessity; and (B) to seek damages for a violation of any condition described in subparagraph (A). (2) Jurisdiction The district courts of the United States shall have jurisdiction over any action arising under paragraph (1). (j) Other landowner rights and protections (1) Failure to timely complete projects (A) Surrender of condemned property (i) In general An individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection (g) by the holder of a certificate of public convenience and necessity that is issued for the construction, modification, or operation of an energy transmission facility may demand that the holder of the certificate surrender that interest to that individual or entity if— (I) (aa) the energy transmission facility is not in operation (as modified, in the case of a modification of an energy transmission facility) by the date specified in the certificate (including any modification of the certificate by the Commission); and (bb) there is no request for the extension of that date pending before the Commission; or (II) subject to clause (ii), the holder of the certificate, with the approval of the Commission, abandons the portion of the energy transmission facility that is located on the applicable property relating to that interest. (ii) Requirement The Commission may not approve in a certificate of public convenience and necessity issued under this section or in any subsequent proceeding the abandonment of all or any part of an energy transmission facility unless the Commission requires the holder of the applicable certificate of public convenience and necessity to offer to each individual or entity described in clause (i) the option of having the property acquired from that individual or entity as described in that clause restored to the condition that the property was in prior to the issuance of the certificate. (B) Repayment of condemnation award If an individual or entity described in subparagraph (A)(i) demands the surrender of an interest under that subparagraph, the holder of the applicable certificate of public convenience and necessity shall be entitled to repayment of an amount equal to not more than 50 percent of the condemnation award relating to the interest. (C) Jurisdiction The district courts of the United States shall have jurisdiction over any action arising under this paragraph. (2) Material misrepresentations (A) Rescission of transaction (i) In general An affected landowner that proves, by a preponderance of the evidence, that the affected landowner has granted a right-of-way or any other interest based on a material misrepresentation made by or on behalf of an applicant for, or holder of, a certificate of public convenience and necessity under this section shall have the right to rescind the transaction. (ii) Jurisdiction The district courts of the United States shall have jurisdiction over any action arising under clause (i). (B) Civil penalties (i) In general If an applicant for, or holder of, a certificate of public convenience and necessity makes a material misrepresentation, or if a material misrepresentation is made on behalf of such an applicant or holder, to an affected landowner concerning the energy transmission facility to be constructed or modified under the certificate, the applicant or holder shall be subject to a civil penalty, to be assessed by the Commission, in an amount not to exceed $10,000 per affected landowner to which the misrepresentation was made. (ii) Procedure The penalty described in clause (i) shall be assessed by the Commission after providing notice and an opportunity for a public hearing. (iii) Requirement In determining the amount of a penalty under clause (i), the Commission shall take into consideration the nature and seriousness of the violation. . | https://www.govinfo.gov/content/pkg/BILLS-117s2651is/xml/BILLS-117s2651is.xml |
117-s-2652 | II 117th CONGRESS 1st Session S. 2652 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Warner (for himself and Mr. Scott of South Carolina ) 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 clarify congressional intent and preserve patient access to home infusion therapy under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Preserving Patient Access to Home Infusion Act . 2. Preservation of patient access to home infusion therapy under Medicare program (a) Inclusion of pharmacy services Section 1861(iii)(2)(A) of the Social Security Act ( 42 U.S.C. 1395x(iii)(2)(A) ) is amended by inserting and pharmacy services after nursing services . (b) Infusion drug administration calendar day Section 1834(u)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395m(u)(1)(A)(ii) ) is amended by inserting after the first sentence the following new sentence: For purposes of the previous sentence, with respect to the furnishing of home infusion drugs to an individual by a qualified home infusion therapy supplier, a reference to payment to such supplier for an infusion drug administration calendar day in the home of such individual shall refer to payment for the date on which such a drug was administered to the individual (regardless of whether a qualified home infusion therapy supplier was physically present in the home of such individual on such date). . (c) Permitting nurse practitioners and physician assistants To establish and review a home infusion plan of care Section 1861(iii)(1)(B) of the Social Security Act ( 42 U.S.C. 1395x(iii)(1)(B) ) is amended by striking physician (as defined in subsection (r)(1)) and is periodically reviewed by a physician and inserting physician (as defined in subsection (r)(1)) or a nurse practitioner or physician assistant (as those terms are defined in subsection (aa)(5)) and is periodically reviewed by a physician, nurse practitioner, or physician assistant . (d) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2652is/xml/BILLS-117s2652is.xml |
117-s-2653 | II 117th CONGRESS 1st Session S. 2653 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Cardin (for himself, Mr. Blunt , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for collegiate housing and infrastructure grants.
1. Short title This Act may be cited as the Collegiate Housing and Infrastructure Act of 2021 . 2. Charitable organizations permitted to make collegiate housing and infrastructure grants (a) In general Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (s) Treatment of organizations making collegiate housing and infrastructure improvement grants (1) In general For purposes of subsection (c)(3) and sections 170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an organization shall not fail to be treated as organized and operated exclusively for charitable or educational purposes solely because such organization makes collegiate housing and infrastructure grants to an organization described in subsection (c)(7) which applies the grant to its collegiate housing property. (2) Housing and infrastructure grants For purposes of paragraph (1), collegiate housing and infrastructure grants are grants for capital improvements to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes, so long as such grants are for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. A grant shall not be treated as a collegiate housing and infrastructure grant for purposes of paragraph (1) to the extent that such grant is used to provide physical fitness facilities. (3) Collegiate housing property For purposes of this subsection, collegiate housing property is property in which, at the time of a grant or following the acquisition, lease, construction, or modification of such property using such grant, substantially all of the residents are full-time students at the college or university in the community where such property is located. (4) Grants to certain organizations holding title to property, etc For purposes of this subsection, a collegiate housing and infrastructure grant to an organization described in subsection (c)(2) or (c)(7) holding title to property exclusively for the benefit of an organization described in subsection (c)(7) shall be considered a grant to the organization described in subsection (c)(7) for whose benefit such property is held. . (b) Effective date The amendment made by this section shall apply to grants made in taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2653is/xml/BILLS-117s2653is.xml |
117-s-2654 | II 117th CONGRESS 1st Session S. 2654 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Menendez (for himself, Mr. Schumer , Mr. Cornyn , Mr. Blumenthal , Mr. Grassley , Mrs. Gillibrand , Mr. Booker , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence A BILL To require a declassification review of certain investigation documents concerning foreign support for the terrorist attacks of September 11, 2001, and for other purposes.
1. Short title This Act may be cited as the September 11 Transparency Act of 2021 . 2. Declassification review of certain investigation documents concerning foreign support for terrorist attacks of September 11, 2001 (a) Declassification reviews, publication, and report The Director of National Intelligence, the Attorney General, and the Director of the Central Intelligence Agency shall— (1) in accordance with subsection (b), complete declassification reviews— (A) not later than 90 days after the date of the enactment of this Act, of— (i) the subfile investigation described in chapter V of the 2015 Final Report of the Congressionally-directed 9/11 Review Commission; (ii) any subfile or separate investigation of any subject of the subfile investigation described in clause (i); (iii) any counterintelligence investigation involving any subject of the subfile investigation described in clause (i); and (iv) any PENTTBOM records referring or relating to any subject of the subfile investigation described in clause (i); and (B) not later than 20 days after the date of the enactment of this Act, of the April 2016 Review Report concerning the subfile investigation described in subparagraph (A)(i); (2) not later than 20 days after the date of the enactment of this Act, make available to the public any information declassified as a result of a declassification review completed under paragraph (1)(B); and (3) not later than 90 days after the date of the enactment of this Act— (A) make available to the public any information declassified as a result of the declassification reviews completed under paragraph (1)(A); and (B) submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) a report on the results of the declassification reviews completed under paragraph (1), including a justification for each decision not to declassify a document, record, or information pursuant to such reviews. (b) Review procedures (1) Oversight and responsibility The declassification reviews required by subsection (a)(1) shall be overseen by the Director of National Intelligence, who shall ensure that documents and information are declassified to the fullest extent possible under applicable provisions of law, except that— (A) the Attorney General shall have primary responsibility for conducting the declassification reviews required by subsection (a)(1) with respect to documents and information that originated with the Department of Justice; (B) the Director of the Central Intelligence Agency shall have primary responsibility for conducting the declassification reviews required by such subsection with respect to documents and information that originated with the Central Intelligence Agency; and (C) the Director of National Intelligence shall have primary responsibility for conducting the declassification reviews required by such subsection with respect to all other documents and information not described in subparagraph (A) or (B). (2) Additional requirements Upon the completion of the declassification reviews under subsection (a)(1), the Director of National Intelligence, the Attorney General, and the Director of the Central Intelligence Agency shall each ensure that, with respect to each review under their respective primary responsibility under paragraph (1) of this subsection and as to all documents and information subject to such reviews but not declassified pursuant to such reviews— (A) such documents and information meet the requirements for classification; (B) all nonclassified information is disentangled and, to the extent practicable, made available to the public; and (C) all documents and information are nonetheless declassified, in accordance with section 3.1 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, when the Director of National Intelligence, the Attorney General, or the Director of the Central Intelligence Agency, as the case may be, determines that the Federal Government’s interest in classification is outweighed by the public interest in disclosure. | https://www.govinfo.gov/content/pkg/BILLS-117s2654is/xml/BILLS-117s2654is.xml |
117-s-2655 | II 117th CONGRESS 1st Session S. 2655 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Murkowski (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 provide funding for demonstration grants to support clinical training of health care providers to administer medical forensic examinations and treatments to survivors of interpersonal violence of all ages.
1. Short title This Act may be cited as the Ensuring Forensic Care for All Victims Act or the EFCA Act . 2. Purpose It is the purpose of this Act to provide eligible entities funding through demonstration grants to develop trauma informed standards of care through pilot programs that promote generalist forensic training using a module-based, conceptual learning program with competency-based activities tailored to meet health care professional and first responder needs. 3. Definitions In this Act: (1) Community health aide; community health practitioner The terms community health aide and community health practitioner have the meanings given such terms for purposes of section 119 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616l ). (2) First responder The term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies. (3) Generalist forensic services The term generalist forensic services with respect to health care providers, means enabling such providers to have expanded forensic knowledge and skills to ensure that individuals, families, and communities that have experienced interpersonal violence or trauma are provided medical forensic assessment, evidence collection, and documentation that aids in meeting the needs of patients as well as improves future law enforcement investigation and prosecution, provides needed data for research to support response and prevention of violence, and improves ability to adequately respond to patients who exhibit signs of victimization. (4) Health care provider The term health care provider has the meaning given such term by the Secretary, and includes registered nurses, nurse practitioners, nurse midwives, clinical nurse specialists, physician assistants, and physicians. (5) Indian Tribes The terms Indian Tribe and Tribal organization shall have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term Urban Indian organization has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ). (6) Interpersonal violence The term interpersonal violence means any form of violence which is emotional and trauma inducing for victims, families of victims, perpetrators, and communities. (7) Program The term program means the program established under section 101. (8) Secretary The term Secretary means the Secretary of Health and Human Services. (9) Standard of care The term standard of care means evaluation and treatment that is accepted by medical experts and reflected in peer-reviewed medical literature as the appropriate medical approach for a condition, symptoms, illness, or disease and that is widely used by health care professionals. (10) Trauma informed care The term trauma informed care means care which trauma survivors receive that is culturally competent in accordance with professional standards of practice and accounting for patients’ experiences and preferences in order to eliminate or mitigate triggers that may cause re-traumatization of the patient. I Establishing a generalist forensic healthcare clinical and continuing education pilot program. 101. Establishment of program (a) In general The Secretary, in conjunction with Attorney General, shall establish a demonstration program to award grants to eligible partnered entities for the clinical training of health care providers, first responders, community health aides, community health practitioners, and students and to enable such providers, first responders, community health aides, community health practitioners, and students to administer medical forensic examinations and treatments to survivors, perform medical forensic assessments, evidence collection, and documentation that aids in meeting the needs of patients as well as improves future law enforcement investigation and prosecution, provides needed data for research to support response and prevention of interpersonal violence, and improves the ability of providers, first responders, community health aides, community health practitioners, and students to adequately respond in difficult situations. (b) Purpose The purpose of the program is to enable each grant recipient to work with inter-professional partners, including law enforcement, legal services, victims advocacy organizations, and others to expand access to generalist forensic services by providing providers with the clinical training necessary to establish and maintain competency in general forensic services and to test the provisions of such services at new facilities in expanded health care settings. 102. Demonstration grants for comprehensive forensic training (a) Establishment of program The Secretary shall establish a demonstration program to award grants to eligible partnered entities for the clinical training of health care providers to administer medical forensic examinations and treatments to survivors of interpersonal violence of all ages. (b) Purpose The purpose of the demonstration program is to develop training and curriculum to provide health care providers with the skills to provide competent medical forensic assessment and care to individuals, families, and communities that have experienced violence or trauma and be available to collaborate with members of an inter-professional forensic team. (c) Term Grants under this section shall be for a term of 5 years. (d) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) be— (A) an institute of higher education; or (B) Indian Tribes or Tribal organizations; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Grant amount Each grant awarded under this section shall be in an amount that does not exceed $400,000 per year. A grant recipient may carry over funds from one fiscal year to the next without obtaining approval from the Secretary. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $11,000,000 for each of fiscal years 2022 through 2026. (2) Set-aside Of the amount appropriated under this subsection for a fiscal year, the Secretary shall reserve 10 percent of such amount for purposes of making grants to entities that are affiliated with Indian Tribes or Tribal organizations, or Urban Indian organizations. Amounts so reserved may be used to support referrals and the delivery of emergency first aid, culturally competent support, and forensic evidence collection training. II Technical assistance grants and learning collectives 201. Technical assistance grants and learning collectives Part B of title VIII of the Public Health Service Act ( 42 U.S.C. 296j et seq. ) is amended by adding at the end the following: 812. Technical assistance center and regional learning collectives (a) In general The Secretary shall establish a State and forensic provider technical resource center to provide technical assistance to health care providers and community health aides to increase the quality of, and access to, generalist forensic services by entering into contracts with national experts (such as the Academy of Forensic Nursing and others). (b) Regional learning collectives The Secretary shall convene State and hospital regional learning collectives to assist health care providers and States in sharing best practices, discussing practices, and improving the quality of, and access to, generalist forensic services. (c) Repository The Secretary shall establish and maintain a secure Internet-based data repository to serve as an online learning collective for State and entity collaborations. An entity receiving a grant under section 102 may use such repository for— (1) technical assistance; and (2) best practice sharing. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. . III National report on the need for generalist forensic services in our Nation’s health system 301. National report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Office for Victims of Crime of the Department of Justice, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Indian Health Service, the Office on Women’s Health of the Department of Health and Human Services, and the Office of Violence Against Women of the Department of Justice (hereafter referred to in this section collectively as the Agencies ), shall submit to the Secretary a report on the need throughout the United States and territories for increased access to generalist medical forensic services, evidence collection, and documentation that aids in meeting the needs of health care patients as well as improves future law enforcement investigation and prosecution, the need for data for research to support response and prevention of interpersonal violence, and improved ability of health care providers to adequately respond to patients who exhibit signs of victimization. | https://www.govinfo.gov/content/pkg/BILLS-117s2655is/xml/BILLS-117s2655is.xml |
117-s-2656 | II 117th CONGRESS 1st Session S. 2656 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require annual reports and briefings on the Global Force Management Allocation Plan.
1. Short title This Act may be cited as the Global Force Management Oversight Act of 2021 . 2. Annual report and briefing on Global Force Management Allocation Plan (a) Definitions In this section: (1) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (2) Secretary The term Secretary means the Secretary of Defense. (b) Report (1) In general Not later than April 1 each year, the Secretary shall submit to the congressional defense committees a report on the Global Force Management Allocation Plan. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A detailed description of the Global Force Management Allocation Plan as originally approved by the Secretary for— (i) the preceding calendar year; and (ii) the calendar year during which the report is submitted. (B) A detailed description of any differences between the actual allocations of forces or final laydown of forces at the end of the preceding calendar year and the allocations of forces and laydown of forces stipulated in the Global Force Management Allocation Plan for that calendar year. (C) A list of all requests for forces made by the geographic combatant commands in the preceding calendar year, including a description of each request and a justification for the approval, denial, or deferral of the request. (3) Form Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex. (c) Briefing Not later than 30 days after the date on which each report under subsection (b) is submitted, the Secretary shall provide to the congressional defense committees a classified briefing on the contents of the report. | https://www.govinfo.gov/content/pkg/BILLS-117s2656is/xml/BILLS-117s2656is.xml |
117-s-2657 | II 117th CONGRESS 1st Session S. 2657 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to define the term State for the purposes of the microloan program carried out under that Act, and for other purposes.
1. Short title This Act may be cited as the Northern Mariana Islands Entrepreneurship Act of 2021 . 2. Microloan program definitions Section 7(m)(11) of the Small Business Act ( 15 U.S.C. 636(m)(11) ) is amended— (1) in subparagraph (C)(ii), by striking and at the end; (2) in subparagraph (D), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (E) the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. . | https://www.govinfo.gov/content/pkg/BILLS-117s2657is/xml/BILLS-117s2657is.xml |
117-s-2658 | II 117th CONGRESS 1st Session S. 2658 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Casey (for himself, Mr. Blumenthal , Ms. Duckworth , Ms. Klobuchar , Mrs. Gillibrand , Mr. Van Hollen , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure that older adults and individuals with disabilities are prepared for disasters, and for other purposes.
1. Short title This Act may be cited as the Real Emergency Access for Aging and Disability Inclusion for Disasters Act or the REAADI for Disasters Act . 2. Findings and sense of congress (a) Findings Congress makes the following findings: (1) In the United States, according to the Centers for Disease Control and Prevention, there are more than 61,000,000 adults who are individuals with disabilities and, according to the Bureau of the Census, there are more than 47,800,000 adults age 65 or older. (2) There have been more than 80 hurricanes, resulting in thousands of deaths, in the United States since 2005. (3) The National Oceanic and Atmospheric Administration estimates that— (A) the cumulative damage from weather- and climate-related disasters in 2017 cost the United States over $300,000,000,000; and (B) 17 of the disasters in 2017 cost over $1,000,000,000 each. (4) Individuals with disabilities and older adults have been found to die at higher rates, compared to the general population, during disasters. (5) According to the Federal Emergency Management Agency— (A) more than 48,000,000 people were affected by hurricanes and wildfires between August and December of 2017; and (B) more than 12,000,000, or one quarter, of those peoples were adults who were individuals with disabilities. (6) An estimated 70 percent of the deaths attributed to Hurricane Maria in 2017 were to people age 70 or older. (7) Failure to provide accessibility for, or plan for accommodating, individuals with physical or sensory disabilities, chronic illness, or mental disabilities decreases the ability of those individuals to evacuate prior to or during a disaster. (8) Households of individuals with disabilities are more likely to need assistance and are less likely to be able to evacuate in advance of disasters. (9) Less than a third of individuals with intellectual disabilities and individuals needing personal care attendants have planned with their personal care providers what to do in a disaster. (10) Evacuation information, including orders, is not uniformly communicated in ways and via media that are accessible to individuals with disabilities, including being communicated in ways that lack use of American Sign Language, captions, and plain language on websites, instructional materials, and television and radio announcements. (11) Displaced individuals with disabilities served in general population shelters have better access to information and material resources than individuals with disabilities in specially designed shelters. (12) Despite better access to information and resources, personnel in general population shelters often do not have the resources or training to address the needs of individuals with disabilities and older adults. (13) Public shelters often do not have disability-related accommodations, often forcing individuals with disabilities and older adults to be segregated, sometimes apart from their families and natural supports during disasters. (14) Households with individuals with disabilities sustain more costly property damage from disasters than households without individuals with disabilities. (15) Historically, disaster-related recommendations for individuals with disabilities and older adults have been typically aimed at caregivers and service providers, not individuals with disabilities and older adults. (16) Thousands of individuals with disabilities have been denied their civil rights because they do not receive accessible notice during disasters— (A) of spoken instructions via phone or video; or (B) of instructions regarding evacuations, sheltering, and other procedures during disasters. (17) Disaster shelters and services do not routinely have American Sign Language interpreters nor procedures written or presented in plain language. (18) Individuals with disabilities and older adults are more at risk for loss of life, loss of independence, or violation of civil rights than the general population during times of disasters, response, and recovery. (b) Sense of Congress It is the sense of Congress that— (1) individuals with disabilities and older adults should be supported during times of disasters, and during disaster preparedness, response, recovery, and mitigation in order to— (A) ensure maintenance of and access to services and supports; and (B) enable those individuals and adults to return to their communities in a timely manner as compared with the general population; (2) during the recovery and mitigation phases of disaster response, all buildings and services should be designed, and constructed or reconstructed, according to principles of universal design and to the standards established by the Architectural and Transportation Barriers Compliance Board in order to ensure access for individuals with disabilities, older adults, and all individuals; (3) individuals with disabilities and older adults should have access to shelters and other services during disasters in the same locations and settings as the general population; (4) individuals with disabilities and older adults should receive information about preparation for, response to, recovery from, and mitigation of disasters in formats accessible to them, including in American Sign Language, Braille, and plain language, as well as captioned video messages; (5) individuals with disabilities and older adults must be included as key speakers, essential stakeholders, and decisionmakers in the preparation (including planning), response, recovery, and mitigation phases of disasters; (6) local, State (including territorial), Tribal, and Federal disaster planning must include robust representation of individuals with disabilities and older adults; and (7) individuals with disabilities and older adults must be included in the evaluation of governmental, VOAD, and other nongovernmental preparation (including planning), response, recovery, and mitigation of disasters. 3. Purposes The purposes of this Act are to— (1) improve the inclusion of individuals with disabilities and older adults in the preparation for, response to, recovery from, and mitigation of disasters; (2) ensure that individuals with disabilities and older adults with disabilities are free from discrimination on the basis of disability or age in programs and activities, are protected during and included in all phases of disaster preparation, response, recovery, and mitigation; (3) ensure compliance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and other disability laws during preparation for, response to, recovery from, and mitigation of disasters; (4) improve coordination among the communities of individuals with disabilities and older adults, including multiply marginalized BIPOC and LGBTQ+ communities, government agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; in preparing (including planning) for, responding to, recovery from, and mitigation of disasters; and (5) improve outcomes for all individuals, including individuals with disabilities and older adults, who are affected by disasters, and increase community resilience in responding to disasters. 4. Definitions In this Act: (1) Access and functional needs The term access and functional needs , used with respect to an individual, means an individual with needs such as— (A) an individual with a disability; (B) an older adult; (C) an individual with limited English proficiency; (D) an individual with limited access to transportation that would enable the individual to prepare for, respond to, recover from, and mitigate a disaster; or (E) an individual with limited access to the financial resources that would enable the individual to prepare for, respond to, recover from, and mitigate a disaster. (2) All hazards approach The term all hazards approach means planning for natural, technological, or human-caused incidents that warrant action to— (A) protect life, property, the environment, or the public health or safety; and (B) minimize disruptions of school activities. (3) Civil rights The term civil rights , used with respect to an individual, means the existing (as of the date of enactment of this Act) legal rights of an individual to be free from discrimination on the basis of disability or age in programs and activities. (4) Covered individual The term covered individual means an individual with a disability, an older adult, and an individual with access and functional needs. (5) Disability inclusive emergency management experience The term disability inclusive emergency management experience , used with respect to an individual or entity— (A) means an individual or entity that has— (i) demonstrated disability leadership experience, including working with nongovernmental entities; and (ii) subject matter expertise in leading disability inclusive preparedness, response, recovery, and mitigation initiatives that focus on meeting the civil rights of covered individuals who are affected by disasters, to be free from discrimination on the basis of disability or age in programs and activities; and (B) includes an individual or entity that has demonstrated favorable outcomes that measure the effective communication access, physical access, program access, health, safety, and independence of individuals affected by disasters and their communities. (6) Disaster The term disaster means an emergency or major disaster (as such terms are defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) that results in severe property damage, deaths, or multiple injuries. (7) Disaster services The term disaster services means the process of responding to a disaster and providing humanitarian aid to individuals and communities who are affected by a disaster. (8) Disproportionately affected The term disproportionately affected , used with respect to a group, means a group of individuals with protected status, including individuals with disabilities or older adults, who are excessively adversely affected by disaster-related harms. (9) Indian Tribal government The term Indian Tribal government has the meaning given the term Indian tribal government in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (10) Individual with a disability (A) Single The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (B) Plural The term individuals with disabilities means more than one individual with a disability, as defined in subparagraph (A). (11) Older adult The term older adult means a resident who is age 50 or older. (12) Resident The term resident means— (A) in the case of an individual receiving assistance through an Indian Tribal Government or other Indian entity, a resident of an area or member of a community governed by an Indian Tribal Government; and (B) in the case of an individual not described in subparagraph (A), a resident of a State that is not an Indian Tribal Government. (13) Secretary The term Secretary means the Secretary of Health and Human Services. (14) State The term State means any of the 50 States, an Indian Tribal Government, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (15) Visitability standards The term visitability standards means standards for Type C (Visitable) Units under the Standards for Accessible and Usable Buildings and Facilities (ICC A117.1–2009), or any successor standards, of the American National Standards Institute. (16) VOAD The term VOAD means a nongovernmental organization assisting in disaster preparation, recovery, response, or mitigation. 5. Use of disaster response funds Section 615 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196d ) is amended— (1) by striking Funds made available and inserting the following: (a) Definitions In this section: (1) Access and functional needs The term access and functional needs , used with respect to an individual, means an individual with needs such as— (A) an individual with a disability; (B) an older adult; (C) an individual with limited English proficiency; (D) an individual with limited access to transportation that would enable the individual to prepare for, respond to, or recover from, and mitigate an emergency or major disaster; or (E) an individual with limited access to the financial resources that would enable the individual to prepare for, respond to, recover from, or mitigate an emergency or major disaster. (2) Center for independent living The term center for independent living has the meaning given that term in section 702 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796a ). (3) Covered recipient (A) In general The term covered recipient means a direct or indirect recipient of funds made available under this title for a covered use of funds. (B) Exclusion The term covered recipient does not include individuals or households. (4) Covered use of funds The term covered use of funds means the use of funds for the preparation for, response to, recovery from, or mitigation of hazards. (5) Individual with a disability (A) Single The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (B) Plural The term individuals with disabilities means more than one individual with a disability, as defined in subparagraph (A). (6) Older adult The term older adult means an individual who is age 50 or older. (7) Visitability standards The term visitability standards means standards for Type C (Visitable) Units under the Standards for Accessible and Usable Buildings and Facilities (ICC A117.1–2009), or any successor standards, of the American National Standards Institutes. (b) Use of funds generally Funds made available ; and (2) by adding at the end the following: (c) Advisory committees A covered recipient shall ensure that an advisory committee that includes individuals with disabilities, older adults, and other individuals with access and functional needs shall oversee the use of funds made available under this title to the covered recipient. (d) Compliance with disability laws A covered recipient shall use funds made available under this title in accordance with the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (e) Centers for independent living A covered recipient may contract with 1 or more centers for independent living to— (1) prepare for hazards; (2) provide personal assistance services during response and recovery periods; (3) identify accessible emergency shelters and adapt emergency shelters to be accessible; (4) develop accessible media, including media using American Sign Language; and (5) meet other needs for individuals with disabilities, older adults, and individuals with access and functional needs. (f) Contractors A nongovernmental organization that enters into a contract with a covered recipient relating to a covered use of funds shall comply with the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) in providing property or services under the contract. (g) Communications Communications relating to a covered use of funds by a covered recipient shall be made available in languages, including American Sign Language and other sign languages, used in the communities receiving the communications. (h) Accessibility A covered recipient shall ensure each facility or service made available in connection with a covered use of funds is accessible to individuals with disabilities, older adults, and other individuals with access and functional needs, including— (1) notifications relating to a hazard; (2) evacuation notifications; (3) notifications relating to disaster services; and (4) emergency shelters. (i) Visitability A covered recipient that, as part of a covered use of funds, constructs or prepares dwelling units (including sleeping units) shall ensure that the dwelling units meet visitability standards. . 6. Training, technical assistance, and research disability and disaster centers (a) Purpose The purpose of this section is to provide financial support to eligible entities to create centers through which the eligible entities will— (1) provide training and technical assistance to State, local, Tribal, and territorial disaster relief, public health, and social service agencies in the implementation and enhancement of systemic and effective engagement policies, programs, and activities that ensure— (A) that the needs and civil rights of covered individuals are addressed and implemented throughout all phases of disaster preparation, response, recovery, and mitigation; and (B) the inclusion of covered individuals in the development of all State, local, Tribal, and territorial disaster preparation plans; (2) assist Federal, State, local, Tribal, and territorial disaster relief agencies in the coordination and integration of Federal, State (including territorial), local, and Tribal services and programs to serve covered individuals in the least restrictive environment appropriate to their needs during a disaster; (3) conduct research and expand knowledge about covered individuals and their experiences during the preparation, response, recovery, and mitigation phases of disasters; and (4) discover, through research, and disseminate knowledge about, the most effective methods for— (A) protecting the civil rights of covered individuals during times of disasters; (B) including covered individuals in all phases of disaster preparation, response, recovery, and mitigation; (C) reducing their deaths, injuries and losses from disasters; (D) reducing the displacement and disproportionate effects of relocation after a disaster, including financial and social effects, on covered individuals; and (E) ensuring covered individuals are participants in the research, development, and distribution of evidence-based information regarding disasters. (b) Definitions In this section: (1) Eligible entity The term eligible entity means an entity or partnership of entities that— (A) submits an application to the Secretary in accordance with subsection (e); (B) is or includes an institution (which may be an institution of higher education), or a nongovernmental organization, that focuses on— (i) serving the needs of individuals with disabilities; or (ii) serving the needs of older adults; (C) in the case of an entity or partnership with a disability focus, has a cross-disability service focus; (D) has experience in conducting training, technical assistance, and research pertaining to consumer-directed community support services for covered individuals; (E) includes covered individuals in positions of leadership in the planning, management, and operation of the programs of training, technical assistance, and research; (F) has knowledge and experience pertaining to the implementation and enhancement of systemic and effective engagement policies, programs, and activities that promote the inclusion, needs, and civil rights of covered individuals in preparation for, response to, recovery from, and mitigation of disasters; and (G) has, or will establish, an advisory council or similar entity, of which at least 51 percent of the members are covered individuals. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Stakeholder group The term stakeholder group means a group of individuals and organizations that— (A) is committed to disability inclusive and older adult inclusive disaster management; (B) includes covered individuals throughout preparedness, response, recovery, and mitigation activities; (C) has leaders that include covered individuals; (D) has a governing or advisory board, of which at least half of the members are covered individuals; and (E) has a mission to inclusively serve covered individuals. (c) Authority for grants The Secretary may award grants, on a competitive basis, to eligible entities, to provide for— (1) activities that include covered individuals in the preparation (including planning) for, response to, recovery from, and mitigation of disasters; and (2) except as described in subsection (d)(2), research related to disasters and covered individuals. (d) Amount and period of grants (1) Amount In awarding grants under this section, the Secretary shall, to the extent practicable, award a grant to an eligible entity in an amount that is not less than $1,000,000 and not more than $3,000,000. (2) Distribution The Secretary shall award not fewer than 2 of the grants in each of the 10 Federal regions of the Department of Health and Human Services. At least 1 grant in each region shall be awarded to an eligible entity exclusively to conduct training and technical assistance described in paragraphs (1) and (2) of subsection (a). (3) Periods The Secretary shall award the grants for periods of 5 years, through an open competition held at the end of each 5-year period. Eligible entities that receive grants under this section may reapply for such grants at the end of the periods. (e) Applications (1) Submissions To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents Each such application shall include, at a minimum, the following: (A) A description of the applicant’s demonstrated experience in providing training, information, and support to individuals with disabilities in preparing for, responding to, recovering from, and mitigating disasters. (B) A description of the applicant’s demonstrated experience in providing training, information, and support to older adults in preparing for, responding to, recovering from, and mitigating disasters. (C) A description of the applicant’s demonstrated experience in working with Federal, State, local, Tribal, and territorial government agencies in preparing for, responding to, recovering from, and mitigating disasters. (D) A description of the steps the applicant, acting through the center, will take to target services to low-income individuals and individuals identified as disproportionately affected in disasters, including those individuals at greatest risk of institutionalization. (E) An assurance that the applicant, acting through the center, will— (i) work with State, local, Tribal, and territorial disaster relief, public health, and social service agencies to determine the best means for delivery of services to address the needs of covered individuals; (ii) assist in establishing State, local, Tribal, and territorial disaster plans to address the needs of both rural and urban populations; (iii) in carrying out activities under the grant, conduct sufficient outreach to centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (iv) include covered individuals in a meaningful way in the development and execution of activities carried out under the grant; and (v) communicate information on the programs and systems developed under the grant, in accessible formats and languages, including American Sign Language, of the communities being served. (f) Priority In awarding grants for activities described in this section, the Secretary shall give priority to eligible entities that— (1) demonstrate a minimum of 3 years of experience in actively conducting disability inclusive and older adult inclusive disaster management; (2) propose activities to address the preparedness, response, recovery, and mitigation needs of covered individuals; (3) propose activities to address leadership development in State, local, Tribal, and territorial agencies and covered individual advocacy organizations; (4) demonstrate ability to provide training that prevents bias due to disability or age, and that uses experiential approaches and does not rely on simulations; (5) demonstrate expertise concerning the obligation to prevent discrimination against covered individuals on the basis of disability and age in programs and provide activities and specific plans for achieving and maintaining physical access, program access, and effective communication for covered individuals throughout all grant activities; (6) demonstrate that the eligible entity involved will use measurable collaboration and partnership strategies with State, local, Tribal, and territorial agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (7) demonstrate that the eligible entity will use measurable disaster outcomes strategies in carrying out grant activities; (8) demonstrate the ability to quickly create products, such as videos, fact sheets, guidelines, and checklists, to be used in disaster management; (9) employ constituents of the entity in decisionmaking positions; (10) provide disability inclusive and older adult inclusive disaster management leadership skills development; (11) demonstrate awareness of available resources in the community for meeting the preparedness, response, recovery, and mitigation needs of covered individuals; and (12) demonstrate expertise in promoting the use of universal design (as defined in section 3 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )), the philosophy of independent living (within the meaning of that philosophy in title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796 et seq. )), intersectionality imperatives, and the social model of disability. (g) Use of funds (1) In general Grant funds made available under this section shall be used only for activities described in and approved by the Secretary as a part of an application submitted under subsection (e), to carry out— (A) a strategy designed to ensure the inclusion of covered individuals in the preparation (including planning) for, response to, recovery from, and mitigation of disasters; and (B) research to enhance the activities described in subparagraph (A), using not more than 25 percent of the grant funds to carry out that research. (2) Activities Such activities may include initiatives that provide comprehensive training, technical assistance, development of funding sources, and support to State, local, Tribal, and territorial disaster relief, public health, and social service agencies and stakeholder groups, in order to ensure that, in carrying out disaster management planning and programs, the agencies and groups address the inclusion, civil rights, and needs of covered individuals by— (A) hiring personnel with direct knowledge of and experience with meeting the civil rights of covered individuals to be free from discrimination on the basis of disability or age in programs and activities; (B) training staff of State, local, Tribal, and territorial disaster relief, public health, and social service agencies on the needs and civil right of covered individuals, preferably through training by experts who are, collectively, individuals with disabilities and older adults; (C) creating partnerships between eligible entities, State, local, Tribal, and territorial disaster relief, public health, and social service agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (D) assisting in the development and implementation, in partnership with State, local, Tribal, and territorial disaster relief, public health, and social service agencies, of plans that will provide for a continuum of services to remove barriers to full engagement for covered individuals during a disaster and in preparedness (including planning) for, response to, recovery from, and mitigation of a disaster; (E) assisting in the creation of standards and identification of funding sources for rebuilding disaster-damaged housing and new housing that is accessible, affordable, and disaster-resilient; (F) assisting in the creation of standards for homeowner and flood insurance coverage for rebuilding disaster-damaged housing and new housing that is accessible, affordable, and disaster-resilient; (G) establishing universal design and accessibility standards, and establishing specifications for visitability (based on the visitability standards), for achieving and maintaining equal access for covered individuals throughout all hazard mitigation and disaster resilience activities; (H) establishing initiatives to increase new and transferred technology and innovations to solve notification, evacuation, health maintenance, and other barriers for covered individuals before, during, and after disasters; and (I) conducting research, in partnership with covered individuals, that will contribute to knowledge and strategies to— (i) decrease injuries, deaths, and harm to covered individuals; (ii) create inclusive disaster preparedness, recovery, response, and mitigation strategies for State, local, Tribal, and territorial agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (iii) preserve community living options and access to needed services and supports for covered individuals during post-disaster periods; and (iv) conduct longitudinal studies that create and maintain datasets to assist in the understanding of Federal, State, local, Tribal, and territorial policies designed to reduce the negative impact of disasters on covered individuals and protect the civil right of covered individuals to be free from discrimination on the basis of disability or age in programs and activities. (3) Standards and guidelines The Secretary shall establish standards and guidelines for activities supported by a grant under this section. Such standards and guidelines shall be developed with the input of stakeholder groups. In a situation in which a refinement or adaptation of the standards or guidelines is made necessary by a local circumstance, the Secretary shall enter into negotiations with an eligible entity applying for such a grant for a project in the affected area, to refine or adapt the standards and guidelines for the project. (h) Individual rights Notwithstanding any other provision of this section, no entity, agency, or group assisted under this section shall take any action that infringes in any manner on the civil right of covered individuals to be free from discrimination on the basis of disability or age in programs and activities. (i) Reports Not later than January 31 of fiscal years 2024 and 2026, the Secretary shall submit to Congress a report describing the activities carried out under this section during the preceding 2 fiscal years. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. 7. Projects of national significance (a) Definitions In this section: (1) Eligible entity The term eligible entity means an entity or partnership of entities that— (A) submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require; (B) is or includes an institution (which may be an institution of higher education), or a nongovernmental organization, that focuses on— (i) serving the needs of individuals with disabilities; or (ii) serving the needs of older adults; (C) in the case of an entity or partnership with a disability focus, has a cross-disability service focus; (D) has experience in conducting training, technical assistance, and research pertaining to consumer-directed community support services for covered individuals; (E) includes covered individuals in positions of leadership in the planning, management, and operation of the programs of training, technical assistance, and research; (F) has knowledge and experience pertaining to the implementation and enhancement of systemic and effective engagement policies, programs, and activities that promote the inclusion, needs, and civil right of covered individuals in preparation for, response to, recovery from, and mitigation of disasters; and (G) has, or will establish, an advisory council or similar entity, of which at least half of the members are covered individuals. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 6(b). (b) Grants, contracts, and cooperative agreements (1) In general The Secretary shall award grants to, or enter into contracts or cooperative agreements with, eligible entities on a competitive basis to carry out projects of national significance that— (A) create opportunities for individuals with disabilities and older adults to directly contribute to improving preparation for, recovery from, response to, and mitigation of disasters; (B) support the development of State, local, Tribal, and territorial policies that reinforce and promote the inclusion of individuals with disabilities and older adults in Federal, State, local, Tribal, and territorial community preparation for disasters; and (C) support research that— (i) tracks, in the short-term and long-term, the effects of disasters on individuals with disabilities and older adults; (ii) identifies evidence-based practices that enhance inclusion of individuals with disabilities and older adults to participate in and lead preparation for disasters at Federal, State, local, Tribal, and territorial levels; (iii) leads to the creation of strategies and procedures to implement community level practices that decrease deaths, injuries, and harm resulting from disasters to individuals with disabilities and older adults; (iv) contributes to the protection of the civil right of covered individuals with disabilities and older adults to be free from discrimination on the basis of disability or age in programs and activities, and self-determination of those individuals and adults, while also promoting their safety and well-being during and following disasters; (v) contributes to the development of Federal, State, local, Tribal, and territorial policies that enhance collaboration among governmental entities, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals, to improve the inclusion of covered individuals in preparation for, response to, recovery from, and mitigation of disasters; and (vi) contributes to other efforts, as determined by the Secretary, to advance the purposes of this section. (2) Amount, quantity, and duration In awarding grants or entering into contracts or cooperative agreements under this section, the Secretary shall— (A) to the extent practicable, ensure that each such grant, contract, or cooperative agreement is for an amount that is not less than $1,000,000 and not more than $3,000,000; (B) award or enter into not less than 4 grants, contracts, or cooperative agreements; and (C) ensure that each such grant, contract, or cooperative agreement is for a period of not less than 3 years and not more than 5 years. 8. National commission on disability rights and disasters Section 2811C of the Public Health Service Act ( 42 U.S.C. 300hh–10d ) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking 17 members and inserting 44 members ; (B) in paragraph (2), by adding at the end the following: (N) 11 members, representing the disability community and reflecting the diverse characteristics of its members, who shall— (i) represent individuals with disabilities with a wide variety of disaster experiences, including cross-disability representation; (ii) be geographically diverse; (iii) be ethnically and racially diverse; (iv) be of diverse ages, and include older adults; (v) represent both genders, and include members that represent a variety of sexual orientations and gender identities; (vi) include veterans; and (vii) be linguistically diverse; (O) 1 representative from each of— (i) a coastal State emergency management agency with an employee in a position with established duties relating to integration of individuals with disabilities or to addressing access and functional needs; (ii) a noncoastal State emergency management agency with an employee in a position described in clause (i); (iii) a Tribal emergency management agency with an employee in a position described in clause (i); (iv) a territorial emergency management agency with an employee in a position described in clause (i); (v) a nongovernmental organization providing disaster preparedness and response services; (vi) a local urban disaster management entity, which representative has disability inclusive emergency management experience; (vii) a local rural disaster management entity, which representative has disability inclusive emergency management experience; (viii) a local disability organization with a cross-disability focus; (ix) a State disability organization with a cross-disability focus; (x) a national disability organization with a cross-disability focus; (xi) a national older adults organization; (xii) the Council of the Inspectors General on Integrity and Efficiency; (xiii) a low-income housing organization, who has expertise in the civil rights of disaster-affected covered individuals; and (xiv) a representative of a legal services agency with expertise in the civil rights of disaster-affected covered individuals; (P) the Secretary of Transportation; (Q) the Director of Disability Policy for the Domestic Policy Council. ; and (C) by adding at the end the following: (3) Definitions In this section, the terms access and functional needs , civil rights , covered individual , disability inclusive emergency management experience , disaster , individuals with disabilities , older adult , and State have the meanings given the terms in section 4 of the REAADI for Disasters Act . ; (2) by redesignating subsection (g) as subsection (h); (3) by inserting after subsection (f) the following: (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2022 through 2025. ; and (4) in subsection (h), as so redesignated— (A) in paragraph (1), by striking on September 30, 2023 and inserting 3 years after the date of enactment of the REAADI for Disasters Act ; and (B) in paragraph (2), by striking October 1, 2022 and inserting 2 years after the date of enactment of the REAADI for Disasters Act . 9. Review of settlement agreements related to disasters and individuals with disabilities and older adults (a) Definitions In this section: (1) Chief of the disability rights section The term Chief of the Disability Rights Section means the Chief of the Disability Rights Section of the Civil Rights Division of the Department of Justice. (2) Committee The term Committee means the Disability and Disaster Preparedness Advisory Committee established under subsection (b). (3) Covered committee of congress The term covered committee of Congress means— (A) the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives. (4) Covered settlement agreement The term covered settlement agreement means a settlement agreement— (A) entered into by the United States during the period beginning on January 1, 2005, and ending on the first December 31 after the date of enactment of this Act; and (B) that relates to a potential violation of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) in connection with the preparation for, response to, recovery from, or mitigation of a disaster. (b) Establishment of committee There is established an advisory committee, to be known as the Disability and Disaster Preparedness Advisory Committee to review covered settlement agreements. (c) Membership (1) In general Not later than 60 days after the date of enactment of this Act, the Attorney General shall appoint the members of the Committee, which shall include— (A) employees of the Department of Justice; and (B) not less than 3 disability rights advocates who— (i) are not employees of the Federal Government; (ii) are individuals with disabilities; and (iii) have disability inclusive emergency management experience. (2) Period of appointment; vacancies (A) In general A member of the Committee shall be appointed for the life of the Committee. (B) Vacancies Any vacancy in the Committee— (i) shall not affect the powers of the Committee; and (ii) shall be filled in the same manner as the original appointment. (3) Chairperson and vice chairperson The members of the Committee shall elect a Chairperson and a Vice Chairperson from among the members, not less than 1 of whom shall be a member appointed under paragraph (1)(B). (4) Meetings (A) In general The Committee shall meet at the call of the Chairperson. (B) Quorum A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (d) Duties The Committee shall— (1) conduct a review of each covered settlement agreement; (2) review annual reports and recommendations provided to each covered committee of Congress relating to addressing the needs of covered individuals in the preparation for, response to, recovery from, or mitigation of a disaster; (3) not later than 1 year after the date of enactment of this Act, submit a report containing the findings and recommendations of the Committee to— (A) each covered committee of Congress; (B) any other entity of Congress with jurisdiction over matters relating to addressing the needs of covered individuals in the preparation for, response to, recovery from, or mitigation of a disaster; (C) the Attorney General; (D) the Secretary of Education; (E) the Secretary of Homeland Security; (F) the Secretary of Health and Human Services; (G) the Secretary of Transportation; and (H) the President, through the Director of Disability Policy for the Domestic Policy Council; and (4) provide the comments and recommendations described in section 10(b)(2). (e) Powers of committee (1) Hearings The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this section. (2) Information from Federal agencies (A) In general The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section. (B) Furnishing information On request of the Chairperson of the Committee, the head of the department or agency shall furnish the information to the Committee. (C) Disability rights section The Chief of the Disability Rights Section shall submit to the Committee a report on the oversight of covered settlement agreements a sufficient period of time before the date specified in subsection (d)(3) to allow the Committee to review the report and include the report of the Chief of the Disability Rights Section in the report of the Committee under subsection (d)(3). (3) Postal services The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Committee personnel matters (1) Compensation of members (A) In general A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (B) Federal members A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Travel expenses A member of the Committee 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 home or regular places of business in the performance of services for the Committee. (3) Staff (A) In general The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (4) Detail of government employees Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) Termination of committee The Committee shall terminate 90 days after the date on which the Committee submits the report required under subsection (d)(3). (h) Reports by disability rights section On and after the date on which the Committee submits the report required under subsection (d)(3), the Chief of the Disability Rights Section shall publish an annual report on the oversight of settlement agreements relating to disaster preparation, response, recovery, and mitigation activities. 10. GAO report on past use of disaster funds (a) Investigation Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall begin to conduct an investigation of whether, on or after January 1, 2005, Federal agencies have complied with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), in expending Federal funds to prepare for, respond to, recover from, or mitigate disasters, including whether and, if so, how such funds were used to ensure accessibility to services and supports for individuals with disabilities and older adults. (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall, in accordance with paragraph (2), issue a report on the investigation conducted under subsection (a), along with recommendations for remediation of any misexpenditures identified. (2) Review (A) In general Prior to issuing the report under paragraph (1), the Comptroller General shall obtain comments and recommendations on a draft version of the report, including the recommendations described in subparagraph (B), from the National Advisory Committee on Individuals with Disabilities and Disasters established under section 2811C of the Public Health Service Act ( 42 U.S.C. 300hh–10d ) and the Disability and Disaster Preparedness Advisory Committee established under section 9(b) (referred to in this paragraph as the Committees ), and any other agency determined appropriate by the Secretary. (B) Committee recommendations on additional sources The recommendations obtained under subparagraph (A) shall include recommendations from the Committees regarding additional sources the Comptroller General may interview for purposes of the investigation under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2658is/xml/BILLS-117s2658is.xml |
117-s-2659 | II 117th CONGRESS 1st Session S. 2659 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the establishment of an advanced energy technology research initiative and an advanced energy technology and modeling grant program, and for other purposes.
1. Short title This Act may be cited as the Advanced Energy Technologies and Grid Efficiency Act of 2021 . 2. Definitions In this Act: (1) Advanced energy technology The term advanced energy technology means any energy generation, monitoring or modifying transmission loading, or storage technology with zero or minimal greenhouse gas emissions that is connected— (A) to the distribution system; (B) to the transmission system; or (C) behind the meter. (2) Advisory Committee The term Advisory Committee means the advisory committee established under section 3(a)(2)(A). (3) Commission The term Commission means the Federal Energy Regulatory Commission. (4) Electric utility The term electric utility has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (5) Grid operator The term grid operator means— (A) a Transmission Organization, including— (i) an Independent System Operator; and (ii) a Regional Transmission Organization; (B) a public utility; and (C) an electric utility. (6) Independent System Operator The term Independent System Operator has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (7) Initiative The term Initiative means the Advanced Energy Technology Research Initiative established under section 3(a)(1). (8) Public utility The term public utility has the meaning given the term in section 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) ). (9) Regional Transmission Organization The term Regional Transmission Organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). (10) Secretary The term Secretary means the Secretary of Energy. (11) Transmission Organization The term Transmission Organization has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). 3. Power System modeling reform and updates to grid services and grid operator software (a) Advanced energy technology research initiative (1) In general Not later than 90 days after the date of enactment of this Act, the Commission, in coordination with the Secretary, shall establish within the Office of Energy Policy and Innovation of the Commission an initiative, to be known as the Advanced Energy Technology Research Initiative , to research and provide recommendations on how to improve the modeling, operational, and planning practices used for the bulk electric system. (2) Advisory committee (A) In general Not later than 180 days after the date of enactment of this Act, the Commission, in coordination with the Secretary, shall establish an advisory committee to research, report on, and provide recommendations on matters relating to the Initiative, including— (i) whether the existing modeling (including power flow modeling) and long-term and short-term planning practices used by grid operators for power systems, including power markets, adequately incorporate expected integration with respect to advanced energy technologies; (ii) whether the methods used to determine future transmission and capacity needs and make reliability-related determinations use the right data to adequately forecast and model the integration of advanced energy technology into electric power systems; (iii) whether the modeling and planning practices described in clause (i) and the methods described in clause (ii) need to be updated to better account for the integration of advanced energy technology into electric power systems; (iv) any undue barriers to the adoption of advanced energy technology presented by— (I) existing modeling, operational, and planning practices; and (II) State estimation tools for planning and reliability; (v) any need to develop emerging technologies or software for use in improving modeling, planning, and operations in wholesale electricity markets to resolve computational or technical barriers to the adoption of advanced energy technology, including software relating to— (I) the use of big data, artificial intelligence, and probabilistic methods to predict, in near-real-time— (aa) energy generation from variable and distributed resources; (bb) load profiles; and (cc) consumption and congestion; and (II) the use of artificial intelligence to improve the responsiveness of energy system operations; (vi) whether existing and future grid reliability service definitions and the modeling techniques, operational processes, and planning processes used to procure grid reliability services— (I) appropriately account for the technical and operational characteristics of advanced energy technologies; (II) allow for the use of those advanced energy technologies to provide grid reliability services when cost-effective to do so; and (III) include appropriate cybersecurity safeguards; and (vii) any rulemaking, technical conference, or policy statement that, in the determination of the Advisory Committee, the Commission should consider. (B) Composition The Advisory Committee shall consist of— (i) not fewer than 1 representative from each of— (I) the Commission; (II) the Department of Energy; (III) the Electric Reliability Organization (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )); (IV) an Independent System Operator or a Regional Transmission Organization; (V) an entity generating electric power that is not affiliated with a transmission-owning public or nonpublic utility; (VI) an entity generating electric power that provides power directly to wholesale or retail customers and is not affiliated with a transmission-owning public or nonpublic utility; (VII) an environmental organization with expertise on the bulk electric system; and (VIII) an institution of higher education with expertise on the bulk electric system; (ii) not fewer than 2 designees of the National Association of Regulatory Utility Commissioners; (iii) not fewer than 4 representatives from public utilities or electric utilities, regardless of whether the utility is in an area serviced by an Independent System Operator or a Regional Transmission Organization; and (iv) not fewer than 2 representatives from private and nonprofit associations with expertise in the development, deployment, and use of advanced energy technologies. (C) Reports Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter for 10 years, the Advisory Committee shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the Initiative, including the findings or recommendations of the Advisory Committee with respect to the matters described in clauses (i) through (vii) of subparagraph (A). (b) A dvanced E nergy T echnology and G rid S ervices P rogram (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a competitive financial assistance program, to be known as the Advanced Energy Technology and Grid Services Program , under which the Secretary shall enter into Federal financial assistance agreements with eligible entities described in paragraph (2) for the purpose of increasing the market penetration of advanced energy technology through advanced research and development and pilot demonstrations of— (A) software upgrades, including upgrades to the software platforms used to operate wholesale energy markets; (B) updated power system planning; (C) new power system (including power market) modeling platforms; (D) cybersecurity and physical security upgrades; and (E) resilience upgrades. (2) Eligible entities described An eligible entity referred to in paragraph (1) is— (A) a grid operator; (B) a State public utility commission; (C) an energy cooperative; (D) a municipality; (E) an electric utility; (F) a gas utility; or (G) a State energy office. (3) Eligible activities The Secretary may enter into a financial assistance agreement under this subsection for— (A) software upgrades by grid operators; (B) new power system (including power market) modeling platforms; (C) enhancements to cybersecurity safeguards; or (D) updated power system (including power market) planning, updated power system (including power market) modeling, or updated reliability planning and modeling by grid operators. (4) Cost sharing In awarding Federal financial assistance (including grants, loans, and any other form of financial assistance) to fund eligible activities under this subsection, the Secretary shall require cost sharing in accordance with section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ). (5) Coordination In carrying out the Advanced Energy Technology and Grid Services Program established under this subsection, the Secretary, to the maximum extent practicable, shall coordinate with existing programs of the Department of Energy that focus on grid modernization efforts. 4. Advanced energy and grid efficiency studies and report (a) Studies (1) Advanced energy study The Secretary, in coordination with the Commission, shall carry out a study of the costs and benefits to consumers of updating power system planning, modeling, and operational practices, including reliability-related planning, and energy market participation rules on advanced energy technologies and resources, including distributed energy technologies and resources, such as— (A) energy storage technologies; (B) energy efficiency and transmission efficiency technologies; (C) distributed solar and wind energy generation; (D) fuel cells; (E) smart thermostats and smart building technologies; (F) demand response technologies, including natural gas demand response technologies; (G) advanced metering technologies; (H) electric vehicles and electric vehicle charging infrastructure; (I) any aggregation of the distributed energy technologies and resources described in subparagraph (A) or (C); and (J) any other advanced energy technologies, as determined by the Secretary. (2) Grid efficiency study (A) In general The Secretary, in coordination with the Commission, shall carry out a study of the barriers and opportunities for advanced energy technologies that provide increased, more efficient, or more effective delivery over the existing transmission network. (B) Requirements The study under subparagraph (A) shall include— (i) an examination of— (I) the reliability, resilience, and economic benefits of technologies such as power flow control, topology optimization, and dynamic line ratings; (II) the costs, benefits, and challenges associated with deployment of the advanced energy technologies described in subparagraph (A); and (III) the impact of grid efficiency improvements on wholesale and retail electricity rates; and (ii) an analysis of the benefits of performance-based financial and regulatory incentives in the deployment of advanced energy technologies relative to the cost-of-service of those advanced energy technologies, as determined by the Secretary. (b) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the studies under paragraphs (1) and (2) of subsection (a). 5. Interconnection processes and transmission upgrades (a) Priority of financial assistance (1) In general The Secretary shall use the existing grant funding provided through relevant funding streams and programs of the Office of Electricity of the Department of Energy— (A) to give priority to transmission and distribution utilities seeking to conduct pilot programs aimed at integrating advanced energy technologies into the bulk electric system; and (B) to focus on escalating demand for advanced energy technology interconnections. (2) Requirement In carrying out paragraph (1), the Secretary shall develop the design of and method for carrying out any funding opportunities identified pursuant to that paragraph. (b) Transmission planning and siting (1) Independent report The Commission shall offer to enter into an agreement with the National Academy of Sciences to prepare a report on whether— (A) existing regional and interregional transmission planning and siting processes are effectively supporting State resource planning objectives; and (B) Federal regulators have the tools to effectively regulate the planning and siting of interregional transmission lines. (2) Requirements The report under paragraph (1) shall examine whether— (A) there are deficiencies in transmission planning and siting that affect resource development for— (i) interregional and regional energy generation; (ii) interconnection queues; and (iii) advanced energy technologies; (B) the Commission has the programmatic and regulatory structure necessary to facilitate continued improvements in transmission planning, including planning with respect to transmission— (i) across the boundaries of Independent System Operators and Regional Transmission Organizations; and (ii) across boundaries that are not associated with Independent System Operators or Regional Transmission Organizations; (C) State resource planning requirements are addressed in existing transmission planning processes; (D) the Commission lacks tools with respect to the siting of transmission lines that could help States improve transmission planning to meet State resource planning objectives; and (E) there are barriers to the inclusion and integration in the grid of any technology— (i) to reduce transmission losses; (ii) to improve the efficiency of the transmission and distribution systems; (iii) that is connected to the distribution system and may— (I) increase reliability or resilience; and (II) avoid transmission and distribution system costs; and (iv) to better understand the role of Federal regulators in the siting of technologies not directly connected to the grid. (3) Deadline The report under paragraph (1) shall be submitted to the Commission, the Secretary, and the relevant committees of Congress not later than 1 year after the date of enactment of this Act. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to provide grants through relevant programs of the Office of Electricity of the Department of Energy, in accordance with subparagraphs (A) and (B) of subsection (a)(1), $50,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s2659is/xml/BILLS-117s2659is.xml |
117-s-2660 | II 117th CONGRESS 1st Session S. 2660 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Markey (for himself, Ms. Smith , Mr. Leahy , Mr. Booker , Mr. Van Hollen , Mr. Sanders , Mr. Blumenthal , Ms. Warren , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to authorize grants for toxic substances remediation in schools, to reauthorize healthy high-performance schools, and for other purposes.
1. Short title This Act may be cited as the Get Toxic Substances Out of Schools Act of 2021 . 2. Grants for toxic substances remediation in schools (a) In general Section 28 of the Toxic Substances Control Act ( 15 U.S.C. 2627 ) is amended— (1) in the section heading, by inserting and Tribal after State ; (2) in subsection (a)— (A) by striking the subsection heading and inserting Grants for State and Tribal programs .— ; (B) in the first sentence— (i) by inserting and Indian Tribes after grants to States ; and (ii) by inserting during the 24-month period beginning on the date on which the grant is made after elimination ; and (C) in the second sentence, by inserting or Tribal after State ; (3) in subsection (b)(1)— (A) by striking subsection (a) each place it appears and inserting subsection (b) or (d) ; and (B) in subparagraph (B), by inserting or Indian Tribe after State ; (4) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; (5) by inserting before subsection (b) (as so redesignated) the following: (a) Definition of Indian Tribe In this section, the term Indian Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village. ; and (6) by adding at the end the following: (d) Grants for toxic substances remediation in schools (1) Definitions In this subsection: (A) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (B) Eligible child care provider The term eligible child care provider means a center-based child care provider described in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(6)(A) ). (C) Eligible facility The term eligible facility means— (i) a public school facility operated by a local educational agency; (ii) a facility operated by an early childhood education program; and (iii) a center-based child care facility operated by an eligible child care provider. (D) Environmental concern (i) In general The term environmental concern means environmental problems, contaminants, hazardous substances, and pollutant emissions, as described in section 504(a)(3)(A). (ii) Inclusion The term environmental concern includes poor indoor air quality. (E) Local educational agency; State educational agency The terms local educational agency and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Authorization of grants (A) In general Without regard to the ability or likelihood of the Administrator to take action under any other provision of this Act as described in subsection (b), the Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services and in partnership with the Secretary of Labor with respect to the enforcement of applicable labor standards, may provide grants in accordance with this subsection to States and Indian Tribes for the purpose of identifying, preventing, or eliminating risks associated with the presence of a chemical substance or mixture in eligible facilities. (B) Use of grants A State or Indian Tribe that receives a grant under this subsection shall use the grant funds directly, or provide the grant funds to a local educational agency, for use in— (i) performing inspections, testing, and monitoring for environmental concerns in eligible facilities, including high-hazard chemical products stored or used in the facilities for maintenance or instruction; and (ii) carrying out remediation measures in the eligible facilities, including removal and disposal of environmental concerns and high-hazard chemical products described in clause (i), and improving indoor air quality. (C) National guidance The Administrator shall allocate and award grant funds under this subsection to States and Indian Tribes based on national guidance, which the Administrator shall issue. (D) Administrative reservation (i) In general Subject to clause (ii), the Administrator may reserve not more than 4 percent of the amounts made available for grants under this subsection to provide administrative support for the grants and technical assistance to States and Indian Tribes. (ii) Higher percentage If the amounts made available to provide grants under this subsection are less than $500,000,000, then the Administrator may reserve more than 4 percent of those amounts to provide administrative support for grants and technical assistance to States and Indian Tribes, as determined necessary by the Administrator. (E) Distribution of grant amounts (i) Geographical distribution To the extent practicable, the Administrator shall ensure that amounts are distributed under this subsection to geographically diverse locations. (ii) High-poverty schools The Administrator shall take measures to ensure that not less than 50 percent of the amounts distributed under this subsection are used to benefit local educational agencies, early childhood education programs, and eligible child care providers with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ). (iii) Tribal set-aside Of the amount made available to provide grants under this subsection for a fiscal year, the Administrator shall reserve 3 percent for purposes of awarding grants under this subsection, in consultation with the Director of the Bureau of Indian Education, to Indian Tribes for use at tribally operated schools. (3) State plans As part of an application to receive a grant under this subsection, a State shall include a description of the means by which the State plans— (A) to ensure coordinated programmatic and funding efforts across relevant State-level agencies, including State educational agencies and other agencies with expertise in environment, health, and energy; (B) to use the grant funds for the remediation of any toxic substances in— (i) eligible facilities; and (ii) if applicable, educational facilities where juveniles are incarcerated or live as wards of the State; (C) to ensure the health and safety of students and staff during the renovation or modernization of eligible facilities; and (D) to give priority to using the grant funds to improve— (i) eligible facilities of local educational agencies, early childhood education programs, and eligible child care providers with— (I) the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ) in each State; or (II) if applicable, majority Indigenous students; and (ii) eligible facilities that are in areas— (I) adjacent to brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )); or (II) with poor outdoor air quality. (4) Project labor agreements (A) Definition of project labor agreement In this paragraph, the term project labor agreement means a pre-hire collective bargaining agreement with 1 or more labor organizations that— (i) establishes the terms and conditions of employment for a specific construction project; and (ii) is an agreement described in section 8(f) of the National Labor Relations Act ( 29 U.S.C. 158(f) ). (B) Requirement A contractor or subcontractor engaging in a construction or remediation project assisted in whole or in part with a grant provided to a State under this subsection and the total cost of which is not less than $25,000,000 shall negotiate or become a party to a project labor agreement for that project with 1 or more labor organizations. (5) Wage rate requirements (A) In general Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded in whole or in part by a grant provided to a State under this subsection shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ). (B) Authority With respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (6) Occupational health and safety Any work performed using a grant provided to a State under this subsection shall be governed by a written job-specific abatement plan— (A) containing provisions relating to— (i) environmental compliance; (ii) a health and safety plan; and (iii) health and safety training requirements; and (B) that is stamped by a certified industrial hygienist or similar accredited occupational health and safety professional. (7) Use of American iron, steel, and manufactured products (A) Definitions In this paragraph: (i) Manufactured product The term manufactured product means any construction material or end product (as those terms are defined in part 25.003 of the Federal Acquisition Regulation) that is not an iron or steel product, including— (I) electrical components; and (II) non-ferrous building materials, including aluminum, polyvinylchloride, glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. (ii) Produced in the United States The term produced in the United States means the following: (I) When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of that product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product. (II) When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for those iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include— (aa) steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; or (bb) steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin. (B) Requirements A State that receives funds under this subsection shall ensure that any iron, steel, and manufactured products used in a project carried out with those funds by a State or local educational agency are produced in the United States. (C) Waiver authority (i) In general The Administrator may waive the requirement under subparagraph (B) if the Administrator determines that— (I) applying the requirement would be inconsistent with the public interest; (II) iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available quantity or are not of a satisfactory quality; or (III) using iron, steel, and manufactured products produced in the United States will increase the cost of the applicable overall project by more than 25 percent. (ii) Publication Before issuing a waiver under clause (i), the Administrator shall publish in the Federal Register a detailed written explanation of the waiver determination. (D) Consistency with international agreements This paragraph shall be applied in a manner consistent with the obligations of the United States under international agreements. (8) Workforce development (A) Definitions In this paragraph: (i) Apprenticeship utilization requirement The term apprenticeship utilization requirement means the use of qualified apprentices in accordance with the following: (I) In the case of a project advertised for bid during the period beginning on October 1, 2021, and ending on September 30, 2022, all specifications shall require that not less than 10 percent of the labor hours be performed by qualified apprentices. (II) In the case of a project advertised for bid during the period beginning on October 1, 2022, and ending on September 30, 2023, all specifications shall require that not less than 12 percent of the labor hours be performed by qualified apprentices. (III) In the case of a project advertised for bid on or after October 1, 2023, all specifications shall require that not less than 15 percent of the labor hours be performed by qualified apprentices. (ii) Contractor The term contractor means a general contractor or other lead or prime contractor on a construction project carried out using a grant under this subsection. (iii) Labor hours (I) In general The term labor hours means the total number of hours devoted to the performance of construction activities (as defined in sector 23 of the North American Industry Classification System) with respect to a construction project carried out using a grant under this subsection by employees of the contractor and subcontractors. (II) Exclusions The term labor hours excludes hours worked by a foreman, superintendent, owner, or other person who is— (aa) an employee employed in a bona fide executive capacity (as defined in section 541.100 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); (bb) an employee employed in a bona fide administrative capacity (as defined in section 541.200 of that title); or (cc) an employee employed in a bona fide professional capacity (as defined in section 541.300 of that title). (iv) Qualified apprentice The term qualified apprentice means an employee participating in a registered apprenticeship program (as defined under the Act of August 16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) (commonly known as the National Apprenticeship Act )), that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations (or successor regulations). (v) Subcontractor The term subcontractor means any person or company, at any tier, that performs some or all of the obligations of the contractor. (B) Requirement Each contractor and subcontractor engaged in the performance of construction, alteration, or repair work on a project funded in whole or in part by a grant under this subsection shall, collectively, meet or exceed the apprenticeship utilization requirement applicable to the project, subject to the condition that the apprenticeship utilization requirement shall comply with the apprentice to journeyworker ratios established by the Secretary of Labor or the applicable State apprenticeship agency. (C) Participation Each contractor and subcontractor who employs 4 or more workers to perform construction activities (as defined in sector 23 of the North American Industry Classification System) on a project funded in whole or in part by a grant under this subsection shall employ 1 or more qualified apprentices for the purpose of meeting the apprenticeship utilization requirement applicable to that project. (D) Waivers (i) In general The Secretary of Labor, in consultation with the Administrator, may, on request of a State that receives a grant under this subsection, waive or adjust any requirements of subparagraphs (B) and (C) for a specific project, if the State provides documentary evidence of— (I) a demonstrated lack of availability of qualified apprentices in the applicable geographic area in which the project is carried out; and (II) a good faith effort on the part of the State and the contractor and subcontractors carrying out the project to comply with the requirements. (ii) Disclosure A waiver or an adjustment under clause (i) and the rationale of the Administrator for granting the waiver or adjustment— (I) shall be publicly available; and (II) shall not be exempt from disclosure under section 552(b) of title 5, United States Code. (E) Reporting (i) Information relating to qualified apprentices (I) In general During the period in which a project carried out using a grant under this subsection is ongoing, the contractor shall include with each payment application to the State a report containing a description of— (aa) the name and apprentice registration or identification number of each qualified apprentice employed on the project; (bb) the number of qualified apprentices and labor hours worked by those qualified apprentices on the project, categorized by trade or craft; and (cc) the number of journey level workers and labor hours worked by those journey level workers on the project, categorized by trade or craft. (II) Submission to Secretary of Labor and Administrator Each report described in subclause (I) shall be submitted to the Secretary of Labor and the Administrator at such time and in such manner as the Secretary of Labor or the Administrator may prescribe by guidance. (ii) Maintenance of reports and records A State that receives a grant under this subsection and each contractor and subcontractor carrying out a project using the grant shall maintain all reports and personnel records relating to the requirements of this paragraph for a period of at least 3 years after final completion of the work for the project. (iii) Submission to Administrator (I) In general A State that receives a grant under this subsection and each contractor and subcontractor carrying out a project using the grant shall immediately submit, on request of the Administrator, any information, report, or record described in clauses (i) and (ii). (II) Enforcement If the Administrator determines that a State, contractor, or subcontractor has failed to submit any information, report, or record under subclause (I), the State shall repay to the Administrator the amount of the applicable grant under this subsection. (F) Preemption Nothing in this paragraph preempts any applicable State or local law or policy that provides for additional skilled and trained workforce requirements on construction projects. (9) Federal share (A) In general Subject to subparagraph (B), the Federal share of the cost of activities funded by a grant under this subsection shall be not more than 75 percent of the total project costs during the period for which the grant is made. (B) Waiver The Administrator may increase the Federal share under subparagraph (A) to not more than 100 percent if the Administrator determines that a recipient of the grant funds is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. (10) Eligibility for performance partnership grants Funds awarded under this subsection may be included in a performance partnership grant in lieu of a grant under this subsection, as the Administrator determines to be appropriate. (11) Grantee data collection and reporting A State or Indian Tribe that receives a grant under this subsection shall submit to the Administrator an annual report describing— (A) the amount of the grant funds that were used for the activities described in clauses (i) and (ii) of paragraph (2)(B) during the previous year; (B) the amount of the grant funds that were used for projects at high-poverty schools; and (C) any inspections, testing, and monitoring performed, and remediation measures carried out, during the previous year using the grant, including the number of schools and the number of students that were directly served. (12) Reports (A) In general Not later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Administrator shall— (i) prepare a report, based on data submitted to the Administrator under paragraph (11), describing the results of the grant program under this subsection, including a description of— (I) the States and Indian Tribes that were awarded a grant under this subsection; and (II) the activities for which the States and Indian Tribes described in subclause (I) used the grant; (ii) submit the report to— (I) the Committee on Environment and Public Works of the Senate; (II) the Committee on Health, Education, Labor, and Pensions of the Senate; (III) the Committee on Energy and Commerce of the House of Representatives; and (IV) the Committee on Education and Labor of the House of Representatives; and (iii) make the report publicly available on the website of the Environmental Protection Agency in each major language spoken in each school district that has benefitted from grant funding under this subsection. (B) Period covered A report prepared under subparagraph (A) shall cover— (i) in the case of the initial report, the period beginning on the date of enactment of this subsection and ending on the date of submission of the report; and (ii) in the case of each report thereafter, the 2-year period preceding the date of submission of the report. (13) Savings clause The ability of an Indian Tribe to receive a grant under this subsection does not limit or affect the authority of the Administrator under this title to establish other opportunities for Indian Tribes to apply for and receive program authorization or funding. (14) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,200,000,000 for each of fiscal years 2022 through 2032. . (b) Clerical amendment The table of contents for the Toxic Substances Control Act ( Public Law 94–469 ; 90 Stat. 2003) is amended by striking the item relating to section 28 and inserting the following: Sec. 28. State and Tribal programs. . 3. Reauthorization of healthy high-performance schools (a) Grants for healthy school environments Section 501 of the Toxic Substances Control Act ( 15 U.S.C. 2695 ) is amended to read as follows: 501. Grants for healthy school environments (a) Definitions In this section: (1) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (2) Eligible child care provider The term eligible child care provider means a center-based child care provider described in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n(6)(A) ). (3) Eligible facility The term eligible facility means— (A) a public school facility operated by a local educational agency; (B) a facility operated by an early childhood education program; and (C) a center-based child care facility operated by an eligible child care provider. (4) Environmental concern (A) In general The term environmental concern means environmental problems, contaminants, hazardous substances, and pollutant emissions, as described in section 504(a)(3)(A). (B) Inclusion The term environmental concern includes poor indoor air quality. (5) Indian Tribe The term Indian Tribe has the meaning given the term in section 28(a). (6) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Authorization of grants The Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services, may provide grants to States and Indian Tribes for use in— (1) providing technical assistance to local educational agencies, early childhood education programs, and eligible child care providers in addressing environmental concerns in eligible facilities; and (2) the development of State and Tribal programs to support the remediation of toxic substances in eligible facilities that include— (A) standards for the planning, design, construction, management, and renovation of the eligible facilities; (B) the identification of— (i) ongoing environmental problems, including environmental concerns, in the eligible facilities; and (ii) recommended solutions to address those problems, including assessment of information on the exposure of children to environmental hazards in eligible facilities; and (C) the development of State-level or Tribal interagency memoranda of understanding for the implementation of programs described in this paragraph. (c) Savings clause The ability of an Indian Tribe to receive a grant under this section does not limit or affect the authority of the Administrator under this title to establish other opportunities for Indian Tribes to apply for and receive program authorization or funding. . (b) Public outreach Section 503 of the Toxic Substances Control Act ( 15 U.S.C. 2695b ) is amended— (1) in subsection (a), by striking , until the expiration of authority described in section 501(b) ; and (2) by adding at the end the following: (c) Outreach to States and Indian Tribes (1) Definitions In this section, the terms eligible facility , environmental concern , and Indian Tribe have the meanings given those terms in section 501(a). (2) Outreach The Administrator shall— (A) carry out periodic outreach to States and Indian Tribes to make available information relating to— (i) the exposure of children to environmental hazards in eligible facilities; (ii) regulations and guidelines applicable to identifying, remediating, and monitoring environmental hazards in eligible facilities; and (iii) other materials that may assist States and Indian Tribes in addressing environmental concerns, including high-hazard chemical products stored or used by eligible facilities for maintenance or instruction; and (B) facilitate the biannual convening at the regional or national level of school stakeholders, including parents, child health experts, researchers, nonprofit organizations, child care providers, States, and Indian Tribes that receive grants under sections 28(d) and 501 to meet with employees of the Environmental Protection Agency and other Federal agencies to discuss topics relating to— (i) the environmental health of children at eligible facilities; and (ii) the prevention, identification, remediation, and monitoring of contaminants in indoor air and other environmental health risks and threats relating to buildings and grounds of eligible facilities. . (c) Environmental health program Section 504 of the Toxic Substances Control Act ( 15 U.S.C. 2695c ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting and not less frequently than once every 10 years thereafter, after section, ; (B) in paragraph (3)(A)— (i) by redesignating clauses (v) through (vii) as clauses (vii) through (ix), respectively; and (ii) by inserting after clause (iv) the following: (v) polychlorinated biphenyls; (vi) perfluoroalkyl and polyfluoroalkyl substances; ; (C) in paragraph (6), by striking and at the end; (D) in paragraph (7), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (8) provides technical assistance on best practices for the removal, remediation, and disposal of lead, asbestos, polychlorinated biphenyls, and other hazardous substances; and (9) collects an inventory of schools affected by lead, asbestos, polychlorinated biphenyls, and other hazardous substances. ; and (2) by striking subsection (b) and inserting the following: (b) Public availability of information To the maximum extent practicable, based on data submitted to the Administrator under section 28(d)(11) and any additional data reported under section 503(a), the Administrator shall make publicly available— (1) information relating to the exposure of children to environmental hazards in school facilities, including relating to indoor air quality; and (2) an inventory of schools in which hazardous substances have been found, particularly hazardous substances with the highest prevalence and harm, such as lead, asbestos, and polychlorinated biphenyls. . (d) Authorization of appropriations Section 505 of the Toxic Substances Control Act ( 15 U.S.C. 2695d ) is amended by striking There are authorized and all that follows through 2013 and inserting There is authorized to be appropriated to carry out this title $10,000,000 for each of fiscal years 2022 through 2032 . | https://www.govinfo.gov/content/pkg/BILLS-117s2660is/xml/BILLS-117s2660is.xml |
117-s-2661 | II 117th CONGRESS 1st Session S. 2661 IN THE SENATE OF THE UNITED STATES August 5, 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 amend the Clean Air Act to establish a grant program for supporting local communities in detecting, preparing for, communicating about, or mitigating the environmental and public health impacts of wildfire smoke, and for other purposes.
1. Short title This Act may be cited as the Smoke-Ready Communities Act of 2021 . 2. Smoke-ready communities Part A of title I of the Clean Air Act ( 42 U.S.C. 7401 et seq. ) is amended by adding at the end the following: 132. Smoke-ready communities (a) Establishment Subject to the availability of appropriations, the Administrator may make grants under this section to air pollution control agencies to support air pollution control agencies in developing and implementing programs that support local communities in detecting, preparing for, communicating with the public about, or mitigating the environmental and public health aspects of wildfire smoke. (b) Eligible activities In carrying out a program described in subsection (a), an air pollution control agency may use funds from a grant received under this section for— (1) activities related to the monitoring of, the interpretation of, and communicating with the public about data related to ambient air quality conditions that are caused by wildfire smoke; (2) conducting community outreach in areas that are prone to poor air quality that is attributable to elevated levels of particulate matter and other harmful components of wildfire smoke; (3) the deployment of air quality monitoring equipment in a manner that is sufficient to evaluate an increased prevalence of poor air quality that is attributable to elevated levels of particulate matter and other harmful components of wildfire smoke; (4) equipping public buildings with air filtration systems that are capable of removing particulate matter and other harmful components of wildfire smoke from the air so that the public buildings may serve as cleaner air spaces during wildfire smoke events and other poor air quality events; (5) the purchase, storage, and distribution of face masks and personal protective equipment, including N–95 filtering facepiece respirators, portable air filtration systems, and other masks and equipment that are capable of removing particulate matter and other harmful components of wildfire smoke from the air; (6) subgrants or providing other financing to private or other public entities with demonstrated financial need— (A) to acquire protective gear; or (B) to carry out weatherization measures to mitigate air infiltration; and (7) such other activities that the Administrator determines to be necessary to carry out the purposes of this section. (c) Allocation of funds (1) In general Subject to paragraph (2), the Administrator shall establish a formula to distribute grants under this section among air pollution control agencies. (2) Considerations In establishing the formula required under paragraph (1), the Administrator shall consider— (A) the vulnerability of communities within a State to wildfire smoke; and (B) the degree to which a State is prone to poor air quality that is attributable to elevated levels of particulate matter from wildfire smoke. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2661is/xml/BILLS-117s2661is.xml |
117-s-2662 | II 117th CONGRESS 1st Session S. 2662 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Coons (for himself, Ms. Klobuchar , Mr. Van Hollen , Mr. Warnock , Mr. Peters , Mr. Bennet , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish the Industrial Finance Corporation of the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Industrial Finance Corporation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Establishment Sec. 101. Findings. Sec. 102. Establishment of Corporation. Sec. 103. Structure and organization. Sec. 104. Inspector General of the Corporation. TITLE II—Authorities Sec. 201. Authorities relating to provision of support. Sec. 202. Terms and conditions. Sec. 203. Payment of losses. TITLE III—Administrative and general provisions Sec. 301. Operations. Sec. 302. Corporate powers. Sec. 303. Maximum contingent liability. Sec. 304. Corporate funds. TITLE IV—Monitoring, evaluation, and reporting Sec. 401. Establishment of risk and audit committees. Sec. 402. Performance measures, evaluation, and learning. Sec. 403. Annual report. Sec. 404. Publicly available project information. Sec. 405. Engagement with investors. Sec. 406. Notifications by the Corporation. TITLE V—Conditions, restrictions, and prohibitions Sec. 501. Limitations and preferences. Sec. 502. Additionality and avoidance of market distortion. Sec. 503. Prevailing wages. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (2) Board The term Board means the Board of Directors of the Corporation. (3) Corporation The term Corporation means the Industrial Finance Corporation of the United States established under section 102(a). (4) Project The term project means a project or activity supported by the Corporation under title II. I Establishment 101. Findings Congress finds the following: (1) The COVID–19 pandemic exposed long-existing vulnerabilities and harmful concentration in supply chains, as demonstrated by the semiconductor shortage and the reverberating effects of that shortage on the production capabilities of industries within the United States. (2) Vulnerable or concentrated supply chains have harmful implications for the national security of the United States, including by— (A) creating bottlenecks and delays for goods and innovations necessary to military preparedness; (B) increasing economic and political leverage for adversarial nations in international negotiations; and (C) providing leverage for adversarial nations to use their supply chain dominance to exert economic pressure or destabilize the defense capabilities of the United States. (3) To promote the national defense and national security of the United States, the Federal Government must provide investment to ensure that certain goods and innovations are produced in the United States. (4) Vulnerable supply chains also have harmful economic repercussions for the United States, including by— (A) weakening the ability of the United States to lead commercial development of the technological frontier; (B) limiting the availability of financing and investment for businesses in the United States; and (C) causing higher prices for consumers and businesses in the United States. (5) In order for the United States to remain the economic leader of the world, it is critical for the Federal Government to ensure that the United States leads the development, furtherance, and commercialization of the technological frontier through investments in manufacturing and fields and technologies with and without military applications, including— (A) nanotechnology; (B) biotechnology; (C) advanced manufacturing; (D) quantum computing; (E) advanced communications; (F) advanced energy; (G) semiconductors; (H) advanced computing; (I) cybersecurity; (J) artificial intelligence; (K) green manufacturing; and (L) other fields with high potential to contribute to the economic and national security of the United States that may lack sufficient private sector investment. (6) Historically, the Federal Government has used public funds to fill gaps in private sector investment, often without sharing in the potential benefits. When the Federal Government invests in high-risk, high-reward industries, the taxpayers of the United States should share in the potential benefits and not just the risks of the investment. (7) It is in the economic interest of the United States to ensure that resilient supply chains remain economically competitive. Accordingly, it is crucial— (A) for the Federal Government to invest in building and retaining a vibrant manufacturing sector; (B) for the Federal Government to invest in manufacturing and production that leads to good jobs for workers in the United States; and (C) that investments in manufacturers in the United States lead to good jobs for workers in the United States. (8) All too often, excessive short-termism precludes companies in the United States from accessing investment capital. It is in the interest of the Federal Government to ensure that patient capital (or capital with an investment horizon of not less than 7 years) is available to boost supply chains and manufacturing in the United States. Innovative industries, including industries described in, or that produce the products described in, paragraph (5), suffer from limited access to patient capital. 102. Establishment of Corporation (a) In general There is established within the executive branch of the Federal Government the Industrial Finance Corporation of the United States. (b) Wholly owned government corporation Section 9101(3) of title 31, United States Code, is amended by adding at the end the following: (Q) the Industrial Finance Corporation of the United States. . (c) Statement of policy It shall be the policy of the Corporation to— (1) provide support to ensure resilient supply chains in industries that are critical to— (A) the national security of the United States; (B) the economic competitiveness of the United States; and (C) the maintenance of a strong manufacturing base in the United States; (2) provide support to manufacturing in the United States, which is crucial to— (A) growing the economy of the United States; (B) providing good jobs and manufacturing skills training to workers in the United States; and (C) ensuring the economic and national security of the United States; (3) provide support to industries that are critical to ensuring that companies in the United States commercialize products on the technological frontier of production across a wide array of goods and industries, including by helping vital technologies (and products that use those technologies) make the transition from universities and labs to commercial success, including— (A) technologies and products with civilian and military applications, including applications described in section 101(5); and (B) other technologies that enhance the influence of the United States through exportation to other countries; (4) restore the entrepreneurial dynamism of the economy of the United States by supporting the growth of small- and medium-sized businesses with not more than 500 employees— (A) that support, or are capable of supporting, the growth of the industries and products described in paragraph (3) as contractors or customers, especially in sectors such as manufacturing that compete in an international marketplace; (B) with innovative potential to increase the productivity and economic development of the United States; and (C) that are— (i) located in regions of the United States that have historically suffered from low access to capital; or (ii) owned by an individual who is a member of a demographic group that has historically suffered from low access to capital; and (5) provide support to critical industries that are vulnerable to systematic patterns of underinvestment, import competition, and targeted industrial policies from foreign nations, in order to— (A) ensure that those industries preserve and ideally expand production capacity for consumers of those industries; and (B) invest in strategies to promote the deployment of more advanced technologies. (d) Support In providing support under title II, the Corporation shall ensure that the support furthers not less than 1 policy described in subsection (c). 103. Structure and organization (a) Structure of corporation There shall be within the Corporation— (1) a Board of Directors; (2) a Chief Executive Officer, as described in subsection (d); (3) a Deputy Chief Executive Officer, as described in subsection (e); (4) a Chief Risk Officer, as described in subsection (f); (5) a Chief Development Officer, as described in subsection (g); (6) a Chief Technology and Data Officer, as described in subsection (h); and (7) such other officers as the Board may determine. (b) Board of Directors (1) Powers and duties (A) In general Every power of the Corporation shall vest in and be exercised by or under the authority of the Board. (B) Duties The Board— (i) shall perform the functions required to be carried out by the Board under this Act; (ii) may prescribe, amend, and repeal bylaws, rules, regulations, policies, and procedures governing the manner in which the business of the Corporation may be conducted and in which the powers granted to the Corporation by law may be exercised; and (iii) shall develop, in consultation with stakeholders and other interested parties, a publicly available policy with respect to consultations, hearings, and other forms of engagement of the Board in order to provide for meaningful public participation in the activities of the Board. (2) Membership of Board (A) In general The Board shall consist of— (i) the Chief Executive Officer of the Corporation; (ii) the officers described in subparagraph (B); and (iii) 4 other individuals, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Officers described (i) In general The officers described in this subparagraph are the following: (I) The Secretary of the Treasury or a designee of the Secretary. (II) The Administrator of the Small Business Administration or a designee of the Administrator. (III) The Secretary of Commerce or a designee of the Secretary. (IV) The Secretary of Defense or a designee of the Secretary. (V) The Chair of the Board of Governors of the Federal Reserve System or a designee of the Chair. (ii) Requirements for designees A designee under clause (i) shall— (I) be selected from among officers— (aa) appointed by the President, by and with the advice and consent of the Senate; and (bb) with duties relating to the programs of the Corporation; and (II) serve on the Board at the pleasure of the President. (C) Nongovernment members A member of the Board described in subparagraph (A)(iii)— (i) may not be an officer or employee of the Federal Government; (ii) shall have relevant experience to carry out the purpose of the Corporation, which may include experience relating to the private sector, the environment, labor organizations, or economic development; (iii) shall be appointed for a term of 8 years and may be reappointed for 1 additional term; (iv) shall serve until the successor of the member is appointed and confirmed; (v) shall be compensated at a rate equivalent to the rate under level IV of the Executive Schedule under section 5315 of title 5, United States Code, when engaged in the business of the Corporation; and (vi) may be paid per diem in lieu of subsistence at the applicable rate under the Federal Travel Regulation under subtitle F of title 41, Code of Federal Regulations, or any successor regulations, from time to time, while away from the home or usual place of business of the member. (D) Staggered terms Notwithstanding subparagraph (C)(iii), in appointing the initial members of the Board described in subparagraph (C), the President shall stagger the terms of the members so that, during any 2-year period, the term of not more than 1 member ends. (3) Chairperson The Secretary of the Treasury, or the designee of the Secretary under paragraph (2)(B)(i)(I), shall serve as the Chairperson of the Board. (4) Vice Chairperson The Administrator of the Small Business Administration, or the designee of the Administrator under paragraph (2)(B)(i)(II), shall serve as the Vice Chairperson of the Board. (5) Quorum 5 members of the Board shall constitute a quorum for the transaction of business by the Board. (6) Affirmation of mission The members of the Board shall affirm support for the mission and objectives of the Corporation. (c) Public hearings The Board shall hold not less than 2 public hearings annually in order to afford an opportunity for any person to present views with respect to whether— (1) the Corporation is carrying out its activities in accordance with this Act; and (2) any support provided by the Corporation under title II should be suspended, expanded, or extended. (d) Chief Executive Officer (1) Appointment There shall be within the Corporation a Chief Executive Officer, who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; and (B) serve at the pleasure of the President. (2) Authorities and duties The Chief Executive Officer shall— (A) be responsible for the management of the Corporation; and (B) exercise the powers and discharge the duties of the Corporation subject to the bylaws, rules, regulations, and procedures established by the Board. (3) Relationship to Board The Chief Executive Officer shall report to, and be under the direct authority of, the Board. (4) Compensation Section 5313 of title 5, United States Code, is amended by adding at the end the following: Chief Executive Officer, Industrial Finance Corporation of the United States. . (e) Deputy Chief Executive Officer There shall be within the Corporation a Deputy Chief Executive Officer, who shall— (1) be appointed by the President, by and with the advice and consent of the Senate; and (2) serve at the pleasure of the President. (f) Chief Risk Officer (1) Appointment Subject to the approval of the Board, the Chief Executive Officer of the Corporation shall appoint a Chief Risk Officer, from among individuals with experience at a senior level in financial risk management, who shall— (A) report directly to the Board; and (B) be removable only by a majority vote of the Board. (2) Duties The Chief Risk Officer, in coordination with the audit committee of the Board established under section 401(a), shall develop, implement, and manage a comprehensive process for identifying, assessing, monitoring, and limiting risks to the Corporation, including the overall portfolio diversification of the Corporation. (g) Chief Development Officer (1) Appointment Subject to the approval of the Board, the Chief Executive Officer shall appoint a Chief Development Officer, who shall— (A) report directly to the Board; and (B) be removable only by a majority vote of the Board. (2) Duties The Chief Development Officer shall— (A) in coordination with the Chief Technology and Data Officer, develop, track, and report metrics to assess the impact of the activities of the Corporation with respect to the policies described in section 102(c); (B) convene potential investment partners who can provide additional private investments into projects and companies supported by the Corporation; (C) coordinate the development policies and implementation efforts of the Corporation with— (i) the Export-Import Bank of the United States; (ii) the United States International Domestic Finance Corporation; (iii) the Department of Commerce; (iv) the Small Business Administration; (v) the Manufacturing USA Institutes described in section 34(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d) ); (vi) the manufacturing extension centers established under section 25(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(b) ); (vii) the Office of Science and Technology Policy; and (viii) other relevant Federal agencies; (D) authorize and coordinate transfers of funds or other resources to and from the Federal agencies described in subparagraph (C) or Federal missions upon the concurrence of those agencies or missions in support of the projects of the Corporation; and (E) serve as an ex officio member of the Advisory Council established under subsection (j) and participate in, or send a representative to, each meeting of that Council. (h) Chief Technology and Data Officer (1) Appointment Subject to the approval of the Board, the Chief Executive Officer shall appoint a Chief Technology and Data Officer, who shall— (A) report directly to the Board; and (B) be removable only by a majority vote of the Board. (2) Duties The Chief Technology and Data Officer shall ensure that the Corporation— (A) collects proper data from each project; and (B) develops and implements proper data analytics within the Corporation to ensure that the Corporation can analyze the data collected under subparagraph (A) to— (i) in coordination with the Chief Development Officer, measure the impact of the activities of the Corporation on the policies described in section 102(c); (ii) inform future activities of the Corporation; and (iii) provide publicly available reporting on the activities of the Corporation, including the impacts described in clause (i). (i) Officers and employees (1) In general Except as otherwise provided in this section, each officer, employee, and agent of the Corporation shall be— (A) selected and appointed by the Corporation; and (B) vested with such powers and duties as the Corporation may determine. (2) Administratively determined employees (A) Appointment; compensation; removal Of the officers, employees, and agents appointed by the Corporation under paragraph (1), not more than 250 may be appointed, compensated, or removed without regard to the provisions of title 5, United States Code. (B) Reinstatement Under such regulations as the President may prescribe, an officer, employee, or agent appointed to a position under subparagraph (A) may be entitled, upon removal from such position (unless the removal was for cause), to— (i) if the officer, employee, or agent occupied a position in the Federal Government on the day before the date on which the officer, employee, or agent was appointed to the Corporation under subparagraph (A), reinstatement to that position; or (ii) appointment to a position of comparable grade and salary. (C) Additional positions The officers, employees, and agents described in subparagraph (A) shall be in addition to officers, employees, and agents otherwise authorized by law, including in positions authorized under section 5108 of title 5, United States Code. (D) Rates of pay for officers and employees The Corporation may set and adjust rates of basic pay for officers, employees, and agents appointed under subparagraph (A) without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, respectively. (3) Liability of employees (A) In general An individual who is a member of the Board or an officer or employee of the Corporation may not be liable under this Act with respect to any claim arising out of or resulting from any act or omission by the individual within the scope of the employment of the individual in connection with any transaction by the Corporation. (B) Rule of construction Subparagraph (A) shall not be construed to limit the personal liability of an individual for— (i) criminal acts or omissions; (ii) willful or malicious misconduct; (iii) acts or omissions for the private gain of the individual or family members of the individual; or (iv) any other acts or omissions outside the scope of the employment of the individual. (C) Conflicts of interest The Corporation shall establish and publish procedures for avoiding conflicts of interest on the part of officers and employees of the Corporation and members of the Advisory Council established under subsection (j). (D) Savings provision Nothing in this paragraph shall be construed— (i) to affect— (I) any other immunities and protections that may be available to an individual described in subparagraph (A) under applicable law with respect to a transaction described in that subparagraph; or (II) any other right or remedy against the Corporation, against the United States under applicable law, or against any person other than an individual described in subparagraph (A) participating in such a transaction; or (ii) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees not described in this paragraph. (j) Advisory Council (1) In general There is established within the Corporation an Advisory Council to advise the Board on development objectives of the Corporation referred to in this subsection as the Advisory Council . (2) Membership The Advisory Council shall consist of not more than 9 members appointed by the Board, on the recommendation of the Chief Executive Officer and the Chief Development Officer of the Corporation, from among individuals who are broadly representative of— (A) nongovernmental organizations; (B) think tanks; (C) advocacy organizations; (D) foundations; and (E) other institutions engaged in manufacturing and workforce development. (3) Functions The Board shall call upon members of the Advisory Council, either collectively or individually, to advise the Board with respect to— (A) the extent to which the Corporation is meeting the mandate of the Corporation; and (B) any suggestions for improvements with respect to meeting that mandate, including project development and implementation challenges and opportunities. (4) Permanence Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. 104. Inspector General of the Corporation (a) In general Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting the Industrial Finance Corporation of the United States, after the United States International Development Finance Corporation, . (b) Oversight independence Section 8G(a)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by adding and at the end; and (3) by adding at the end the following: (K) with respect to the Industrial Finance Corporation of the United States, such term means the Board of Directors of the Industrial Finance Corporation of the United States; . II Authorities 201. Authorities relating to provision of support (a) In general In carrying out this title, the Corporation shall— (1) exercise the authorities of the Corporation only to the extent that such an exercise of authority— (A) carries out a policy of the Corporation, as described in section 102(c); (B) mitigates risks to the taxpayers of the United States by sharing risks with private sector entities through co-financing and structuring of tools; and (C) ensures that support provided under this title is in addition to private sector resources by mobilizing private capital that would otherwise not be deployed without such support; and (2) determine— (A) the character and necessity of the obligations and expenditures of the Corporation; and (B) the manner in which the obligations and expenditures described in subparagraph (A) shall be incurred, allowed, and paid. (b) Lending and guaranties (1) In general The Corporation may make loans or guaranties upon such terms and conditions as the Corporation may determine. (2) Applicability of Federal Credit Reform Act of 1990 Loans and guaranties issued under paragraph (1) shall be subject to the requirements of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (c) Programs and facilities The Corporation may create programs, facilities, or other entities determined necessary by the Corporation, for the purpose of providing liquidity in markets and sectors integral to the mission of the Corporation, by— (1) purchasing obligations or other interests directly from the issuers of those obligations or other interests; (2) purchasing obligations or other interests in secondary markets or otherwise; or (3) making loans, including loans or other advances secured by collateral. (d) Equity investments (1) In general The Corporation may, as a minority investor, support projects with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity or quasi-equity securities or shares or financial interests of any entity, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Corporation may determine. (2) Guidelines and criteria The Corporation shall develop guidelines and criteria to require that the use of the authority under paragraph (1) with respect to a project has a clearly defined developmental purpose, taking into account the following objectives: (A) The support for the project would be more likely than not to substantially reduce or overcome the effect of an identified market imperfection. (B) The project would not have proceeded, or would have been substantially delayed, without the support. (C) The support will contribute positively to the long-term commercial sustainability of the target industry in the United States. (D) The support furthers a policy of the Corporation described in section 102(c). (3) Limitations on equity investments (A) Per project limit The aggregate amount of support provided under this subsection with respect to any project shall not exceed 30 percent of the aggregate amount of all equity investment made to the project at the time that the Corporation approves support of the project, except that such percentage may be raised with the unanimous consent of the Board. (B) Total limit Support provided under this subsection shall be limited to not more than 35 percent of the aggregate exposure of the Corporation on the date on which that support is provided, except that such percentage may be raised with the unanimous consent of the Board. (4) Sales and liquidation of position The Corporation shall seek to sell and liquidate any support for a project provided under this subsection as soon as commercially feasible, taking into consideration— (A) the actions of other similar investors in the project; (B) how the interests of the taxpayers of the United States will be served through equity investments; and (C) the national security interests of the United States. (5) Timetable The Corporation shall create a project-specific timetable for support provided under this subsection. (e) Promotion of and support for private investment opportunities (1) In general In order to carry out the policies described in section 102(c), the Corporation may initiate and support, through financial participation, incentive grants, or otherwise, and under such terms and conditions as the Corporation may determine, feasibility studies for the planning, development, and management of, and procurement for, potential bilateral and multilateral projects eligible for support under this title, including training activities undertaken in connection with those projects, for the purpose of promoting investment in those projects and the identification, assessment, surveying, and promotion of private investment opportunities, utilizing wherever feasible and effective, the facilities of private investors. (2) Contributions to costs The Corporation shall, to the maximum extent practicable, require any person receiving funds under this subsection to— (A) share the costs of feasibility studies and other project planning services for which support is provided under this subsection; and (B) if the person succeeds in project implementation, reimburse the Corporation for the amount of support provided by the Corporation to the person under this subsection. (f) Special projects and programs The Corporation may administer and manage special projects and programs in support of specific transactions undertaken by the Corporation, including programs of financial and advisory support that provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings, or intermediate financial and investment institutions or cooperatives. (g) Asset acquisition With respect to asset acquisition, the Corporation may— (1) acquire tangible and intangible assets at fair market value; and (2) engage in purchase order guarantees. (h) Enterprise funds (1) In general The Corporation may, following consultation with the Secretary of the Treasury and the heads of other relevant Federal departments or agencies, establish and operate enterprise funds in accordance with this subsection. (2) Private character of funds Nothing in this subsection may be construed to make— (A) an enterprise fund established or operated by the Corporation an agency or establishment of the United States Government; or (B) any officer, employee, or member of the board of directors of an enterprise fund described in subparagraph (A) an officer or employee of the United States. (3) Purposes for which support may be provided The Corporation, subject to the approval of the Board, may designate private, nonprofit organizations as eligible to receive support under this subsection for the following purposes: (A) To promote the development of domestic manufacturing, the commercialization of advanced technologies, and the building of resilient supply chains. (B) To facilitate access to credit or capital for small- and medium-sized enterprises— (i) in industry sectors or geographic areas with limited means of accessing credit on market terms; or (ii) with owners who are members of demographic groups that have historically had limited access to private capital. (C) To complement the work of the Small Business Administration and the Economic Development Administration of the Department of Commerce to improve the overall business-enabling environment by financing the expansion of the private business sector. (D) To make financially sustainable investments designed to generate measurable social benefits and build technical capacity in addition to financial returns. (4) Operation of funds (A) Expenditures Funds made available to an enterprise fund established or operated under this subsection shall be expended at the minimum rate necessary to make timely payments for projects and activities carried out under this subsection. (B) Administrative expenses Not more than 3 percent per annum of the funds made available to an enterprise fund established or operated under this subsection may be obligated or expended for the administrative expenses of the enterprise fund. (5) Board of directors Each enterprise fund established or operated under this subsection shall be governed by a board of directors comprised of private citizens of the United States— (A) who— (i) shall be appointed by the President after consultation with the chairmen and ranking members of the appropriate congressional committees; (ii) have pursued careers in innovative technologies or manufacturing; and (iii) have demonstrated expertise in investment activities; and (B) a majority of whom shall— (i) be citizens of the United States; and (ii) have relevant experience relating to the purposes described in paragraph (3). (6) Reports Not later than 1 year after the date on which an enterprise fund is established under this subsection, and annually thereafter until the enterprise fund terminates in accordance with paragraph (9), the board of directors of the enterprise fund shall— (A) submit to the appropriate congressional committees a report— (i) detailing the administrative expenses of the enterprise fund during the year covered by the report; (ii) describing the operations, activities, engagement with civil society and relevant local private sector entities, development objectives and outcomes, financial condition, and accomplishments of the enterprise fund during the year covered by the report; (iii) describing the results of any audit conducted under paragraph (7) during the year covered by the report; and (iv) describing how audits conducted under paragraph (7) during the year covered by the report are informing the operations and activities of the enterprise fund for the year in which the report is submitted; and (B) publish, on a publicly available internet website of the enterprise fund, each report required under subparagraph (A). (7) Oversight (A) Inspector General performance audits (i) In general The Inspector General of the Corporation shall conduct periodic audits of the activities of each enterprise fund established under this subsection. (ii) Consideration In conducting an audit under clause (i), the Inspector General shall assess whether the activities of the enterprise fund— (I) support the purposes described in paragraph (3); (II) result in profitable private sector investing; and (III) generate measurable economic and social benefits. (B) Recordkeeping requirements The Corporation shall ensure that each enterprise fund receiving support under this subsection— (i) keeps separate accounts with respect to that support; and (ii) maintains such records as may be reasonably necessary to facilitate effective audits under this paragraph. (8) Return of funds to the corporate capital account Any funds resulting from any liquidation, dissolution, or winding up of an enterprise fund, in whole or in part, shall be returned to the Corporate Capital Account established under section 304(b). (9) Termination The authority of an enterprise fund to provide support under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the date on which amounts from the enterprise fund are first expended; or (B) the date on which the enterprise fund is liquidated. (i) Structured finance With respect to structured finance, the Corporation may— (1) securitize an investment described in any of subsections (a) through (h); and (2) design and provide seed funding for new financing vehicles that aggregate invested funds from businesses with not more than 500 employees in order to attract larger private capital providers, such as pension funds. (j) Small business development (1) In general The Corporation, in cooperation with appropriate departments, agencies, and instrumentalities of the United States, as well as private entities and others, shall undertake activities to broaden the participation of United States small businesses and cooperatives, and other small United States investors, in the development of small private enterprise. (2) Outreach to minority-owned and women-owned businesses (A) In general The Corporation shall collect data on the involvement of minority- and women-owned businesses in projects, including— (i) the amount of insurance and financing provided by the Corporation to those businesses in connection with projects supported by the Corporation; and (ii) to the extent such information is available, the involvement of those businesses in procurement activities conducted or supported by the Corporation. (B) Inclusion in annual report The Corporation shall include, in each annual report submitted under section 403, the aggregate data collected under this paragraph, in such form as to quantify the effectiveness of the outreach activities of the Corporation with respect to minority- and women-owned businesses. (k) Private investment vehicles In addition to the other authorities under this section, the Corporation may, as the Chief Executive Officer of the Corporation determines necessary, create or participate in any other investment vehicle used by investors in the private sector, as determined by the Chief Executive Officer. 202. Terms and conditions (a) In general Except as provided in subsection (b), support provided by the Corporation under this title shall be on such terms and conditions as the Corporation may prescribe. (b) Requirements The following requirements apply to support provided by the Corporation under this title: (1) The Corporation shall provide support using authorities under this title only if it is necessary— (A) to alleviate a credit or capital market imperfection; or (B) to achieve specified development objectives of the Government by providing support in the most efficient way to meet those objectives on a case-by-case basis. (2) The final maturity of a loan made or guaranteed by the Corporation shall not exceed the lesser of— (A) 30 years; or (B) the debt servicing capabilities of the project to be financed by the loan, as determined by the Corporation. (3) The Corporation shall, with respect to providing any loan guaranty to a project, require the parties to the project to bear the risk of loss in an amount equal to not less than 20 percent of the guaranteed support by the Corporation in the project. (4) The Corporation may not make or guarantee a loan unless the Corporation determines that the borrower or lender is responsible and that adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States. (5) The interest rate for direct loans and interest supplements on guaranteed loans shall be set by reference to a benchmark interest rate (yield) on marketable Treasury securities or other widely recognized or appropriate benchmarks with a similar maturity to the loans being made or guaranteed, as determined in consultation with the Director of the Office of Management and Budget and the Secretary of the Treasury. The Corporation shall establish appropriate minimum interest rates for loans, guaranties, and other instruments as necessary. (6) The minimum interest rate for new loans as established by the Corporation shall be adjusted periodically to take account of changes in the interest rate of the benchmark financial instrument. (7) (A) The Corporation shall set fees or premiums for support provided under this title at levels that minimize the cost to the Government while supporting achievement of the objectives of support. (B) The Corporation shall review fees for loan guaranties periodically to ensure that the fees assessed on new loan guaranties are at a level sufficient to cover the most recent estimates of the Corporation of the costs of the Corporation. (8) Any loan guaranty provided by the Corporation shall be conclusive evidence that— (A) the guaranty has been properly obtained; (B) the loan qualified for the guaranty; and (C) but for fraud or material misrepresentation by the holder of the guaranty, the guaranty is presumed to be valid, legal, and enforceable. (9) The Corporation shall prescribe explicit standards for use in periodically assessing the credit risk of new and existing direct loans or guaranteed loans. (10) The Corporation may not make loans or loan guaranties except to the extent that budget authority to cover the costs of the loans or guaranties is provided in advance in an appropriations Act, as required by section 504 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661c ). (11) The Corporation shall rely upon specific standards to assess the developmental and strategic value of projects and should only provide the minimum level of support necessary in order to support such projects. (12) Any loan or loan guaranty made by the Corporation should be provided on a senior basis or pari passu with other senior debt unless there is a substantive policy rationale to provide that support otherwise. 203. Payment of losses (a) Payments for defaults on guaranteed loans (1) In general If the Corporation determines that the holder of a loan guaranteed by the Corporation suffers a loss as a result of a default by a borrower on the loan, the Corporation shall pay to the holder the percent of the loss, as specified in the guaranty contract, after the holder of the loan has made such further collection efforts and instituted such enforcement proceedings as the Corporation may require. (2) Subrogation Upon making a payment described in paragraph (1), the Corporation shall ensure the Corporation will be subrogated to all the rights of the recipient of the payment. (3) Recovery efforts The Corporation shall pursue recovery from the borrower of the amount of any payment made under paragraph (1) with respect to the loan. (b) Limitation on payments (1) In general Except as provided in paragraph (2), compensation for insurance, reinsurance, or a guaranty issued under this title shall not exceed the dollar value of the tangible or intangible contributions or commitments made in the project, plus interest, earnings, or profits actually accrued on those contributions or commitments, to the extent provided by the insurance, reinsurance, or guaranty. (2) Exception (A) In general The Corporation may provide that— (i) appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets; and (ii) compensation for a claim of loss under insurance of an equity investment under section 201(d) may be computed on the basis of the net book value attributable to the equity investment on the date of loss. (3) Additional limitation (A) In general Notwithstanding paragraph (2)(A)(ii) and except as provided in subparagraph (B), the Corporation shall limit the amount of direct insurance and reinsurance issued under section 201 with respect to a project so as to require that the insured and affiliates of the insured bear the risk of loss for not less than 10 percent of the amount of the exposure of the Corporation to that insured and affiliates of the insured in the project. (B) Exception The limitation under subparagraph (A) shall not apply to direct insurance or reinsurance of loans provided by banks or other financial institutions to unrelated parties. (c) Actions by Attorney General The Attorney General shall take such action as may be appropriate to enforce any right accruing to the United States as a result of the issuance of any loan or loan guaranty under this title. (d) Rule of construction Nothing in this section shall be construed to preclude any forbearance for the benefit of a borrower that may be agreed upon by the parties to a loan guaranteed by the Corporation if budget authority for any resulting costs to the Government, as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ), is available. III Administrative and general provisions 301. Operations (a) In general The Corporation may sue and be sued in its corporate name. (b) Judicial remedy A court of competent jurisdiction may prescribe a judicial remedy to the prevailing party in a lawsuit involving the Corporation. (c) Claims settlement (1) In general The Corporation may, on such terms and conditions as the Corporation may determine— (A) settle claims arising as a result of support provided under title II; and (B) arbitrate disputes arising as a result of support provided under title II with the consent of the parties. (2) Settlements conclusive Notwithstanding any other provision of law, a payment made under any settlement agreement entered into under paragraph (1)(A), or as a result of an arbitration award awarded under paragraph (1)(B), shall be final and conclusive. (d) Electronic payments and documents The Corporation shall implement policies to accept electronic documents and electronic payments in every program of the Corporation. 302. Corporate powers (a) In general The Corporation— (1) may adopt, alter, and use a seal, which may include an identifiable symbol of the United States; (2) notwithstanding division C of subtitle I of title 41, United States Code, may make and perform with any person contracts, including no-cost contracts (as defined by the Corporation), grants, and other agreements, that are necessary for carrying out the functions of the Corporation; (3) may lease, purchase, or otherwise acquire, improve, and use real property that is necessary to carry out the functions of the Corporation; (4) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the functions of the Corporation; (5) may use the United States mails in the same manner and on the same conditions as the Executive departments (as defined in section 101 of title 5, United States Code); (6) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Director of the Office of Personnel Management; (7) may hire or obtain passenger motor vehicles; (8) may acquire, hold, or dispose of, upon such terms and conditions as the Corporation may determine, any property, real, personal, or mixed, tangible or intangible, or any interest in such property; (9) may lease office space for the Corporation’s own use, with the obligation of amounts for such lease limited to the current fiscal year for which payments are due until the expiration of the current lease under predecessor authority, as of the day before the date of enactment of this Act; (10) may indemnify directors, officers, employees, and agents of the Corporation for liabilities and expenses incurred in connection with their activities on behalf of the Corporation; (11) notwithstanding any other provision of law, may represent itself or contract for representation in any legal or arbitral proceeding; (12) may exercise any priority of the Government of the United States in collecting debts from bankrupt, insolvent, or decedents’ estates; (13) may collect, notwithstanding section 3711(g)(1) of title 31, United States Code, or compromise any obligations assigned to or held by the Corporation, including any legal or equitable rights accruing to the Corporation; (14) may sell direct investments of the Corporation to private investors upon such terms and conditions as the Corporation may determine; and (15) shall have such other powers as may be necessary and incident to carrying out the functions of the Corporation. (b) Treatment of property Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Corporation shall have the right in its discretion to complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Corporation pursuant to the provisions of this Act. 303. Maximum contingent liability (a) In general The maximum contingent liability of the Corporation outstanding at any time shall not exceed in the aggregate the greater of— (1) the amount specified in subsection (b); or (2) an amount equal to 10 times the balance of the Corporate Capital Account. (b) Amount specified (1) Initial 5-year period The amount specified in this subsection for the 5-year period beginning on the date of enactment of this Act is $500,000,000,000. (2) Subsequent 5-year periods Not later than 5 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the amount specified in paragraph (1) shall be adjusted to reflect the percentage of the increase (if any) in the average of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor during the preceding 5-year period. 304. Corporate funds (a) Definitions In this section: (1) Administrative expenses The term administrative expenses does not include project-specific transaction costs. (2) Cost The term cost has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (3) Information technology The term information technology has the meaning given the term in section 11101 of title 40, United States Code. (4) Project-specific transaction costs The term project-specific transaction costs — (A) means those costs incurred by the Corporation for travel, legal expenses, and direct and indirect costs incurred in claims settlements associated with the provision of support under title; and (B) does not include information technology. (b) Corporate Capital Account There is established in the Treasury of the United States a fund to be known as the Corporate Capital Account to carry out the purposes of the Corporation. (c) Funding The Corporate Capital Account shall consist of— (1) fees charged and collected pursuant to subsection (d); (2) any amounts received pursuant to subsection (f); (3) investments and returns on such investments pursuant to subsection (h); (4) unexpended balances transferred to the Corporation; (5) payments received in connection with settlements of all insurance and reinsurance claims of the Corporation; and (6) all other collections transferred to or earned by the Corporation, excluding the cost of loans and loan guaranties. (d) Fee authority Fees may be charged and collected for providing services in amounts to be determined by the Corporation. (e) Uses (1) In general Subject to Acts making appropriations, the Corporation is authorized to pay— (A) the cost of loans and loan guaranties; (B) administrative expenses of the Corporation; (C) for the cost of providing support authorized by subsections (c), (e), (f), and (g) of section 201; and (D) project-specific transaction costs. (2) Income and revenue In order to carry out the purposes of the Corporation, all collections transferred to or earned by the Corporation, excluding the cost of loans and loan guaranties, shall be deposited into the Corporate Capital Account and shall be available to carry out its purpose, including without limitation— (A) payment of all insurance and reinsurance claims of the Corporation; (B) repayments to the Treasury of amounts borrowed under subsection (f); and (C) dividend payments to the Treasury under subsection (g). (f) Full faith and credit (1) In general All support provided pursuant to predecessor authorities or title II shall continue to constitute obligations of the United States, and the full faith and credit of the United States is hereby pledged for the full payment and performance of such obligations. (2) Bonds With the approval of the Secretary of the Treasury, the Corporation is authorized to issue bonds, notes, debentures, and other similar obligations, subject to the maximum contingent liability established in Section 303. Such obligations shall be in such forms and denominations, shall have such maturities, shall bear such rates of interest, shall be subject to such terms and conditions, and shall be issued in such manner and sold at such prices as may be prescribed by the Corporation with the approval of the Secretary of the Treasury. Such obligations shall be fully and unconditionally guaranteed both as to interest and principal by the United States, and such guaranty shall be expressed on the face thereof, and such obligations shall be lawful investments and may be accepted as security for all fiduciary, trust, and public funds the investment or deposit of which shall be under the authority or control of the United States or any officer or officers thereof. (3) Authority to borrow The Corporation is authorized to borrow from the Treasury such sums as may be necessary to fulfill such obligations of the United States and any such borrowing shall be at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yields on outstanding marketable obligations of the United States of comparable maturities, for a period jointly determined by the Corporation and the Secretary, and subject to such terms and conditions as the Secretary may require. (4) Treatment of debt Any obligation of, or fully guaranteed by, the Corporation shall be eligible for purchase under section 14(b)(2) of the Federal Reserve Act ( 12 U.S.C. 355(b)(2) ). (g) Dividends The Board, in consultation with the Director of the Office of Management and Budget, shall annually assess a dividend payment to the Treasury if the Corporation’s insurance portfolio is more than 100 percent reserved. (h) Investment authority (1) In general The Corporation may request the Secretary of the Treasury to invest such portion of the Corporate Capital Account as is not, in the Corporation’s judgment, required to meet the current needs of the Corporate Capital Account. (2) Form of investments Such investments shall be made by the Secretary of the Treasury in public debt obligations, with maturities suitable to the needs of the Corporate Capital Account, as determined by the Corporation, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. (i) Collections Interest earnings made pursuant to subsection (h), earnings collected related to equity investments, and amounts, excluding fees related to insurance or reinsurance, collected pursuant to subsection (d), shall not be collected for any fiscal year except to the extent provided in advance in appropriations Acts. (j) Authorization of appropriations There is authorized to be appropriated $50,000,000,000 to the Corporate Capital Account. IV Monitoring, evaluation, and reporting 401. Establishment of risk and audit committees (a) In general Not later than 1 year after the date of enactment of this Act, the Corporation shall establish— (1) a risk committee; and (2) an audit committee. (b) Purpose The purpose of the committees established under subsection (a) shall be to assist the Board in fulfilling the duties and responsibilities of the Board under section 201(a). (c) Duties and responsibilities of risk committee Subject to the direction of the Board, the risk committee established under subsection (a) shall be responsible for— (1) formulating risk management policies of the operations of the Corporation; (2) reviewing and providing guidance on the operation of the global risk management framework of the Corporation; (3) developing policies for enterprise risk management, risk monitoring, and the management of strategic, reputational, regulatory, operational, developmental, environmental, social, and financial risks; and (4) developing the risk profile of the Corporation, including a risk management and compliance framework and governance structure to support such framework. (d) Duties and responsibilities of audit committee Subject to the direction of the Board, the audit committee established under subsection (a) be responsible for— (1) the integrity of— (A) the financial reporting of the Corporation; (B) systems of internal controls relating to finance and accounting of the Corporation; and (C) the financial statements of the Corporation; (2) the performance of the internal audit function of the Corporation; and (3) the compliance of the Corporation with legal and regulatory requirements relating to the finances of the Corporation. 402. Performance measures, evaluation, and learning (a) In general Not later than 1 year after the date of enactment of this Act, the Corporation shall develop a performance measurement system to— (1) evaluate and monitor projects; and (2) guide future projects. (b) Considerations In developing the performance measurement system required under subsection (a), the Corporation shall— (1) develop an impact measurement system for measuring the net effect of the activities of the Corporation on the policies described in section 102(c); (2) develop a mechanism for ensuring that support provided by the Corporation for a project is in addition to private investment for the project; (3) develop standards for, and a method for ensuring, appropriate financial performance of the portfolio of the Corporation; and (4) develop standards for, and a method for ensuring, appropriate performance of the portfolio of the Corporation, including— (A) measurement of the projected and ex post impact of a project; and (B) the information necessary to comply with section 403. (c) Public availability of certain information On a regular basis, the Corporation shall make available to the public information relating to— (1) support provided by the Corporation under title II; and (2) performance metrics about that support. (d) Consultation In developing the performance measurement system required under subsection (a), the Corporation shall consult with— (1) the Advisory Council established under section 103(j); and (2) other stakeholders and interested parties engaged in the policy of the Corporation described in section 102(c). 403. Annual report (a) In general Not later than October 1 of each year, the Corporation shall submit to the appropriate congressional committees a complete and detailed report of the operations of the Corporation during the preceding fiscal year, including an assessment of— (1) the impacts of projects on the policies described in section 102(c); (2) the extent to which the operations of the Corporation complement or are compatible with the domestic economic development programs of the Federal Government; (3) the institutional linkages of the Corporation with other relevant Federal agencies and efforts to strengthen those linkages; and (4) the compliance of projects with Federal law and policies that govern the support of the Corporation for projects promulgated or otherwise administered by the Corporation. (b) Elements Each report required under subsection (a) shall include analyses of the effects of projects, including— (1) reviews and analyses of— (A) the desired outcomes for projects and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, during the years after conclusion of projects; (B) the effect of the support of the Corporation on access to capital; (C) ways in which the Corporation addresses identifiable market gaps or inefficiencies; and (D) what impact, if any, the support described in subparagraph (B) has on access to credit for a specific project or sector; (2) projections of— (A) outcomes of projects and whether support for those projects are meeting performance measures associated with those projects— (i) during the start-up phase of those projects; and (ii) throughout the duration of the those projects; and (B) the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support; and (3) an assessment of the extent to which the Corporation has applied lessons learned from monitoring and evaluating activities of the Corporation and annual reports from previous years compiled by the Corporation to projects. 404. Quarterly report (a) In general Not later than 30 days after the date of enactment of this Act, and quarterly thereafter, the Corporation shall submit to the appropriate congressional committees a detailed report that— (1) with respect to the first report submitted under this section, describes the progress of the Corporation with respect to the appointment and, if applicable, the confirmation of— (A) members of the Board; (B) the Chief Executive Officer of the Corporation; (C) the Deputy Chief Executive Officer of the Corporation; and (D) other officers of the Corporation described in section 103(a); and (2) with respect to each report submitted thereafter, covers the period beginning on the date of the most recent submission of a report under this section and describes— (A) new activities of the Corporation; and (B) any activities of the Corporation that have concluded. (b) Contents Each report submitted under subsection (a) shall include, with respect to support provided by the Corporation— (1) the name of the entity receiving the support; (2) the location of the entity receiving the support; (3) the amount of support provided; (4) the nature of the support; (5) if applicable, the term or duration during which the Corporation will provide the support; (6) if applicable, the term over which the support will be repaid to the Corporation; and (7) any other relevant details determined important or necessary by the Chief Executive Officer of the Corporation. 405. Publicly available project information (a) In general The Corporation shall maintain a database with detailed project-level information, as appropriate. (b) Attributes The database maintained under subsection (a) shall— (1) be user-friendly; (2) be publicly available; and (3) to the extent practicable, include a description of the support provided for each project, which should include, to the extent feasible, the information included in the report to Congress under section 403(a) relating to the project. 406. Engagement with investors (a) In general The Corporation, acting through the Chief Development Officer, shall— (1) develop a strategic relationship with private sector entities focused at the nexus of business opportunities and development priorities; (2) engage the entities described in paragraph (1); (3) reduce business risks primarily through direct transaction support and the facilitation of investment partnerships; (4) develop and support tools, approaches, and intermediaries that can mobilize private finance in support of the policy described in section 101(c); and (5) pursue projects consistent with the policy described in section 101(c). (b) Assistance To carry out the duties of the Corporation under subsection (a), the Corporation shall— (1) develop risk mitigation tools; (2) provide transaction structuring support for blended finance models; (3) support intermediaries by linking capital supply and demand; (4) coordinate with other Federal agencies to support or accelerate transactions; (5) convene financial, donor, civil society, and public sector partners around opportunities for private finance within development priorities; (6) offer strategic planning and programming assistance to catalyze investment into priority sectors; (7) provide transaction structuring support; (8) deliver training and knowledge management tools for engaging private investors; (9) partner with private sector entities that provide access to capital and expertise; and (10) identify and screen new investment partners. (c) Technical assistance The Corporation shall coordinate with the Small Business Administration, the Department of Commerce, the Office of Science and Technology Policy, and other Federal agencies, as necessary, on projects and programs supported by the Corporation that include technical assistance. 407. Notifications by the Corporation Not later than 15 days before the date on which the Corporation makes a financial commitment associated with the provision of support under title II in an amount greater than $10,000,000, the Chief Executive Officer of the Corporation shall submit to the appropriate congressional committees a report in writing that— (1) contains the amount of the financial commitment; (2) identifies the recipient or beneficiary of the commitment; and (3) describes the project, activity, or asset and the development goal or purpose to be achieved by the commitment. V Conditions, restrictions, and prohibitions 501. Limitations and preferences (a) Policies Not later than 1 year after the date of enactment of this Act, the Chief Executive Officer of the Corporation, in consultation with the Secretary of the Treasury, shall establish policies to ensure that, with respect to support provided to an entity under the activities of the Corporation under title II, the support— (1) is contingent on the entity using the support to invest in manufacturing activity in the United States; (2) retains public benefits in the United States after the date on which the support concludes according to binding commitments that, as determined by the Chief Executive Officer of the Corporation— (A) are satisfactory; and (B) remain in place for the longest feasible period of time, consistent with sound economics and the purposes of this Act; and (3) contains safeguards to minimize the transfer of intellectual property from companies in the United States to foreign entities, especially to countries of concern, including the People’s Republic of China. (b) Limitation on support for single entity An entity receiving support from the Corporation under title II may not receive more than an amount that is equal to 5 percent of the maximum contingent liability of the Corporation authorized under section 303. (c) Promotion The Corporation shall make efforts to ensure that the activities of the Corporation promote— (1) regional diversity, such that businesses located in a diverse range of States receive investment support under title II; (2) competition, such that target industries and sectors maintain a competitive environment and are not controlled by single entities; (3) sustainability, such that raw materials sourcing and manufacturing practices minimize environmental harm; (4) equity, such that businesses from historically marginalized communities receive business development support; and (5) fair labor, such that businesses with unionized workforces are supported. 502. Additionality and avoidance of adverse impact (a) In general Before the Corporation provides support for a project, the Corporation shall ensure that private sector entities are afforded an opportunity to support the project. (b) Safeguards, policies, and guidelines The Corporation shall develop appropriate safeguards, policies, and guidelines to ensure that support provided by the Corporation under title II— (1) supplements, encourages, and does not compete with private sector support; and (2) does not have a significant adverse impact on employment in the United States. 503. Prevailing wages Section 602 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3212 ) shall apply to a construction project that receives financial assistance from the Corporation. For purposes of applying such section 602 to such a project, any reference in such section 602— (1) to a project assisted by the Secretary of Commerce under such Act shall be deemed to be reference to a project that receives financial assistance from the Corporation; and (2) to the Secretary of Commerce shall be deemed to be a reference to the Corporation. | https://www.govinfo.gov/content/pkg/BILLS-117s2662is/xml/BILLS-117s2662is.xml |
117-s-2663 | II 117th CONGRESS 1st Session S. 2663 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Casey (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve direct certification, and for other purposes.
1. Short title This Act may be cited as the School Modernization and Efficient Access to Lunches for Students Act of 2021 or the School MEALS Act of 2021 . 2. Expanding direct certification Section 9(b)(4)(F)(iii)(II)(bb) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)(F)(iii)(II)(bb)) is amended by inserting in not more than 3 school years after measures . 3. Direct certification improvement grants and technical assistance Section 9(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b) ) is amended by adding at the end the following: (16) Direct certification improvement grants and technical assistance (A) Definitions In this paragraph: (i) Eligible entity The term eligible entity means— (I) a State agency; and (II) a Tribal organization. (ii) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (iii) Rate of direct certification The term rate of direct certification means the percentage of children eligible for direct certification under paragraphs (4) and (5) for a school year that were directly certified under those paragraphs for that school year. (iv) Tribal organization The term Tribal organization has the meaning given the term tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (B) Grants (i) In general The Secretary shall provide grants to eligible entities that administer the school lunch program under this Act to improve the rate of direct certification in the State in which the eligible entity is located. (ii) Priority In providing grants under clause (i), the Secretary shall give priority to States and Tribal organizations with the lowest rates of direct certification. (iii) Use of funds An eligible entity that receives a grant under clause (i) shall use the grant funds to pay costs relating to improving the rate of direct certification in the State or Indian Tribe, as applicable, including the cost of— (I) improving technology relating to direct certification; (II) providing technical assistance to local educational agencies; (III) newly implementing or revising a direct certification system or process in the State (including at local educational agencies in the State) or Indian Tribe, including the cost of equipment; and (IV) coordinating with multiple public benefits programs to increase the rate of direct certification, including by conducting feasibility studies and demonstration projects under section 18(c). (C) Food Distribution Program on Indian reservations (i) In general The Secretary shall provide grants to States and Tribal organizations administering the food distribution program on Indian reservations under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) )— (I) in the case of a Tribal organization, if applicable, to establish a rate of direct certification of children that are members of households receiving assistance under that program; or (II) to improve the rate of direct certification of children that are members of households receiving assistance under that program. (ii) Use of funds A State or Tribal organization receiving a grant under this subparagraph shall use the funds to pay the costs described in subparagraph (B)(iii). (D) Technical assistance The Secretary shall provide technical assistance to assist the recipients of grants under subparagraphs (B) and (C), and other eligible entities, as appropriate, in improving the rates of direct certification. (E) Funding (i) In general On October 1, 2022, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $28,000,000, to remain available until expended. (ii) Food Distribution Program on Indian reservations Of the funds transferred to the Secretary under clause (i), the Secretary shall use not less than $2,000,000 to carry out subparagraph (C). (iii) Technical assistance Of the funds transferred to the Secretary under clause (i), the Secretary shall use not more than $3,000,000 to carry out subparagraph (D). (iv) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation. . 4. Enhancing the community eligibility option Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) ) is amended— (1) in clause (iv)— (A) in subclause (I)(bb)— (i) by striking as of April 1 of the prior school year and inserting during the period beginning on April 1 of the prior school year and ending on the last day of that school year ; and (ii) by striking as of April 1 of the school year prior and all that follows through subparagraph and inserting during the period beginning on April 1 of the covered school year and ending on the last day of the covered school year ; and (B) by adding at the end the following: (III) Definition of covered school year In this clause, the term covered school year means the school year prior to the first school year that a school or local educational agency elected to receive special assistance payments under this subparagraph. ; and (2) in clause (x)— (A) in subclause (I), by striking for the next school year if, not later than June 30 of the current school year, and inserting if ; (B) in subclause (II)(aa), by inserting , based on counts conducted by schools of identified students beginning on or after April 1 of that school year, after clause (viii) ; and (C) in subclause (IV)(aa), by inserting , based on counts conducted by schools of identified students beginning on or after April 1 of that school year, after clause (viii) . 5. Enhancing direct certification Section 9(b)(15)(B)(ii)(III) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(15)(B)(ii)(III) ) is amended by striking 10 and inserting 20 . 6. State performance on enrolling children receiving program benefits for free school meals Section 4301(b) of the Food, Conservation, and Energy Act of 2008 ( 42 U.S.C. 1758a(b) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) in the case of a State identified under clause (ii)(I) of section 9(b)(4)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(4)(F) ), a description of— (A) the technical assistance provided to the State; and (B) the progress made by the State in implementing the measures and meeting the goals described in items (aa) through (cc) of clause (iii)(II) of that section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2663is/xml/BILLS-117s2663is.xml |
117-s-2664 | II 117th CONGRESS 1st Session S. 2664 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Casey (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes.
1. Short title This Act may be cited as the School Hunger Elimination Act of 2021 . 2. Mandatory direct certification Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in the paragraph heading, by striking Discretionary certification and inserting Direct certification of additional low-income children ; and (2) in the matter preceding subparagraph (A), by striking may and inserting shall . 3. Direct certification for children receiving Social Security income (a) In general Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (F) a child who receives supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). . (b) Data from Social Security Administration Section 9(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b) ) is amended by adding at the end the following: (16) Data from social security administration In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located. . 4. Retroactive reimbursement Section 9(b)(9) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(9) ) is amended by adding at the end the following: (D) Retroactive reimbursement (i) Definitions In this subparagraph: (I) Change in eligibility The term change in eligibility means, with respect to eligibility for the school lunch program under this Act— (aa) a change from eligibility for reduced price meals to eligibility for free meals; and (bb) a change from noneligibility to eligibility for free or reduced price meals. (II) Meal claim The term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. (III) Previously submitted The term previously submitted , with respect to a meal claim, means a meal claim submitted on or after the retroactive date. (IV) Retroactive date The term retroactive date means the first day of the current school year. (ii) Retroactivity (I) Submission of meal claims A local educational agency shall— (aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and (bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). (II) Reimbursement by Secretary The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). (iii) Reimbursement to families A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child. . 5. Universal Medicaid direct certification Section 9(b)(15) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(15) ) is amended— (1) in subparagraph (A)— (A) by striking clause (i) and inserting the following: (i) Eligible child (I) In general The term eligible child means a child who— (aa) (AA) is eligible for and receiving medical assistance under the Medicaid program; and (BB) is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; or (bb) is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa). (II) Other children The term eligible child includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A)(i) )— (aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act ( 42 U.S.C. 670 et seq. ); (bb) by reason of section 473(b) of that Act ( 42 U.S.C. 673(b) ); or (cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act ( 42 U.S.C. 1396a(a)(10)(A)(i) ). ; and (B) by adding at the end the following: (iii) Without further application The term without further application has the meaning given the term in paragraph (4)(G). ; and (2) by striking subparagraphs (B) through (H) and inserting the following: (B) Agreement For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. (C) Procedures (i) In general Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for— (I) free or reduced price lunch under this Act; and (II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (ii) Free meals Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. (D) Certification Subject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for— (i) free or reduced price lunch under this Act; and (ii) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). . 6. Universal meal service in high poverty areas Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) ) is amended by striking clause (vii) and inserting the following: (vii) Multiplier For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5. . 7. Statewide free universal school meals demonstration projects Section 11(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1) ) is amended by adding at the end the following: (G) Statewide free universal school meals demonstration projects (i) Definitions In this subparagraph: (I) Demonstration project The term demonstration project means a demonstration project carried out under clause (ii). (II) Eligible school (aa) In general The term eligible school means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (bb) Exclusion The term eligible school does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). (III) Identified student The term identified student has the meaning given the term in subparagraph (F)(i). (IV) Selected State The term selected State means a State selected to carry out a demonstration project under clause (iii)(I). (ii) Establishment Not later than July 1, 2023, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State. (iii) State selection (I) In general The Secretary shall select not more than 5 States to each carry out a demonstration project. (II) Applications A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (III) Priority In carrying out subclause (I), the Secretary shall give priority to a State based on— (aa) the level of childhood poverty in the State; (bb) the extent to which the State has implemented subparagraph (F); (cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); (dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and (ee) the extent to which the State demonstrates a commitment to providing non-Federal funding under clause (vi)(III). (iv) Start date A demonstration project shall begin in a selected State on the first day of the school year in that State. (v) Special assistance payments (I) First year For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying— (aa) 1.9; and (bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. (II) Subsequent years For each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying— (aa) 1.9; and (bb) the higher of— (AA) the percentage of identified students in eligible schools as of the last day of the prior school year; and (BB) the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent. (III) Payment for other meals With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. (IV) Payments in lieu of A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. (vi) State implementation (I) Preliminary activities Each selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State— (aa) identify each eligible school in the State; (bb) in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount; (cc) inform local educational agencies of the demonstration project; and (dd) coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools. (II) Meal service As part of a demonstration project, an eligible school in a selected State— (aa) shall not collect applications for free and reduced price lunches under this Act; and (bb) shall make school meals available to all children at the school at no charge. (III) Non-Federal funding (aa) In general Each selected State may support the demonstration project using— (AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (BB) State revenues appropriated or used for program purposes under section 7 of this Act. (bb) Non-Federal contributions In addition to the funding received under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), each selected State shall provide funding from non-Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. (cc) Continuation of free rate (AA) Definition of covered school year In this item, the term covered school year means the school year preceding the first school year during which a demonstration project is carried out. (BB) Free rate A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. (vii) Report (I) In general Not later than September 30, 2027, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State with respect to— (aa) academic achievement, absenteeism, tardiness, the school environment, child food insecurity in the selected State, and other key factors identified in consultation with the Secretary of Education; (bb) the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) among identified students and other students; (cc) school meal services, finances, and operations in the selected State; (dd) administrative costs to the selected State and the school food authorities participating in the demonstration project; and (ee) the integrity of the operation of the free lunch program under this Act in the selected State. (II) Funding (aa) In general On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027. (bb) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation. . | https://www.govinfo.gov/content/pkg/BILLS-117s2664is/xml/BILLS-117s2664is.xml |
117-s-2665 | II 117th CONGRESS 1st Session S. 2665 IN THE SENATE OF THE UNITED STATES August 5, 2021 Ms. Cortez Masto (for herself, Mrs. Gillibrand , and Mrs. Shaheen ) 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 a grant program to incentivize small business participation in demand side management programs, and for other purposes.
1. Short title This Act may be cited as the Main Street Efficiency Act of 2021 . 2. Findings; purposes (a) Findings Congress finds that— (1) small businesses in the United States employ roughly half of the workforce, and create about half of the gross domestic product, of the United States; (2) 30,000,000 workers in the United States remain at risk of long-term unemployment, and 1 in 4 small businesses in the United States remain at risk of long-term closure, as a result of the COVID–19 pandemic; (3) prior to the COVID–19 pandemic, there were 2,400,000 workers in the United States employed in the energy efficiency sector, which was growing at a rate 3 times greater than that of the overall economy of the United States; (4) over 300,000 energy efficiency workers remain unemployed as of January 1, 2021, due to the COVID–19 pandemic; (5) nearly 80 percent of energy efficiency workers are employed by companies with fewer than 20 employees; (6) United States small business energy bills total $60,000,000,000 annually, of which 30 percent could be saved through energy efficiency improvements, which would save small businesses $18,000,000,000 annually; (7) three-quarters of electric and natural gas utility companies in the United States operate demand side management programs to incentivize customers to make energy efficiency improvements; and (8) participation rates for small businesses in demand side management programs are typically very low because small businesses do not have the capital to meet the customer contribution that utilities require. (b) Purposes The purposes of this Act are— (1) to make small businesses more financially viable through energy efficiency improvements that lower monthly utility bills; (2) to restore and create energy efficiency jobs across the United States; (3) to provide work and revenue streams for small businesses in the energy efficiency sector; (4) to ensure that demand side management programs for small businesses include participation by— (A) minority, women, and veteran-owned small businesses; (B) small businesses in disadvantaged neighborhoods; and (C) newly created small businesses; (5) to increase small business participation rates in demand side management programs; (6) to reduce the energy demand and emissions of the United States associated with energy use; and (7) to improve the indoor environments of small businesses across the United States. 3. Grants for demand side management programs (a) Definitions In this section: (1) Customer contribution The term customer contribution means the portion of the total cost of an activity carried out under a demand side management program that an eligible small business is responsible for covering to secure investment from a qualifying utility or program administrator. (2) Demand side management program (A) In general The term demand side management program means a program to plan, implement, and monitor activities of a qualifying utility or program administrator that are designed to encourage an eligible small business to modify their level or pattern of electricity or natural gas usage in a manner that reduces the monthly energy costs of that eligible small business. (B) Inclusions The term demand side management program includes any activity that— (i) improves the efficiency of any end-use appliance or equipment that uses electricity or natural gas; (ii) reduces monthly energy usage through weatherization, energy efficiency retrofitting, or infrastructure improvements; (iii) enables or enhances overall energy or cost savings through digital technologies; (iv) improves the effectiveness of a program through digital analytics or engagement; (v) improves the demand response capabilities of a qualifying utility; or (vi) supports the deployment of electric vehicles or energy storage technology. (3) Diverse supplier The term diverse supplier means a service provider or supplier at least 51 percent of which is owned, operated, or controlled by an individual who is a minority, a woman, a veteran, disabled, or identifies as lesbian, gay, bisexual, transgender, or queer (also known as LGBTQ ). (4) Electric utility The term electric utility has the meaning given the term in section 3 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2602 ). (5) Eligible small business The term eligible small business means a small commercial account utility customer, as determined by the applicable qualifying utility or program administrator that receives a grant under this section, that— (A) has a peak demand of less than 300 kilowatts of electricity in any billing month; and (B) uses less than 150,000 therms of natural gas each year. (6) Gas utility The term gas utility has the meaning given the term in section 302 of the Public Utility Regulatory Policies Act of 1978 ( 15 U.S.C. 3202 ). (7) Minority owned or controlled The term minority owned or controlled means, with respect to an eligible small business, an eligible small business— (A) (i) that is privately owned and for-profit; and (ii) at least 51 percent of which is owned or controlled by individuals who are of Asian-Indian, Asian-Pacific, Black, Latino, or Native American origin or descent; (B) (i) that is publicly owned; and (ii) at least 51 percent of the stock of which is owned by 1 or more individuals of Asian-Indian, Asian-Pacific, Black, Latino, or Native American origin or descent; or (C) (i) that is a not-for-profit business; (ii) at least 51 percent of the governing body or board of directors of which is composed of and controlled by individuals who are of Asian-Indian, Asian-Pacific, Black, Latino, or Native American origin or descent; and (iii) the management and daily operations of which are controlled by individuals described in clause (ii). (8) Program administrator The term program administrator means a nonutility organization, such as a State government, contractor, or nonprofit organization, that administers a demand side management program that is funded by— (A) public benefit charges to utility customers, as approved by the governing body of the nonutility organization; or (B) other targeted funds from qualifying utilities or State governments. (9) Qualifying utility The term qualifying utility means an entity that— (A) is an electric utility or gas utility that— (i) is owned by investors; (ii) is a political subdivision of a State or an Indian Tribe, such as a municipally owned utility, agency, authority, corporation, or instrumentality of a State or an Indian Tribe; (iii) is a rural electric cooperative; or (iv) is primarily responsible for carrying out a demand side management program that is funded by utility ratepayers; (B) operates in the United States, a territory of the United States, or on land owned by a federally recognized Indian Tribe; and (C) has established a demand side management program for eligible small businesses as of the date on which the qualifying utility submits an application under subsection (c)(1). (10) Secretary The term Secretary means the Secretary of Energy. (b) Establishment Not later than 60 days after the date of enactment of this Act, the Secretary shall establish and carry out a program to provide grants to qualifying utilities and program administrators in accordance with this section. (c) Applications (1) In general To apply for a grant under this section, a qualifying utility or program administrator shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Priority In awarding grants under this section, the Secretary shall, to the maximum extent practicable, give priority to a qualifying utility or program administrator that will carry out a demand side management program that— (A) utilizes diverse suppliers; and (B) includes as participants eligible small businesses that— (i) operate in an underserved, rural, or economically disadvantaged community; (ii) are owned and operated by members of the Armed Forces who are serving on active duty, separated from active duty, or retired from active duty; (iii) are minority owned or controlled; (iv) are owned and operated by socially and economically disadvantaged individuals; (v) have operated for less than 7 years as of the date on which the qualifying utility or program administrator submits an application for a grant under paragraph (1); (vi) operate in diverse geographic locations, as determined by the qualifying utility or program administrator, as applicable; or (vii) are of varying business types. (3) Deadline for selection Subject to the availability of appropriations and paragraph (4), the Secretary shall determine whether to provide a grant to a qualifying utility or program administrator that submits an application under paragraph (1) not later than the date that is 30 days after the date on which the application is submitted. (4) Delayed issuance of awards The Secretary may not provide grants under this section until the date that is 45 days after the date on which the Secretary begins to accept applications under paragraph (1). (d) Grant funds (1) Use of funds A qualifying utility or program administrator that receives a grant under this section shall use the grant funds to pay customer contributions. (2) Limitations on grant amounts (A) Max grant amount The amount of a grant awarded under this section to a qualifying utility or program administrator that carries out a demand side management program shall not exceed the lesser of— (i) the amount of funding the qualifying utility or program administrator, as applicable, commits to spending on the demand side management program for the period of the grant; and (ii) $100,000,000. (B) No reduction in utility contributions In providing grants under this section, the Secretary shall enter into an agreement with each grant recipient to ensure that each grant recipient does not, as a result of receiving a grant under this section, reduce the amount it spends paying for the costs of activities carried out under a demand side management program for the benefit of any of customer classes of that grant recipient. (C) Use of funds for energy efficient infrastructure A qualifying utility or program administrator awarded a grant under this section shall use not more than 25 percent of the grant funds to support activities relating to the deployment of electric vehicles, distributed energy resources, or energy storage technology. (D) Use of funds for demand side management program costs Of the grant funds provided under this section to a qualifying utility or program administrator, the amount used by the qualifying utility or program administrator to pay a customer contribution, or any portion of a customer contribution, may not— (i) exceed the amount of non-Federal funding that the qualifying utility or program administrator, as applicable, spends on activities carried out under a demand side management program; or (ii) represent more than 50 percent of the total costs of those activities. (E) Administrative costs (i) In general A qualifying utility or program administrator awarded a grant under this section shall use not more than 10 percent of the grant funds to pay for the administrative costs relating to the carrying out of activities under a demand side management program. (ii) Rates Nothing in this subsection shall affect the ability of a qualifying utility or program administrator that receives a grant under this section to charge a federally approved indirect rate. (e) Assessment and report (1) In general The Secretary shall carry out an annual assessment of the effect of grants provided under this section on energy use, economic outcomes, the environment, and social outcomes, including with respect to— (A) the electricity and natural gas usage (in terms of kilowatt hours, kilowatts, and therms) of each eligible small business that participated in a demand side management program carried out by a qualifying utility or program administrator that received a grant under this section; (B) the changes in the level of customer contributions; (C) the cost to eligible small businesses of purchasing electricity and natural gas; (D) job creation, wages, benefits, career development opportunities, and the diversity of the energy efficiency workforce; (E) the extent to which— (i) qualified utilities and program administrators, as applicable, utilize diverse suppliers; and (ii) minority owned or controlled eligible small businesses benefit from the program; (F) the amount of non-Federal investments made in demand side management programs; and (G) the electric grid, including effects on— (i) load flexibility; (ii) cost efficiency; (iii) avoidance of new capacity; and (iv) any other relevant benefits, as determined by the Secretary. (2) Use of program evaluation data To the extent practicable, the Secretary shall carry out an assessment under paragraph (1) using data that includes any data made available through program evaluations that are completed by qualifying utilities or program administrators in response to the requirements of the governing body of the qualifying utility or program administrator. (3) Report Beginning in the first calendar year that begins after the date of enactment of this Act, and annually thereafter, the Secretary shall, not later than April 30 of each year, submit to Congress a report on the results of the most recent assessment carried out under paragraph (1). (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for fiscal year 2022, to remain available until expended. (2) Unused amounts Any amount of a grant provided under this section that has not been used by a qualifying utility or program administrator by the date that is 3 years after the date on which the grant was provided— (A) shall be returned to the Treasury; and (B) is authorized to be appropriated to carry out this section in addition to the amounts authorized to be appropriated under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s2665is/xml/BILLS-117s2665is.xml |
117-s-2666 | II 117th CONGRESS 1st Session S. 2666 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Rubio (for himself 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 address threats relating to ransomware, and for other purposes.
1. Short title This Act may be cited as the Sanction and Stop Ransomware Act of 2021 . 2. Cybersecurity standards for critical infrastructure (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following: C Cybersecurity standards for critical infrastructure 2231. Definition of critical infrastructure entity In this subtitle, the term critical infrastructure entity means an owner or operator of critical infrastructure. 2232 Cybersecurity standards (a) In general The Secretary, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop and promulgate mandatory cybersecurity standards for critical infrastructure entities. (b) Harmonization and incorporation In developing the cybersecurity standards required under subsection (a), the Secretary shall— (1) to the greatest extent practicable, ensure the cybersecurity standards are consistent with Federal regulations existing as of the date on enactment of the Sanction and Stop Ransomware Act of 2021 ; and (2) in coordination with the Director of the National Institute of Standards and Technology, ensure that the cybersecurity standards incorporate, to the greatest extent practicable, the standards developed with facilitation and support from the Director of the National Institute of Standards and Technology under section 2(c)(15) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(c)(15) ). (c) Compliance assessment Not less frequently than annually, the Secretary, in coordination with the heads of Sector Risk Management Agencies, shall assess the compliance of each critical infrastructure entity with the cybersecurity standards developed under subsection (a). . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by adding at the end the following: Subtitle C—Cybersecurity standards for critical infrastructure Sec. 2231. Definition of critical infrastructure entity. Sec. 2232. Cybersecurity standards. . 3. Regulation of cryptocurrency exchanges (a) Secretary of the Treasury Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall— (1) develop and institute regulatory requirements for cryptocurrency exchanges operating within the United States to reduce the anonymity of users and accounts suspected of ransomware activity and make records available to the Federal Government in connection with ransomware incidents; and (2) submit to Congress a report with any recommendations that may be necessary regarding cryptocurrency exchanges used in conjunction with ransomware. (b) Attorney General The Attorney General shall determine what information should be preserved by cryptocurrency exchanges to facilitate law enforcement investigations. 4. Designation of state sponsors of ransomware and reporting requirements (a) Designation of state sponsors of ransomware (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in consultation with the Director of National Intelligence, shall— (A) designate as a state sponsor of ransomware any country the government of which the Secretary has determined has provided support for ransomware demand schemes (including by providing safe haven for individuals engaged in such schemes); (B) submit to Congress a report listing the countries designated under subparagraph (A); and (C) in making designations under subparagraph (A), take into consideration the report submitted to Congress under section 5(c)(1). (2) Sanctions and penalties The President shall impose with respect to each state sponsor of ransomware designated under paragraph (1)(A) the sanctions and penalties imposed with respect to a state sponsor of terrorism. (3) State sponsor of terrorism defined In this subsection, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism, for purposes of— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (D) any other provision of law. (b) Reporting requirements (1) Sanctions relating to ransomware report Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit a report to Congress that describes, for each of the 5 fiscal years immediately preceding the date of such report, the number and geographic locations of individuals, groups, and entities subject to sanctions imposed by the Office of Foreign Assets Control who were subsequently determined to have been involved in a ransomware demand scheme. (2) Country of origin report The Secretary of State, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall— (A) submit a report, with a classified annex, to the Committee on Foreign Relations of the Senate , the Select Committee on Intelligence of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Permanent Select Committee on Intelligence of the House of Representatives that identifies the country of origin of foreign-based ransomware attacks; and (B) make the report described in subparagraph (A) (excluding the classified annex) available to the public. (3) Investigative authorities report Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall issue a report that outlines the authorities available to the Federal Bureau of Investigation, the United States Secret Service, the Cybersecurity and Infrastructure Security Agency, the Homeland Security Investigations, and the Office of Foreign Assets Control to respond to foreign-based ransomware attacks. 5. Deeming ransomware threats to critical infrastructure as a national intelligence priority (a) Critical infrastructure defined In this section, the term critical infrastructure has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (b) Ransomware threats to critical infrastructure as national intelligence priority The Director of National Intelligence, pursuant to the provisions of the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ), the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ), section 1.3(b)(17) of Executive Order 12333 ( 50 U.S.C. 3001 note; relating to United States intelligence activities), as in effect on the day before the date of the enactment of this Act, and National Security Presidential Directive–26 (February 24, 2003; relating to intelligence priorities), as in effect on the day before the date of the enactment of this Act, shall deem ransomware threats to critical infrastructure a national intelligence priority component to the National Intelligence Priorities Framework. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with the Director of the Federal Bureau of Investigation, submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the implications of the ransomware threat to United States national security. (2) Contents The report submitted under paragraph (1) shall address the following: (A) Identification of individuals, groups, and entities who pose the most significant threat, including attribution to individual ransomware attacks whenever possible. (B) Locations from where individuals, groups, and entities conduct ransomware attacks. (C) The infrastructure, tactics, and techniques ransomware actors commonly use. (D) Any relationships between the individuals, groups, and entities that conduct ransomware attacks and their governments or countries of origin that could impede the ability to counter ransomware threats. (E) Intelligence gaps that have, or currently are, impeding the ability to counter ransomware threats. (3) Form The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 6. Ransomware operation reporting capabilities (a) In general Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ), as amended by section 2(a), is amended by adding at the end the following: D Ransomware Operation Reporting Capabilities 2241. Definitions In this subtitle: (1) Definitions from section 2201 The definitions in section 2201 shall apply to this subtitle, except as otherwise provided. (2) Agency The term Agency means the Cybersecurity and Infrastructure Security Agency. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Select Committee on Intelligence of the Senate; (C) the Committee on the Judiciary of the Senate; (D) the Committee on Homeland Security of the House of Representatives; (E) the Permanent Select Committee on Intelligence of the House of Representatives; and (F) the Committee on the Judiciary of the House of Representatives. (4) Covered entity The term covered entity means— (A) a Federal contractor; (B) an owner or operator of critical infrastructure; (C) a non-government entity that provides cybersecurity incident response services; and (D) any other entity determined appropriate by the Secretary, in coordination with the head of any other appropriate department or agency. (5) Critical function The term critical function means any action or operation that is necessary to maintain critical infrastructure. (6) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (7) Federal agency The term Federal agency has the meaning given the term agency in section 3502 of title 44, United States Code. (8) Federal contractor The term Federal contractor — (A) means a contractor or subcontractor (at any tier) of the United States Government; and (B) does not include a contractor or subcontractor that is a party only to— (i) a service contract to provide housekeeping or custodial services; or (ii) a contract to provide products or services unrelated to information technology that is below the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor thereto). (9) Information technology The term information technology has the meaning given the term in section 11101 of title 40, United States Code. (10) Ransomware The term ransomware means any type of malicious software that— (A) prevents the legitimate owner or operator of an information system or network from accessing electronic data, files, systems, or networks; and (B) demands the payment of a ransom for the return of access to the electronic data, files, systems, or networks described in subparagraph (A). (11) Ransomware notification The term ransomware notification means a notification of a ransomware operation. (12) Ransomware operation The term ransomware operation means a specific instance in which ransomware affects the information systems or networks owned or operated by— (A) a covered entity; or (B) a Federal agency. (13) System The term System means the ransomware operation reporting capabilities established under section 2242(b). 2242. Establishment of ransomware operation reporting system (a) Designation The Agency shall be the designated agency within the Federal Government to receive ransomware operation notifications from other Federal agencies and covered entities in accordance with this subtitle. (b) Establishment Not later than 180 days after the date of enactment of this subtitle, the Director shall establish ransomware operation reporting capabilities to facilitate the submission of timely, secure, and confidential ransomware notifications by Federal agencies and covered entities to the Agency. (c) Security assessment The Director shall— (1) assess the security of the System not less frequently than once every 2 years; and (2) as soon as is practicable after conducting an assessment under paragraph (1), make any necessary corrective measures to the System. (d) Requirements The System shall have the ability— (1) to accept classified submissions and notifications; and (2) to accept a ransomware notification from any entity, regardless of whether the entity is a covered entity. (e) Limitations on use of information Any ransomware notification submitted to the System— (1) shall be exempt from disclosure under— (A) section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), in accordance with subsection (b)(3)(B) of such section 552; and (B) any State, Tribal, or local law requiring the disclosure of information or records; and (2) may not be— (A) admitted as evidence in any civil or criminal action brought against the victim of the ransomware operation; or (B) subject to a subpoena, unless the subpoena is issued by Congress for congressional oversight purposes. (f) Privacy and protection (1) In general Not later than the date on which the Director establishes the System, Director shall adopt privacy and protection procedures for any information submitted to the System that, at the time of the submission, is known to contain— (A) the personal information of a specific individual; or (B) information that identifies a specific individual that is not directly related to a ransomware operation. (2) Model for protections The Director shall base the privacy and protection procedures adopted under paragraph (1) on the privacy and protection procedures developed for information received and shared pursuant to the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 et seq. ). (g) Annual reports (1) Director reporting requirement Not later than 1 year after the date on which the System is established and once each year thereafter, the Director shall submit to the appropriate congressional committees a report on the System, which shall include, with respect to the 1-year period preceding the report— (A) the number of notifications received through the System; and (B) the actions taken in connection with the notifications described in subparagraph (A). (2) Secretary reporting requirement Not later than 1 year after the date on which the System is established, and once each year thereafter, the Secretary shall submit to the appropriate congressional committees a report on the types of ransomware operation information and incidents in which ransom is requested that are required to be submitted as a ransomware notification, noting any changes from the previous submission. (3) Form Any report required under this subsection may be submitted in a classified form, if necessary. 2243. Required notifications (a) In general (1) Ransomware notification Not later than 24 hours after the discovery of a ransomware operation that compromises, is reasonably likely to compromise, or otherwise materially affects the performance of a critical function by a Federal agency or covered entity, the Federal agency or covered entity that discovered the ransomware operation shall submit a ransomware notification to the System. (2) Inclusion A Federal agency or covered entity shall submit a ransomware notification under paragraph (1) of a ransomware operation discovered by the Federal agency or covered entity even if the ransomware operation does not occur on a system of the Federal agency or covered entity. (b) Required updates A Federal agency or covered entity that submits a ransomware notification under subsection (a) shall, upon discovery of new information and not less frequently than once every 5 days until the date on which the ransomware operation is mitigated and any follow-up investigation is completed, submit updated ransomware threat information to the System. (c) Payment disclosure Not later than 24 hours after a Federal agency or covered entity issues a ransom payment relating to a ransomware operation, the Federal agency or covered entity shall submit to the System details of the ransom payment, including— (1) the method of payment; (2) the amount of the payment; and (3) the recipient of the payment. (d) Required rulemaking Notwithstanding any provision of this title that may limit or restrict the promulgation of rules, not later than 180 days after the date of enactment of this subtitle, the Secretary, acting through the Director, in coordination with the Director of National Intelligence and the Attorney General, without regard to the notice and comment rule making requirements under section 553 of title 5, United States Code, and accepting comments after the effective date, shall promulgate interim final rules that define— (1) the conditions under which a ransomware notification is required to be submitted under subsection (a)(1); (2) the ransomware operation information that shall be included in a ransomware notification required under this section; and (3) the information that shall be included in a ransom payment disclosure required under subsection (c). (e) Required coordination with Sector Risk Management Agencies The Secretary, in coordination with the head of each Sector Risk Management Agency, shall— (1) establish a set of reporting criteria for Sector Risk Management Agencies to submit ransomware notifications to the System; and (2) take steps to harmonize the criteria described in paragraph (1) with the regulatory reporting requirements in effect on the date of enactment of this subtitle. (f) Protection from liability Section 106 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1505 ) shall apply to a Federal agency or covered entity required to submit a ransomware notification to the System. (g) Enforcement (1) Covered entities If a covered entity violates the requirements of this subtitle, the covered entity shall be subject to penalties determined by the Administrator of the General Services Administration, which may include removal from the Federal Contracting Schedules. (2) Federal agencies If a Federal agency violates the requirements of this subtitle, the violation shall be referred to the inspector general for the agency, and shall be treated as a matter of urgent concern. . (b) Table of contents The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135), as amended by section 2(b), is further amended by adding at the end the following: Subtitle D—Ransomware Operation Reporting Capabilities Sec. 2241. Definitions. Sec. 2242. Establishment of ransomware operation reporting system. Sec. 2243. Required notifications. . (c) Technical and conforming amendments Section 2202(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(c) ) is amended— (1) by redesignating the second and third paragraphs (12) as paragraphs (14) and (15), respectively; and (2) by inserting before paragraph (14), as so redesignated, the following: (13) carry out the responsibilities described in subtitle D relating to the ransomware operation reporting system; . 7. Duties of the Cybersecurity and Infrastructure Security Agency (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (1) by redesignating section 2217 ( 6 U.S.C. 665f ) as section 2220; (2) by redesignating section 2216 ( 6 U.S.C. 665e ) as section 2219; (3) by redesignating the fourth section 2215 (relating to Sector Risk Management Agencies) ( 6 U.S.C. 665d ) as section 2218; (4) by redesignating the third section 2215 (relating to the Cybersecurity State Coordinator) ( 6 U.S.C. 665c ) as section 2217; (5) by redesignating the second section 2215 (relating to the Joint Cyber Planning Office) ( 6 U.S.C. 665b ) as section 2216; and (6) by adding after section 2220, as so redesignated, the following: 2220A. Information System and Network Security Fund (a) Definitions In this section: (1) Covered entity The term covered entity has the meaning given the term in section 2241. (2) Eligible entity The term eligible entity — (A) means a covered entity; and (B) does not include an owner or operator of critical infrastructure that is not in compliance with the cybersecurity standards developed under section 2232(a). (3) Fund The term Fund means the Information System and Network Security Fund established under subsection (b)(1). (b) Information System and Network Security Fund (1) Establishment There is established in the Treasury of the United States a trust fund to be known as the Information System and Network Security Fund . (2) Contents of Fund (A) In general The Fund shall consist of such amounts as may be appropriated for deposit in the Fund. (B) Availability (i) In general Amounts deposited in the Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are first appropriated to the Fund. (ii) Remainder to treasury Any unobligated balances in the Fund after the date described in clause (i) are rescinded and shall be transferred to the general fund of the Treasury. (3) Use of fund (A) In general Amounts deposited in the Fund shall be available to the Director to distribute to eligible entities pursuant to this subsection, in such amounts as the Director determines appropriate, subject to subparagraph (B). (B) Distribution The amounts distributed to eligible entities under this paragraph shall be made for a specific network security purpose, including to enable network recovery from an event affecting the network cybersecurity of the eligible entity. (4) Administration of fund The Director, in consultation with the Secretary and in coordination with the head of each Sector Risk Management Agency, shall— (A) establish criteria for distribution of amounts under paragraph (3); and (B) administer the Fund to support network security for eligible entities. (5) Report required For each fiscal year for which amounts in the Fund are available under this subsection, the Director shall submit to Congress a report that— (A) describes how, and to which eligible entities, amounts from the Fund have been distributed; (B) details the criteria established under paragraph (4)(A); and (C) includes any additional information that the Director determines appropriate, including projected requested appropriations for the next fiscal year. (c) Authorization of appropriations There are authorized to be appropriated for deposit in the Fund $1,500,000,000, which shall remain available until the last day of the tenth fiscal year beginning after the fiscal year during which funds are first appropriated for deposit in the Fund. 2220B. Public awareness of cybersecurity offerings (a) In general Not later than 180 days after the date of enactment of the Sanction and Stop Ransomware Act of 2021 , the Director shall establish a public awareness campaign relating to the cybersecurity services of the Federal Government. (b) Authorization of appropriations There are authorized to be appropriated to the Director $10,000,000 for each of fiscal years 2022 through 2031 to carry out subsection (a). 2220C. Dark web analysis (a) Definition of dark web In this section, the term dark web means a part of the internet that— (1) cannot be accessed through standard web browsers; and (2) requires specific software, configurations, or authorizations for access. (b) Authority To analyze The Director may monitor the internet, including the dark web, for evidence of a compromise to critical infrastructure. (c) Monitoring capabilities The Director shall develop, institute, and oversee capabilities to carry out the authority of the Director under subsection (b). (d) Notification If the Director finds credible evidence of a compromise to critical infrastructure under subsection (c), as soon as is practicable after the finding, the Director shall notify the owner or operator of the compromised critical infrastructure in a manner that protects the sources and methods that led to the finding of the compromise. . (b) Technical and conforming amendments Section 2202(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(c) ) is amended— (1) in the first paragraph (12), by striking section 2215 and inserting section 2217 ; and (2) by redesignating the second and third paragraphs (12) as paragraphs (13) and (14), respectively. (c) 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. Information System and Network Security Fund. Sec. 2220B. Public awareness of cybersecurity offerings. Sec. 2220C. Dark web analysis. . (d) Additional technical amendment (1) 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 . (2) Effective date The amendment made by paragraph (1) shall take effect as if enacted as part of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2666is/xml/BILLS-117s2666is.xml |
117-s-2667 | II 117th CONGRESS 1st Session S. 2667 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Booker (for himself, Mr. Sanders , Mrs. Gillibrand , Mr. Padilla , Ms. Smith , Mr. Durbin , Ms. Baldwin , Mr. Markey , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to repeal a certain disqualification to receive benefits under title IV of the Social Security Act and benefits under the Food and Nutrition Act of 2008; and to amend the Food and Nutrition Act of 2008 to provide that incarcerated individuals who are scheduled to be released from an institution within 30 days shall be considered to be a household for purposes of such Act.
1. Short title This Act may be cited as the Making Essentials Available and Lawful (MEAL) Act of 2021 . 2. Tanf assistance and SNAP benefits (a) Repeal of ban on assistance Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is repealed. (b) Effect on State elections To opt out or limit period of prohibition (1) Definitions In this subsection— (A) the term State has the meaning given the term in section 115(e) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a(e) ) (as in effect on the day before the date of enactment of this Act); and (B) the term TANF assistance or SNAP benefits means assistance or benefits referred to in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (as in effect on the day before the date of enactment of this Act). (2) Effect on State policies Any law enacted by a State under the authority under subparagraph (A) or (B) of subsection (d)(1) of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ), and any State law, policy, or regulation that imposes conditions on eligibility for the supplemental nutrition assistance program and temporary assistance for needy families program based on an individual’s conviction of an offense related to a controlled substance, shall have no force or effect. 3. Modification of definition of household for the purpose of determining SNAP benefits Section 3(m)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(m)(5) ) is amended by adding at the end the following: (F) Incarcerated individuals who are scheduled to be released from an institution within 30 days. . | https://www.govinfo.gov/content/pkg/BILLS-117s2667is/xml/BILLS-117s2667is.xml |
117-s-2668 | II 117th CONGRESS 1st Session S. 2668 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Tester (for 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 Office of Internet Connectivity and Growth at the National Telecommunications and Information Administration to provide assistance relating to broadband access, and for other purposes.
1. Assistance for State and Tribal broadband access programs Subsection (c) of the ACCESS BROADBAND Act (section 903 of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) is amended by adding at the end the following: (3) Fund (A) In general There is established a fund within the National Telecommunications and Information Administration, which shall be managed by the Office, to provide assistance to States and Tribal governments to support offices, agencies, or other entities that oversee broadband programs and broadband deployment in the State, with priority given to States that— (i) do not have such an active office, agency, or entity; or (ii) need to increase the capacity of such an office, agency, or entity. (B) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to the fund established under subparagraph (A). (4) Technical and other assistance (A) In general The Office shall provide technical and other assistance to States and Tribal governments— (i) to support the expansion of broadband, with priority for expansion in rural and Tribal areas and States that consistent rate at the bottom of broadband access and deployment; and (ii) regarding cybersecurity resources and programs available through Federal agencies, including the Election Assistance Commission, the Cybersecurity and Infrastructure Security Agency, the Federal Trade Commission, and the National Science Foundation. (B) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s2668is/xml/BILLS-117s2668is.xml |
117-s-2669 | II 117th CONGRESS 1st Session S. 2669 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mrs. Feinstein (for herself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ban the use of ortho-phthalate chemicals as food contact substances.
1. Short title This Act may be cited as the Preventing Harmful Exposure to Phthalates Act . 2. Findings Congress finds as follows: (1) Prenatal exposures to phthalates can do lasting harm to child brain development and increase children's risks for learning, attention, and behavior disorders. (2) Pregnant women’s exposures to phthalates, which are known to decrease fetal testosterone, can harm reproductive tract development in male babies which may have lifelong consequences. (3) Phthalates that are used in food production materials have been shown to leach into food from plastic equipment, such as tubing used in commercial dairy operations, lid gaskets, food preparation gloves, conveyor belts, and food packaging materials. (4) Exposure to phthalates can come from multiple sources simultaneously, including food and food contact substances and other products. Therefore, assessing risks from individual phthalates may underestimate the health risks from exposure to mixtures of phthalates. (5) Research shows that women have higher exposure to phthalates found in personal care products than men. (6) Studies have shown that Black and Latina women have higher exposure to certain phthalates compared with White women. (7) In a nationally representative sample, Black women had higher exposures to a real-world mixture of hormonally-active phthalates compared to White women. 3. Prohibition on use of ortho-phthalate chemicals as food contact substances, including food packaging materials (a) In general Notwithstanding any other provision of law, effective on the date that is 2 years after the date of enactment of this Act— (1) the use of any ortho-phthalate chemical as a food contact substance shall be deemed to be unsafe for the purposes of the application of clause (2)(C) of section 402(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(a) ); (2) any regulation previously issued under section 409 of such Act ( 21 U.S.C. 348 ) prescribing the conditions under which any ortho-phthalate chemical may be safely used as a food contact substance shall have no force or effect; and (3) the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall object to any notification of an intended use of an ortho-phthalate chemical as a food contact substance submitted under section 409(h)(1) of such Act, and may not issue regulations prescribing any conditions under which any ortho-phthalate chemical may be safely used as a food contact substance. (b) Alternative substances Notwithstanding any other provision of law, beginning on the date that is 2 years after the date of enactment of this Act, in acting in response to any petition under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 ) to establish safety with respect to a food contact substance that the Secretary determines to be an alternative to an ortho-phthalate chemical, in addition to the criteria under subsection (c) of such section 409, the Secretary shall consider potential adverse effects of exposure to the substance on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure, including workers who are exposed through production practices or handling of final products. 4. FDA review of products (a) In general The Secretary shall— (1) conduct a review of products other than food that is subject to regulation by the Food and Drug Administration to determine whether such products lead to exposure of the general public to any ortho-phthalate chemical through use of such products; and (2) not later than 1 year after the date of enactment of this Act, issue a report on the findings of such review, to be made available to the public on the website of the Department of Health and Human Services. (b) Considerations In conducting the review under subsection (a), the Secretary shall consider disproportionate exposure of products containing an ortho-phthalate chemical to members of communities of color and the health effects of such exposure to members of such communities, including any increased risk of preterm birth, low birth weight, or other risks to children's health. | https://www.govinfo.gov/content/pkg/BILLS-117s2669is/xml/BILLS-117s2669is.xml |
117-s-2670 | II Calendar No. 119 117th CONGRESS 1st Session S. 2670 IN THE SENATE OF THE UNITED STATES August 6 (legislative day, August 5), 2021 Mr. Schumer introduced the following bill; which was read the first time August 7, 2021 Read the second time and placed on the calendar A BILL To provide for redistricting reform, and for other purposes.
1. Short title This Act may be cited as the Redistricting Reform Act of 2021 . 2. Finding of constitutional authority Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. I Requirements for Congressional Redistricting 101. Requiring congressional redistricting to be conducted through plan of independent State commission (a) Use of Plan Required Notwithstanding any other provision of law, and except as provided in subsection (c), any congressional redistricting conducted by a State shall be conducted in accordance with— (1) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State, in accordance with title II; or (2) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court, in accordance with section 301. (b) Conforming amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting in the manner provided by the Redistricting Reform Act of 2021 . (c) Special rule for existing commissions Subsection (a) does not apply to any State in which, under law in effect continuously on and after the date of the enactment of this Act, congressional redistricting is carried out in accordance with a plan developed and approved by an independent redistricting commission that is in compliance with each of the following requirements: (1) Publicly available application process Membership on the commission is open to citizens of the State through a publicly available application process. (2) Disqualifications for government service and political appointment Individuals who, for a covered period of time as established by the State, hold or have held public office, individuals who are or have been candidates for elected public office, and individuals who serve or have served as an officer, employee, or paid consultant of a campaign committee of a candidate for public office are disqualified from serving on the commission. (3) Screening for conflicts Individuals who apply to serve on the commission are screened through a process that excludes persons with conflicts of interest from the pool of potential commissioners. (4) Multi-partisan composition Membership on the commission represents those who are affiliated with the 2 political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State, as well as those who are unaffiliated with any party or who are affiliated with political parties other than the 2 political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State. (5) Criteria for redistricting Members of the commission are required to meet certain criteria in the map drawing process, including minimizing the division of communities of interest and a ban on drawing maps to favor a political party. (6) Public input Public hearings are held and comments from the public are accepted before a final map is approved. (7) Broad-based support for approval of final plan The approval of the final redistricting plan requires a majority vote of the members of the commission, including the support of at least one member of each of the following: (A) Members who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) Members who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) Members who are not affiliated with any political party or who are affiliated with political parties other than the political parties described in subparagraphs (A) and (B). (d) Treatment of state of iowa Subsection (a) does not apply to the State of Iowa, so long as congressional redistricting in such State is carried out in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, under law which was in effect for the most recent congressional redistricting carried out in the State prior to the date of the enactment of this Act and which remains in effect continuously on and after the date of the enactment of this Act. 102. Ban on mid-decade redistricting A State that has been redistricted in accordance with this Act and a State described in section 101(c) may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the Constitution of the State, or the terms or conditions of this Act. 103. Criteria for redistricting (a) Criteria Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), including by creating any districts where two or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s citizen voting age population. (4) Districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable and after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area with recognized similarities of interests, including ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term communities of interest may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts, but shall not include common relationships with political parties or political candidates. (b) No favoring or disfavoring of political parties (1) Prohibition The redistricting plan enacted by a State shall not, when considered on a Statewide basis, be drawn with the intent or the effect of unduly favoring or disfavoring any political party. (2) Determination of effect (A) Totality of circumstances For purposes of paragraph (1), the determination of whether a redistricting plan has the effect of unduly favoring or disfavoring a political party shall be based on the totality of circumstances, including evidence regarding the durability and severity of a plan’s partisan bias. (B) Plans deemed to have effect of unduly favoring or disfavoring a political party Without limiting other ways in which a redistricting plan may be determined to have the effect of unduly favoring or disfavoring a political party under the totality of circumstances under subparagraph (A), a redistricting plan shall be deemed to have the effect of unduly favoring or disfavoring a political party if— (i) modeling based on relevant historical voting patterns shows that the plan is statistically likely to result in a partisan bias of more than one seat in States with 20 or fewer congressional districts or a partisan bias of more than 2 seats in States with more than 20 congressional districts, as determined using quantitative measures of partisan fairness, which may include, but are not limited to, the seats-to-votes curve for an enacted plan, the efficiency gap, the declination, partisan asymmetry, and the mean-median difference; and (ii) alternative plans, which may include, but are not limited to, those generated by redistricting algorithms, exist that could have complied with the requirements of law and not been in violation of paragraph (1). (3) Determination of intent For purposes of paragraph (1), a rebuttable presumption shall exist that a redistricting plan enacted by the legislature of a State was not enacted with the intent of unduly favoring or disfavoring a political party if the plan was enacted with the support of at least a third of the members of the second largest political party in each house of the legislature. (4) No violation based on certain criteria No redistricting plan shall be found to be in violation of paragraph (1) because of partisan bias attributable to the application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (a), unless one or more alternative plans could have complied with such paragraphs without having the effect of unduly favoring or disfavoring a political party. (c) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (a), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 203(d): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (d) Applicability This section applies to any authority, whether appointed, elected, judicial, or otherwise, that designs or enacts a congressional redistricting plan of a State. (e) Severability of criteria If any of the criteria set forth in this section, or the application of such criteria to any person or circumstance, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person or circumstance, shall not be affected by the holding. II Independent Redistricting Commissions 201. Independent redistricting commission (a) Appointment of members (1) In general The nonpartisan agency established or designated by a State under section 204(a) shall establish an independent redistricting commission for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than October 1 of a year ending in the numeral zero, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 202(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 202(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 202(b)(1)(C)). (B) Not later than November 15 of a year ending in the numeral zero, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 202(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 202(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 202(b)(1)(C)). (2) Rules for appointment of members appointed by first members (A) Affirmative vote of at least 4 members The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1), as well as the designation of alternates for such members pursuant to subparagraph (B) of paragraph (3) and the appointment of alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), as well as in designating alternates pursuant to subparagraph (B) of paragraph (3) and in appointing alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State’s redistricting plan. (3) Designation of alternates to serve in case of vacancies (A) Members appointed by agency At the time the agency appoints the members of the independent redistricting commission under subparagraph (A) of paragraph (1) from each of the categories referred to in such subparagraph, the agency shall, on a random basis, designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (B) Members appointed by first members At the time the members appointed by the agency appoint the other members of the independent redistricting commission under subparagraph (B) of paragraph (1) from each of the categories referred to in such subparagraph, the members shall, in accordance with the special rules described in paragraph (2), designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (4) Appointment of alternates to serve in case of vacancies (A) Members appointed by agency If a vacancy occurs in the commission with respect to a member who was appointed by the nonpartisan agency under subparagraph (A) of paragraph (1) from one of the categories referred to in such subparagraph, the agency shall fill the vacancy by appointing, on a random basis, one of the 2 alternates from such category who was designated under subparagraph (A) of paragraph (3). At the time the agency appoints an alternate to fill a vacancy under the previous sentence, the agency shall designate, on a random basis, another individual from the same category to serve as an alternate member, in accordance with subparagraph (A) of paragraph (3). (B) Members appointed by first members If a vacancy occurs in the commission with respect to a member who was appointed by the first members of the commission under subparagraph (B) of paragraph (1) from one of the categories referred to in such subparagraph, the first members shall, in accordance with the special rules described in paragraph (2), fill the vacancy by appointing one of the 2 alternates from such category who was designated under subparagraph (B) of paragraph (3). At the time the first members appoint an alternate to fill a vacancy under the previous sentence, the first members shall, in accordance with the special rules described in paragraph (2), designate another individual from the same category to serve as an alternate member, in accordance with subparagraph (B) of paragraph (3). (5) Removal A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 202(a). (b) Procedures for Conducting Commission Business (1) Chair Members of an independent redistricting commission established under this section shall select by majority vote one member who was appointed from the independent category of the approved selection pool described in section 202(b)(1)(C) to serve as chair of the commission. The commission may not take any action to develop a redistricting plan for the State under section 203 until the appointment of the commission’s chair. (2) Requiring majority approval for actions The independent redistricting commission of a State may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least— (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 202(b)(1). (3) Quorum A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors (1) Staff Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 202(b)(1). (3) Reports on expenditures for political activity (A) Report by applicants Each individual who applies for a position as an employee of the independent redistricting commission and each vendor who applies for a contract with the commission shall, at the time of applying, file with the commission a report summarizing— (i) any expenditure for political activity made by such individual or vendor during the 10 most recent calendar years; and (ii) any income received by such individual or vendor during the 10 most recent calendar years which is attributable to an expenditure for political activity. (B) Annual reports by employees and vendors Each person who is an employee or vendor of the independent redistricting commission shall, not later than one year after the person is appointed as an employee or enters into a contract as a vendor (as the case may be) and annually thereafter for each year during which the person serves as an employee or a vendor, file with the commission a report summarizing the expenditures and income described in subparagraph (A) during the 10 most recent calendar years. (C) Expenditure for political activity defined In this paragraph, the term expenditure for political activity means a disbursement for any of the following: (i) An independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(17) ). (ii) An electioneering communication, as defined in section 304(f)(3) of such Act ( 52 U.S.C. 30104(f)(3) ) or any other public communication, as defined in section 301(22) of such Act ( 52 U.S.C. 30101(22) ) that would be an electioneering communication if it were a broadcast, cable, or satellite communication. (iii) Any dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for a use described in paragraph (1), (2), or (4) of section 501(c) of such Code. (4) Goal of impartiality The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner, and may require any person who applies for an appointment to a staff position or for a vendor’s contract with the commission to provide information on the person’s history of political activity beyond the information on the person’s expenditures for political activity provided in the reports required under paragraph (3) (including donations to candidates, political committees, and political parties) as a condition of the appointment or the contract. (5) Disqualification; waiver (A) In general The independent redistricting commission may not appoint an individual as an employee, and may not enter into a contract with a vendor, if the individual or vendor meets any of the criteria for the disqualification of an individual from serving as a member of the commission which are set forth in section 202(a)(2). (B) Waiver The commission may by unanimous vote of its members waive the application of subparagraph (A) to an individual or a vendor after receiving and reviewing the report filed by the individual or vendor under paragraph (3). (d) Termination (1) In general The independent redistricting commission of a State shall terminate on the earlier of— (A) June 14 of the next year ending in the numeral zero; or (B) the day on which the nonpartisan agency established or designated by a State under section 204(a) has, in accordance with section 202(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 204(b). (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. 202. Establishment of selection pool of individuals eligible to serve as members of commission (a) Criteria for eligibility (1) In general An individual is eligible to serve as a member of an independent redistricting commission if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual’s appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 204, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual’s residence, mailing address, and telephone numbers. (ii) The individual’s race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual’s qualifications, and information relevant to the ability of the individual to be fair and impartial, including— (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; and (II) the individual’s employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual’s duties under this Act in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during the covered periods described in paragraph (3), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under paragraph (2). (2) Disqualifications An individual is not eligible to serve as a member of the commission if any of the following applies during any of the covered periods described in paragraph (3): (A) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) or an equivalent State or local law. (D) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ). (F) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ). (3) Covered periods described In this subsection, the term covered period means, with respect to the appointment of an individual to the commission, any of the following: (A) The 10-year period ending on the date of the individual’s appointment. (B) The period beginning on the date of the individual’s appointment and ending on August 14 of the next year ending in the numeral one. (C) The 10-year period beginning on the day after the last day of the period described in subparagraph (B). (4) Immediate family member defined In this subsection, the term immediate family member means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and submission of selection pool (1) In general Not later than June 15 of each year ending in the numeral zero, the nonpartisan agency established or designated by a State under section 204(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 204(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this Act, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall— (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State’s redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Interviews of applicants To assist the nonpartisan agency in developing the selection pool under this subsection, the nonpartisan agency shall conduct interviews of applicants under oath. If an individual is included in a selection pool developed under this section, all of the interviews of the individual shall be transcribed and the transcriptions made available on the nonpartisan agency’s website contemporaneously with release of the report under paragraph (6). (4) Determination of political party affiliation of individuals in selection pool For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(C), including by considering additional information provided by other persons with knowledge of the individual’s history of political activity. (5) Encouraging residents to apply for inclusion in pool The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (6) Report on establishment of selection pool At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish and post on the agency’s public website a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (7) Public comment on selection pool During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (6), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall post all such comments contemporaneously on the nonpartisan agency’s website and shall transmit them to the Select Committee on Redistricting immediately upon the expiration of such period. (8) Action by Select Committee (A) In general Not earlier than 15 days and not later than 21 days after receiving the selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 201(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a replacement selection pool in accordance with subsection (c). (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (c) Development of replacement selection pool (1) In general If the Select Committee on Redistricting rejects the selection pool submitted by the nonpartisan agency under subsection (b), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The replacement pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b), so long as at least one of the individuals in the replacement pool was not included in such rejected pool. (2) Action by Select Committee (A) In general Not later than 21 days after receiving the replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 201(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a second replacement selection pool in accordance with subsection (d). (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (d) Development of second replacement selection pool (1) In general If the Select Committee on Redistricting rejects the replacement selection pool submitted by the nonpartisan agency under subsection (c), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a second replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The second replacement selection pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b) or the rejected replacement selection pool submitted under subsection (c), so long as at least one of the individuals in the replacement pool was not included in either such rejected pool. (2) Action by Select Committee (A) In general Not earlier than 15 days and not later than 14 days after receiving the second replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 201(a)(1); or (ii) reject the pool. (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (C) Effect of rejection If the Select Committee on Redistricting rejects the second replacement pool from the nonpartisan agency under paragraph (1), the redistricting plan for the State shall be developed and enacted in accordance with title III. 203. Public notice and input (a) Public notice and input (1) Use of open and transparent process The independent redistricting commission of a State shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website (A) Features The commission shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) General information on the commission, its role in the redistricting process, and its members, including contact information. (ii) An updated schedule of commission hearings and activities, including deadlines for the submission of comments. (iii) All draft redistricting plans developed by the commission under subsection (b) and the final redistricting plan developed under subsection (c), including the accompanying written evaluation under subsection (d). (iv) All comments received from the public on the commission’s activities, including any proposed maps submitted under paragraph (1). (v) Live streaming of commission hearings and an archive of previous meetings, including any documents considered at any such meeting, which the commission shall post not later than 24 hours after the conclusion of the meeting. (vi) Access in an easily usable format to the demographic and other data used by the commission to develop and analyze the proposed redistricting plans, together with access to any software used to draw maps of proposed districts and to any reports analyzing and evaluating any such maps. (vii) A method by which members of the public may submit comments and proposed maps directly to the commission. (viii) All records of the commission, including all communications to or from members, employees, and contractors regarding the work of the commission. (ix) A list of all contractors receiving payment from the commission, together with the annual disclosures submitted by the contractors under section 201(c)(3). (x) A list of the names of all individuals who submitted applications to serve on the commission, together with the applications submitted by individuals included in any selection pool, except that the commission may redact from such applications any financial or other personally sensitive information. (B) Searchable format The commission shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (C) Deadline The commission shall ensure that the public internet site under this paragraph is operational (in at least a preliminary format) not later than January 1 of the year ending in the numeral one. (3) Public comment period The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time during the period— (A) which begins on January 1 of the year ending in the numeral one; and (B) which ends 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (4) Meetings and hearings in various geographic locations To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (5) Multiple language requirements for all notices The commission shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development and Publication of Preliminary Redistricting Plan (1) In general Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development (A) 3 hearings required Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 3 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Minimum period for notice prior to hearings Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public Any member of the public may submit maps or portions of maps for consideration by the commission. As provided under subsection (a)(2)(A), any such map shall be made publicly available on the commission’s website and open to comment. (3) Publication of preliminary plan (A) In general The commission shall post the preliminary redistricting plan developed under this subsection, together with a report that includes the commission’s responses to any public comments received under subsection (a)(3), on the website maintained under subsection (a)(2), and shall provide for the publication of each such plan in newspapers of general circulation throughout the State. (B) Minimum period for notice prior to publication Not fewer than 14 days prior to the date on which the commission posts and publishes the preliminary plan under this paragraph, the commission shall notify the public through the website maintained under subsection (a)(2), as well as through publication of notice in newspapers of general circulation throughout the State, of the pending publication of the plan. (4) Minimum post-publication period for public comment The commission shall accept and consider comments from the public (including through the website maintained under subsection (a)(2)) with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, for not fewer than 30 days after the date on which the plan is published. (5) Post-publication hearings (A) 3 hearings required After posting and publishing the preliminary redistricting plan under paragraph (3), the commission shall hold not fewer than 3 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Minimum period for notice prior to hearings Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan (1) In general After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall provide the following information to the public through the website maintained under subsection (a)(2), as well as through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission’s reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment Subject to paragraph (5), the final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which— (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 202(b)(1) approves such final plan. (5) Review by Department of Justice (A) Requiring submission of plan for review The final redistricting plan shall not be deemed to be enacted into law unless the State submits the plan to the Department of Justice for an administrative review to determine if the plan is in compliance with the criteria described in paragraphs (2) and (3) of section 103(a). (B) Termination of review The Department of Justice shall terminate any administrative review under subparagraph (A) if, during the 45-day period which begins on the date the plan is enacted into law, an action is filed in a United States district court alleging that the plan is not in compliance with the criteria described in paragraphs (2) and (3) of section 103(a). (d) Written evaluation of plan against external metrics The independent redistricting commission shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 103(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Timing The independent redistricting commission of a State may begin its work on the redistricting plan of the State upon receipt of relevant population information from the Bureau of the Census, and shall approve a final redistricting plan for the State in each year ending in the numeral one not later than 8 months after the date on which the State receives the State apportionment notice or October 1, whichever occurs later. 204. Establishment of related entities (a) Establishment or Designation of Nonpartisan Agency of State Legislature (1) In general Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State in accordance with section 201. (2) Nonpartisanship described For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency— (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Training of members appointed to commission Not later than January 15 of a year ending in the numeral one, the nonpartisan agency established or designated under this subsection shall provide the members of the independent redistricting commission with initial training on their obligations as members of the commission, including obligations under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) and other applicable laws. (4) Regulations The nonpartisan agency established or designated under this subsection shall adopt and publish regulations, after notice and opportunity for comment, establishing the procedures that the agency will follow in fulfilling its duties under this Act, including the procedures to be used in vetting the qualifications and political affiliation of applicants and in creating the selection pools, the randomized process to be used in selecting the initial members of the independent redistricting commission, and the rules that the agency will apply to ensure that the agency carries out its duties under this Act in a maximally transparent, publicly accessible, and impartial manner. (5) Designation of existing agency At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this Act, so long as the agency meets the requirements for nonpartisanship under this subsection. (6) Termination of agency specifically established for redistricting If a State does not designate an existing agency under paragraph (5) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (7) Preservation of records The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (8) Deadline The State shall meet the requirements of this subsection not later than each October 15 of a year ending in the numeral nine. (b) Establishment of Select Committee on Redistricting (1) In general Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed for the State by the nonpartisan agency pursuant to section 202(b). (2) Appointment The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent statewide election for Federal office held in the State. (4) Deadline The State shall meet the requirements of this subsection not later than each January 15 of a year ending in the numeral zero. (5) Rule of construction Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. 205. Report on diversity of memberships of independent redistricting commissions Not later than May 15 of a year ending in the numeral one, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this title with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 201(a)(2)(B) and 202(b)(2). III Role of Courts in Development of Redistricting Plans 301. Enactment of plan developed by 3-judge court (a) Development of Plan If any of the triggering events described in subsection (f) occur with respect to a State— (1) not later than December 15 of the year in which the triggering event occurs, the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall develop and publish the congressional redistricting plan for the State; and (2) the final plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final plan, as described in subsection (d). (b) Applicable venue described For purposes of this section, the applicable venue with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence of the occurrence of a triggering event described in subsection (f). (c) Procedures for Development of Plan (1) Criteria In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the independent redistricting commission of the State under section 103. (2) Access to information and records of commission The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the independent redistricting commission of the State in carrying out its duties under this Act. (3) Hearing; public participation In developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (d) Publication of plan (1) Public availability of initial plan Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used by the court to develop the plans and a written evaluation of the plans against external metrics (as described in section 203(d)). (2) Publication of final plan At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (e) Use of interim plan In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (f) Triggering Events Described The triggering events described in this subsection are as follows: (1) The failure of the State to establish or designate a nonpartisan agency of the State legislature under section 204(a) prior to the expiration of the deadline set forth in section 204(a)(8). (2) The failure of the State to appoint a Select Committee on Redistricting under section 204(b) prior to the expiration of the deadline set forth in section 204(b)(4). (3) The failure of the Select Committee on Redistricting to approve any selection pool under section 202 prior to the expiration of the deadline set forth for the approval of the second replacement selection pool in section 202(d)(2). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State prior to the expiration of the deadline set forth in section 203(e). 302. Special rule for redistricting conducted under order of Federal court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), section 203 shall apply with respect to the redistricting, except that the court may revise any of the deadlines set forth in such section if the court determines that a revision is appropriate in order to provide for a timely enactment of a new redistricting plan for the State. IV Administrative and Miscellaneous Provisions 401. Payments to States for carrying out redistricting (a) Authorization of payments Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall, subject to the availability of appropriations provided pursuant to subsection (e), make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out congressional redistricting in the State. (c) No payment to states with single member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Submission of Selection Pool as Condition of Payment (1) Requirement Except as provided in paragraph (2), the Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 204(a) has, in accordance with section 202(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 204(b). (2) Exception for States with existing commissions In the case of a State which, pursuant to section 101(c), is exempt from the requirements of section 101(a), the Commission may not make a payment to the State under this section until the State certifies to the Commission that its redistricting commission meets the requirements of section 101(c). (3) Exception for state of iowa In the case of the State of Iowa, the Commission may not make a payment to the State under this section until the State certifies to the Commission that it will carry out congressional redistricting pursuant to the State’s apportionment notice in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, as provided under the law described in section 101(d). (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 402. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action in an appropriate district court for such relief as may be appropriate to carry out this Act. (2) Availability of private right of action Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of this Act may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. For purposes of this section, the applicable venue is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the person who brings the civil action. (b) Expedited Consideration In any action brought forth under this section, the following rules shall apply: (1) The action shall be filed in the district court of the United States for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. (2) The action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (3) The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with respect to the same State redistricting plan. (4) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (5) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (6) It shall be the duty of the district court and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies (1) Adoption of replacement plan (A) In general If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this Act— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 301; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court may allow a State to develop and propose a remedial congressional redistricting plan for consideration by the court, and such remedial plan may be developed by the State by adopting such appropriate changes to the State’s enacted plan as may be ordered by the court. (B) Special rule in case final adjudication not expected within 3 months of election If final adjudication of an action under this section is not reasonably expected to be completed at least three months prior to the next regularly scheduled election for the House of Representatives in the State, the district court shall, as the balance of equities warrant,— (i) order development, adoption, and use of an interim congressional redistricting plan in accordance with section 301(e) to address any claims under this Act for which a party seeking relief has demonstrated a substantial likelihood of success; or (ii) order adjustments to the timing of primary elections for the House of Representatives, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (2) No injunctive relief permitted Any remedial or replacement congressional redistricting plan ordered under this subsection shall not be subject to temporary or preliminary injunctive relief from any court unless the record establishes that a writ of mandamus is warranted. (3) No stay pending appeal Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this Act, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. (d) Attorney’s Fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws (1) Rights and remedies additional to other rights and remedies The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) Voting Rights Act of 1965 Nothing in this Act authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (f) Legislative privilege No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this Act. 403. State apportionment notice defined In this Act, the State apportionment notice means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 404. No effect on elections for State and local office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 405. Effective date This Act and the amendments made by this Act shall apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030 or any succeeding decennial census. V Requirements for Redistricting Carried Out Pursuant to 2020 Census A Application of Certain Requirements for Redistricting Carried out Pursuant to 2020 Census 511. Application of certain requirements for redistricting carried out pursuant to 2020 Census Notwithstanding section 405, titles I, III, and IV of this Act and the amendments made by such titles shall apply with respect to congressional redistricting carried out pursuant to the decennial census conducted during 2020 in the same manner as such titles and the amendments made by such title apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030, except as follows: (1) Except as provided in subsection (c) and subsection (d) of section 101, the redistricting shall be conducted in accordance with— (A) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State in accordance with subtitle B; or (B) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court in accordance with section 301. (2) If any of the triggering events described in section 512 occur with respect to the State, the United States district court for the applicable venue shall develop and publish the redistricting plan for the State, in accordance with section 301, not later than March 15, 2022. (3) For purposes of section 401(d)(1), the Election Assistance Commission may not make a payment to a State under such section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 524(a) has, in accordance with section 522(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 524(b). 512. Triggering events For purposes of the redistricting carried out pursuant to the decennial census conducted during 2020, the triggering events described in this section are as follows: (1) The failure of the State to establish or designate a nonpartisan agency under section 524(a) prior to the expiration of the deadline under section 524(a)(6). (2) The failure of the State to appoint a Select Committee on Redistricting under section 524(b) prior to the expiration of the deadline under section 524(b)(4). (3) The failure of the Select Committee on Redistricting to approve a selection pool under section 522(b) prior to the expiration of the deadline under section 522(b)(7). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State under section 523 prior to the expiration of the deadline under section 523(e). B Independent Redistricting Commissions for Redistricting Carried Out Pursuant to 2020 Census 521. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census (a) Appointment of members (1) In general The nonpartisan agency established or designated by a State under section 524(a) shall establish an independent redistricting commission under this title for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than November 5, 2021, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 522(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 522(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 522(b)(1)(C)). (B) Not later than November 15, 2021, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 522(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 522(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 522(b)(1)(C)). (2) Rules for appointment of members appointed by first members (A) Affirmative vote of at least 4 members The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1) shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State’s redistricting plan. (3) Removal A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 522(a). (b) Procedures for Conducting Commission Business (1) Requiring majority approval for actions The independent redistricting commission of a State under this title may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least— (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 522(b)(1). (2) Quorum A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors (1) Staff Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State under this title shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 522(b)(1). (3) Goal of impartiality The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner. (d) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. 522. Establishment of selection pool of individuals eligible to serve as members of commission (a) Criteria for Eligibility (1) In general An individual is eligible to serve as a member of an independent redistricting commission under this title if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual’s appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 524, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual’s residence, mailing address, and telephone numbers. (ii) The individual’s race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual’s qualifications, and information relevant to the ability of the individual to be fair and impartial, including— (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; and (II) the individual’s employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual’s duties under this Act in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during such covered period as the State may establish with respect to any of the subparagraphs of paragraph (2), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under such paragraph. (2) Disqualifications An individual is not eligible to serve as a member of the commission if any of the following applies with respect to such covered period as the State may establish: (A) The individual or an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) or an equivalent State or local law. (D) The individual or an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ). (F) The individual or an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ). (3) Immediate family member defined In this subsection, the term immediate family member means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and Submission of Selection Pool (1) In general Not later than October 15, 2021, the nonpartisan agency established or designated by a State under section 524(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 524(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this title, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent Statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent Statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall— (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State’s redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Determination of political party affiliation of individuals in selection pool For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(C), including by considering additional information provided by other persons with knowledge of the individual’s history of political activity. (4) Encouraging residents to apply for inclusion in pool The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (5) Report on establishment of selection pool At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (6) Public comment on selection pool During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (5), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall transmit all such comments to the Select Committee on Redistricting immediately upon the expiration of such period. (7) Action by Select Committee (A) In general Not later than November 1, 2021, the Select Committee on Redistricting shall— (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 521(a)(1); or (ii) reject the pool, in which case the redistricting plan for the State shall be developed and enacted in accordance with title III. (B) Inaction deemed rejection If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. 523. Criteria for redistricting plan; public notice and input (a) Public notice and input (1) Use of open and transparent process The independent redistricting commission of a State under this title shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Public comment period The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time until 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (3) Meetings and hearings in various geographic locations To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (4) Multiple language requirements for all notices The commission shall make each notice which is required to be published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development and Publication of Preliminary Redistricting Plan (1) In general Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State under this title shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development (A) 2 hearings required Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 2 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Notice prior to hearings The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public Any member of the public may submit maps or portions of maps for consideration by the commission. (3) Publication of preliminary plan The commission shall provide for the publication of the preliminary redistricting plan developed under this subsection, including in newspapers of general circulation throughout the State, and shall make publicly available a report that includes the commission’s responses to any public comments received under this subsection. (4) Public comment after publication The commission shall accept and consider comments from the public with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, until 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law. (5) Post-publication hearings (A) 2 hearings required After publishing the preliminary redistricting plan under paragraph (3), and not later than 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law, the commission shall hold not fewer than 2 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Notice prior to hearings The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan (1) In general After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State under this title shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall make the following information available to the public, including through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission’s reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment The final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which— (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 522(b)(1) approves such final plan. (d) Written evaluation of plan against external metrics The independent redistricting commission of a State under this title shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 103(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Deadline The independent redistricting commission of a State under this title shall approve a final redistricting plan for the State not later than February 15, 2022. 524. Establishment of related entities (a) Establishment or Designation of Nonpartisan Agency of State Legislature (1) In general Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State under this title in accordance with section 521. (2) Nonpartisanship described For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency— (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Designation of existing agency At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this Act, so long as the agency meets the requirements for nonpartisanship under this subsection. (4) Termination of agency specifically established for redistricting If a State does not designate an existing agency under paragraph (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (5) Preservation of records The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (6) Deadline The State shall meet the requirements of this subsection not later than September 1, 2021. (b) Establishment of Select Committee on Redistricting (1) In general Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under this title under section 522. (2) Appointment The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent Statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent Statewide election for Federal office held in the State. (4) Deadline The State shall meet the requirements of this subsection not later than September 15, 2021. (5) Rule of construction Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. 525. Report on diversity of memberships of independent redistricting commissions Not later than February 15, 2022, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this title with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 521(a)(2)(B) and 522(b)(2).
August 7, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2670pcs/xml/BILLS-117s2670pcs.xml |
117-s-2671 | II Calendar No. 120 117th CONGRESS 1st Session S. 2671 IN THE SENATE OF THE UNITED STATES August 6 (legislative day, August 5), 2021 Mr. Schumer introduced the following bill; which was read the first time August 7, 2021 Read the second time and placed on the calendar A BILL To amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, Super PACs and other entities, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 101. Clarification of prohibition on participation by foreign nationals in election-related activities. Sec. 102. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 103. Audit and report on illicit foreign money in Federal elections. Sec. 104. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 105. Disbursements and activities subject to foreign money ban. Sec. 106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. TITLE II—Reporting of Campaign-Related Disbursements Sec. 201. Reporting of campaign-related disbursements. Sec. 202. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 203. Effective date. TITLE III—Other Administrative Reforms Sec. 301. Petition for certiorari. Sec. 302. Judicial review of actions related to campaign finance laws. I Closing Loopholes Allowing Spending by Foreign Nationals in Elections 101. Clarification of prohibition on participation by foreign nationals in election-related activities (a) Clarification of prohibition Section 319(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a) ) is amended— (1) by striking or at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person’s Federal or non-Federal election-related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee. . (b) Certification of Compliance Section 319 of such Act ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Certification of compliance required prior to carrying out activity Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year. . (c) Effective date The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 102. Clarification of application of foreign money ban to certain disbursements and activities (a) Application to disbursements to Super PACs and other persons Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (2) by striking As used in this section, the term foreign national means and inserting the following: Definitions .—For purposes of this section— (1) Foreign national The term ; (3) by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and (4) by adding at the end the following new paragraph: (2) Contribution and donation For purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)). . (b) Conditions under which corporate PACs may make contributions and expenditures Section 316(b) of such Act ( 52 U.S.C. 30118(b) ) is amended by adding at the end the following new paragraph: (8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year: (A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States. (B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act. (C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund. (D) Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities. . 103. Audit and report on illicit foreign money in Federal elections (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by inserting after section 319 the following new section: 319A. Audit and report on disbursements by foreign nationals (a) Audit (1) In general The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle. (2) Procedures In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. (b) Report Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing— (1) results of the audit required by subsection (a)(1); (2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and (5) recommendations to address the presence of illicit foreign money in elections, as appropriate. (c) Definitions As used in this section: (1) The term Federal election cycle means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. (2) The term illicit foreign money means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section. . (b) Effective date The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. 104. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ), as amended by section 102(a), is amended by adding at the end the following new paragraph: (3) Federal, State, or local election The term Federal, State, or local election includes a State or local ballot initiative or referendum. . (b) Effective date The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year. 105. Disbursements and activities subject to foreign money ban (a) Disbursements described Section 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ), as amended by section 101, is amended— (1) by striking or at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: (C) an expenditure; (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); (H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform, that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national; (I) a disbursement by a covered foreign national to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or (J) a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(3)); . (b) Online platform Section 319(b) of such Act ( 51 U.S.C. 30121(b) ), as amended by sections 102(a) and 104, is amended by adding at the end the following new paragraphs: (4) Online platform (A) In general Subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Qualified political advertisement For purposes of this paragraph, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (i) is made by or on behalf of a candidate; or (ii) communicates a message relating to any political matter of national importance, including— (I) a candidate; (II) any election to Federal office; or (III) a national legislative issue of public importance. (D) Third-party advertising vendor defined For purposes of this paragraph, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (5) Covered foreign national (A) In general The term covered foreign national means— (i) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ) that is a government of a foreign country or a foreign political party; (ii) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in clause (i) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in clause (i); or (iii) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause (i). (B) Clarification regarding application to citizens of the United States In the case of a citizen of the United States, clause (ii) of subparagraph (A) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described clause (i) of subparagraph (A). . (c) Effective date The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. 106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals (a) Prohibition Chapter 29 of title 18, United States Code, is amended by adding at the end the following: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals (a) Offense It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both. . (b) Table of sections The table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 611 the following: 612. Establishment of corporation to conceal election contributions and donations by foreign nationals. . II Reporting of Campaign-Related Disbursements 201. Reporting of campaign-related disbursements (a) Disclosure requirements for corporations, labor organizations, and certain other entities (1) In general Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (C) Threat of harassment or reprisal The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions For purposes of this section: (A) Beneficial owner defined (i) In general Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions The term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Disclosure date The term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (C) Election reporting cycle The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign-related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made. (D) Payment The term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined (1) In general In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A Federal judicial nomination communication. (E) A covered transfer. (2) Applicable public communications (A) In general The term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (3) Federal judicial nomination communication (A) In general The term Federal judicial nomination communication means any communication— (i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (4) Intent not required A disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; (D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or (E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates (A) Special rule A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements Nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements. . (2) Conforming amendment Section 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . (b) Coordination with FinCEN (1) In general The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this section. (2) Report Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. 202. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers Section 319(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ), as amended by section 102, is amended— (1) by striking includes any disbursement and inserting includes— (A) any disbursement ; (2) by striking the period at the end and inserting ; and , and (3) by adding at the end the following new subparagraph: (B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement. . 203. Effective date The amendments made by this title shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. III Other Administrative Reforms 301. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 302. Judicial review of actions related to campaign finance laws (a) In general Title IV of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30141 et seq. ) is amended by inserting after section 406 the following new section: 407. Judicial review (a) In general If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986. . (b) Conforming amendments (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (3) Section 310 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30110 ) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 ( 52 U.S.C. 30110 note) is repealed. (c) Effective date The amendments made by this section shall apply to actions brought on or after January 1, 2021. IV Severability 401. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.
August 7, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2671pcs/xml/BILLS-117s2671pcs.xml |
117-s-2672 | II 117th CONGRESS 1st Session S. 2672 IN THE SENATE OF THE UNITED STATES August 7, 2021 Mr. Menendez (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the Department of Housing and Urban Development to transform neighborhoods of extreme poverty into sustainable, mixed-income neighborhoods with access to economic opportunities, by revitalizing severely distressed housing, and investing and leveraging investments in well-functioning services, educational opportunities, public assets, public transportation, and improved access to jobs, and for other purposes.
1. Short title This Act may be cited as the Choice Neighborhoods Initiative Act of 2021 . 2. Definitions In this Act: (1) Affordable housing The term affordable housing includes— (A) public housing assisted under section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ); (B) assisted housing; (C) housing assisted under an affordable housing program administered by the Secretary of Agriculture through Rural Housing Service; (D) rental housing that utilizes tax credits under section 42 of the Internal Revenue Code of 1986; (E) affordable rental housing owned, developed, or assisted through a State or local government or State housing finance agency, including State-assisted public housing, which is subject to a long-term affordability restriction requiring occupancy by low-income households; and (F) private housing for low- and moderate-income households and for which the Secretary requires the owner or purchaser of the project to maintain affordability for not less than 20 years in accordance with use restrictions under regulations issued by the Secretary, which restrictions shall be— (i) contained in a legally enforceable document recorded in the appropriate records; and (ii) consistent with the long-term viability of the project as rental or homeownership housing. (2) Applicant The term applicant means an eligible entity under section 4(a) that submits an application for a grant under this Act pursuant to section 7. (3) Assisted housing The term assisted housing means rental housing assisted under— (A) section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); (B) section 221(d)(3) or 236 of the National Housing Act ( 12 U.S.C. 1715l , 1715z–1); (C) section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); or (D) section 811 of Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ). (4) Community development corporation The term community development corporation has the meaning given the term in section 204(b) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–11a(b)). (5) Critical community improvements The term critical community improvements means— (A) development or improvement of community facilities to promote upward mobility, self-sufficiency, or improved quality of life for residents of the neighborhood, such as construction or rehabilitation of parks and community gardens, environmental improvements, or site remediation at affected sites; or (B) activities to promote economic development, such as development or improvement of transit, retail, community financial institutions, public services, facilities, assets, or other community resources. (6) Elementary school; secondary school The terms elementary school and secondary school have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Extreme poverty The term extreme poverty means, with respect to a neighborhood, that the neighborhood— (A) has a high percentage of residents who are— (i) estimated to be in poverty; or (ii) have extremely low incomes based on the most recent data collected by the Bureau of the Census; and (B) is experiencing distress related to— (i) per capita crime rates over 3 or more years that are significantly higher than the per capita crime rates of the city or county in which the neighborhood is located; (ii) high rates of vacant, abandoned, or substandard homes relative to the city or county as a whole; (iii) a low-performing public school; or (iv) other such factors as determined by the Secretary that further the purposes of this Act. (8) Families; public housing; public housing agency The terms families , public housing , and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (9) Grantee The term grantee means an eligible entity under section 4 that is awarded a grant under this Act, pursuant to selection under section 7. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (11) Local government The term local government has the meaning given the term unit of general local government in section 102(a)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a)(1) ). (12) Long-term viability The term long-term viability means, with respect to a neighborhood, that the neighborhood is sustainable on an economic, education, and environmental basis. (13) Neighborhood The term neighborhood means an area that— (A) has distinguishing characteristics; (B) represents the geographical distribution of targeted populations; and (C) is not exclusive of areas that are integrally related to the composition of the community. (14) Secretary The term Secretary means the Secretary of Housing and Urban Development. (15) Severely distressed housing The term severely distressed housing means a public or assisted housing project (or building in a project) that— (A) (i) has been certified, by an engineer or architect licensed by a State licensing board, as meeting criteria for physical distress that indicate that the project requires major redesign, reconstruction, or redevelopment, or partial or total demolition, to correct serious deficiencies in the original design (including inappropriately high-population density), deferred maintenance, physical deterioration or obsolescence of major systems, and other deficiencies in the physical plant of the project; and (ii) is a significant contributing factor to the physical decline of and disinvestment by public and private entities in the surrounding neighborhood, as documented by evidence of non-physical distress, such as extreme poverty, including census data and past surveys of neighborhood stability conducted by an applicant or co-applicant or their qualified designee; or (B) was a project described in subparagraph (A) that has been legally vacated or demolished, but for which the Secretary has not yet provided replacement housing assistance other than tenant-based assistance. (16) Significant The term significant means, with respect to an amendment or change to a transformation plan, that the amendment or change— (A) changes the use of 20 percent or more of the total amount of the grant provided under this Act from use for 1 activity to use for another; (B) eliminates an activity that is a required activity that, notwithstanding the change, would otherwise be carried out under the plan; or (C) significantly changes the scope, location, or beneficiaries of the project carried out under the plan. (17) Supportive services The term supportive services includes all activities that will promote upward mobility, self-sufficiency, or improved quality of life, including— (A) such activities as literacy training, remedial and continuing education, job training, financial literacy instruction, daycare, youth services, aging-in-place, physical and mental health services, and other programs for which such residents demonstrate need; (B) case management and service coordination services, including providing coordinators for the Family Self-Sufficiency program under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ) and the Resident Opportunity and Supportive Services program under section 34 of such Act ( 42 U.S.C. 1437z–6 ); and (C) technical assistance to enable residents to access programs from other key agencies and local service providers in order to help residents be stably housed, improve outcomes for children, and enhance adults’ capacity for self-sufficiency and economic security, and services for the elderly and persons with disabilities to maintain independence. 3. Grant authority The Secretary may make competitive grants to eligible entities that submit transformation plans for eligible neighborhoods that will further the purposes of this Act in eligible neighborhoods. 4. Eligible entities (a) Primary applicants (1) In general A grant under this Act may be made only to a local government, a public housing agency, or a nonprofit entity that owns a major housing project that is proposed to be assisted under a grant under this Act, either as a sole applicant or as a co-applicant with another local government or public housing agency or with an entity specified in subsection (b). (2) Nonprofit entities A nonprofit entity may be a sole applicant under paragraph (1) only if the application has the support of a local government. (b) Co-Applicants (1) Community development corporations A community development corporation may, at the request of an entity specified in subsection (a), be a co-applicant for a grant under this Act. (2) For-profit entities A for-profit entity that owns a major housing project that is proposed to be assisted under a grant under this Act made in fiscal year 2022 or thereafter and that has an established presence in the community may be a co-applicant for a grant under this Act. (3) Required co-applicants A grant under this Act may not be made for an application that will involve transformation of a major public housing project unless the public housing agency having jurisdiction with respect to the project is the sole applicant or a co-applicant for the application. (c) Partners Nothing in this section may be construed to limit the ability of an applicant to partner with any entity in carrying out activities with a grant under this Act. 5. Eligible neighborhoods A grant under this Act may be made only for activities to be conducted in neighborhoods that have— (1) a concentration of extreme poverty; and (2) housing that is severely distressed housing. 6. Authorized activities (a) In general Amounts from a grant under this Act may be used only for transformational programs and activities in accordance with a transformation plan approved under section 7 that will further the purposes of this Act. (b) Required activities Each transformation plan submitted pursuant to section 7 and implemented by a grantee under this Act shall include the following activities: (1) The transformation of housing through rehabilitation, preservation, or demolition and replacement of severely distressed housing projects, expansion of affordable housing opportunities, or any combination thereof, which may incorporate energy-efficient design principles. (2) The one-for-one replacement of any public and assisted housing units demolished or disposed of in accordance with the requirements under section 9. (3) Activities that promote economic self-sufficiency of residents of the revitalized housing and of the surrounding neighborhood. (4) Activities that preserve affordable housing in the neighborhood and other activities necessary to ensure that existing public and assisted housing residents have access to the benefits of the neighborhood transformation. (5) Activities that demonstrate that each resident of housing assisted by the grant who is displaced by the transformation plan and who wishes to return to the revitalized on-site housing in the neighborhood or to replacement housing outside of the neighborhood, can return, and shall be provided a preference in accordance with the program requirements under section 8. (6) Activities that meet the program requirements for replacement of housing units under section 9. (7) Activities that meet the fair housing program requirements under section 10(a) and the accessibility requirements under section 10(b). (8) Appropriate service coordination and supportive services. (9) Resident involvement, as described in section 8, in planning and implementation of the transformation plan, including reasonable steps to help ensure meaningful participation for residents who, as a result of their national origin, are limited in their English language proficiency. (10) Monitoring, under section 8(g), of residents relocated during redevelopment throughout the term of the grant or until full occupancy of replacement housing, whichever is completed later. (11) Relocation assistance, including tenant-based rental assistance renewable under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), mobility or relocation counseling over multiple years, reasonable moving costs, and security deposits. (12) Establishment of links to local education efforts, as described in subsection (c)(3). (13) Activities to comply with section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ). (c) Eligible activities Amounts from a grant under this Act may be used for the following activities: (1) Construction, acquisition, or rehabilitation of affordable housing, which may include energy efficiency improvements and sustainable design features for that housing. (2) Acquisition or disposition of residential properties, including properties subject to a mortgage previously insured, and foreclosed upon, by the Federal Housing Administration, and demolition. (3) Outreach to local educators, and engaging in local community planning, to help increase access to educational opportunities, a continuum of effective community services, and strong family supports, and to improve the educational and life outcomes that have a significant benefit to residents of housing assisted under this Act, including children and youth and, as appropriate, for adult residents, including the elderly or persons with disabilities. (4) Providing supportive services that have a significant benefit to residents of housing assisted under this Act, primarily focused on services described in subparagraphs (B) and (C) of section 2(17). (5) Rehabilitation and physical improvement of community facilities that are primarily intended to facilitate the delivery of community and supportive services that have a significant benefit to residents of housing assisted by the grant and residents of off-site replacement housing. (6) Work incentives designed to help low-income residents assisted by the housing under this Act access jobs and move toward self-sufficiency. (7) Partnering with employers and for-profit and nonprofit organizations to create jobs and job training opportunities that have a significant benefit to residents of housing assisted under this Act. (8) Activities that promote sustainable housing by incorporating principles of sustainable design and development, including energy efficiency. (9) Critical community improvements undertaken at sites that are adjacent to, or in the immediate vicinity of, housing assisted under this Act. (10) Loss reserves to protect residents of housing assisted by the grant and continue the project in the case of default, foreclosure, or any other adverse financial event. (d) Additional plan The Secretary shall require any grantee under this Act that will provide benefits under paragraph (3), (4), (5), or (7) of subsection (c) to any residents who are not living in housing assisted with a grant under this Act to submit to the Secretary a plan identifying how such services will be provided. (e) Eligible methods of support Activities carried out with amounts from a grant under this Act may be carried out through— (1) endowments or revolving loan funds; or (2) land assembly, land banking, and other activities, except that no amounts made available for use under this Act may be used to acquire any property by means of the exercise of the power of eminent domain. (f) Funding limitations (1) School buildings No amounts from grant under this Act may be used for construction or rehabilitation of an elementary school or secondary school or an institution of higher education, except that such amounts may be used to construct common infrastructure that is shared by such a school or institution and by housing assisted under this Act, or community facilities authorized under subsection (c)(5), but only if costs are shared on a pro rata basis and the grantee certifies, and the Secretary determines, that such use of funds will not promote or further segregation. (2) Non-housing activities and supportive services For each grant under this Act, the grantee shall comply with each of the following requirements: (A) Of the amount of the grant, not more than 25 percent may be used for eligible activities under paragraphs (3) through (9) of subsection (c). (B) Of the amount of the grant, not more than 5 percent may be used for eligible activities under paragraphs (8) and (9) of subsection (c). (3) Consultation With respect to activities assisted pursuant to paragraph (2), the Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Energy, the Secretary of Transportation, the Secretary of Education, and the Attorney General in identifying funding resources that may be provided to supplement amounts from grants under this Act. 7. Submission and selection of transformation plans (a) Transformation plan requirements To be eligible for a grant under this Act, an eligible entity shall submit to the Secretary, at such time in accordance with procedures as the Secretary shall prescribe, an application in the form of a transformation plan that— (1) demonstrates how the transformation plan will achieve the desired priority outcomes of transforming a distressed neighborhood of extreme poverty into a mixed-income neighborhood with high quality, safe, and affordable housing (including the one-for-one replacement of any public or assisted housing units demolished or disposed of under the transformation plan), economic opportunities, well-functioning services, public assets, access to jobs, public transportation, and effective education programs and public schools, including charter schools and other autonomous public schools; (2) demonstrates how the required activities under section 6(b) will be carried out, including a detailed description of the housing transformation activities under paragraphs (1) and (2) of such section; (3) describes the other eligible activities under section 6(c) that will be carried out in support of the housing transformation; (4) defines desired outcomes of the strategy, how residents of housing assisted under this Act will benefit, describes the challenges they face, and the evidence base that informs the proposed strategies that will result in the desired outcomes for the community and residents; (5) includes a long-term affordability plan, developed in collaboration with residents of the public and assisted housing assisted under this Act, that describes how the grantee will maintain affordable housing in the neighborhood over the next 50 years or longer, including affordability provisions relating to dwelling units provided using assistance under the grant under this Act, and an agreement by the applicant to update the plan every 5 years during such period; and (6) includes such other information as the Secretary shall, by regulation, prescribe. (b) Selection criteria The Secretary shall establish criteria for the award of grants under this Act, with the greatest consideration given to applicant and neighborhood need as identified in section 5, and which shall include the extent to which the transformation plan— (1) demonstrates the ability of the plan to further the purposes of this Act; (2) demonstrates inclusive local planning with input from local governments, housing owners and providers, educators, residents of housing assisted under this Act, local community organizations, public schools, early learning in programs, health service organizations, and community stakeholders in the development and implementation of a sustainable revitalization program; (3) includes efforts to coordinate multiple funding resources, including public, private, and philanthropic funding, and emphasizes collaboration between local governments, early learning programs and public schools, or a public housing agency, or all 3; (4) includes current data showing that the neighborhood targeted for revitalization is in need of and can benefit from the authorized activities described in section 6 and proposed in the transformation plan; (5) demonstrates the capability and record of the applicant and the partners of the applicant for managing housing redevelopment or modernization projects, successfully working with public and assisted housing residents during the planning and redesign process, and meeting performance benchmarks; (6) demonstrates that sustainable building and energy efficient design principles are incorporated or will be incorporated in the activities conducted pursuant to the plan; (7) demonstrates that the applicant has plans to have, within a reasonable time, improved access to public transportation in the neighborhood that provides access to economic opportunities and commercial and public services; (8) demonstrates that the residents of revitalized housing developments will have, to the extent possible, improved access to high-quality educational opportunities, including early learning and effective elementary and secondary public schools, in or outside of the neighborhood; (9) demonstrates that the transformation plan includes the provision of appropriate supportive services and activities that promote economic self-sufficiency of residents of housing assisted under the grant, and a plan to sustain those services; (10) demonstrates that the transformation plan provides support for residents displaced as a result of the revitalization of the project, including assistance in obtaining housing in areas with low concentrations of poverty in a manner that does not increase racial segregation; (11) demonstrates that sufficient housing opportunities are available in the neighborhood to be revitalized and in low-poverty areas to accommodate displaced residents, in a manner that does not increase racial segregation; (12) includes a well-documented assessment of the number of households with special needs for ongoing supportive services residing in the public or assisted housing properties that are the target of the grant and an effective plan to address those needs; (13) demonstrates the compliance with the requirements of section 9, regarding one-for-one replacement of public and assisted housing units; (14) demonstrates how the applicant will use indicators of housing redevelopment, neighborhood quality, resident well-being, and other outcomes to measure success, manage program implementation, and engage stakeholders, consistent with requirements established by the Secretary; (15) demonstrates, if feasible, phased redevelopment that provides for demolition and construction of dwelling units in phases, to limit disruptions to residents; (16) demonstrates that the neighborhood will improve its long-term viability through the revitalization of severely distressed housing, improved access to economic opportunities, improved investment and leveraging in well-functioning services, and improved education programs, public assets, public transportation and access to jobs; and (17) demonstrates compliance with any other factors and priorities that further the purposes of this Act, as the Secretary may, by regulation, prescribe. 8. Right of residents to return; relocation (a) Determination of resident preferences An applicant shall, not later than 30 days before submitting an application to the Secretary for a grant under this Act— (1) hold a community meeting and provide information to all residents who occupy a dwelling unit in public housing or assisted housing subject to the transformation plan of— (A) the intent of the applicant to submit an application for a grant under this Act; (B) their right to return and relocation housing options; and (C) all planned replacement housing units; and (2) solicit from each resident information regarding the desire of the resident to return to the replacement housing units constructed upon the original public or assisted housing location, interest in moving to other neighborhoods or communities, or interest in retaining a voucher for rental assistance. (b) Resident involvement (1) In general Each transformation plan assisted under this Act shall provide opportunities for the active involvement and participation of, and consultation with, residents of the public and assisted housing that is subject to the transformation plan during the planning process for the transformation plan, including prior to submission of the application, and during all phases of the planning and implementation, which opportunities— (A) may include participation of members of any resident council or tenant organization, but may not be limited to those members; and (B) shall include— (i) all segments of the population of residents of the public and assisted housing that is subject to the revitalization plan, including single parent-headed households, the elderly, young employed and unemployed adults, teenage youth, and disabled persons; and (ii) a process that provides opportunity for comment on specific proposals for redevelopment, any demolition and disposition involved, and any proposed significant amendments or changes to the transformation plan. (2) Public meeting The Secretary may not make a grant under this Act to an applicant unless the applicant has convened and conducted a public meeting regarding the transformation plan, including the one-for-one replacement to occur under the plan, not later than 30 days before submission of the application for the grant under this section for the plan, at a time and location that is convenient for residents of the public and assisted housing subject to the plan. (3) Significant amendments or changes to plan An applicant may not carry out any significant amendment or change to a transformation plan unless— (A) the applicant has convened and conducted a public meeting regarding the significant amendment or change at a time and location that is convenient for residents of the public and assisted housing subject to the plan and has provided each household occupying a dwelling unit in the public and assisted housing with written notice of the meeting not less than 10 days before such meeting; (B) after the meeting held under subparagraph (A), the applicant consults with the households occupying dwelling units in the public and assisted housing that are subject to, or to be subject to the plan, and the agency submits a report to the Secretary describing the results of the consultation; and (C) the Secretary approves the significant amendment or change. (c) Right To return The Secretary may not approve a transformation plan under this Act unless the plan provides that each resident of public or assisted housing displaced by activities under the transformation plan who wishes to return to the on-site or off-site replacement housing provided under the plan may return if the resident— (1) was in compliance with the lease at the time of departure from the housing subject to rehabilitation or demolition; and (2) would be eligible, as of the time of the return, for occupancy under the eligibility, screening, and occupancy standards, policies, or practices applicable to the housing from which the resident was displaced, as in effect at the time of displacement. (d) Relocation, notice, application for vouchers, and data All relocation activities resulting from, or that will result from, demolition, disposition, or both demolition and disposition, to be carried out under a transformation plan relating to a grant under this Act shall be subject to the following requirements: (1) Uniform relocation and real property acquisition act The Uniform Relocation and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply. To the extent the provisions of this subsection and such Act conflict, the provisions that provide greater protection to residents displaced by the demolition, disposition, or demolition and disposition, shall apply. (2) Relocation plan The applicant shall submit to the Secretary, together with the application for a grant under this Act, a relocation plan providing for the relocation of residents occupying the public or assisted housing for which the demolition or disposition is proposed, which shall include— (A) a statement of the estimated number of vouchers for rental assistance under section 8 that will be needed for such relocation; (B) identification of the location of the replacement dwelling units that will be made available for permanent occupancy; and (C) a statement of whether any temporary, off-site relocation of any residents is necessary and a description of the plans for such relocation. (3) Notice upon approval of application Within a reasonable time after notice to the applicant of the approval of an application for a grant under this section, the applicant shall provide notice in writing, in plain and non-technical language, to the residents of the public and assisted housing subject to the approved transformation plan that— (A) states that the application and transformation plan has been approved; (B) describes the process involved to relocate the residents, including a statement that the residents may not be relocated until the conditions set forth in section 10 have been met; (C) provides information regarding relocation options; and (D) advises residents of the availability of relocation counseling as required in paragraph (7). (4) Notice before relocation Except in cases of a substantial and imminent threat to health or safety, not later than 90 days before the date on which residents will be relocated, the grantee shall provide notice in writing, in plain and non-technical language, to each family residing in a public or assisted housing project that is subject to an approved transformation plan, and in accordance with such guidelines as the Secretary may issue governing such notifications, that— (A) the public or assisted housing project will be demolished or disposed of; (B) the demolition of the building in which the family resides will not commence until each resident of the building is relocated; and (C) if temporary, off-site relocation is necessary, each family displaced by the action shall be offered comparable housing— (i) that meets housing quality standards; (ii) that is located in an area that is generally not less desirable than the location of the housing of the displaced family, which shall include not less than 1 unit located in an area of low poverty or 1 unit located within the neighborhood of the original public or assisted housing site; (iii) that is identified and available to the family; and (iv) which shall include— (I) tenant-based assistance, except that the requirement under this subparagraph regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of the family into such housing; (II) project-based assistance; (III) occupancy in a unit operated or assisted by the public housing agency or the owner of the assisted project demolished or disposed of under this section, at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is relocated; or (IV) other comparable housing. (5) Search period (A) In general Notwithstanding any other provision of law, in the case of a household that is provided tenant-based assistance for relocation of the household under this section, the period during which the household may lease a dwelling unit using that assistance shall not be shorter in duration than the 150-day period that begins at the time a comparable replacement unit is made available to the family. (B) Extension If a household is unable to lease a dwelling unit using the assistance described in subparagraph (A) during the period described in that subparagraph, the grantee shall— (i) extend the period during which the household may lease a dwelling unit using the assistance; or (ii) at the request of the resident, provide the resident with the next available comparable public housing unit or comparable housing unit for which project-based assistance is provided. (6) Payment of relocation expenses The grantee shall provide for the payment of the actual and reasonable relocation expenses, including security deposits, of each resident to be displaced and any other relocation expenses as are required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ). (7) Comprehensive relocation counseling The grantee shall provide all advisory programs and services as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) and counseling for residents who are displaced that shall— (A) fully inform residents to be displaced of all relocation options, which may include relocating to housing in a neighborhood with a lower concentration of poverty than their current residence, a neighborhood where relocation will not increase racial segregation, or remaining in the current neighborhood; and (B) include providing school options for children and comprehensive housing search assistance for households that receive a voucher for tenant-based assistance. (8) Timing of demolition or disposition The grantee shall not commence demolition or complete disposition of a building subject to the approved transformation plan until all residents residing in the building are relocated. (9) Timing of relocation The applicant shall not commence relocation before approval by the Secretary of the transformation plan providing for the demolition or disposition, unless the applicant generally relocates residents in accordance with this section, as determined by the Secretary, except in the case of a substantial and imminent threat to health or safety. (e) Monitoring of displaced households (1) Grantee responsibilities To facilitate compliance with the requirement under subsection (a) (relating to right of residents to return), the Secretary shall, by regulation, require each grantee of a grant under this section, during the period of the transformation plan assisted with the grant and until all funding under the grant has been expended— (A) to maintain a current address of residence and contact information for each household affected by the transformation plan who was occupying a dwelling unit in the housing that is subject to the plan; and (B) to provide such updated information to the Secretary on at least a quarterly basis. (2) Certification The Secretary may not close out any grant made under this section before the grantee has certified to the Secretary that the agency has complied with subsection (a) (relating to right of residents to return) with respect to each resident displaced as a result of the transformation plan, including providing occupancy in a replacement dwelling unit for each resident who requested such a unit in accordance with such subsection. (f) Preference A returning resident shall be provided a preference for occupancy of on-site or off-site replacement units before those units are made available for occupancy by any other eligible households, or the resident may choose to retain tenant-based voucher assistance provided under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) for relocation from the properties revitalized under a transformation plan assisted with a grant under this Act. (g) Prohibition on re-Screening A public housing agency or any other manager of on-site or off-site replacement housing shall not, through the application of any additional eligibility, screening, occupancy, or other policy or practice, prevent any person otherwise eligible under subsection (a) from occupying a replacement housing unit. 9. One-for-one replacement of public and assisted housing dwelling units (a) One-for-One replacement of public or assisted housing units The Secretary may not approve a transformation plan that provides for dwelling units to be demolished or disposed of unless the plan provides as follows: (1) Requirement to replace each unit One hundred percent of the public and assisted housing dwelling units and units described in section 2(1)(E) that are demolished or disposed of pursuant to the transformation plan shall be replaced with a newly constructed, rehabilitated, or purchased public or assisted housing unit or with a newly constructed, rehabilitated, or purchased unit (including through project-based assistance) that is subject to requirements regarding eligibility for occupancy, tenant contribution toward rent, and long-term affordability restrictions that are consistent with such requirements for public and assisted housing dwelling units or for State units, as applicable, except that subparagraphs (B) and (D) of section 8(o)(13) of the United States Housing Act of 1936 (relating to percentage limitation and income mixing requirement of project-based assistance) shall not apply with respect to vouchers used to comply with the requirements of this paragraph. (2) Other requirements Admission to, administration of, and eviction from replacement housing units that replaced public housing units, but that are not public housing dwelling units, shall be subject to the following provisions to the same extent as public housing dwelling units: (A) Section 578 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13663 ; relating to ineligibility of dangerous sex offenders). (B) Section 16(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437n(f) ; relating to ineligibility of certain drug offenders). (C) Sections 20 and 21 of the United States Housing Act of 1937 ( 42 U.S.C. 1437r , 1437s; relating to resident management). (D) Section 25 of the United States Housing Act of 1937 ( 42 U.S.C. 1437w ; relating to transfer of management at request of residents). (E) Section 6(k) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(k) ; relating to administrative grievance procedure). (F) Section 6(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437d(f) ; relating to housing quality requirements). (G) Part 964 of title 24, Code of Federal Regulations (relating to tenant participation and opportunities). (3) Retention of rights Tenants occupying a replacement housing unit shall have all rights provided to tenants of the housing from which the tenants were relocated. (4) Size (A) In general Replacement units shall be of comparable size, unless a market analysis shows a need for other-sized units, in which case such need shall be addressed. (B) Bedrooms The number of bedrooms within each replacement unit shall be sufficient to serve families displaced as a result of the demolition or disposition. (5) Location on site At least one-third of all replacement units for public and assisted housing units demolished shall be public or assisted housing units constructed within the immediate area of the original public or assisted housing location, unless the Secretary determines that— (A) construction on the location would result in the violation of a consent decree; or (B) the land on which the public and assisted housing is located is environmentally unsafe or geologically unstable. (6) Location in the neighborhood Any replacement housing units provided in addition to dwelling units provided pursuant to paragraph (5) shall— (A) be provided in areas within the neighborhood, except that if rebuilding the units within the neighborhood is not feasible, units shall be provided within the jurisdiction of the public housing agency— (i) in a manner that furthers the economic and educational opportunities for residents; and (ii) in areas offering access to public transportation; and (B) have access to social, recreational, educational, commercial, and health facilities and services, including municipal services and facilities, that are comparable to services provided to the revitalized neighborhood from which residents were displaced. (7) Location outside of jurisdiction If rebuilding replacement housing units within the jurisdiction, in a manner that complies with the requirements of clauses (i) through (iv) of subparagraph (A) and subparagraph (B) of paragraph (6) is not feasible, units may be provided outside of the jurisdiction of the public housing agency, but within the metropolitan area of such jurisdiction, provided— (A) the grantee requests, and the public housing agency or local government in which such units shall be located, agrees to such transfer of units; and (B) the units shall comply with the requirements of clauses (i) through (iv) of subparagraph (A) and subparagraph (B) of paragraph (6). (b) Waiver (1) Authority Upon the written request of an applicant for a grant under this Act submitted as part of the transformation plan pursuant to section 7, the Secretary may reduce the percentage applicable under subsection (a)(1) to the transformation plan of the applicant to not less than 90 percent, but only if— (A) a judgment, consent decree, or other order of a court limits the ability of the applicant to comply with such requirements; or (B) the applicant demonstrates that there is an excess supply of affordable rental housing in areas of low poverty and provides data showing that, in the area surrounding the revitalized neighborhood— (i) not less than 90 percent of vouchers issued under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) over the last 24 months to comparable families were successfully used to lease a dwelling unit within 120 days of issuance or, if a sufficient number of comparable families have not received vouchers, an alternative measure, as the Secretary shall design, is met; (ii) existing voucher holders are widely dispersed geographically in areas of low poverty with access to public transportation, education, and other amenities, as determined by the Secretary, among the available private rental housing stock; and (iii) the applicant provides a market analysis demonstrating that— (I) there is a relatively high vacancy rate among units that would meet or exceed housing quality standards, as determined by the Secretary, within the market area with rent and utility costs not exceeding the applicable payment standard under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ); and (II) the high vacancy rate within the market area is expected to continue for the next 5 years or longer. 10. Other program requirements (a) Fair housing (1) In general The demolition or disposition, relocation, replacement, and re-occupancy of housing units in connection with a grant under this Act shall be carried out in a manner that affirmatively furthers fair housing, as required by section 808(e) of the Civil Rights Act of 1968 ( 42 U.S.C. 3608(e) ). (2) Marketing and outreach Grantees shall adopt affirmative marketing procedures, and require affirmative marketing activities of project owners and managers, which shall be targeted to those who are least likely to apply for the housing, to ensure that all persons regardless of their race, color, national origin, religion, sex, disability, or familial status are aware of the housing opportunities in each project funded with a grant under this Act. (b) Accessibility requirements All new construction and alterations of existing buildings carried out in connection with a grant under this Act shall comply with the requirements of the section 504 of Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Accessibility Standards for Design, Construction, and Alteration of Publicly Owned Residential Structures of the Department of Housing and Urban Development under part 40 of title 24, Code of Federal Regulations, or any successor regulation, the Fair Housing Act ( 42 U.S.C. 3601 et seq. ), and any other requirements as determined by the Secretary. (c) Affordability requirement Amounts from a grant under this Act may not be used for assistance for any housing property unless the owner of the property assisted agrees to a period of affordability for the property which shall be not shorter than the period of affordability to which the property is already subject and remains subject, or 20 years, whichever is longer. (d) Cost limits Subject to the provisions of this Act, the Secretary shall establish cost limits on eligible activities under this Act sufficient to provide for effective transformation programs. (e) Environmental review For purposes of environmental review, assistance and projects under this Act shall be— (1) treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 ( 42 U.S.C. 3547(c) ); and (2) subject to the regulations issued by the Secretary to implement such section. (f) Grantee reporting The Secretary shall require grantees under this Act to report the sources and uses of all amounts expended and other information for transformation plans for the annual report of the Secretary to Congress or other purposes as determined by the Secretary. 11. Demolition and disposition (a) Inapplicability of public housing demolition and disposition requirements to transformation plan The demolition or disposition of severely distressed public housing pursuant to a transformation plan approved under this Act shall be exempt from the provisions of section 18 of the United States Housing Act of 1937 ( 42 U.S.C. 1437p ). (b) Applicability of public housing demolition and disposition requirements to replacement public housing Nothing in this Act may be construed to exempt any replacement public housing dwelling units provided under a transformation plan in accordance with the requirements under section 8 (relating to one-for-one replacement of public housing dwelling units) from the provisions of section 18 of the United States Housing Act of 1937 ( 42 U.S.C. 1437p ). 12. Phase-specific underwriting To the extent that a transformation plan provides for different phases of activities, the Secretary may allow for the various phases of the plan to be underwritten on a separate basis. 13. Administration by other entities The Secretary may require a grantee under this Act to make arrangements satisfactory to the Secretary for use of an entity other than the original grantee to carry out activities assisted under the transformation plan of the grantee, if— (1) the original grantee has failed to meet performance benchmarks relating to implementation of the transformation plan; and (2) the Secretary determines that the action will help to effectuate the purposes of this Act. 14. Withdrawal of funding If a grantee under this Act does not proceed within a reasonable timeframe in implementing the transformation plan of the grantee or does not otherwise comply with the requirements of this Act and the grant agreement, as determined by the Secretary, the Secretary may— (1) withdraw any grant amounts under this Act that have not been obligated by the grantee; and (2) redistribute any withdrawn amounts to 1 or more other eligible entities capable of proceeding expeditiously in the same locality in carrying out the transformation plan of the original grantee, or as such plan may be modified and approved by the Secretary, or, if that is not feasible, to 1 or more other applicants that have already received assistance under this Act. 15. Annual report; public availability of grant information (a) Annual report Not less than 90 days before the conclusion of each fiscal year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the implementation and status of grants awarded under this Act, which shall include— (1) the number, type, and cost of affordable housing units revitalized pursuant to this Act; (2) the amount and type of financial assistance provided under and in conjunction with this Act, including a specification of the amount and type of assistance provided for educational opportunities, services, public assets, public transportation, and access to jobs; (3) the impact of grants made under this Act on the original residents, the target neighborhoods, and the larger communities within which they are located; (4) all information submitted to the Secretary pursuant to section 8(e)(1) by all grantees and summaries of the extent of compliance by grantees with the requirements under subsections (a) and (g) of section 8; and (5) any information related to grantees implementation of the requirements under section 9 (relating to one-for-one replacement of public housing dwelling units) and the efforts of the Secretary to coordinate funding pursuant to section 6(e)(3). (b) Public availability of grant information (1) In general To the extent not inconsistent with any other provisions of law, the Secretary shall make publicly available through a website of the Department of Housing and Urban Development all documents of, or filed with, the Department relating to the program under this Act, including applications, grant agreements, plans, budgets, reports, and amendments to those documents. (2) Privacy In carrying out this subsection, the Secretary shall take such actions as may be necessary to protect the privacy of any residents and households displaced from public or assisted housing as a result of a transformation plan assisted under a grant under this Act. 16. Funding There are authorized to be appropriated the following amounts: (1) Grants $1,000,000,000 for fiscal year 2022 and such sums as may be necessary in each subsequent fiscal year, for grants under this Act, of which, in any fiscal year— (A) up to 10 percent of such amount authorized may be used for planning grants, except that in awarding planning grants, the Secretary may elect to base selection on a subset of the required provisions of this Act; (B) up to 5 percent of the amount authorized may be used for technical assistance and program evaluation efforts related to grants awarded under this Act, or under predecessor programs; and (C) not less than 80 percent shall be used for, or 80 percent of the number of housing units assisted under this Act shall be, public housing units, subject to de minimis variations as may result from the grantee selection process. (2) Rental assistance Such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year for providing tenant-based assistance for relocation and for rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) for the purposes of complying with section 8(c) of this Act, but not to exceed the amount of assistance for the number of units demolished or disposed of under section 8(c)(1). 17. Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out the following provisions of this Act: (1) Paragraphs (5), (7), (12), (13), and (15) of section 2. (2) Subsections (c) and (f) of section 6. (3) Section 9(b). | https://www.govinfo.gov/content/pkg/BILLS-117s2672is/xml/BILLS-117s2672is.xml |
117-s-2673 | II 117th CONGRESS 1st Session S. 2673 IN THE SENATE OF THE UNITED STATES August 7, 2021 Ms. Klobuchar (for herself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to modify the provisions relating to treatment courts.
1. Short title This Act may be cited as the Treatment Court, Rehabilitation, and Recovery Act of 2021 . 2. Treatment courts (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by striking part EE ( 34 U.S.C. 10611 et seq. ) and inserting the following: EE Treatment court discretionary grant program 2951. Grant authority (a) In general The Attorney General may make grants— (1) to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities; and (2) to establish or enhance— (A) juvenile drug treatment courts that serve teens charged with delinquency offenses caused or influenced by a moderate to severe substance use disorder or co-occurring mental health disorder; (B) family treatment courts that serve parents or guardians in dependency proceedings facing allegations of child abuse or neglect caused or influenced by a moderate to severe substance use disorder; (C) Tribal healing to wellness courts that serve Native Americans by providing healing and communal practices to serve persons charged with drug- or alcohol-related violations of tribal laws; (D) impaired driving courts that serve adults charged with repeated instances of driving under the influence of drugs or alcohol; (E) adult drug treatment courts that serve as an alternative to incarceration for adults with substance use disorders, including co-occurring substance use and mental health disorders; and (F) any other treatment courts that adhere to national best practice standards endorsed by the National Association of Drug Court Professionals. (b) Limitation Economic sanctions imposed in this section shall not be at a level that would interfere with the treatment and must conform to constitutional standards including, but not limited to, an opportunity to present evidence at a hearing regarding the participant’s financial status and ability to pay. 2952. Administration (a) Definitions In this section: (1) Medication for addiction treatment The term medication for addiction treatment means the use of medications approved by the Food and Drug Administration for the treatment of substance use disorder. (2) State substance abuse authority The term State substance abuse authority means the State agency responsible for administering the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (b) Consultation The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. (c) Use of components The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. (d) Regulatory authority The Attorney General may issue regulations and guidelines necessary to carry out this part. (e) Administrative costs (1) Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant. (f) Applications In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall— (1) explain the long-term strategy and detailed implementation plan that outlines how the program will— (A) serve treatment courts described in 2951(a)(2); (B) achieve the implementation of national best practice standards described in section 2951(a)(2)(F); and (C) obtain the necessary support to continue the proposed program following the conclusion of Federal support; (2) certify that— (A) the program will not discriminate based upon race, gender, gender identity, religion, national origin, sexual orientation, economic status, or immigration status; (B) the program will provide adequate protections for offenders’ right to competent counsel; (C) evidence-based clinical assessment will determine the level of care, and that evidence-based substance use disorder treatment, including medication for addiction treatment, will be available if clinically appropriate; (D) substance use disorder treatment providers and services are licensed or accredited by the State substance abuse authority and that State standards of care will be utilized; (E) there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies, including State or local prosecutors, the defense bar, law enforcement, probation, courts, State or local treatment agencies, and other community services; (F) 1 or more designated judges are responsible for the program; (G) there is an inability to fund the program adequately without Federal assistance; (H) Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (I) the payment, in whole or part, by the participant of treatment costs and restitution, to the extent practicable, shall be based on ability to pay and will not be at a level that would interfere with program participation; and (J) impaired driving court applicants are compliant with section 164(b) of title 23, United States Code; and (3) describe— (A) the admission criteria to ensure that— (i) the criteria are broad enough to provide equal access for all individuals under the treatment court’s jurisdiction who are in high need of substance use disorder treatment based on evidence-based clinical assessments; (ii) the individual circumstances of each offender are considered as mitigating or aggravating factors; (iii) an evidence-based clinical assessment is utilized to determine the level of care; and (iv) the public safety needs of the applicant’s jurisdiction will be met, taking into consideration— (I) criminal history; (II) the current case before the court; and (III) risk to the community; (B) the components of the program to include— (i) a process to ensure equivalent access and retention in the program that includes collecting and examining access and retention data to ensure unfair disparities do not exist for racial and ethnic minority or female participants in admission protocols or elsewhere in the program; (ii) substance use disorder or mental health treatment for each participant based on individualized assessments and evidence-based treatment services; (iii) case management, relapse prevention, education, vocational training, job placement, housing placement, medical and dental care, parenting programs, child care, or other family support services for each participant who requires such services; (iv) diversion, probation, or other supervised release; (v) evidence-based graduated responses; (vi) periodic and random testing for the use of controlled substances or other addictive substances; and (vii) the methodology that will be used to evaluate the program’s process and outcomes; and (C) the related governmental or community initiatives that complement the program. 2953. Applications To request funds under this part, the chief executive or the chief justice of a State, or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court, or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. 2954. Federal share (a) In general The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2953 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. (b) In-Kind contributions In-kind contributions may constitute a portion of the non-Federal share of a grant. 2955. Distribution and allocation of funding The Attorney General shall ensure— (1) all grants awards have in place a process to ensure equivalent access and retention in the program that includes— (A) collecting and examining access and retention data to ensure unfair disparities do not exist for racial and ethnic minority or female participants in admission protocols or elsewhere in the program; (B) modifying the eligibility criteria, admissions protocols, and other program elements to address disparities, enhance recruitment, and improve retention; (C) continually monitoring whether racial and ethnic minority and female participants have equal access to the programs, receive equivalent services in the programs, and successfully complete the programs at rates equivalent to non-minorities and males; and (D) admission criteria that serve individuals with a high need of substance use disorder treatment based on clinical assessments; (2) all grant awards— (A) use evidence-based clinical assessment to determine the level of care for evidence-based substance use disorder treatment, including medication for addiction treatment, if clinically appropriate and available; and (B) use substance use disorder treatment providers and services are licensed or accredited by the State substance abuse authority and that standards of care of the State are used; (3) priority in funding is given to those applicants that have demonstrated adherence to the practice standards established or endorsed by the National Association of Drug Court Professionals; (4) all States, State courts, local courts, units of local government, and Indian tribal governments are provided with an opportunity to apply and be considered for a grant under this part; (5) to the extent practicable, equitable geographic distribution of grant awards is made; and (6) training and technical assistance is available to States that applied and did not receive a grant award. 2956. Report (a) Grant report A State, Indian tribal government, or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of this part. (b) Evaluation The Department of Justice, Bureau of Justice Assistance shall conduct a national multi-site evaluation on the effectiveness of treatment courts to be submitted to Congress within three years of enactment of this bill. The evaluation shall focus on target population, evidence-based substance use and mental health treatment, including medication for addiction treatment, recidivism, and program outcomes. 2957. Technical assistance, training, and evaluation (a) Technical assistance and training The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. All training and technical assistance must adhere to the national best practice standards established by the National Association of Drug Court Professionals or those approved by the Department of Justice. (b) Evaluations In addition to any evaluation requirements that may be prescribed for grantees (including uniform data collection standards and reporting requirements), the Attorney General shall carry out or make arrangements for evaluations of programs that receive support under this part. (c) Administration The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,0000 for each year for fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2673is/xml/BILLS-117s2673is.xml |
117-s-2674 | II 117th CONGRESS 1st Session S. 2674 IN THE SENATE OF THE UNITED STATES August 7, 2021 Mr. Wyden (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reauthorize funding for programs to prevent, investigate, and prosecute elder abuse, neglect, and exploitation, and for other purposes.
1. Short title This Act may be cited as the Elder Justice Reauthorization and Modernization Act of 2021 . 2. Reauthorization of funding for programs to prevent, and investigate elder abuse, neglect, and exploitation (a) Nursing home worker training grants Section 2041 of the Social Security Act ( 42 U.S.C. 1397m ) is amended to read as follows: 2041. Nursing home worker training grants (a) In general (1) State entitlement (A) In general Each State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments (i) In general Subject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or are under a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census or a successor data set, divided by (II) the total number of such residents of all States. (ii) Limitation The amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of state allotments Subject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations (I) Frequency The Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation Subject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2026 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations (A) In general The Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula The Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants A State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds (1) Required uses A State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide student loan repayment or tuition assistance to eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(1)(A); (C) guarantee affordable and accessible child care for eligible individuals, including help with referrals, co-pays, or other direct assistance; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses A State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings A State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation A State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting or retaining employees in an eligible setting. (5) Obligation deadline A State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration A State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which they are contracted. (d) Reports (1) State reports Not less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report. (2) Report to the Congress Not later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to the Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(1)(A) in an eligible setting; (D) the average duration of employment for each such job category, by State; (E) the average annual wage of workers in each job category described in subsection (f)(1)(A) in an eligible setting; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(1)(A) in an eligible setting is entitled by their contract; and (G) such other data elements as the Secretary deems relevant. (e) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2022 through 2025 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions In this section: (1) Available amount The term available amount means, with respect to a fiscal year, the amount specified in subsection (e) that remains after the reservation required by such subsection for the fiscal year, plus all amounts remitted to the Secretary under subsection (b)(5) that have not been reallotted under subsection (a)(1)(B)(iii). (2) Eligible individual The term eligible individual means an individual who— (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting The term eligible setting means— (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. . (b) Adult protective services functions and grant programs (1) Direct funding; State entitlement Section 2042 of the Social Security Act ( 42 U.S.C. 1397m–1 ) is amended— (A) in subsection (a), by striking paragraph (2) and inserting the following: (2) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $8,000,000 for each of fiscal years 2023 through 2025 to carry out this section. ; (B) in subsection (b)— (i) in paragraph (2), by striking the availability of appropriations and ; and (ii) by striking paragraph (5) and inserting the following: (5) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $400,000,000 for each of fiscal years 2023 through 2025 to carry out this section. ; and (C) in subsection (c), by striking paragraph (6) and inserting the following: (6) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $75,000,000 for each of fiscal years 2023 through 2025 to carry out this section. . (2) State entitlement; grants to Indian tribes and tribal organizations Section 2042 of such Act ( 42 U.S.C. 1397m–1 ) is amended— (A) in subsection (a)(1)(A), by striking State and local and inserting State, local, and tribal ; (B) in subsection (b)(1), by striking the Secretary shall annually award grants to States in the amounts calculated under paragraph (2) and inserting each State shall be entitled to annually receive from the Secretary in the amounts calculated under paragraph (2), and the Secretary may annually award to each Indian tribe and tribal organization in accordance with paragraph (3), grants ; (C) in subsection (b)(2)— (i) in the paragraph heading, by inserting for a State after payment ; (ii) by inserting that remains after the reservation under paragraph (3)(B) before multiplied ; and (iii) in subparagraph (B)(i)— (I) by inserting that so remains after such year ; and (II) by inserting amount so appropriated and inserting remaining amount ; and (D) in subsection (b), by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively, and inserting after paragraph (2) the following: (3) Amount of payment to Indian tribe or tribal organization (A) In general The Secretary, in consultation with Indian tribes and tribal organizations, shall determine the amount of any grant to be made to each Indian tribe and tribal organization from the amount reserved under subparagraph (B) of this paragraph. Paragraphs (4) and (5) shall apply to grantees under this paragraph in the same manner in which the paragraphs apply to States. (B) Reservation of funds The Secretary shall reserve 2 percent of the amount made available by subsection (b)(6) for each fiscal year for grants under this paragraph. ; (3) in subsection (c)— (A) in paragraph (1), by striking to States and inserting to States, Indian tribes, and tribal organizations ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting and Indian tribes and tribal organizations after government ; and (ii) in subparagraph (D), by inserting or Indian tribe or tribal organization, as the case may be after government ; (C) in paragraph (4), by inserting or Indian tribe or tribal organization after a State the 1st place it appears; and (D) in paragraph (5)— (i) by inserting or Indian tribe or tribal organization after Each State ; and (ii) by inserting or Indian tribe or tribal organization, as the case may be after the State ; and (4) by adding at the end the following: (d) Definitions of Indian tribe and tribal organization In this section, the terms Indian tribe and tribal organization have the meanings given the terms in section 419. . (c) Long-Term care ombudsman program grants and training Section 2043 of the Social Security Act ( 42 U.S.C. 1397m–2 ) is amended— (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this subsection— (A) $22,500,000 for fiscal year 2023; and (B) $30,000,000 for each of fiscal years 2024 and 2025. ; and (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $30,000,000 for each of fiscal years 2023 through 2025 to carry out this subsection. . (d) Incentives for developing and sustaining structural competency in providing health and human services (1) In general Part II of subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397m–5 ) is amended by adding at the end the following: 2047. Incentives for developing and sustaining structural competency in providing health and human services (a) Grants to States To support linkages to legal services and medical legal partnerships (1) In general Within 2 years after the date of the enactment of this section, the Secretary shall establish and administer a program of grants to States to support the adoption of evidence-based approaches to establishing or improving and maintaining real-time linkages between health and social services and supports for vulnerable elders or in conjunction with authorized representatives of vulnerable elders, including through the following: (A) Medical-legal partnerships The establishment and support of medical-legal partnerships, the incorporation of the partnerships in the elder justice framework and health and human services safety net, and the implementation and operation of such a partnership by an eligible grantee— (i) at the option of a State, in conjunction with an area agency on aging; (ii) in a solo provider practice in a health professional shortage area (as defined in section 332(a) of the Public Health Service Act), a medically underserved community (as defined in section 399V of such Act), or a rural area (as defined in section 330J of such Act); (iii) in a minority-serving institution of higher learning with health, law, and social services professional programs; (iv) in a federally qualified health center, as described in section 330 of the Public Health Service Act, or look-alike, as described in section 1905(l)(2)(B) of this Act; or (v) in certain hospitals that are critical access hospitals, Medicare-dependent hospitals, sole community hospitals, rural emergency hospitals, or that serve a high proportion of Medicare or Medicaid patients. (B) Legal hotlines development or expansion The provision of incentives to develop, enhance, and integrate platforms, such as legal assistance hotlines, that help to facilitate the identification of older adults who could benefit from linkages to available legal services such as those described in subparagraph (A). (2) State reports Each State to which a grant is made under this subsection shall submit to the Secretary biannual reports on the activities carried out by the State pursuant to this subsection, which shall include assessments of the effectiveness of the activities with respect to— (A) the number of unique individuals identified through the mechanism outlined in paragraph (1)(B) who are referred to services described in paragraph (1)(A), and the average time period associated with resolving issues; (B) the success rate for referrals to community-based resources; and (C) other factors determined relevant by the Secretary. (3) Evaluation The Secretary shall, by grant, contract, or interagency agreement, evaluate the activities conducted pursuant to this subsection, which shall include a comparison among the States. (4) Report to the Congress Every 4 years, the Secretary shall submit to the Congress a written report on the activities conducted under this subsection. (5) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $125,000,000 for each of fiscal years 2022 through 2025 to carry out this subsection. (6) Supplement not supplant Support provided to area agencies on aging, State units on aging, eligible entities, or other community-based organizations pursuant to this subsection shall be used to supplement and not supplant any other Federal, State, or local funds expended to provide the same or comparable services described in this subsection. (b) Grants and training To support area agencies on aging or other community-Based organizations To address social isolation among vulnerable older adults and people with disabilities (1) Grants The Secretary shall make grants to eligible area agencies on aging or other community-based organizations for the purpose of— (A) conducting outreach to individuals at risk for, or already experiencing, social isolation or loneliness, through established screening tools or other methods identified by the Secretary; (B) developing community-based interventions for the purposes of mitigating loneliness or social isolation (including evidence-based programs, as defined by the Secretary, developed with multi-stakeholder input for the purposes of promoting social connection, mitigating social isolation or loneliness, or preventing social isolation or loneliness) among at-risk individuals; (C) connecting at-risk individuals with community social and clinical supports; and (D) evaluating the effect of programs developed and implemented under subparagraphs (B) and (C). (2) Training (A) In general The Secretary shall establish programs to provide and improve training for area agencies on aging or community-based organizations with respect to addressing and preventing social isolation and loneliness among older adults and people with disabilities. (B) Prioritization authority For purposes of connecting at-risk individuals with existing community social and clinical supports, the Secretary may, in carrying out subparagraph (A), prioritize models that incorporate training and service delivery in coordination with medical-legal partnerships. (3) Evaluation Not later than 3 years after the date of the enactment of this section and every 3 years thereafter, the Secretary shall submit to the Congress a written report which assesses the extent to which the programs established under this subsection address social isolation and loneliness among older adults and people with disabilities. (4) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $62,500,000 for each of fiscal years 2022 through 2025 to carry out this subsection. (5) Coordination The Secretary shall coordinate with resource centers, grant programs, or other funding mechanisms established under section 411(a)(18) of the Older Americans Act ( 42 U.S.C. 3032(a)(18) ), section 417(a)(1) of such Act ( 42 U.S.C. 3032F(a)(1) ), or other programs as determined by the Secretary. (c) Definitions In this section: (1) Area agency on aging The term area agency on aging means an area agency on aging designated under section 305 of the Older Americans Act of 1965. (2) Social isolation The term social isolation means objectively being alone, or having few relationships or infrequent social contact. (3) Loneliness The term loneliness means subjectively feeling alone, or the discrepancy between one’s desired level of social connection and one’s actual level of social connection. (4) Social connection The term social connection means the variety of ways one can connect to others socially, through physical, behavioral, social-cognitive, and emotional channels. (5) Community-based organization The term community-based organization includes, except as otherwise provided by the Secretary, a nonprofit community-based organization, a consortium of nonprofit community-based organizations, a national nonprofit organization acting as an intermediary for a community-based organization, or a community-based organization that has a fiscal sponsor that allows the organization to function as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. . (2) Clarification that medical-legal partnerships are authorized adult protective services activities Section 2011 of such Act ( 42 U.S.C. 1397j ) is amended— (A) in paragraph (2)(D), by inserting , including through a medical-legal partnership before the period; and (B) by redesignating paragraphs (16) through (22) as paragraphs (17) through (23), respectively, and inserting after paragraph (15) the following: (16) Medical-legal partnership The term medical-legal partnership means an arrangement in a health care or social services setting which integrates lawyers and social workers to address the needs of an individual patient related to social determinants of health, and to help clinicians, case managers, and social workers address structural problems at the root of many health inequities, including a multidisciplinary team integrated into such a setting to address the needs and establish and maintain structural competence within clinicians, case managers, and social workers to best address structural problems at the root of many health inequities. . (e) Technical amendment Section 2011(12)(A) of the Social Security Act ( 42 U.S.C. 1397j(12)(A) ) is amended by striking 450b and inserting 5304 . 3. Assessment reports (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 Secretary of Health and Human Services shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the programs, coordinating bodies, registries, and activities established or authorized under subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397l et seq. ) or section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i–3a(b)). Each such report shall assess the extent to which such programs, coordinating bodies, registries, and activities have improved access to, and the quality of, resources available to aging Americans and their caregivers to ultimately prevent, detect, and treat abuse, neglect, and exploitation, and shall include, as appropriate, recommendations to Congress on funding levels and policy changes to help these programs, coordinating bodies, registries, and activities better prevent, detect, and treat abuse, neglect, and exploitation of aging Americans. (b) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2022 through 2025 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2674is/xml/BILLS-117s2674is.xml |
117-s-2675 | II 117th CONGRESS 1st Session S. 2675 IN THE SENATE OF THE UNITED STATES August 7, 2021 Mr. Cardin (for himself, Mr. Wicker , Mr. Schumer , Ms. Murkowski , Ms. Cantwell , Ms. Ernst , Ms. Sinema , Mr. Cassidy , Ms. Stabenow , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, and for other purposes.
1. Short title This Act may be cited as the Continuing Emergency Support for Restaurants Act . 2. Appropriations for the Restaurant Revitalization Fund (a) In general Section 5003(b)(2) of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c(b)(2) ) is amended— (1) in subparagraph (A)— (A) by striking $28,600,000,000 and inserting $76,600,000,000 ; and (B) by inserting , of which $280,000,000 shall be for administrative expenses to carry out this section and $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify ineligible recipients, and for other necessary expenses of the Office of the Inspector General before the period at the end; and (2) in subparagraph (B)(i)(II), by striking $23,600,000,000 and inserting $71,300,000,000 . (b) Emergency designation (1) In general The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (2) Designation in Senate In the Senate, the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s2675is/xml/BILLS-117s2675is.xml |
117-s-2676 | II 117th CONGRESS 1st Session S. 2676 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Tester (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for the participation of physical therapists in the National Health Service Corps Loan Repayment Program, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Physical Therapist Workforce and Patient Access Act of 2021 . (b) Findings Congress finds as follows: (1) Physical therapists play an important role in the prevention, treatment, or management of pain for individuals, including those with substance use disorders, or at risk of developing a substance use disorder. (2) Physical therapists are also playing an important role in the physical rehabilitation needs of individuals who have developed chronic health conditions as a result of COVID–19. 2. National Health Service Corps; participation of physical therapists in loan repayment program (a) Mission of corps; definition of primary health services Section 331(a)(3)(D) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(D) ) is amended by striking or mental health, and inserting mental health, or physical therapy, . (b) Loan repayment program Section 338B of the Public Health Service Act ( 42 U.S.C. 254l–1 ) is amended— (1) in subsection (a)(1), by inserting physical therapists, after dentists, ; (2) in subsection (b)(1)— (A) in subparagraph (A)— (i) by striking , or be certified and inserting ; be certified ; and (ii) by inserting before the semicolon the following: ; or have a doctoral or master's degree in physical therapy ; (B) in subparagraph (B), by inserting physical therapy, after mental health, ; and (C) in subparagraph (C)(ii), by inserting physical therapy, after dentistry, ; and (3) by adding at the end the following: (i) Eligibility To participate in other programs Nothing in this section shall be construed to prohibit any health care professional who is eligible to participate in the program under this section from participating in any other loan repayment program established by the Secretary for which such professional is eligible. . | https://www.govinfo.gov/content/pkg/BILLS-117s2676is/xml/BILLS-117s2676is.xml |
117-s-2677 | II 117th CONGRESS 1st Session S. 2677 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Booker (for himself and Ms. Warren ) 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 limit overdraft fees and establish fair and transparent practices related to the marketing and provision of overdraft coverage programs at depository institutions, and for other purposes.
1. Short title This Act may be cited as the Stop Overdraft Profiteering Act of 2021 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Overdraft coverage is a form of short-term credit that depository institutions market for consumer transaction accounts. Historically, depository institutions covered overdrafts for a fee on an ad hoc basis. (2) With the growth in specially designed software programs and in consumer use of debit cards, overdraft coverage for a fee has become more prevalent. (3) Many depository institutions market a range of overdraft options but aggressively encourage consumers to consent to the most expensive option, where a high flat fee is collected for every individual overdraft transaction. (4) Many depository institutions collect a high flat fee, including for small dollar transactions, each time the institution covers an overdraft, impose multiple overdraft coverage fees within a single day, and charge additional fees for each day during which the account remains overdrawn. (5) Such abusive practices in connection with overdraft coverage fees have deprived consumers of meaningful options and placed significant financial burdens on low- and moderate-income consumers. (b) Purpose It is the purpose of this Act to protect consumers by limiting abusive overdraft coverage fees and practices and by providing meaningful disclosures and consumer choice in connection with overdraft coverage fees. 3. Definitions In this Act: (1) CFPB The term CFPB means the Bureau of Consumer Financial Protection. (2) Depository institution; overdraft; overdraft coverage fee; transaction account; nonsufficient fund fee The terms depository institution , overdraft , overdraft coverage fee , transaction account , and nonsufficient fund fee have the meanings given the terms in 140B(p) of the Truth in Lending Act, as added by section 4 of this Act. 4. Fair marketing and provision of overdraft coverage programs (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. Overdraft coverage program disclosures and consumer protection (a) Prohibitions No depository institution may engage in acts or practices in connection with the marketing of or the provision of overdraft coverage that are designed to evade the provisions of this section. (b) Marketing disclosures Each depository institution that provides or offers to provide overdraft coverage with respect to transaction accounts held at that depository institution shall clearly and conspicuously disclose in all marketing materials for such overdraft coverage any overdraft coverage fees with respect to such overdraft coverage. (c) Overdraft coverage fees (1) In general Except as provided in paragraph (2), no depository institution may charge an overdraft coverage fee for any transaction— (A) at an automated teller machine; or (B) involving a one-time debit card transaction. (2) Overdraft fees permitted for checks and automatic recurring payments A depository institution may charge an overdraft coverage fee for a check or an automatic recurring payment as part of an overdraft coverage program that incorporates the requirements identified in subsections (d) through (l). (d) Consumer consent opt-In A depository institution may charge overdraft coverage fees with respect to the use of checks or automatic recurring payments only if— (1) the depository institution has waited at least 3 days after opening an account to offer the overdraft coverage program; and (2) the consumer has consented in writing, in electronic form, or in such other form as is permitted under regulations of the Bureau. (e) Consumer disclosures Each depository institution shall clearly disclose to each consumer covered by an overdraft protection program of that depository institution— (1) that the consumer may be charged for not more than 1 overdraft coverage fee in any single calendar month and not more than 6 overdraft coverage fees in any single calendar year, per transaction account; (2) information about any alternative overdraft products that are available (such as linked accounts, lines of credit, and alerts), including a clear explanation of how the terms and fees for such alternative services and products differ; and (3) such other information as the Bureau may require, by rule. (f) Periodic statements Each depository institution that offers an overdraft coverage program shall, in each periodic statement for any transaction account that has an overdraft coverage program feature, clearly disclose to the consumer the dollar amount of all overdraft coverage fees and nonsufficient fund fees charged to the consumer for the relevant period and year to date. (g) Exclusion from account balance information No depository institution may include the amount available under the overdraft coverage program of a consumer as part of the transaction account balance of that consumer and the transaction account balance shall be more prominently displayed than any amount available under the overdraft coverage program. (h) Prompt notification Each depository institution shall promptly notify consumers, through a reasonable means selected by the consumer, when overdraft coverage has been accessed with respect to the account of the consumer, not later than on the day on which such access occurs, including— (1) the date of the transaction; (2) the type of transaction; (3) the overdraft amount; (4) the overdraft coverage fee; (5) the amount necessary to return the account to a positive balance; (6) whether the participation of a consumer in an overdraft coverage program will be terminated if the account is not returned to a positive balance within a given time period; and (7) information about any alternative overdraft products as described in this section. (i) Terminated or suspended coverage Each depository institution shall provide prompt notice to the consumer, using a reasonable means selected by the consumer, if the institution terminates or suspends access to an overdraft coverage program with respect to an account of the consumer, including a clear rationale for the action. (j) Overdraft coverage restrictions and fee limits for checks and automatic recurring payments (1) Frequency A depository institution may charge not more than 1 overdraft coverage fee in any single calendar month, and not more than 6 overdraft coverage fees in any single calendar year, per transaction account. (2) Reasonable and proportional overdraft coverage fees (A) In general The amount of any overdraft coverage fee shall be reasonable and proportional to the cost to the financial institution in providing the overdraft coverage for that transaction, including the cost to the financial institution of funds and other costs directly associated with the transaction. (B) Safe harbor rule authorized The Bureau, in consultation with the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, and the National Credit Union Administration Board, may issue rules to provide an amount for any overdraft coverage fee that is presumed to be reasonable and proportional to the costs to the financial institution in providing the overdraft coverage for the transaction. (3) Posting order Each depository institution shall post transactions with respect to transaction accounts in such a manner that minimizes overdraft coverage fees and nonsufficient fund fees. (k) Debit holds No depository institution may charge an overdraft coverage fee on any category of transaction, if the overdraft results solely from a debit hold amount placed on a transaction account that exceeds the actual dollar amount of the transaction. (l) Nondiscrimination for not opting In In implementing the requirements of this section, each depository institution shall provide to consumers who have not consented to participate in an overdraft coverage program transaction accounts having the same terms, conditions, or other features as those that are provided to consumers who have consented to participate in such overdraft coverage program, except for features of such overdraft coverage. (m) Nonsufficient fund fee limits (1) In general No depository institution may charge any nonsufficient fund fee with respect to— (A) any transaction at an automated teller machine; or (B) any debit card transaction. (2) Reasonable and proportional Reasonable and proportional nonsufficient fund fees. (A) In general The amount of any nonsufficient fund fee shall be reasonable and proportional to the cost to the financial institution directly associated with returning the transaction. (B) Safe harbor rule authorized The Bureau, in consultation with the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, and the National Credit Union Administration Board, may issue rules to provide an amount for any non-sufficient fund fee that is presumed to be reasonable and proportional to the costs to the financial institution of returning the transaction. (n) Reports to consumer reporting agencies (1) In general No depository institution may report negative information regarding the use of overdraft coverage by a consumer to any consumer reporting agency, as defined in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ), when the amounts of the overdraft are repaid under the terms of an overdraft coverage program. (2) Deletion A depository institution shall request that the consumer reporting agency described in paragraph (1) delete any previously reported negative information, including closure of an account due to unpaid overdrafts, if the consumer repays the overdrafts or tenders payment for the overdrafts to the depository institution or its successor. (o) Rule of construction No provision of this section may be construed as prohibiting a depository institution from retaining the discretion to pay, without assessing an overdraft coverage fee or charge, an overdraft incurred by a consumer. (p) Definitions relating to overdraft coverage For purposes of this section: (1) Check The term check — (A) has the meaning given the term in section 3 of the Check Clearing for the 21st Century Act ( 12 U.S.C. 5002 ); and (B) does not include a traveler's check. (2) Depository institution The term depository institution means any entity described in clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1)(A) ). (3) Nonsufficient fund fee The term nonsufficient fund fee means a fee or charge assessed in connection with an overdraft for which a depository institution declines payment. (4) Overdraft The term overdraft means, in a withdrawal by check or other debit from a consumer transaction account in which there are insufficient or unavailable funds in the account to cover such check or debit, the amount of such withdrawal that exceeds the available funds in the account. (5) Overdraft coverage The term overdraft coverage means the payment of a check presented or other debit posted against a consumer transaction account by the depository institution in which such account is held, even though there are insufficient or unavailable funds in the account to cover such checks or other debits. (6) Overdraft coverage fee The term overdraft coverage fee — (A) means any fee or charge assessed in connection with overdraft coverage, or in connection with any negative account balance that results from overdraft coverage; and (B) does not include— (i) a periodic rate in connection with an extension of credit through an overdraft line of credit program; and (ii) a fee or charge imposed in connection with any transfer from an account linked to another transaction account. (7) Overdraft coverage program The term overdraft coverage program means a service under which a depository institution assesses an overdraft coverage fee for overdraft coverage. (8) Transaction account The term transaction account has the meaning given the term in section 19(b)(1) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1) ). . (b) Technical amendment The table of contents for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 140A the following: 140B. Overdraft coverage program disclosures and consumer protection. . 5. Regulatory authority of the CFPB Not later than 2 years after the date of the enactment of this Act, the CFPB shall issue such final rules and publish such model forms as necessary to carry out section 140B of the Truth in Lending Act, as added by section 4 of this Act. 6. Effective date (a) In general This Act and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act, whether or not the rules of the CFPB under this Act or such amendments are prescribed in final form. (b) Moratorium on fee increases During the 1-year period beginning on the date of the enactment of this Act, no depository institution may increase the overdraft coverage fees or charges assessed on transaction accounts for paying a transaction (including a check or other debit) in connection with an overdraft or for nonsufficient funds. | https://www.govinfo.gov/content/pkg/BILLS-117s2677is/xml/BILLS-117s2677is.xml |
117-s-2678 | II 117th CONGRESS 1st Session S. 2678 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , Mr. Blunt , and Mr. Young ) 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 reinstate criminal penalties for persons charging veterans unauthorized fees, and for other purposes.
1. Short title This Act may be cited as the Protect Our Disabled Heroes Act of 2021 . 2. Reinstatement of penalties for charging veterans unauthorized fees (a) In general Section 5905 of title 38, United States Code, is amended to read as follows: 5905. Penalty for certain acts (a) In general Except as provided in section 5904 or 1984 of this title, whoever commits any of the following acts shall be fined as provided in title 18, or imprisoned for not more than one year, or both: (1) In connection with a proceeding before the Department, knowingly solicits, contracts for, charges, or receives any fee or compensation for— (A) the provision of advice on how to file a claim for benefits under the laws administered by the Secretary; or (B) the preparation, presentation, or prosecution of such a claim. (2) In connection with a proceeding before the Department, attempts to solicit, contract for, charge, or receive any fee or compensation as described in paragraph (1). (3) Unlawfully withholds from any claimant or beneficiary any part of a benefit or claim under the laws administered by the Secretary that is allowed and due to the claimant or beneficiary, or attempts to do so. (4) Commits an offense punishable by this section, or aids, abets, counsels, commands, or procures the commission of such an act. (5) Causes an act to be done, which if directly performed would be punishable under this chapter. (b) Rule of construction Except as otherwise provided in this title, paragraphs (1) and (2) of subsection (a) shall not be construed to prohibit someone from providing the services described in subparagraphs (A) and (B) of paragraph (1) of such subsection on a complimentary or gratuitous basis. . (b) Limitations on for-Profit business transactions Section 5904 of title 38, United States Code is amended by adding the following new subsection: (e) Limitations on for-Profit business transactions The Secretary may prescribe, by rule, such limitations and restrictions as the Secretary considers reasonable on— (1) the types of for-profit business transactions which may be entered into with a claimant by an agent or attorney who is recognized under this section and is preparing, presenting, or prosecuting for that claimant a claim under a law administered by the Secretary; and (2) when an agent or attorney recognized under this section may agree to prepare, present, or prosecute a claim under a law administered by the Secretary for a claimant with whom that agent or attorney already has a business relationship other than for the preparation, presentation, or prosecution of a claim under a law administered by the Secretary. . (c) Effective date The amendment made by subsection (a) shall apply with respect to acts committed after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2678is/xml/BILLS-117s2678is.xml |
117-s-2679 | II 117th CONGRESS 1st Session S. 2679 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Grassley (for himself and Mr. Whitehouse ) 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 make clarifications with respect to amendments made by the Small Business Reorganization Act, and for other purposes.
1. Short title This Act may be cited as the Small Business Reorganization Technical Corrections Act . 2. Title 11 amendments (a) Definition of small business debtor Section 101(51D)(B)(iii) of title 11, United States Code, is amended by striking an issuer and all that follows and inserting a corporation described in clause (ii). . (b) Definition of debtor Section 1182(1)(B) of title 11, United States Code, is amended— (1) in clause (i), by inserting under this title after affiliated debtors ; and (2) in clause (iii), by striking an issuer and all that follows and inserting a corporation described in clause (ii). . (c) Trustee Section 1183(b)(5) of title 11, United States Code, is amended— (1) by striking possession, perform and inserting “possession— (A) perform ; (2) in subparagraph (A), as so designated— (A) by striking , including operating the business of the debtor ; and (B) by adding and at the end; and (3) by adding at the end the following: (B) be authorized to operate the business of the debtor; . (d) Confirmation of plan Section 1191(c) of title 11, United States Code, is amended by striking paragraph (3) and inserting the following: (3) (A) The debtor will be able to make all payments under the plan; or (B) (i) there is a reasonable likelihood that the debtor will be able to make all payments under the plan; and (ii) the plan provides appropriate remedies, which may include the liquidation of nonexempt assets, to protect the holders of claims or interests in the event that the payments are not made. . | https://www.govinfo.gov/content/pkg/BILLS-117s2679is/xml/BILLS-117s2679is.xml |
117-s-2680 | II 117th CONGRESS 1st Session S. 2680 IN THE SENATE OF THE UNITED STATES August 9, 2021 Ms. Warren (for herself, Mr. King , Mr. Merkley , Mr. Markey , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose a tax on real profits of certain corporations.
1. Short title This Act may be cited as the Real Corporate Profits Tax Act of 2021 . 2. Imposition of additional tax on real corporate profits (a) Imposition of tax (1) In general Subtitle A of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 4A Tax on corporate book income Sec. 1476. Tax on book income. Sec. 1477. Credit for income taxes paid. 1476. Tax on book income (a) In general In addition to any other tax, in the case of a corporation, there is imposed a tax for each taxable year on so much of the adjusted net book income of the corporation as exceeds $100,000,000. (b) Amount of tax The amount of tax imposed under subsection (a) shall be 7 percent. (c) Adjusted net book income For purposes of this section— (1) In general The term adjusted net book income means the net income or loss of the taxpayer set forth on the taxpayer's applicable financial statement as required to be reported (or as would have been properly reported if the taxpayer were so required) on the taxpayer’s financial statement net income or loss reconciliation for the fiscal year ending with or within such taxable year, determined without regard to the tax imposed by this section and adjusted as provided in this subsection. (2) Group of entities For purposes of this subsection— (A) if the financial results of a taxpayer are reported on the applicable financial statement for a group of entities, such statement shall be treated as the applicable financial statement of the taxpayer, and (B) if the taxpayer files a consolidated return for any taxable year, adjusted net book income for such taxable year shall take into account items on the taxpayer's applicable financial statement which are properly allocable to members of such group included on such return. (3) Applicable financial statement For purposes of this subsection, the term applicable financial statement has the meaning given such term under section 451(b)(3). (d) Exception Subsection (a) shall not apply to a corporation subject to the tax imposed under subchapter M (relating to regulated investment companies and real estate investment trusts). (e) Application to foreign corporations In the case of a foreign corporation, the tax imposed by subsection (a) shall apply only to those items on the taxpayer’s applicable financial statement as are properly allocable to the income of the taxpayer which is effectively connected with the conduct of a trade or business within the United States (as determined under rules similar to the rules in section 882). (f) Regulations The Secretary shall prescribe such regulations and guidance as necessary to carry out the purposes of this section, including regulations and guidance related to the application of this section to consolidated financial statements. 1477. Credit for income taxes paid (a) In general In the case of a taxpayer other than an S corporation, there shall be allowed a credit against the tax imposed by section 1476 for any taxable year an amount equal to 33 percent of so much of the taxpayer’s net regular tax liability for the taxable year as exceeds the product of— (1) the highest rate of tax specified in section 11, and (2) the dollar amount described in section 1476(a). (b) Net regular tax liability For purposes of this section, the term net regular tax liability means the regular tax liability imposed under chapter 1 reduced by the sum of the credits allowable under subparts A, B and D of part IV of subchapter A of chapter 1. . (2) Clerical amendment The table of chapter for the Internal Revenue Code of 1986 is amended to read as follows: Chapter 4A—Tax on corporate book income . (b) Denial of income tax deduction Section 275(a)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ; and , and by adding at the end the following new paragraph: (4) the tax imposed by chapter 4A. . (c) 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-117s2680is/xml/BILLS-117s2680is.xml |
117-s-2681 | II 117th CONGRESS 1st Session S. 2681 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Marshall (for himself, Mr. Braun , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the level of telework of employees of agencies to return to the level of telework of those employees on February 14, 2020, and for other purposes.
1. Short title This Act may be cited as the Return Act . 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 101 of title 31, United States Code. (2) Covered period The term covered period means the period beginning on February 14, 2020, and ending on the date of enactment of this Act. (3) Telework The term telework has the meaning given the term in section 6501 of title 5, United States Code. 3. Requirement to return Not later than September 30, 2021, the head of each agency shall require the level of telework of employees of the agency to return to the level of telework of those employees on February 14, 2020. 4. Report Not later than 90 days after the date of enactment of this Act, the Administrator of General Services, in coordination with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, shall submit to Congress a report that includes a description of how, during the covered period, agency services and response times for individuals in the United States who benefit from services of agencies were affected by— (1) the increased level of telework of employees of agencies; and (2) the limited access to physical mail, data servers, and voice mail at agencies. | https://www.govinfo.gov/content/pkg/BILLS-117s2681is/xml/BILLS-117s2681is.xml |
117-s-2682 | II 117th CONGRESS 1st Session S. 2682 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Rubio (for himself, Mr. Cramer , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title III of division H of the Consolidated Appropriations Act, 2021 to prohibit the expenditure of funds on divisive concepts under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education.
1. Short title This Act may be cited as the Protect Equality And Civics Education Act or the PEACE Act . 2. Limitation on use of funds After section 318 of title III of division H of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), insert the following: 319. (a) None of the funds made available by this title for an American history and civics education program under subpart 3 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6661 et seq. ) may be used to fund curriculum, or teaching or counseling, that promotes or compels a divisive concept under the priorities noticed in the proposed rule submitted by the Department of Education relating to Proposed Priorities-American History and Civics Education (published at 86 Fed. Reg. 20348 (April 19, 2021)). (b) In this section: (1) The term promotes or compels a divisive concept , means race stereotyping or race scapegoating, or promotion of one or more of the following concepts: (A) One race is inherently superior to another race. (B) The United States is fundamentally racist. (C) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (D) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race. (E) Members of one race cannot and should not attempt to treat others without respect to race. (F) An individual's moral character is necessarily determined by his or her race. (G) An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other members of the same race. (H) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race. (I) Meritocracy or traits such as a hard work ethic are racist, or were created by a particular race to oppress another race. (2) The term race scapegoating means assigning fault, blame, or bias to a race, or to members of a race because of their race. (3) The term race stereotyping means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race, or to an individual because of the individual’s race. . | https://www.govinfo.gov/content/pkg/BILLS-117s2682is/xml/BILLS-117s2682is.xml |
117-s-2683 | II 117th CONGRESS 1st Session S. 2683 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mrs. Gillibrand (for herself, Mr. Schumer , Mr. Menendez , Mr. Booker , Mr. Murphy , 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 amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program, and for other purposes.
1. Short title This Act may be cited as the 9/11 Responder and Survivor Health Funding Correction Act . 2. Flexibility for certifications under the World Trade Center Health Program (a) In general Section 3305(a) of the Public Health Service Act ( 42 U.S.C. 300mm–4(a) ) is amended— (1) in paragraph (2)(A)(ii), by inserting subject to paragraph (6), before for ; and (2) by adding at the end the following: (6) Licensed health care provider flexibility (A) In general For purposes of an initial health evaluation described in paragraph (2)(A)(ii) (including any such evaluation provided under section 3321(b) or through the nationwide network under section 3313), such evaluation may be conducted by a physician or any other licensed health care provider in a category of health care providers determined by the Secretary under subparagraph (B). (B) Categories of licensed health care providers Not later than 60 days after the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act , the WTC Program Administrator shall issue regulations for the categories of licensed health care providers who, in addition to licensed physicians, may conduct evaluations under subparagraph (A) and make determinations under section 3312(b). . (b) Flexibility for WTC responders Section 3312(b) of such Act ( 42 U.S.C. 300mm–22(b) ) is amended— (1) in paragraph (1), by striking physician each place it appears and inserting physician or other licensed health care provider in a category determined by the Secretary under section 3305(a)(6)(B) ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking physician and inserting physician or other licensed health care provider in a category determined by the Secretary under section 3305(a)(6)(B) ; (ii) in clause (i), by striking physician and inserting physician or other licensed health care provider ; and (iii) in clause (ii), by striking such physician's determination and inserting the determination of such physician or other licensed health care provider ; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking physician determinations and inserting determinations by physicians or other licensed health care providers in categories determined by the Secretary under section 3305(a)(6)(B) ; and (ii) in clause (i), by striking physician panel and inserting panel of physicians or other licensed health care providers in categories determined by the Secretary under section 3305(a)(6)(B) ; and (3) in paragraph (5), by striking examining physician and inserting examining physician or other licensed health care provider in a category determined by the Secretary under section 3305(a)(6)(B) . 3. Criteria for credentialing health care providers participating in the nationwide network Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. ) is amended— (1) in section 3305(a)(2) ( 42 U.S.C. 300mm–4(a)(2) )— (A) in subparagraph (A)— (i) by striking clause (iv); and (ii) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively; (B) by striking subparagraph (B); and (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (2) in section 3313(b)(1) ( 42 U.S.C. 300mm–23(b)(1) ), by striking Data Centers and inserting WTC Program Administrator . 4. Clarifying calculation of enrollment (a) Responders Section 3311(a) of such Act ( 42 U.S.C. 300mm–21(a) ) is amended by adding at the end the following: (6) Deceased WTC responders An individual known to the WTC Program Administrator to be deceased shall not be included in any count of enrollees under this subsection or section 3351. . (b) Survivors Section 3321(a) of such Act ( 42 U.S.C. 300mm–31(a) ) is amended by adding at the end the following: (5) Deceased WTC survivors An individual known to the WTC Program Administrator to be deceased shall not be included in any count of enrollees under this subsection or section 3351. . 5. Funding for the World Trade Center Health Program Section 3351 of the Public Health Service Act ( 42 U.S.C. 300mm–61 ) is amended— (1) in subsection (a)(2)(A)— (A) in clause (x), by striking $570,000,000; and and inserting $689,130,000; ; and (B) by striking clause (xi) and inserting the following: (xi) for fiscal year 2026, $930,325,500; (xii) for fiscal year 2027, $1,004,751,540; (xiii) for fiscal year 2028, $1,085,131,663; (xiv) for fiscal year 2029, $1,139,388,246; (xv) for fiscal year 2030, $1,196,357,659; (xvi) for fiscal year 2031, $1,256,175,542; and (xvii) for each subsequent fiscal year through fiscal year 2090— (I) the amount determined under this subparagraph for the previous fiscal year multiplied by 1.05; multiplied by (II) the ratio of— (aa) the total number of individuals enrolled in the WTC program on July 1 of such previous fiscal year; to (bb) the total number of individuals so enrolled on July 1 of the fiscal year prior to such previous fiscal year; plus ; and (2) in subsection (c)— (A) by amending paragraph (3) to read as follows: (3) Education and outreach For the purpose of carrying out section 3303— (A) for each of fiscal years 2016 through 2021, $750,000; and (B) for fiscal year 2022 and each subsequent fiscal year, $2,000,000. ; (B) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) for fiscal year 2021, the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act ; and (ii) in subparagraph (B), by striking 2017, $15,000,000 and inserting 2022, $20,000,000 ; and (C) in paragraph (5)— (i) by amending subparagraph (A) to read as follows: (A) for fiscal year 2021, the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act ; ; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: (B) for fiscal year 2022, $20,000,000; and . 6. Research cohort for emerging health impacts on youth (a) In general Section 3341 of the Public Health Service Act ( 42 U.S.C. 300mm–51 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Research cohort for emerging health impacts on youth The WTC Program Administrator shall establish a research cohort of sufficient size to conduct research studies on the health and educational impacts of exposure to airborne toxins, or any other hazard or adverse condition, resulting from the September 11, 2001, terrorist attacks on the population of individuals who were 21 years of age or younger at the time of exposure and who are enrolled in the WTC Program or otherwise eligible for enrollment in the Program under section 3321. . (b) Spending limitation exemption Section 3351(c)(5) of such Act ( 42 U.S.C. 300mm–61(c)(5) ) is amended in the matter preceding subparagraph (A), by inserting (other than subsection (c) of such section) after section 3341 . (c) Conforming amendment Section 3301(f)(2)(E) of such Act ( 42 U.S.C. 300mm(f)(2)(E) ) is amended by striking section 3341(a) and inserting subsection (a) or (c) of section 3341 . | https://www.govinfo.gov/content/pkg/BILLS-117s2683is/xml/BILLS-117s2683is.xml |
117-s-2684 | II 117th CONGRESS 1st Session S. 2684 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Toomey (for himself, Mr. Menendez , Mr. Rounds , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To protect the investment choices of investors in the United States, and for other purposes.
1. Short title This Act may be cited as the Consumer Financial Choice and Capital Markets Protection Act of 2021 . 2. Treatment of money market funds under the Investment Company Act of 1940 The Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. ) is amended by adding at the end the following: 66. Money market funds (a) Definitions In this section— (1) the term covered Federal assistance means Federal assistance used for the purpose of— (A) making any loan to, or purchasing any stock, equity interest, or debt obligation of, any money market fund; (B) guaranteeing any loan or debt issuance of any money market fund; or (C) entering into any assistance arrangement (including tax breaks), loss sharing, or profit sharing with any money market fund; and (2) the term Federal assistance means— (A) insurance or guarantees by the Federal Deposit Insurance Corporation; (B) transactions involving the Secretary of the Treasury; or (C) the use of any advances from any Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility established in unusual or exigent circumstances. (b) Election To be a stable value money market fund (1) In general Notwithstanding any other provision of this title, any open-end investment company (or a separate series thereof) that is a money market fund that relies on section 270.2a–7 of title 17, Code of Federal Regulations, may, in the prospectus included in its registration statement filed under section 8 state that the company or series has elected to compute the current price per share, for purposes of distribution or redemption and repurchase, of any redeemable security issued by the company or series by using the amortized cost method of valuation, or the penny-rounding method of pricing, regardless of whether its shareholders are limited to natural persons, if— (A) the objective or principal investment strategy of the company or series is not inconsistent with the generation of income and preservation of capital through investment in short-term, high-quality debt securities; (B) the board of directors of the company or series elects, on behalf of the company or series, to maintain a stable net asset value per share or stable price per share, by using the amortized cost valuation method, as defined in section 270.2a–7(a) of title 17, Code of Federal Regulations (or successor regulation), or the penny-rounding pricing method, as defined in section 270.2a–7(a) of title 17, Code of Federal Regulations (or successor regulation), and the board of directors of the company has determined, in good faith, that— (i) it is in the best interests of the company or series, and its shareholders, to do so; and (ii) the money market fund will continue to use such method or methods only as long as the board of directors believes that the resulting share price fairly reflects the market-based net asset value per share of the company or series; and (C) the company or series will comply with such quality, maturity, diversification, liquidity, and other requirements, including related procedural and recordkeeping requirements, as the Commission, by rule or regulation or order, may prescribe or has prescribed as necessary or appropriate in the public interest or for the protection of investors to the extent that such requirements and provisions are not inconsistent with this section. (2) Exemption from default liquidity fee requirements Notwithstanding section 270.2a–7 of title 17, Code of Federal Regulations (or successor regulation), no company or series that makes the election under paragraph (1) shall be subject to the default liquidity fee requirements of section 270.2a–7(c)(2)(ii) of title 17, Code of Federal Regulations (or successor regulation). (c) Prohibition against Federal Government bailouts of money market funds Notwithstanding any other provision of law (including regulations), covered Federal assistance may not be provided directly to any money market fund. (d) Disclosure of the prohibition against Federal Government bailouts of money market funds (1) In general No principal underwriter of a redeemable security issued by a money market fund nor any dealer shall offer or sell any such security to any person unless the prospectus of the money market fund and any advertising or sales literature for such fund prominently discloses the prohibition against direct covered Federal assistance as described in subsection (c). (2) Rules, regulations, and orders The Commission may, after consultation with and taking into account the views of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Department of the Treasury, adopt rules and regulations and issue orders consistent with the protection of investors, prescribing the manner in which the disclosure under this subsection shall be provided. (e) Continuing obligation To meet requirements of this title A company or series that makes an election under subsection (b)(1) shall remain subject to the provisions of this title and the rules and regulations of the Commission thereunder that would otherwise apply if those provisions do not conflict with the provisions of this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2684is/xml/BILLS-117s2684is.xml |
117-s-2685 | II 117th CONGRESS 1st Session S. 2685 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Cruz (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 terminate any existing mask mandates imposed by the Federal Government, to prevent the implementation of new mask mandates, to preserve individual liberty, and for other purposes.
1. Short title This Act may be cited as the No Mask Mandates Act of 2021 . 2. Termination of face mask orders (a) Termination Effective on the date of enactment of this Act, the following shall be void and have no force or effect: (1) Executive Order 13991 (86 Fed. Reg. 7045), issued on January 20, 2021. (2) The order issued by the Centers for Disease Control and Prevention on January 29, 2021, pursuant to section 361 of the Public Health Service Act ( 42 U.S.C. 264 ), requiring persons to wear masks while on conveyances and at transportation hubs. (b) No authority To issue subsequent orders Notwithstanding any other provision of law, no Federal agency or office may issue an order requiring persons to wear face masks in response to COVID–19. 3. Restrictions on the use of previously appropriated funds Notwithstanding any other provision of law, no funds previously appropriated by Congress may be used by any executive agency or department of the United States to develop, implement, or otherwise enforce any Federal rule, regulation, or order requiring persons to wear masks in response to COVID–19. | https://www.govinfo.gov/content/pkg/BILLS-117s2685is/xml/BILLS-117s2685is.xml |
117-s-2686 | II 117th CONGRESS 1st Session S. 2686 IN THE SENATE OF THE UNITED STATES August 9, 2021 Mr. Cruz (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit vaccination mandates for COVID–19.
1. Short title This Act may be cited as the No Vaccine Mandates Act of 2021 . 2. Vaccinations (a) In general Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: 117A Vaccinations 2431. Vaccinations (a) Requirements (1) In general Except as provided in paragraph (2), it shall be unlawful to— (A) require any United States person to receive a vaccine that has only received authorization by the Food and Drug Administration through an emergency use authorization pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ), or that has received such authorization prior to receiving full approval or licensure under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); or (B) vaccinate with a vaccine that has only received authorization by the Food and Drug Administration through such an emergency use authorization, or that has received such authorization prior to receiving such full approval or licensure— (i) an individual under the age of 18; or (ii) an individual that lacks the capacity to exercise the right to consent to be vaccinated. (2) Exceptions Paragraph (1) shall not apply if the individual, or if the individual is a minor or is otherwise unable to consent, a parent, guardian, conservator, or attorney-in-fact of the individual, provides consent to be vaccinated in accordance with subsection (b). (b) Right To be informed Any person that administers a vaccine for the coronavirus disease 2019 (COVID–19) shall, consistent with medical ethics and applicable informed consent laws of the State in which the vaccine is administered and any applicable Federal regulations related to informed consent laws, disclose to any individual, before the vaccine is administered, the risks associated with the vaccine so that the individual can make an informed decision. (c) Civil actions (1) In general Any individual aggrieved by a violation of subsection (a) may bring a civil action in an appropriate court against any person who negligently participated in the vaccination of the individual in violation of that subsection. (2) Civil action on behalf of individuals unable to consent A parent, guardian, or conservator of an individual aggrieved by a violation of subsection (a) who is a minor or otherwise unable to provide consent may bring a civil action on behalf of that individual in an appropriate court against any person who negligently participated in the vaccination of that person in violation of subsection (a). (3) Appropriate relief Appropriate relief under this section is the lesser of— (A) $10,000; or (B) an amount equal to the actual damages sustained by the individual aggrieved by a violation of this section. . (b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to section 117 the following: 117A. Vaccinations 2431 . | https://www.govinfo.gov/content/pkg/BILLS-117s2686is/xml/BILLS-117s2686is.xml |
117-s-2687 | II 117th CONGRESS 1st Session S. 2687 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Tester (for himself, Mr. Boozman , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To provide the Inspector General of the Department of Veterans Affairs testimonial subpoena authority, and for other purposes.
1. Short title This Act may be cited as the Strengthening Oversight for Veterans Act of 2021 . 2. Testimonial subpoena authority of the Inspector General of the Department of Veterans Affairs (a) In general Section 312 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) (A) In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) and in accordance with the requirements of this subsection, the Inspector General, in carrying out the provisions of this section, may require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by the Inspector General Act of 1978 (5 U.S.C. App.) and this section, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate district court of the United States. (B) The Inspector General may not require by subpoena the attendance and testimony under subparagraph (A) of— (i) any current Federal employee; or (ii) any witness as part of any criminal proceeding. (2) The authority to issue a subpoena under paragraph (1) may not be delegated. (3) (A) The Inspector General shall notify the Attorney General of the intent to issue a subpoena under paragraph (1). (B) Not later than 10 days after the date on which the Attorney General is notified pursuant to subparagraph (A), the Attorney General may object in writing to the issuance of the subpoena if the subpoena will interfere with an ongoing investigation and, if the Attorney General makes such an objection, the Inspector General may not issue the subpoena. (C) If the Attorney General does not object in writing to the issuance of the subpoena during the 10-day period described in subparagraph (B), the Inspector General may issue the subpoena. (4) Before requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the degree practicable— (A) notify the witness of the intent of the Inspector General to issue the subpoena; and (B) provide the witness an opportunity to attend and testify voluntarily. (5) Whenever requiring by subpoena under paragraph (1) the attendance and testimony of a witness, the Inspector General shall, to the greatest extent practicable, travel to residence of the witness, the principal place of business of the witness, or other similar location that is in proximity to the residence of the witness. (6) (A) Along with each semiannual report submitted by the Inspector General pursuant to section 5(b) of the Inspector General Act of 1978 ( 5 U.S.C. App. 5(b) ), the Inspector General shall include a report on the exercise of the authority provided by paragraph (1). (B) Each report submitted under subparagraph (A) shall include, for the most recently completed six-month period, the following: (i) The number of testimonial subpoenas issued and the number of individuals interviewed pursuant to such subpoenas. (ii) The number of proposed testimonial subpoenas with respect to which the Attorney General objected under paragraph (3)(B). (iii) A discussion of any challenges or concerns that the Inspector General has encountered exercising the authority provided by paragraph (1). (iv) Such other matters as the Inspector General considers appropriate. . (b) Effective date (1) In general Subsection (d) of section 312 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act. (2) Semiannual report Paragraph (6) of subsection (d) of such section, as so added, shall apply beginning on the date that is seven months after the first day of the first fiscal year beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2687is/xml/BILLS-117s2687is.xml |
117-s-2688 | II 117th CONGRESS 1st Session S. 2688 IN THE SENATE OF THE UNITED STATES August 10, 2021 Ms. Hirono (for herself, Mr. Sullivan , Ms. Duckworth , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require consultations on reuniting Korean Americans with family members in North Korea.
1. Short title This Act may be cited as the Korean War Divided Families Reunification Act . 2. Consultations on reuniting Korean americans with family members in North Korea (a) Findings Congress makes the following findings: (1) The division of the Korean Peninsula into South Korea and North Korea separated thousands of Koreans from family members. (2) Since the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the Korean War Armistice Agreement ), there has been little to no contact between Korean Americans and family members who remain in North Korea. (3) North Korea and South Korea first agreed to reunions of divided families in 1985 and have since held 21 face-to-face reunions and multiple video link reunions. (4) Those reunions have subsequently given approximately 24,500 Koreans the opportunity to briefly reunite with loved ones. (5) The most recent family reunions between North Korea and South Korea took place in August 2018 and did not include any Korean Americans. (6) The United States and North Korea do not maintain diplomatic relations and certain limitations exist on Korean Americans participating in face-to-face reunions. (7) According to the most recent census, more than 1,700,000 people living in the United States are of Korean descent. (8) The number of first generation Korean and Korean American family members divided from family members in North Korea is rapidly diminishing given the advanced age of those family members. More than 3,000 elderly South Koreans die each year without having been reunited with their family members. (9) Many Korean Americans with family members in North Korea have not seen or communicated with those family members in more than 60 years. (10) The inclusion of Korean American families in the reunion process, with the support of international organizations with expertise in family tracing, would constitute a positive humanitarian gesture by the Government of North Korea. (11) Section 1265 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 407) required the President to submit to Congress a report on efforts, if any, of the United States Government to facilitate family reunions between United States citizens and their relatives in North Korea . (12) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, although the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817 ). (13) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 3081, 111th Congress (House Report 111–187), the Committee urged the Special Representative on North Korea Policy, as the senior official handling North Korea issues, to prioritize the issues involving Korean divided families and to, if necessary, appoint a coordinator for such families . (14) In the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 133, 116th Congress (House Report 116–444), the Committee urged the Office of North Korean Human Rights, in consultation with Korean American community organizations, to identify Korean Americans who wish to be reunited with their family in North Korea in anticipation of future reunions . (b) Consultations (1) Consultations with south korea The Secretary of State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities to reunite Korean American families with family members in North Korea from which such Korean American families were divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (2) Consultations with korean americans The Special Envoy on North Korean Human Rights Issues of the Department of State should regularly consult with representatives of Korean Americans who have family members in North Korea with respect to efforts to reunite families divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for Korean Americans with such family members. (3) No additional authorization of appropriations No additional amounts are authorized to be appropriated to the Department of State to carry out consultations under this subsection. (c) Additional matter in report The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 ( 22 U.S.C. 7817(d) ), a description of the consultations described in subsection (b) conducted during the year preceding the submission of each report required under such section 107(d). | https://www.govinfo.gov/content/pkg/BILLS-117s2688is/xml/BILLS-117s2688is.xml |
117-s-2689 | II 117th CONGRESS 1st Session S. 2689 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Burr (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to ensure that children in foster care who are placed in a qualified residential treatment program are eligible for Medicaid.
1. Short title This Act may be cited as the Ensuring Medicaid Continuity for Children in Foster Care Act of 2021 . 2. Exemption of children in foster care who are placed in a qualified residential treatment program from the Medicaid IMD exclusion (a) In general Section 1905(a)(31)(B) of the Social Security Act ( 42 U.S.C. 1396d(a)(31)(B) ) is amended by inserting and services provided to any individual who is a child in foster care under the responsibility of a State who has been placed in a child care institution that is a qualified residential treatment program (as defined in section 472(k)(4)), without regard to whether payments are made on behalf of such child under section 472 after section 1915(l) . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2021, and shall apply with respect to items and services furnished in calendar quarters beginning on or after that date. | https://www.govinfo.gov/content/pkg/BILLS-117s2689is/xml/BILLS-117s2689is.xml |
117-s-2690 | II 117th CONGRESS 1st Session S. 2690 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Scott of South Carolina (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To require the Small Business Administration to license new lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes.
1. Short title This Act may be cited as the Expanding Access to Affordable Credit for Small Businesses Act . 2. Licensing of small business lending companies (a) In general Section 7(a)(17) of the Small Business Act ( 15 U.S.C. 636(a)(17) ) is amended to read as follows: (17) Licensing of small business lending companies (A) In general The Administration shall authorize lending institutions and other entities, including small business lending companies, non-Federally regulated lenders, and non-depository lending institutions, in addition to banks to make loans authorized under this subsection. (B) Criteria In authorizing lending institutions and other entities under subparagraph (A), the Administration shall ensure that each such institution or other entity— (i) provides an independent audit by a third party or internal independent audit department that examines adherence to all applicable Federal anti-money laundering, terrorist financing, sanctions, and financial crimes laws and regulations; and (ii) has in place a compliance program that is designed to be in conformance with all relevant anti-money laundering laws and regulations expectations described in the Federal Financial Institutions Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual and other regulatory guidance, including— (I) an annual financial crimes risk assessment; (II) designation of an anti-money laundering Officer; (III) a customer identification program; (IV) customer due diligence and enhanced due diligence; (V) suspicious activity monitoring and reporting; (VI) information sharing; (VII) record retention; (VIII) sanctions implemented by the Office of Foreign Assets Control; (IX) annual employee training, including general training and job-specific training; and (X) monitoring and testing. (C) Prohibition on moratorium The Administration may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). (D) New applicants Not later than 1 year after the date of enactment of the Expanding Access to Affordable Credit for Small Businesses Act , the Administration shall begin accepting applications for the licensing of lending institutions described in subparagraph (A). (E) Reports Not later than 1 year after the date of enactment of the Expanding Access to Affordable Credit for Small Businesses Act , and annually thereafter, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes, with respect to the year preceding the report— (i) the number of lending institutions and other entities described in subparagraph (A) that applied to make loans under this subsection; (ii) the number of lending institutions and other entities described in subparagraph (A) that the Administration approved to make loans under this subsection; (iii) if the application of a lending institution or other entity described in subparagraph (A) was denied, the reason why for each such denial; (iv) the number and total amount of loans made by under this subsection by lending institutions and other entities described in subparagraph (A); and (v) demographic information on the recipients of the loans described in clause (iv). (F) Rule of construction Nothing in this paragraph shall be construed to provide authority to the Administration to regulate small business lending companies, non-Federally regulated lenders, or non-depository lending institutions. . (b) Funding There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lenders authorized under section 7(a)(17) of the Small Business Act ( 15 U.S.C. 636(a)(17) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2690is/xml/BILLS-117s2690is.xml |
117-s-2691 | II 117th CONGRESS 1st Session S. 2691 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Reed (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to ensure adequate access to vaccines under the Medicaid program and the Vaccines for Children program, and for other purposes.
1. Short title This Act may be cited as the Strengthening the Vaccines for Children Program Act of 2021 . 2. Ensuring adequate access to vaccines under the Medicaid program and the Vaccines for Children program (a) Expansion of definition of federally vaccine-Eligible child Paragraph (2) of section 1928(b) of the Social Security Act ( 42 U.S.C. 1396s(b) ) is amended— (1) in subparagraph (A)— (A) in clause (iii), by striking A child who and all that follows through the period at the end and inserting A child who is administered a qualified pediatric vaccine and is not insured with respect to such vaccine. ; and (B) by adding at the end the following new clause: (v) A child who is enrolled for child health assistance under a State child health plan approved under title XXI. ; and (2) in subparagraph (B)(ii)(II), by striking for purposes of subparagraph (A)(iii)(II) and inserting for purposes of subparagraph (A)(iii) . (b) Coverage of vaccine counseling and educational services under Medicaid (1) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in paragraph (30), by striking and at the end; (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) vaccine counseling and educational services furnished to children under the age of 19 on or after the date of the enactment of this paragraph, including any such services furnished as part of a multiple component vaccine (identified as of July 1, 2021, by CPT code 90461) and including any such services furnished under the program established by the State pursuant to section 1928 to a vaccine-eligible child (as defined in subsection (b) of such section); and . (2) Mandatory benefit Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended by striking and (30) and inserting (30), and (31) . (c) Clarification of coverage of pediatric vaccines and vaccine counseling and educational services under the Vaccines for Children program Section 1928(c)(2)(C)(ii) of the Social Security Act ( 42 U.S.C. 1396s(c)(2)(C)(ii) ) is amended to read as follows: (ii) The provider may impose— (I) in the case of a qualified pediatric vaccine not described in subclause (II), a fee for the administration of and counseling for such vaccine so long as the fee in the case of a federally vaccine-eligible child does not exceed the costs of such administration and counseling (as determined by the Secretary based on actual regional costs for such administration and counseling); and (II) in the case of a qualified pediatric vaccine that is a multiple component vaccine, a separate charge for the administration of and counseling for each component of such vaccine so long as the charge in the case of a federally vaccine-eligible child does not exceed— (aa) with respect to the first component of such vaccine, the costs of such administration and counseling for such component (as determined by the Secretary based on actual regional costs for such administration and counseling for such first component); and (bb) with respect to a subsequent component of such vaccine, the payment rate that applies to such administration and counseling for such component and provider under part B of title XVIII. . (d) Minimum payment requirement for vaccine administration services Section 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended— (1) in subparagraph (B), by striking ; and and inserting a semicolon; (2) in subparagraph (C), by striking the semicolon at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) for payment for vaccine administration, counseling and educational services provided on or after the date of the enactment of this subparagraph, with regard to vaccine administration and counseling services furnished by a provider for each additional component of a vaccine after the first component, at a rate that is at least 80 percent of the payment rate that applies to such services and provider for the first or only component of a vaccine under the State plan at the time of service; . (e) Increase in Federal medical assistance percentage (1) In general Subject to paragraph (2), for each calendar quarter occurring during the period beginning on January 1, 2022, and ending on December 31, 2023, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ), after application of section 6008 of the Families First Coronavirus Response Act ( Public Law 116–127 ) (if applicable), shall be increased by 1 percentage point. (2) Requirements (A) In general A State described in paragraph (1) may not receive the increase described in such paragraph in the Federal medical assistance percentage for such State, with respect to a quarter, if, throughout such quarter, such State does not ensure culturally competent and effective messages for vaccination outreach to child populations, which may include the dissemination of information highlighting— (i) advancements in research and vaccine development that have saved millions of individuals from death and disability from now-preventable diseases; (ii) information on how individuals across the lifespan benefit from immunizations, including those who cannot be vaccinated and rely on community immunity; (iii) information on the dangers of not being vaccinated, including the potential for infectious disease outbreaks within communities; and (iv) information on vaccine safety and the systems in place to monitor vaccine safety. (B) Requirement for certain States Section 1905(cc) of the Social Security Act ( 42 U.S.C. 1396d(cc) ) is amended— (i) by striking and section 6008 and inserting , section 6008 ; (ii) inserting , and section 2(e) of the Strengthening the Vaccines for Children Program Act of 2021 before , except that in applying ; and (iii) by inserting , and in applying such treatments to the increases in the Federal medical assistance percentage under section 2(e) of the Strengthening the Vaccines for Children Program Act of 2021 , the reference to December 31, 2009 shall be deemed to be a reference to December 31, 2021 before the period at the end. (f) Tribal epidemiology center data access With respect to data access for tribal epidemiology centers established under section 214 of the Indian Health Care Improvement Act ( 25 U.S.C. 1621m ), the Director of the Centers for Disease Control and Prevention may create a data sharing strategy that ensures such centers have access to data, data sets, monitoring systems, delivery systems, and other protected health information with respect to health care and public health surveillance systems of child and adolescent health necessary to accomplish such centers’ public health authority responsibilities described in such section or section 164.501 of title 45, Code of Federal Regulations. (g) Reports (1) In general For each of fiscal years 2022 and 2023, the Director of the Centers for Disease Control and Prevention, in coordination with each State that has established a pediatric vaccine distribution program under section 1928 of the Social Security Act ( 42 U.S.C. 1396s ), shall publish on the public internet website of the Centers for Disease Control and Prevention, in such manner as determined appropriate by the Director, information on vaccination rates under each such program during such year, including such rates disaggregated by region, age, sex, race, ethnicity, and other demographic factors determined appropriate by the Director. (2) Effects on vaccination rates and program participation 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 containing an analysis of the effects of the provisions of, and the amendments made by, this Act on— (A) vaccination rates under the pediatric vaccine distribution program under section 1928 of the Social Security Act ( 42 U.S.C. 1396s ); and (B) provider participation in such program. | https://www.govinfo.gov/content/pkg/BILLS-117s2691is/xml/BILLS-117s2691is.xml |
117-s-2692 | II 117th CONGRESS 1st Session S. 2692 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Blumenthal (for himself, Ms. Baldwin , Mr. Brown , and Ms. Hirono ) 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 modify the limitation on reimbursement for emergency treatment of amounts owed to a third party or for which the veteran is responsible under a health-plan contract.
1. Short title This Act may be cited as the Veterans Emergency Care Reimbursement Act of 2021 . 2. Modification of limitation on reimbursement for emergency treatment of amounts owed to a third party or for which the veteran is responsible under a health-plan contract (a) In general Section 1725(c)(4)(D) of title 38, United States Code, is amended— (1) by striking The Secretary and inserting (i) The Secretary ; (2) in clause (i), as designated by paragraph (1), by striking or similar payment and inserting of less than $100 ; and (3) by adding at the end the following new clause: (ii) In this subparagraph, the term copayment means a fixed amount paid by an individual for a covered health service received by the individual and does not include any amount paid for a deductible or coinsurance. . (b) Application of amendment The amendments made by subsection (a) shall apply with respect to any reimbursement claim under section 1725 of such title submitted to the Department of Veterans Affairs for emergency treatment furnished on or after February 1, 2010, including any such claim submitted by a member of the certified class seeking relief in Wolfe v. McDonough, No. 18-6091 (U.S. Vet. App.). (c) Definitions In this section: (1) Emergency treatment; health-plan contract The terms emergency treatment and health-plan contract have the meanings given those terms in section 1725(f) of title 38, United States Code. (2) Reimbursement claim The term reimbursement claim includes any claim by a veteran for reimbursement of a copayment, deductible, coinsurance, or any other type of cost share for emergency treatment furnished to the veteran in a non-Department of Veterans Affairs facility and made by a veteran who had coverage under a health-plan contract, including any claim for the reasonable value of emergency treatment that was rejected or denied by the Department of Veterans Affairs, whether the rejection or denial was final or not. | https://www.govinfo.gov/content/pkg/BILLS-117s2692is/xml/BILLS-117s2692is.xml |
117-s-2693 | II 117th CONGRESS 1st Session S. 2693 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Padilla (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Reclamation Projects Authorization and Adjustment Act of 1992 to authorize additional projects related to the Salton Sea, and for other purposes.
1. Short title This Act may be cited as the Salton Sea Projects Improvements Act . 2. Research Project Section 1101 of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 ; 106 Stat. 4661) is amended— (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (2) by inserting after subsection (a) the following: (b) Additional project authorities (1) In general The Secretary of the Interior, acting through the Commissioner of Reclamation, may provide grants and enter into contracts and cooperative agreements to carry out projects located in the area of the Salton Sea in southern California to improve air quality, fish and wildlife habitat, recreational opportunities, and water quality, in partnership with— (A) State, Tribal, and local governments; (B) water districts; (C) joint powers authorities, including the Salton Sea Authority; (D) nonprofit organizations; and (E) institutions of higher education. (2) Included activities The projects described in paragraph (1) may include— (A) construction, operation, maintenance, permitting, and design activities required for the projects; and (B) dust suppression projects. ; and (3) in subsection (e) (as so redesignated), by striking $10,000,000 and inserting $250,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s2693is/xml/BILLS-117s2693is.xml |
117-s-2694 | II 117th CONGRESS 1st Session S. 2694 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Wyden (for himself, Mr. Casey , Mr. Blumenthal , Mr. Bennet , Mr. Whitehouse , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve care furnished and to support the workforce in skilled nursing facilities under the Medicare program and in nursing facilities under the Medicaid program, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Nursing Home Improvement and Accountability Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Transparency and accountability Sec. 101. Improving the accuracy and reliability of certain skilled nursing facility data. Sec. 102. Ensuring accurate information on cost reports. Sec. 103. Requiring a surety bond for skilled nursing facilities and nursing facilities. Sec. 104. Survey improvements. Sec. 105. Prohibiting pre-dispute arbitration agreements. Sec. 106. Improvements to the special focus facility program. TITLE II—Staffing Improvements Sec. 201. Nurse staffing requirements. Sec. 202. Improving Nursing Home Compare staffing data. Sec. 203. Ensuring the submission of accurate staffing data. Sec. 204. Requiring 24-hour use of registered professional nurses. Sec. 205. Provision of infection control services. Sec. 206. Enhanced funding to support staffing and quality care in nursing facilities. TITLE III—Building modification and staff investment demonstration program Sec. 301. Establishing a skilled nursing facility building modification and staff investment demonstration program. I Transparency and accountability 101. Improving the accuracy and reliability of certain skilled nursing facility data (a) Reduction in payments for inaccurate reporting Section 1888(e)(6)(A) of the Social Security Act ( 42 U.S.C. 1395yy(e)(6)(A) ) is amended— (1) in the header, by striking for failure to report ; and (2) in clause (i)— (A) by striking For fiscal years and inserting the following: (I) Failure to report For fiscal years ; and (B) by adding at the end the following new subclause: (II) Reporting of inaccurate information For fiscal years beginning with fiscal year 2025, in the case of a skilled nursing facility that submits data under this paragraph, measures under subsection (h), or resident assessment data described in section 1819(b)(3) with respect to such fiscal year that is inaccurate (as determined by the Secretary through the validation process described in section 1888(h)(12) or otherwise), after determining the percentage described in paragraph (5)(B)(i), and after application of clauses (ii) and (iii) of paragraph (5)(B) and of subclause (I) if this clause (if applicable), the Secretary shall reduce such percentage for payment rates during such fiscal year by 2 percentage points. . (b) Data and measures validation Section 1888(h)(12) of the Social Security Act ( 42 U.S.C. 1395yy(h)(12) ) is amended— (1) in subparagraph (A), by striking and the data submitted under subsection (e)(6) and inserting , the data submitted under subsection (e)(6), and, beginning with fiscal year 2024, the resident assessment data described in section 1819(b)(3) ; and (2) in subparagraph (B), by striking of $5,000,000 and all that follows through the period at the end and inserting the following: of— (i) $5,000,000 for each of fiscal years 2023 through 2025; and (ii) $50,000,000 for the period of fiscal years 2026 through 2035, to the Centers for Medicare & Medicaid Services Program Management Account, to remain available until expended. . (c) Providing authority To collect data on additional measures Section 1888(e)(6)(B)(i)(II) of the Social Security Act ( 42 U.S.C. 1395yy(e)(6)(B)(i)(II) ) is amended by inserting , and data on any other validated measure specified by the Secretary after under such subsection (d)(1) . 102. Ensuring accurate information on cost reports Section 1888(f) of the Social Security Act ( 42 U.S.C. 1395yy(f) ) is amended by adding at the end the following new paragraphs: (5) Audit of cost reports (A) In general Beginning in 2022, and annually thereafter, the Secretary shall conduct an audit of cost reports submitted under this title for a representative sample of skilled nursing facilities. (B) Funding The Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 to the Centers for Medicare & Medicaid Services Program Management Account, of $250,000,000 for fiscal year 2023 for purposes of carrying out this paragraph. Amounts transferred pursuant to the previous sentence shall remain available until expended. (6) Review of relationship between cost report data and quality (A) In general Not later than 2 years after the Secretary completes the first audit described in paragraph (5), and not less frequently than once every 2 years thereafter, the Inspector General of the Department of Health and Human Services shall conduct an analysis of, and submit to Congress a report on, the relationship between skilled nursing facility expenditures for functional accounts described in paragraph (3) and skilled nursing facility quality (as specified by the Inspector General). (B) Funding The Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 to the Inspector General of the Department of Health and Human Services $25,000,000 for fiscal year 2023 for purposes of carrying out this paragraph. Amounts transferred pursuant to the previous sentence shall remain available until expended . 103. Requiring a surety bond for skilled nursing facilities and nursing facilities (a) Medicare Section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) provides the Secretary with a surety bond in a form specified by the Secretary and in an amount that is not less than the minimum of $500,000, unless the Secretary waives the provision of such surety bond due to such facility providing a comparable surety bond under State law. . (b) Medicaid Section 1919(a) of the Social Security Act ( 42 U.S.C. 1396r(a) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by inserting after paragraph (3) the following new paragraph: (4) provides the Secretary with a surety bond in a form specified by the Secretary and in an amount that is not less than the minimum of $500,000, unless the Secretary waives the provision of such surety bond due to such facility providing a comparable surety bond under State law. . 104. Survey improvements (a) In general Section 1128I of the Social Security Act ( 42 U.S.C. 1320a–7j ) is amended— (1) in the section heading, by striking Accountability requirements for and inserting Additional requirements with respect to ; and (2) by adding at the end the following new subsection: (i) Survey improvements (1) Review The Secretary shall review (and, as appropriate, identify plans to improve) the following: (A) The extent to which surveys conducted under subsection (g) of sections 1819 and 1919 and the enforcement process under subsection (h) of sections 1819 and 1919 result in increased compliance with requirements under sections 1819 and 1919 and subpart B of part 483 of title 42, Code of Federal Regulations, with respect to facilities. (B) The timeliness and thoroughness of State agency verification of deficiency corrections at facilities. (C) The appropriateness of the scoping and substantiation of cited deficiencies at facilities. (D) The accuracy of the identification and appropriateness of the scoping of life safety, infection control, and emergency preparedness deficiencies at facilities. (E) The timeliness of State agency investigations of— (i) complaints at facilities; and (ii) reported allegations of abuse, neglect, and exploitation at facilities. (F) The consistency of facility reporting of substantiated complaints to law enforcement. (G) The ability of the State agency to sufficiently hire, train, and retain individuals who conduct surveys. (H) Any other area related to surveys of facilities, or the individuals conducting such surveys, determined appropriate by the Secretary. (2) Report Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to Congress a report on the review conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines to be appropriate. (3) Support If determined appropriate by the Secretary, based on the review under paragraph (1), the Secretary shall provide training, tools, technical assistance, and financial support to State agencies that perform surveys of facilities for the purpose of improving the surveys conducted under subsection (g) and the enforcement process under subsection (h) with respect to the areas reviewed under paragraph (1). (4) Funding There is appropriated to the Secretary, out of any monies in the Treasury not otherwise appropriated, $570,000,000, to remain available until expended, for purposes of carrying out this subsection. . 105. Prohibiting pre-dispute arbitration agreements (a) Medicare Section 1819(c) of the Social Security Act ( 42 U.S.C. 1395i–3(c) ) is amended by adding at the end the following new paragraph: (7) Prohibition on use of pre-dispute arbitration agreements (A) In general A skilled nursing facility may not enter into a pre-dispute arbitration agreement with an individual applying to reside or residing in the facility (or a legal representative of such resident), and may not enter into an agreement for services with an entity or individual that enters into a pre-dispute arbitration agreement with an individual applying to reside or residing in the facility (or a legal representative of such resident). (B) No validity or enforcement A skilled nursing facility shall not enforce a pre-dispute arbitration agreement against a resident or former resident of a skilled nursing facility (or a legal representative of such resident), without regard to whether the agreement was made prior to or after the effective date of this paragraph. (C) Definition of pre-dispute arbitration agreement In this paragraph, the term pre-dispute arbitration agreement means any agreement to arbitrate a potential dispute that, as of the date on which such agreement is entered into, has not yet arisen. (D) Judicial review A determination as to whether and how this paragraph applies to a pre-dispute arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement. . (b) Medicaid (1) Home and community-based services and home health care services Section 1915 of the Social Security Act ( 42 U.S.C. 1396n ) is amended by adding at the end the following new subsection: (l) Prohibiting pre-Dispute arbitration agreements (1) In general For home and community-based services or home health care services provided under a waiver under this section, section 1902(a)(10)(D), or any other provision authorizing the provision of home and community-based services or home health care services under this title, the provider of such services (and any employee, agent, related entity, or affiliate of such provider) may not enter into a pre-dispute arbitration agreement with an individual receiving such services (or a legal representative of such individual). A provider of such services (and any employee, agent, related entity, or affiliate of such provider) shall not enforce a pre-dispute arbitration agreement against an individual receiving such services, or who formerly received such services (or a legal representative of such individual), without regard to whether such agreement was made prior to the effective date of this subsection. (2) Definition of pre-dispute arbitration agreement In this subsection, the term pre-dispute arbitration agreement means any agreement to arbitrate a potential dispute that, as of the date on which such agreement is entered into, has not yet arisen. (3) Judicial review A determination as to whether and how this subsection applies to a pre-dispute arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement. . (2) Nursing facilities Section 1919(c) of the Social Security Act ( 42 U.S.C. 1396r(c) ) is amended by adding at the end the following new paragraph: (9) Prohibition on use of pre-dispute arbitration agreements (A) In general A nursing facility may not enter into a pre-dispute arbitration agreement with an individual applying to reside or residing in the facility (or a legal representative of such resident), and may not enter into an agreement for services with an entity or individual that enters into a pre-dispute arbitration agreement with an individual applying to reside or residing in the facility (or a legal representative of such resident). (B) No validity or enforcement A nursing facility shall not enforce a pre-dispute arbitration agreement against a resident or former resident of a nursing facility (or a legal representative of such resident), without regard to whether the agreement was made prior to or after the effective date of this paragraph. (C) Definition of pre-dispute arbitration agreement In this paragraph, the term pre-dispute arbitration agreement means any agreement to arbitrate a potential dispute that, as of the date on which such agreement is entered into, has not yet arisen. (D) Judicial review A determination as to whether and how this paragraph applies to a pre-dispute arbitration agreement shall be determined under Federal law by a court of competent jurisdiction, rather than an arbitrator, without regard to whether the party opposing arbitration challenges such agreement specifically or in conjunction with any other term of the contract containing such agreement. . 106. Improvements to the special focus facility program (a) Appropriate participation (1) Medicare Section 1819(f)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(8) ) is amended— (A) in subparagraph (A), by striking The Secretary and inserting Subject to the succeeding provisions of this subsection, the Secretary ; and (B) by adding at the end the following new subparagraph: (C) Appropriate participation Not later than October 1, 2022, the Secretary shall ensure that the number of facilities participating in the special focus facility program is not less than 5 percent of all skilled nursing facilities. . (2) Medicaid Section 1919(f)(10) of the Social Security Act ( 42 U.S.C. 1395r(f)(10) ) is amended— (A) in subparagraph (A), by striking The Secretary and inserting Subject to the succeeding provisions of this subsection, the Secretary ; and (B) by adding at the end the following new subparagraph: (C) Appropriate participation Not later than October 1, 2022, the Secretary shall ensure that the number of facilities participating in the special focus facility program is not less than 5 percent of all nursing facilities. . (b) Compliance assistance programs (1) Medicare Section 1819(f)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(8) ), as amended by subsection (a)(1), is amended by adding at the end the following new subparagraph: (D) Compliance assistance programs (i) On-site consultation and educational programming (I) In general The Secretary shall establish on-site consultation and educational programming for skilled nursing facilities participating in the special focus facility program with respect to compliance with the applicable requirements under this Act. (II) Entity The on-site consultation and educational programming described in subclause (I) shall be carried out by quality improvement organizations under part B of title XI or other independent organizations of a similar type that do not have conflicts of interest and are deemed appropriate by the Secretary. (III) Required participation A skilled nursing facility participating in the special focus facility program shall participate in any consultations and educational programming described in subclause (I) conducted at the facility. (ii) Consultation independent of enforcement (I) In general Subject to subclause (II), on-site consultations and educational programming described in clause (i) shall be conducted independently of any enforcement activity. (II) Exception Subclause (I) shall not apply in the case where a triggering event at the skilled nursing facility is observed in the course of providing on-site consultations and educational programming described in clause (i). In establishing such on-site consultations and educational programming, the Secretary shall determine the triggering events for which the use of necessary enforcement actions is permitted notwithstanding the limitation under subclause (I). Such triggering events shall include events that are required to be reported under State and Federal law and a pattern of deficiencies or problems that the quality improvement organization or other organization has identified for correction but which are consistently not corrected. . (2) Medicaid Section 1919(f)(10) of the Social Security Act ( 42 U.S.C. 1395r(f)(10) ), as amended by subsection (a)(2), is amended by adding at the end the following new subsection: (D) Compliance assistance programs (i) On-site consultation and educational programming (I) In general The Secretary shall establish on-site consultation and educational programming for nursing facilities participating in the special focus facility program with respect to compliance with the applicable requirements under this Act. (II) Entity The on-site consultation and educational programming described in subclause (I) shall be carried out by quality improvement organizations under part B of title XI or other independent organizations of a similar type that do not have conflicts of interest and are deemed appropriate by the Secretary. (III) Required participation A nursing facility participating in the special focus facility program shall participate in any consultations and educational programming described in subclause (I) conducted at the facility. (ii) Consultation independent of enforcement (I) In general Subject to subclause (II), on-site consultations and educational programming described in clause (i) shall be conducted independently of any enforcement activity. (II) Exception Subclause (I) shall not apply in the case where a triggering event at the nursing facility is observed in the course of providing on-site consultations and educational programming described in clause (i). In establishing such on-site consultations and educational programming, the Secretary shall determine the triggering events for which the use of necessary enforcement actions is permitted notwithstanding the limitation under subclause (I). Such triggering events shall include events that are required to be reported under State and Federal law and a pattern of deficiencies or problems that the quality improvement organization or other organization has identified for correction but which are consistently not corrected. . (c) Funding for the special focus facility program, including compliance assistance programs Section 1819(f)(8) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(8) ), as amended by subsections (a)(1) and (b)(1), is amended by adding at the end the following new subparagraph: (E) For purposes of carrying out this paragraph and section 1919(f)(10), there is appropriated to the Secretary, out of any monies in the Treasury not otherwise appropriated, $14,800,000 for fiscal year 2022 and each subsequent fiscal year, to remain available until expended. . II Staffing Improvements 201. Nurse staffing requirements (a) In general Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1128K the following new section: 1128L. Nurse staffing requirements for facilities (a) Study Not later than 3 years after the date of the enactment of this section, and not less frequently than once every 5 years thereafter, the Secretary shall conduct a study and submit to Congress a report on the appropriateness of establishing minimum staff to resident ratios for nursing staff for skilled nursing facilities (as defined in section 1819(a)) and nursing facilities (as defined in section 1919(a)). Each such report shall include— (1) with respect to the first such report, recommendations regarding appropriate minimum ratios of registered nurses (and, if practicable, licensed practical nurses (or licensed vocational nurses) and certified nursing assistants) to residents at such skilled nursing facilities and such nursing facilities; and (2) with respect to each subsequent such report, recommendations regarding appropriate minimum ratios of registered nurses, licensed practical nurses (or licensed vocational nurses), and certified nursing assistants to residents at such skilled nursing facilities and such nursing facilities. (b) Promulgation of regulations (1) In general Not later than 2 years after the Secretary first submits a report under subsection (a), the Secretary shall— (A) specify through regulations, consistent with such report, appropriate minimum ratios (if any) of registered nurses (and, if practicable, licensed practical nurses (or licensed vocational nurses) and certified nursing assistants) to residents at skilled nursing facilities and nursing facilities; and (B) subject to any waiver in effect under section 1819(b)(9)(B) or 1919(b)(9)(B), require such skilled nursing facilities and such nursing facilities to comply with such ratios. (2) Update Not later than 2 years after the submission of each subsequent report under subsection (a), the Secretary shall, consistent with such report, update the regulations described in paragraph (1)(A) to reflect appropriate minimum ratios (if any) of registered nurses, licensed practical nurses (or licensed vocational nurses), and certified nursing assistants to residents at skilled nursing facilities and nursing facilities. (c) Funding The Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 to the Centers for Medicare & Medicaid Services Program Management Account, of $50,000,000 for fiscal year 2022 for purposes of carrying out this section. Amounts transferred pursuant to the previous sentence shall remain available until expended. . (b) Imposition of requirements (1) Medicare Section 1819(b) of the Social Security Act ( 42 U.S.C. 1395i–3(b) ) is amended by adding at the end the following new paragraph: (9) Nurse staffing requirement (A) In general Subject to subparagraph (B), a skilled nursing facility shall comply with any minimum staffing ratios for registered nurses, licensed practical nurses (or licensed vocational nurses), or certified nurse assistants specified by the Secretary for such a facility in regulations promulgated under section 1128L(b) or, if greater, as specified by the State involved for such a facility. (B) Waiver (i) In general The Secretary may waive the application of subparagraph (A) with respect to a skilled nursing facility if the Secretary finds that— (I) the facility is located in a rural area and the supply of skilled nursing facility services in such area is not sufficient to meet the needs of individuals residing therein; (II) the Secretary provides notice of the waiver to the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) and the protection and advocacy system in the State for the mentally ill and the mentally retarded; and (III) the facility that is granted such a waiver notifies residents of the facility (or, where appropriate, the guardians or legal representatives of such residents) and members of their immediate families of the waiver. (ii) Renewal Any waiver in effect under this subparagraph shall be subject to annual renewal. . (2) Medicaid Section 1919(b) of the Social Security Act ( 42 U.S.C. 1396r(b) ) is amended by adding at the end the following new paragraph: (9) Nurse staffing requirement (A) In general Subject to subparagraph (B), a nursing facility shall comply with any minimum staffing ratios for registered nurses, licensed practical nurses (or licensed vocational nurses), or certified nurse assistants specified by the Secretary for such a facility in regulations promulgated under section 1128L(b) or, if greater, as specified by the State involved for such a facility. (B) Waiver (i) In general The Secretary may waive the application of subparagraph (A) with respect to a nursing facility if the Secretary finds that— (I) the facility is located in a rural area and the supply of nursing facility services in such area is not sufficient to meet the needs of individuals residing therein; (II) the Secretary provides notice of the waiver to the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) and the protection and advocacy system in the State for the mentally ill and the mentally retarded; and (III) the facility that is granted such a waiver notifies residents of the facility (or, where appropriate, the guardians or legal representatives of such residents) and members of their immediate families of the waiver. (ii) Renewal Any waiver in effect under this subparagraph shall be subject to annual renewal. . 202. Improving Nursing Home Compare staffing data (a) Medicare Section 1819(i)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 1395i–3(i)(1)(A)(i) ) is amended by inserting (excluding, with respect to such data provided on or after October 1, 2022, any hours spent on administrative duties by licensed nurse staff) and, beginning October 1, 2022, data on the hours of care provided per resident per weekend day after per resident per day . (b) Medicaid Section 1919(i)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 1396r(i)(1)(A)(i) ) is amended by inserting (excluding, with respect to such data provided on or after October 1, 2022, any hours spent on administrative duties by licensed nurse staff) and, beginning October 1, 2022, data on the hours of care provided per resident per weekend day after per resident per day . 203. Ensuring the submission of accurate staffing data Section 1128I(g) of the Social Security Act (42 U.S.C. 1320a–7j(g)) is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (2) in subparagraph (D), as so redesignated, by striking paragraph (1) and inserting subparagraph (A) ; (3) by moving the flush matter following subparagraph (D), as so redesignated, 2 ems to the right; (4) by striking Beginning not later than and inserting the following: (1) In general Beginning not later than ; and (5) by adding at the end the following new paragraph: (2) Penalty for submission of inaccurate information Any facility that submits inaccurate information to the Secretary under paragraph (1) may be subject to a civil monetary penalty not to exceed $10,000 for each such submission. The provisions of section 1128A (other than subsections (a) and (b) of such section) shall apply to a civil money penalty under the preceding sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). . 204. Requiring 24-hour use of registered professional nurses (a) Medicare Section 1819(b)(4)(C)(i) of the Social Security Act ( 42 U.S.C. 1395i–3(b)(4)(C)(i) ) is amended by striking registered professional nurse and all that follows through the period at the end and inserting the following: registered professional nurse, with respect to such services furnished— (I) before October 1, 2023, at least 8 consecutive hours a day, 7 days a week; and (II) on or after such date, 24 hours a day, 7 days a week. . (b) Medicaid Section 1919(b)(4)(C)(i)(II) of the Social Security Act ( 42 U.S.C. 1396r(b)(4)(C)(i)(II) ) is amended by striking registered professional nurse and all that follows through the period at the end and inserting the following: registered professional nurse, with respect to such services furnished— (aa) before October 1, 2023, at least 8 consecutive hours a day, 7 days a week; and (bb) on or after such date, 24 hours a day, 7 days a week. . 205. Provision of infection control services (a) Medicare Section 1819(d)(3) of the Social Security Act ( 42 U.S.C. 1395i–3(d)(3) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) respectively, and moving such clauses 2 ems to the right; (2) by striking environment .—A skilled and inserting “ environment .— (A) In general A skilled ; (3) in subparagraph (A), as amended by paragraphs (1) and (2)— (A) in clause (i), by striking , and at the end and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iii) provide, directly or under arrangements with others, for infection control services overseen by an infection preventionist for a minimum number of hours per week as determined appropriate by the Secretary (but, subject to subparagraph (B), not less than 40 hours per week). ; and (4) by adding at the end the following new subparagraph: (B) Reduction in required number of hours for infection control services overseen by an infection preventionist (i) In general The Secretary may grant a waiver to a skilled nursing facility under which the number of hours per week that infection control services overseen by an infection preventionist at the facility are required under subparagraph (A)(iii) are reduced if the Secretary finds that— (I) the facility— (aa) is located in a rural area and the supply of skilled nursing facility services in such area is not sufficient to meet the needs of individuals residing therein; or (bb) is of a size that necessitates a lower requirement; (II) the Secretary provides notice of the waiver to the State Long-Term Care Ombudsman (supported under title III or chapter 2 of subtitle A of title VII of the Older Americans Act of 1965) and the protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000) in the State; and (III) the facility that is granted the waiver notifies residents of the facility (or, where appropriate, the guardians or legal representatives of such residents) and members of their immediate families of the waiver. (ii) Annual review A waiver under this subparagraph shall be subject to annual review by the Secretary. . (b) Medicaid Section 1919(d)(3) of the Social Security Act ( 42 U.S.C. 1396r(d)(3) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) respectively, and moving such clauses 2 ems to the right; (2) by striking environment .—A nursing facility and inserting “ environment .— (A) In general A nursing facility ; (3) in subparagraph (A), as amended by paragraphs (1) and (2)— (A) in clause (i), by striking , and at the end and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iii) provide, directly or under arrangements with others, for infection control services overseen by an infection preventionist for a minimum number of hours per week as determined appropriate by the Secretary (but, subject to subparagraph (B), not less than 40 hours per week). ; and (4) by adding at the end the following new subparagraph: (B) Reduction in required number of hours for infection control services overseen by an infection preventionist (i) In general A State may grant a waiver to a nursing facility under which the number of hours per week that infection control services overseen by an infection preventionist at the facility are required under subparagraph (A)(iii) are reduced if— (I) the facility demonstrates to the satisfaction of the State that the facility has been unable, despite diligent efforts (including offering wages at the community prevailing rate for nursing facilities), to recruit appropriate personnel; (II) the State determines that the waiver will not endanger the health or safety of individuals staying in the facility; (III) the State agency granting the waiver provides notice of the waiver to the State Long-Term Care Ombudsman (supported under title III or chapter 2 of subtitle A of title VII of the Older Americans Act of 1965) and the protection and advocacy system (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000); and (IV) the nursing facility that is granted the waiver by a State notifies residents of the facility (or, where appropriate, the guardians or legal representatives of such residents) and members of their immediate families of the waiver. (ii) Annual review A waiver under this subparagraph shall be subject to annual review by the State agency and to the review of the Secretary and subject to clause (iii) shall be accepted by the Secretary for purposes of this title to the same extent as is the State’s certification of the facility. In granting or renewing a waiver, a State may require the facility to use other qualified, licensed personnel to meet the staffing requirements under subparagraph (A)(iii). (iii) Assumption of waiver authority by Secretary If the Secretary determines that a State has shown a clear pattern and practice of allowing waivers in the absence of diligent efforts by facilities to meet the staffing requirements under subparagraph (A)(iii), the Secretary shall assume and exercise the authority of the State to grant waivers. . (c) Effective date The amendments made by this section shall take effect on October 1, 2022. 206. Enhanced funding to support staffing and quality care in nursing facilities (a) FMAP increase (1) In general Notwithstanding subsection (b) or (ff) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), in the case of a State that meets the requirements described in subsection (c), the Federal medical assistance percentage determined for the State under subsection (b) of section 1905 of such Act (or subsection (ff) of such section, if applicable) and, if applicable, as increased under subsection (y), (z), (aa), or (ii) of such section or section 6008 of the Families First Coronavirus Response Act ( Public Law 116–127 ), or any other provision of law, shall be increased by the applicable number of percentage points specified in paragraph (2) (but not to exceed 95 percent) with respect to amounts expended by the State Medicaid program for medical assistance for nursing facility services provided for each calendar quarter that occurs during the applicable period and for which the Secretary determines that the State meets such requirements. Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa for expenditures on medical assistance that are subject to the Federal medical assistance percentage increase specified under the first sentence of this paragraph shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108 of the Social Security Act ( 42 U.S.C. 1308 ). (2) Applicable number of percentage points For purposes of paragraph (1), the applicable number of percentage points specified in this paragraph is— (A) in the case of a calendar quarter that occurs within the 16-quarter period that begins on the 1st day of the applicable period, 3 percentage points; (B) in the case of a calendar quarter that occurs within the 4-quarter period immediately succeeding such 16-quarter period, 2 percentage points; and (C) in the case of a calendar quarter that occurs within the 4-quarter period immediately succeeding the 4-quarter period described in subparagraph (B), 1 percentage point. (b) Definitions In this section: (1) Applicable period The term applicable period means the period that— (A) begins on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of enactment of this section; and (B) ends on the last day of the succeeding 24th calendar quarter. (2) Nursing facility staff The term nursing facility staff includes a registered nurse, licensed practical nurse, licensed nursing assistant, certified nursing assistant, nursing assistant, and any other relevant staff, as determined by the Secretary, who provide care to Medicaid beneficiaries who are residents in a nursing facility. (3) Medicaid beneficiary The term Medicaid beneficiary means an individual who is eligible for, and enrolled in, a State Medicaid program. (4) Medicaid program The term Medicaid program means, with respect to a State, the State program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) (including any waiver or demonstration under such title or under section 1115 of such Act ( 42 U.S.C. 1315 ) relating to such title). (5) Nursing facility The term nursing facility — (A) has the meaning given such term in section 1919(a) of the Social Security Act ( 42 U.S.C. 1396r(a) ); and (B) includes a skilled nursing facility, as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) ), that is a participating provider in the Medicaid program of the State in which the facility is located or otherwise furnishes items or services for which medical assistance is available under the Medicaid program of the State in which the facility is located. (6) Nursing facility services (A) In general Subject to subparagraphs (B) and (C), the term nursing facility services has the meaning given such term under section 1905(f) of the Social Security Act ( 42 U.S.C. 1396d(f) ). (B) State medicaid program With respect to a State, such term includes those services (including any limitations on the provision of, or payment for, such services) that are specified as nursing facility services for purposes of the Medicaid program of the State in which the nursing facility furnishing such services is located. (C) Individual plan of care Notwithstanding subparagraph (A) or (B), such term includes items or services that are specified in the individual plan of care for a resident of a nursing facility and are furnished to the resident in accordance with the requirements of such plan. (7) Secretary The term Secretary means the Secretary of Health and Human Services. (8) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (c) Requirements As a condition for receipt of the increase under subsection (a) to the Federal medical assistance percentage determined for a State under subsection (b) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) for a calendar quarter, the State shall demonstrate to the satisfaction of the Secretary the following: (1) Use of additional federal funds The State agrees to— (A) use the Federal funds attributable to the increase under subsection (a) only for the purposes specified in subsection (d); and (B) not use such Federal funds to satisfy any State contribution required under the State Medicaid program. (2) Plan for staffing and service improvements and reporting The State has a reasonable plan for achieving the purposes specified in subsection (d), including with respect to— (A) carrying out the staffing and service improvements specified in subsection (e) to strengthen nursing facility staff workforce and improve the quality and safety of care for Medicaid beneficiaries; and (B) collecting and reporting the information required under subsection (f). (3) Supplement, not supplant The State agrees to use the Federal funds attributable to the increase under subsection (a) to supplement, and not supplant, the level of State funds expended as of October 1, 2021, for nursing facility services, including with respect to efforts to strengthen the nursing facility staff workforce and improve the quality and safety of care for Medicaid beneficiaries, under the State Medicaid program. (4) Reporting and oversight The State agrees to— (A) annually report the information specified in subsection (f) to the Secretary in such form and manner as the Secretary shall require; and (B) provide such data and information as is necessary for the evaluation required under subsection (g). (d) Use of funds A State may use the Federal funds attributable to the increase under subsection (a) only for expenditures eligible for payment under the State Medicaid program that are attributable to State efforts to achieve both of the following purposes: (1) To expand and improve nursing facility staffing, including by increasing payments for nursing facility services to improve staff wages and benefits, support retention and recruitment, and reduce staff turnover, consistent with the improvements specified in paragraphs (1) and (2) of subsection (e). (2) To support and improve the quality and safety of care provided to Medicaid beneficiaries in nursing facilities, including through efforts to expand the use of person-centered models of care, and incentives or payments related to the provision of care for Medicaid beneficiaries in private rooms. (e) Staffing and service improvements The staffing and service improvements specified in this subsection are the following: (1) The State makes such changes to processes for determining payment rates for nursing facility services as are necessary to ensure that— (A) such payment rates are reviewed and updated every 2 years during the applicable period to support the recruitment and retention of nursing facility staff, and reduce turnover in such staff through a transparent process that involves meaningful input from stakeholders; and (B) increases to such payment rates are, at a minimum, used to proportionally increase wages and benefits for nursing facility staff. (2) The State updates, develops, and adopts training opportunities and resources for nursing facility staff, including training for providing person-centered care. (3) The State improves and streamlines education and options counseling services for Medicaid beneficiaries, potential Medicaid beneficiaries, and family members of such beneficiaries and potential beneficiaries, with respect to eligibility and options for institutional and non-institutional long term care. (f) Annually reported information The information required to be annually reported to the Secretary by a State with respect to such reporting periods as the Secretary shall specify is the following: (1) The number of Medicaid beneficiaries who received during the reporting period or, as of the date of the report, are receiving, nursing facility services in the State, disaggregated by race, ethnicity, gender, geography, age, and income. (2) A description of how the State spent the Federal funds attributable to the increase under subsection (a) during the reporting period. (3) Changes to payment rates for nursing facility services under the State Medicaid program during the reporting period. (4) The staffing information and employee turnover and tenure information in nursing facilities in the State during the reporting period, based on submissions to the Payroll-Based Journal system of the Centers for Medicare & Medicaid Services under section 1128I(g) of the Social Security Act (42 U.S.C. 1320a–7j(g)). (5) The wages and benefits provided to nursing facility staff in nursing facilities in the State during the reporting period. (6) A description of the health status of, and quality of care provided to, Medicaid beneficiaries who are residents of nursing facilities in the State during the reporting period, in the manner determined by the Secretary. (g) Evaluation The Secretary shall engage an external contractor to conduct an independent evaluation of the impact of this section on— (1) the quality and safety of care provided in nursing facilities to Medicaid beneficiaries who are residents of nursing facilities; (2) the capacity of the nursing facility staff workforce to provide quality, safe care for Medicaid beneficiaries who are residents of nursing facilities; and (3) the wages, benefits, and turnover of nursing facility staff. (h) Interim and final reports to Congress (1) In general The Secretary shall submit an interim report to Congress on the implementation of this section 4 years after the date of enactment of this section, and a final report on the implementation of this section 8 years after such date. (2) Required information (A) Interim and final reports The interim and final reports submitted under this subsection shall include the following information: (i) The number of States that received an increase to the Federal medical assistance percentage of the State under subsection (a) during the applicable period. (ii) The State activities funded by the Federal funds attributable to the increase under subsection (a). (B) Final report The final report submitted under this section shall include, in addition to the information required under subparagraph (A), the results of the independent evaluation conducted pursuant to subsection (g). III Building modification and staff investment demonstration program 301. Establishing a skilled nursing facility building modification and staff investment demonstration program Part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) is amended by inserting after section 1819 the following new section: 1819A. Community-based living modifications and staff investment demonstration program (a) Establishment Not later than January 1, 2023, the Secretary shall establish a demonstration program to test the impact of providing skilled nursing facilities (as defined in section 1819(a)) selected by the Secretary under subsection (b) funding to modify the built environments of such facilities (or portions of such facilities) and invest in individuals providing resident care in such facilities (or in portions of such facilities) in order to, with respect to residents of such facilities, improve health outcomes relative to residents of facilities not so selected. (b) Application and selection of facilities (1) Application (A) In general A skilled nursing facility shall only be eligible to receive funding under the demonstration program established under subsection (a) if such facility submits an application at such time and in such manner as specified by the Secretary that contains— (i) a description of modifications and investments described in subsection (a) that will be made by the facility using such funds, including the estimated costs of such modifications and investments; (ii) an agreement that such facility (or, in the case such modifications and investments are to be made only with respect to a portion of such facility, such portion of such facility)— (I) will meet the requirements described in subparagraph (B) not later than the date that is 2 years after such facility first receives funds for such modifications and investments under such program; and (II) will continue to meet such requirements for the 5-year period beginning on the date that is 2 years after such facilities first receives such funds; (iii) an agreement that, in the case such facility (or such portion of such facility, as applicable) fails to meet such requirements in accordance with clause (ii), such facility will— (I) repay such funds to the Secretary in an amount determined appropriate by the Secretary under subsection (d); and (II) notify each resident of such facility (or each resident of such portion of such facility, as applicable) of the failure of such facility or such portion, as applicable, to meet such requirements; (iv) an agreement that, if such facility is selected by the Secretary under paragraph (2), the facility will notify each resident of such facility (or each resident of such portion of such facility, as applicable), of such selection and include in such notification a description of the program established under subsection (a), including any modifications and investments to be made with respect to such facility (or with respect to such portion of such facility, as applicable); and (v) in the case such modifications and investments are to be made only with respect to a portion of such facility, an agreement that such facility will not discriminate in the selection of residents who may reside in such portion based on whether payment is being made to such facility with respect to such resident under this title, a State plan (or waiver of such plan) under title XIX, or otherwise. (B) Requirements For purposes of subparagraph (A), the requirements described in this subparagraph with respect to a skilled nursing facility (or a portion of such facility) are the following: (i) The facility (or portion) maintains beds for no less than 5 and no more than 14 residents. (ii) The facility (or portion) incorporates universal design (defined in section 3(19) of the Assistive Technology Act of 1998)) to ensure such facility (or portion) is accessible to all residents, regardless of age or disability, including by providing for the following: (I) Private rooms and bathrooms (unless such facility determines that the provision of private rooms and bathrooms at such facility would adversely affect the availability of skilled nursing facility services in the area in which such facility is located and the Secretary concurs with such determination). (II) Shared space, including a central living area, as defined by the Secretary, with a communal dining table and accessible kitchen. (III) Accessible outdoor space, including a protected garden space for use by residents and their visitors. (iii) The facility (or portion) provides a clinical team that consists of a full-time registered professional nurse or licensed practical nurse (or licensed vocational nurse) who works in partnership with certified nursing assistants in a team-based, collaborative model. (iv) The facility (or portion) has a licensed practical nurse (or licensed vocational nurse) on site at all times. (v) The facility (or portion) facilitates a standing resident council run by residents, and a standing family council run by family members of residents, that meets such requirements as may be specified by the Secretary. (vi) The facility (or portion) solicits resident input on facility policies (or policies relating to such portion of such facility), including with respect to programs and scheduling, and, in the case of an incapacitated resident, solicits such input from an individual recognized by State law to act on behalf of such resident. (vii) In addition to the resident assessment under section 1819(b)(3), the facility (or portion) conducts an assessment of residents’ care preferences (or, in the case of an incapacitated resident, such preferences as expressed by an individual recognized by State law to act on behalf of such resident) not later than 14 days after the resident is admitted to such facility or portion of such facility (or, in the case of a resident residing at such facility at the time such facility receives funding under the program established under paragraph (1), not later than 14 days after the date of such receipt) to ensure care is person-directed. (viii) The facility (or portion) offers daily activities, such as art, music, educational activities, or other activities based on resident preferences. (C) Timeframe The Secretary shall develop the application described in subparagraph (A) and begin accepting such applications not later than July 1, 2023. The Secretary shall accept such applications during the 2-year period beginning on the date such applications are first accepted. (2) Selection (A) In general Not later than 2 years after the date the Secretary first accepts applications under paragraph (1), the Secretary shall select a number of skilled nursing facilities determined appropriate by the Secretary to receive funding under the program established under subsection (a). (B) Preference In selecting skilled nursing facilities under this paragraph, the Secretary shall— (i) give preference to facilities that— (I) are located in medically underserved areas (as defined in section 330(b)(3)(A) of the Public Health Service Act); and (II) house a majority of residents who are receiving medical assistance consisting of nursing facility services under a State plan (or waiver of such plan) under title XIX; (ii) give preference to facilities that demonstrate the greatest likelihood of meeting the requirements described in paragraph (1)(B) within 2 years of receiving funding under the program established under subsection (a); (iii) give preference to facilities that offer staff training beyond such training required under section 1819 (as determined through payroll based journal data); and (iv) so select such facilities in a manner that ensures geographic diversity, to the extent practicable. (c) Funds (1) In general Subject to paragraph (3) and subsection (h), the Secretary shall provide funds to each skilled nursing facility selected under subsection (b)(2) in an amount equal to not more than the costs specified by such facility pursuant to subsection (b)(1)(A)(i). (2) Use of funds (A) In general Subject to subparagraph (B), funds provided under paragraph (1) may only be used by a skilled nursing facility for modifications and investments specified by such facility pursuant to subsection (b)(1)(A)(i). (B) Exception A skilled nursing facility may use funds provided under paragraph (1) for modifications and investments described in subsection (a) but not specified by such facility pursuant to subsection (b)(1)(A)(i) if— (i) such facility submits a request to the Secretary containing a description of such modifications and investments; and (ii) the Secretary determines that such modifications and investments will assist such facility (or a portion of such facility, as applicable) in complying with the requirements specified in subsection (b)(1)(B). (3) Form of provision of funds The Secretary may provide funding under paragraph (1) in the form of a single upfront payment or in up to 3 installment payments, spaced out across the first 3 fiscal years beginning with the fiscal year in which the first such payment is made. (4) Limitation of provision of funding No skilled nursing facility may receive more than 3 percent of the total monies appropriated under paragraph (5). (5) Appropriation In addition to any amounts otherwise available, there is appropriated to the Secretary, out of any monies in the Treasury not otherwise appropriated, $1,300,000,000, to remain available until expended, for purposes of providing funds to skilled nursing facilities under paragraph (1). (d) Failure To meet requirements (1) In general Subject to paragraph (2), in the case of a facility (or a portion of such facility, as applicable) that fails to meet the requirements described in subsection (b)(1)(B) in accordance with the agreement described in subsection (b)(1)(A)(ii), the Secretary may recoup any funds provided to such facility under subsection (c)(1) in an amount determined appropriate by the Secretary. In determining such amount, the Secretary shall take into account the extent of the compliance of such facility (or portion of such facility, as applicable) with such requirements. (2) Exception The Secretary may suspend any recoupment described in paragraph (1) with respect to a facility (or a portion of such facility, as applicable) described in such paragraph for a period of time determined appropriate by the Secretary if the Secretary finds that such facility (or such portion) will likely be in compliance with the requirements described in such paragraph within a reasonable time specified by the Secretary. (e) Evaluation of program (1) In general The Secretary shall evaluate each skilled nursing facility receiving funds under the program established under subsection (a) to assess whether, relative to similarly situated skilled nursing facilities not receiving funds under such program and residents of such facilities, modifications and investments described in subsection (a) made at skilled nursing facilities using such funds resulted in, with respect to residents of such facilities (or, in the case such modifications and investments are made only with respect to a portion of such facility, residents of such portion of such facility)— (A) a reduction in preventable hospitalizations; (B) a reduction in hospital readmissions; (C) a reduction in emergency room visits; (D) greater improvement in functional status; (E) an improvement in infection control; (F) a reduction in nursing staff turnover rates; (G) an increase in resident and family caregiver satisfaction; (H) other improvements in resident quality of life as may be specified by the Secretary; (I) a reduction in expenditures under this part (excluding funds provided under subsection (c)(1)); or (J) any other outcomes specified by the Secretary. (2) Reports to congress Based on evaluations described in paragraph (1), the Secretary shall, not later than July 1, 2031, and again not later than July 1, 2035, submit to Congress a report on such program. Each such report shall include an analysis of the demonstration program’s effect on the outcomes described in paragraph (1). (f) Implementation Chapter 35 of title 44, United States Code, shall not apply to this section. (g) Authority To expand to certain nursing facilities The Secretary may, subject to subsection (h), enter into agreements with States to include nursing facilities (as defined in section 1919(a)) that are not skilled nursing facilities (as defined in section 1819(a)) in the demonstration program established under subsection (a) and may modify the requirements of the previous provisions of this section as appropriate to be applicable to such facilities. (h) Funding The Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under 1817 to the Centers for Medicare & Medicaid Services Program Management Account, of $30,000,000 for fiscal year 2023 for purposes of carrying out this section (other than for purposes of making payments under subsection (c)(1)). Amounts transferred pursuant to the previous sentence shall remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s2694is/xml/BILLS-117s2694is.xml |
117-s-2695 | II 117th CONGRESS 1st Session S. 2695 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Paul (for himself and Mr. Leahy ) 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 prevent unjust and irrational criminal punishments.
1. Short title This Act may be cited as the Justice Safety Valve Act of 2021 . 2. Authority to impose a sentence below a statutory minimum Section 3553 of title 18, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Authority To impose a sentence below a statutory minimum To prevent an unjust sentence (1) General rule Notwithstanding any provision of law other than this subsection, the court may impose a sentence below a statutory minimum if the court finds that it is necessary to do so in order to avoid violating the requirements of subsection (a). (2) Court to give parties notice Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court’s intent to do so and an opportunity to respond. (3) Statement in writing of factors The court shall state, in the written statement of reasons, the factors under subsection (a) that require imposition of a sentence below the statutory minimum. (4) Appeal rights not limited This subsection does not limit any right to appeal that would otherwise exist in its absence. . | https://www.govinfo.gov/content/pkg/BILLS-117s2695is/xml/BILLS-117s2695is.xml |
117-s-2696 | II 117th CONGRESS 1st Session S. 2696 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Cramer introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To require States and local jurisdictions that institute vaccine passports to require voter identification in Federal elections.
1. Short title This Act may be cited as the Vaccine Passport and Voter ID Harmonization Act . 2. Voter identification requirement for States and local jurisdictions that institute vaccine passports (a) Requirement Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating section 304 and section 305 as section 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Voter identification requirement for States and local jurisdictions that institute vaccine passports (a) In general A State or jurisdiction that institutes a requirement for vaccine passports or other such documentation with respect to a COVID–19 vaccine shall, in any election for Federal office held during any period in which such requirement is in effect, require voter identification. (b) Effective date Each State and jurisdiction shall be required to comply with the requirements of this section with respect to elections for Federal office held on or after January 1, 2022. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304 . (c) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Voter identification requirement for States and local jurisdictions that institute vaccine passports. . | https://www.govinfo.gov/content/pkg/BILLS-117s2696is/xml/BILLS-117s2696is.xml |
117-s-2697 | II 117th CONGRESS 1st Session S. 2697 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Cassidy (for himself, Mr. Merkley , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to remove the Medicaid coverage exclusion for inmates in custody pending disposition of charges, and for other purposes.
1. Short title This Act may be cited as the Due Process Continuity of Care Act . 2. Removal of inmate limitation on benefits under Medicaid (a) In general The subdivision (A) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) following paragraph (31) of such section is amended by inserting or, at the option of the State, while in custody pending disposition of charges after patient in a medical institution . (b) Effective date The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar quarter that begins after the date that is 60 days after the date of the enactment of this Act and shall apply to items and services furnished for periods beginning on or after such date. 3. Planning grants (a) In general The Secretary shall award planning grants to at least 10 States to support providing medical assistance under the State Medicaid program to individuals who are eligible for such assistance as a result of the amendment made by section 2(a). The grants shall be used to prepare an application that meets the requirements of subsection (b). (b) Application requirements In order to be awarded a planning grant under this section, a State shall submit an application to the Secretary at such time and in such form and manner as the Secretary shall require, that includes the following information along with such additional information, provisions, and assurances, as the Secretary may require: (1) A proposed process for carrying out each of the activities described in subsection (c) in the State. (2) A review of State policies regarding the population of individuals who are eligible for medical assistance under the State Medicaid program as a result of the amendment made by section 2(a) with respect to whether such policies may create barriers to increasing the number of health care providers who can provide items and services for that population. (3) The development of a plan, taking into account activities described in subsection (c)(2), that will ensure a sustainable number of Medicaid-enrolled providers under the State Medicaid program that can offer a full array of treatment and services to the patient population described in paragraph (2) as needed. Such plan shall include the following: (A) Specific activities to increase the number of providers that will offer physical health treatment, as well as services related to behavioral health treatment, including substance use disorder treatment, recovery, or support services (including short-term detoxification services, outpatient substance use disorder services, and evidence-based peer recovery services). (B) Milestones and timeliness for implementing activities set forth in the plan. (C) Specific measurable targets for increasing the number of providers under the State Medicaid program who will treat the patient population described in paragraph (2). (4) An assurance that the State consulted with relevant stakeholders, including the State agency responsible for administering the State Medicaid program, Medicaid managed care plans, health care providers, law enforcement personnel, officials from jails, and Medicaid beneficiary advocates, with respect to the preparation and completion of the application and a description of such consultation. (c) Activities described For purposes of subsection (b)(1), the activities described in this subsection are the following: (1) Activities that support the development of an initial assessment of the health treatment needs of patients who are in custody pending disposition of charges to determine the extent to which providers are needed (including the types of such providers and geographic area of need) to improve the number of providers that will treat patients in custody pending disposition of charges under the State Medicaid program, including the following: (A) An estimate of the number of individuals enrolled under the State Medicaid program who are in custody pending disposition of charges. (B) Information on the capacity of providers to provide treatment or services to such individuals enrolled under the State Medicaid program, including information on providers who provide such services and their participation under the State Medicaid program. (C) Information on the health care services provided under programs other than the State Medicaid program in jails to individuals who are in custody pending disposition of charges. (2) Activities that, taking into account the results of the assessment described in paragraph (1) with respect to the provision of treatment or services under the State Medicaid program, support the development of State infrastructure to recruit or contract with prospective health care providers, provide training and technical assistance to such providers, and secure a process for an electronic health record system for billing to reimburse for services provided by the correctional facility, outpatient providers, medical vendors, and contracted telehealth service providers to patients who are in custody pending disposition of charges that are compliant with applicable requirements and regulations for State Medicaid programs. (3) Activities that ensure the quality of care for patients who are in custody pending disposition of charges, including formal reporting mechanisms for patient outcomes, and activities that promote participation in learning collaboratives among providers treating this population. (d) Geographic diversity The Secretary shall select States for planning grants under this section in a manner that ensures geographic diversity. (e) Funding Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this section, $50,000,000, to remain available until expended. (f) Definitions In this section: (1) Medicaid program The term Medicaid program means, with respect to a State, the State program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) including any waiver or demonstration under such title or under section 1115 of such Act ( 42 U.S.C. 1315 ) relating to such title. (2) Secretary The term Secretary means the Secretary of Health and Human Services. (3) State The term State has the meaning given that term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) in section 1101(a)(1) of such Act ( 42 U.S.C. 1301(a)(1) ). | https://www.govinfo.gov/content/pkg/BILLS-117s2697is/xml/BILLS-117s2697is.xml |
117-s-2698 | II 117th CONGRESS 1st Session S. 2698 IN THE SENATE OF THE UNITED STATES August 10, 2021 Ms. Lummis introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a categorical exclusion to improve or restore National Forest System land or public land or reduce the risk of wildfire, and for other purposes.
1. Short title This Act may be cited as the Stop Causing Alarming Tree, Air, and Soil Trauma Resulting from Obstructive Progressives’ and Hypocritical Environmentalists’ Schemes Act or the Stop CATASTROPHES Act . 2. Definitions In this Act: (1) Forest management activity The term forest management activity means a project or activity carried out by the Secretary concerned on National Forest System land or public land consistent with the forest plan covering the land. (2) Forest plan The term forest plan means— (A) a land use plan prepared by the Bureau of Land Management for public land pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); and (B) a land and resource management plan prepared by 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 ). (3) Hazardous fuel management The term hazardous fuel management means any vegetation management activity that reduces the risk of wildfire. (4) Late-season grazing The term late-season grazing means a grazing activity that occurs— (A) after an invasive species and native perennial species have each completed the current-year annual growth cycle; and (B) until new plant growth begins to appear in the following year. (5) National forest system The term National Forest System means the land described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (6) Noxious weed The term noxious weed includes juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on a Federal or State noxious weed list. (7) Public land The term public land — (A) 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 ); and (B) includes Coos Bay Wagon Road Grant land and Oregon and California Railroad Grant land. (8) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (9) Targeted livestock grazing The term targeted livestock grazing means grazing used for purposes of hazardous fuel management. 3. Categorical exclusion to improve or restore national forest system lands or public land or reduce the risk of wildfire (a) Categorical exclusion established Forest management activities described in subsection (b) are designated as a category of actions 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 ). (b) Forest management activities designated for categorical exclusion (1) In general The category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2)— (A) carried out by the Secretary concerned on National Forest System land or public land; and (B) the primary purpose of which is— (i) to improve or restore the National Forest System land or public land; or (ii) to reduce the risk of wildfire on the National Forest System land or public land. (2) Activities authorized The following forest management activities may be carried out pursuant to the categorical exclusion established under subsection (a): (A) Removal of noxious weeds through— (i) late-season livestock grazing; (ii) targeted livestock grazing; (iii) prescribed burns; and (iv) mechanical treatments. (B) Performance of hazardous fuel management. (C) Creation of fuel and fire breaks. (D) Modification of existing fences to distribute livestock and improve wildlife habitat. (E) Installation of erosion control devices. (F) Construction of new permanent infrastructure and maintenance of existing permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat. (G) Performance of soil treatments, native and nonnative seeding, and planting and transplanting of sagebrush, grass, forb, shrub, and other species of grass. (H) Use of herbicides, if the Secretary concerned determines that the activity is otherwise conducted consistent with any forest plan applicable to the area covered by the activity. (c) Availability of categorical exclusion On and after the date of enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not exceed 10,000 acres. (e) Exclusions The categorical exclusion established under subsection (a) shall not apply to a forest management activity described in subsection (b)(2) that is carried out on National Forest System land or public land— (1) that is a component of the National Wilderness Preservation System; (2) that is located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— (A) the forest management activity to be carried out under on the National Forest System land or public land is consistent with the forest plan applicable to the area; or (B) the Secretary concerned determines that the forest management activity is allowed under the applicable roadless rule; or (3) on which timber harvesting for any purpose is prohibited by Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s2698is/xml/BILLS-117s2698is.xml |
117-s-2699 | II 117th CONGRESS 1st Session S. 2699 IN THE SENATE OF THE UNITED STATES August 10, 2021 Ms. Klobuchar (for herself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a cybersecurity literacy campaign, and for other purposes.
1. Short title This Act may be cited as the American Cybersecurity Literacy Act . 2. Sense of Congress It is the sense of the Congress that the United States has a national security and economic interest in promoting cybersecurity literacy amongst the general public. 3. Establishment of cybersecurity literacy campaign (a) In general The Assistant Secretary for Communications and Information (referred to in this section as the Assistant Secretary ) shall, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, develop and conduct a cybersecurity literacy campaign to increase the knowledge and awareness of people in the United States of best practices to reduce cybersecurity risks. (b) Campaign To reduce cybersecurity risks, the Assistant Secretary shall— (1) identify the critical areas of an IT system that present cybersecurity risks and educate people in the United States on how to prevent and mitigate such attacks by— (A) instructing such people on how to identify— (i) phishing emails; and (ii) secure websites; (B) instructing such people on the need to change default passwords on hardware and software technology; (C) encouraging the use of cybersecurity tools, including— (i) multi-factor authentication; (ii) complex passwords; (iii) firewalls; and (iv) anti-virus software; (D) identifying the devices that could pose possible cybersecurity risks, including— (i) personal computers; (ii) smartphones; (iii) tablets; (iv) Wi-Fi routers; and (v) smart home appliances; (E) encouraging such people to— (i) regularly review mobile application permissions; (ii) decline privilege requests from mobile applications that are unnecessary; (iii) download applications only from trusted vendors or sources; and (iv) connect internet of things or devices to a separate and dedicated network; and (F) identifying the potential cybersecurity risks of using publicly available Wi-Fi networks and the methods a user may utilize to limit such risks; and (2) direct people and businesses in the United States to Federal resources to help mitigate the cybersecurity risks identified in this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s2699is/xml/BILLS-117s2699is.xml |
117-s-2700 | II 117th CONGRESS 1st Session S. 2700 IN THE SENATE OF THE UNITED STATES August 10, 2021 Ms. Rosen (for herself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to improve the detection, prevention, and treatment of mental health issues among public safety officers, and for other purposes.
1. Short title This Act may be cited as the Helping Emergency Responders Overcome Act or the HERO Act . 2. Data system to capture national public safety officer suicide incidence The Public Health Service Act is amended by inserting before section 318 of such Act ( 42 U.S.C. 247c ) the following: 317V. Data system to capture national public safety officer suicide incidence (a) In general The Secretary, in coordination with other agencies as the Secretary determines appropriate, may— (1) develop and maintain a data system, to be known as the Public Safety Officer Suicide Reporting System, for the purposes of— (A) collecting data on the suicide incidence among public safety officers; and (B) facilitating the study of successful interventions to reduce suicide among public safety officers; and (2) integrate such system into the National Violent Death Reporting System, so long as the Secretary determines such integration to be consistent with the purposes described in paragraph (1). (b) Data collection In collecting data for the Public Safety Officer Suicide Reporting System, the Secretary shall, at a minimum, collect the following information: (1) The total number of suicides in the United States among all public safety officers in a given calendar year. (2) Suicide rates for public safety officers in a given calendar year, disaggregated by— (A) age and gender of the public safety officer; (B) State; (C) occupation; including both the individual’s role in their public safety agency and their primary occupation in the case of volunteer public safety officers; (D) where available, the status of the public safety officer as volunteer, paid-on-call, or career; and (E) where available, the status of the public safety officer as active or retired. (c) Data privacy and security In developing and maintaining the Public Safety Officer Suicide Reporting System, the Secretary shall ensure that all applicable Federal privacy and security protections are followed to ensure that— (1) the confidentiality and anonymity of suicide victims and their families are protected, including so as to ensure that data cannot be used to deny benefits; and (2) data is sufficiently secure to prevent unauthorized access. (d) Reporting (1) Annual report Not later than 2 years after the date of enactment of the Helping Emergency Responders Overcome Act , and biannually thereafter, the Secretary shall submit a report to the Congress on the suicide incidence among public safety officers. Each such report shall— (A) include the number and rate of such suicide incidence, disaggregated by age, gender, and State of employment; (B) identify characteristics and contributing circumstances for suicide among public safety officers; (C) disaggregate rates of suicide by— (i) occupation; (ii) status as volunteer, paid-on-call, or career, where available; and (iii) status as active or retired, where available; (D) include recommendations for further study regarding the suicide incidence among public safety officers; (E) specify in detail, if found, any obstacles in collecting suicide rates for volunteers and include recommended improvements to overcome such obstacles; (F) identify options for interventions to reduce suicide among public safety officers; and (G) describe procedures to ensure the confidentiality and anonymity of suicide victims and their families, as described in subsection (c)(1). (2) Public availability Upon the submission of each report to the Congress under paragraph (1), the Secretary shall make the full report publicly available on the website of the Centers for Disease Control and Prevention. (e) Definition In this section, the term public safety officer means— (1) a public safety officer as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968; or (2) a public safety telecommunicator as described in detailed occupation 43–5031 in the Standard Occupational Classification Manual of the Office of Management and Budget (2018). (f) Prohibited use of information Notwithstanding any other provision of law, if an individual is identified as deceased based on information contained in the Public Safety Officer Suicide Reporting System, such information may not be used to deny or rescind life insurance payments or other benefits to a survivor of the deceased individual. . 3. Peer-support behavioral health and wellness programs within fire departments and emergency medical service agencies (a) In general Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320C. Peer-support behavioral health and wellness programs within fire departments and emergency medical service agencies (a) In general The Secretary may award grants to eligible entities for the purpose of establishing or enhancing peer-support behavioral health and wellness programs within fire departments and emergency medical services agencies. (b) Program description A peer-support behavioral health and wellness program funded under this section shall— (1) use career and volunteer members of fire departments or emergency medical services agencies to serve as peer counselors; (2) provide training to members of career, volunteer, and combination fire departments or emergency medical service agencies to serve as such peer counselors; (3) purchase materials to be used exclusively to provide such training; or (4) disseminate such information and materials as are necessary to conduct the program. (c) Definition In this section: (1) The term eligible entity means a nonprofit organization with expertise and experience with respect to the health and life safety of members of fire and emergency medical services agencies. (2) The term member — (A) with respect to an emergency medical services agency, means an employee who is a member of a rescue squad or ambulance crew (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 )), regardless of rank or whether the employee receives compensation; and (B) with respect to a fire department, means any employee, regardless of rank or whether the employee receives compensation, of a Federal, State, Tribal, or local fire department who is responsible for responding to calls for emergency service. . (b) Technical correction Effective as if included in the enactment of the Children’s Health Act of 2000 ( Public Law 106–310 ), the amendment instruction in section 1603 of such Act is amended by striking Part B of the Public Health Service Act and inserting Part B of title III of the Public Health Service Act . 4. Development of resources for educating mental health professionals about treating fire fighters and emergency medical services personnel (a) In general The Administrator, in consultation with the Secretary of Health and Human Services, shall develop and make publicly available resources that may be used by the Federal Government and other entities to educate mental health professionals about— (1) the culture of Federal, State, Tribal, and local career, volunteer, and combination fire departments and emergency medical services agencies; (2) the different stressors experienced by firefighters and emergency medical services personnel, supervisory firefighters and emergency medical services personnel, and chief officers of fire departments and emergency medical services agencies; (3) challenges encountered by retired firefighters and emergency medical services personnel; and (4) evidence-based therapies for mental health issues common to firefighters and emergency medical services personnel within such departments and agencies. (b) Consultation In developing resources under subsection (a), the Administrator, in coordination with the Secretary of Health and Human Services, shall consult with national fire and emergency medical services organizations. (c) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the United States Fire Administration. (2) Chief officer The term chief officer means any individual who is responsible for the overall operation of a fire department or an emergency medical services agency, irrespective of whether such individual also serves as a firefighter or emergency medical services personnel. (3) Emergency medical services personnel The term emergency medical services personnel means an employee who is a member of a rescue squad or ambulance crew (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 )), regardless of rank or whether the employee receives compensation. (4) Firefighter The term firefighter means any employee, regardless of rank or whether the employee receives compensation, of a Federal, State, Tribal, or local fire department who is responsible for responding to calls for emergency service. 5. Best practices and other resources for addressing posttraumatic stress disorder in public safety officers (a) Development; updates The Secretary of Health and Human Services shall— (1) develop and assemble evidence-based best practices and other resources to identify, prevent, and treat posttraumatic stress disorder and co-occurring disorders in public safety officers; and (2) reassess and update, as the Secretary determines necessary, such best practices and resources, including based upon the options for interventions to reduce suicide among public safety officers identified in the annual reports required by section 317V(d)(1)(F) of the Public Health Service Act, as added by section 2 of this Act. (b) Consultation In developing, assembling, and updating the best practices and resources under subsection (a), the Secretary of Health and Human Services shall consult with, at a minimum, the following: (1) Public health experts. (2) Mental health experts with experience in studying suicide and other profession-related traumatic stress. (3) Clinicians with experience in diagnosing and treating mental health issues. (4) Relevant national police, fire, and emergency medical services organizations. (c) Availability The Secretary of Health and Human Services shall make the best practices and resources under subsection (a) available to Federal, State, and local fire, law enforcement, and emergency medical services agencies. (d) Federal training and development programs The Secretary of Health and Human Services shall work with Federal departments and agencies, including the United States Fire Administration, to incorporate education and training on the best practices and resources under subsection (a) into Federal training and development programs for public safety officers. (e) Definition In this section, the term public safety officer means— (1) a public safety officer, as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ); or (2) a public safety telecommunicator, as described in detailed occupation 43–5031 in the Standard Occupational Classification Manual of the Office of Management and Budget (2018). | https://www.govinfo.gov/content/pkg/BILLS-117s2700is/xml/BILLS-117s2700is.xml |
117-s-2701 | II 117th CONGRESS 1st Session S. 2701 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Murphy (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the establishment of the Office for Access to Justice in the Department of Justice, and for other purposes.
1. Short title This Act may be cited as the Office for Access to Justice Establishment Act of 2021 . 2. Definitions In this Act: (1) Department The term Department means the Department of Justice. (2) Director The term Director means the Director of the Office. (3) Office The term Office means the Office for Access to Justice established under section 3. 3. Office establishment (a) In general There is established within the Department the Office for Access to Justice, which shall be headed by a Director, who shall be appointed by the Attorney General. (b) Personnel and funds The Attorney General shall provide to the Office such personnel and funds as are necessary to establish and operate the Office as a component of the Department. 4. Duties The Director shall— (1) serve as legal and policy advisor to the Attorney General to ensure access to justice for low-income and other underrepresented people in the criminal and civil justice systems; (2) serve as the principal legal advisor for the Department on the constitutional right to counsel and the other rights guaranteed under the Sixth Amendment to the Constitution of the United States; (3) serve as the Executive Director of the Legal Aid Interagency Roundtable in accordance with section 6; (4) serve as the liaison and point of contact between the Department and indigent defense and civil legal aid organizations, including Federal public defender organizations, and conduct, along with the Office of the Attorney General, the Office of the Deputy Attorney General, and the Office of the Associate Attorney General, semi-annual meetings with representatives of these organizations to receive input and recommendations on how to improve access to justice and fulfillment of the right to counsel; (5) coordinate with other components and divisions within the Department to ensure each is considering access to justice and right to counsel in policy, enforcement, and funding decisions; (6) consult with Department grantmaking components to ensure funding decisions take into account access to justice; and (7) consult with the Secretary of State and serve as the central authority of the executive branch on access to justice before international and multilateral organizations. 5. Prohibition against participation in settlement negotiations The Office may not advise or participate in civil or criminal settlement negotiations involving or on behalf of the Department. 6. Legal Aid Interagency Roundtable (a) Purpose; composition (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish a Legal Aid Interagency Roundtable, which shall be headed by an Executive Director, to raise the awareness of executive branch agencies of the ways in which civil legal aid and indigent defense can help advance a wide range of Federal objectives, including employment, family stability, housing, consumer protection, health services, and public safety. (2) Composition The Legal Aid Interagency Roundtable as established under paragraph (1) shall be composed of representatives of executive branch department offices identified by the Executive Director of the Legal Aid Roundtable with the consent of the Attorney General. (3) Requirement The Executive Director of the Legal Aid Interagency Roundtable shall convene the Legal Aid Interagency Roundtable not less frequently than semi-annually. (b) Duties The Legal Aid Interagency Roundtable shall— (1) improve coordination among Federal programs that help the vulnerable and underserved so that such programs are more efficient and produce better outcomes by including, where appropriate, legal services among the range of supportive services provided; (2) develop a list of federally funded programs and resources that incorporate or may incorporate civil legal aid and indigent defense; (3) develop policy recommendations that improve access to justice in Federal, State, local, and Tribal jurisdictions; (4) facilitate non-governmental partnerships to promote access to civil legal aid and indigent defense and further law enforcement and civil rights objectives; (5) advance evidence-based research, data collection, and analysis on civil legal aid and indigent defense, including the potential of technology innovations and non-traditional legal professionals to improve access to justice; (6) promote the provision of civil legal aid to servicemembers, servicemember families, and veterans; and (7) report on the activities of the Legal Aid Interagency Roundtable to the President on an annual basis, including policy recommendations to improve access to civil and criminal justice in the United States. (c) Appointment of representatives The head of each executive branch department and each participating executive agency and office shall designate a senior Federal official who shall serve as their representative on the Legal Aid Interagency Roundtable. | https://www.govinfo.gov/content/pkg/BILLS-117s2701is/xml/BILLS-117s2701is.xml |
117-s-2702 | II 117th CONGRESS 1st Session S. 2702 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Luján (for himself, Mr. Heinrich , Mr. Sanders , Ms. Smith , Mr. Tester , Mr. Blumenthal , Ms. Warren , Ms. Cortez Masto , Mr. Schatz , Mr. Booker , Mr. Merkley , Ms. Rosen , Ms. Hirono , Mr. Durbin , Mr. Padilla , Mr. Van Hollen , Ms. Klobuchar , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect the voting rights of Native American and Alaska Native voters.
1. Short title This Act may be cited as the Frank Harrison, Elizabeth Peratrovich, and Miguel Trujillo Native American Voting Rights Act of 2021 . 2. Findings and purposes (a) Findings Congress finds the following: (1) The Constitution explicitly and implicitly grants Congress broad general powers to legislate on issues relating to Indian Tribes, powers consistently described as plenary and exclusive. These powers arise from the grant of authority in the Indian Commerce Clause and through legislative matters arising under the Treaty Clause. (2) The Federal Government is responsible for upholding the obligations to which the Federal Government has agreed through treaties, legislation, and executive orders, referred to as the Federal trust responsibility toward Indian Tribes and their members. (3) The Supreme Court has repeatedly relied on the nature of this government to government relationship between the United States and sovereign Indian Tribes for congressional authority to enact legislation that singles out Indians for particular and special treatment . Morton v. Mancari, 417 U.S. 535, 554–555 (1974). (4) Legislation removing barriers to Native American voting is vital for the fulfillment of Congress’ unique obligation toward Indians, particularly ensuring that Native American voters are fully included as qualified members of the modern body politic . Board of County Comm'rs v. Seber, 318 U.S. 705, 715 (1943). (5) Under the Elections Clause of article I, section 4 of the Constitution, Congress has additional power to regulate any election conducted to select Members of Congress. Taken together, the Indian Commerce Clause and the Election Clause give Congress broad authority to enact legislation to safeguard the voting rights of Native American voters. (6) Despite Congress’ decision to grant Native Americans Federal citizenship, and with it the protections of the Fifteenth Amendment, with passage of the Act of June 2, 1924 (Chapter 233; 43 Stat. 253) (commonly known as the Indian Citizenship Act of 1924 ), States continued to deploy distinct methods for disenfranchising Indians by enacting statutes to exclude from voter rolls Indians living on Indian lands, requiring that Indians first terminate their relationship with their Indian Tribe, restricting the right to vote on account of a Tribal member's guardianship status, and imposing literacy tests. (7) Barriers to voter access for Native Americans persist today, and such barriers range from obstructing voter access to vote dilution and intentional malapportionment of electoral districts. (8) The Native American Voting Rights Coalition’s nine field hearings in Indian Country and four-State survey of voter discrimination revealed a number of additional obstacles that Native Americans must overcome in some States, including— (A) a lack of accessible registration and polling sites, either due to conditions such as geography, lack of paved roads, the absence of reliable and affordable broadband connectivity, and restrictions on the time, place, and manner that eligible people can register and vote, including unequal opportunities for absentee, early, mail-in, and in-person voting; (B) nontraditional or nonexistent addresses for residents on Indian reservations, lack of residential mail delivery and pick up, reliance on distant post offices with abbreviated operating hours for mail services, insufficient housing units, overcrowded homes, and high incidence of housing insecurity and homelessness, lack of access to vehicles, and disproportionate poverty which make voter registration, acquisition and dropping off of mail-in ballots, receipt of voting information and materials, and securing required identification difficult, if not impossible; (C) inadequate language assistance for Tribal members, including lack of outreach and publicity, the failure to provide complete, accurate, and uniform translations of all voting materials in the relevant Native language, and an insufficient number of trained bilingual poll workers; and (D) voter identification laws that discriminate against Native Americans. (9) The Department of Justice and courts also recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized Indian Tribes for more accessible voter registration sites and in-person voting locations. (10) According to the National Congress of American Indians, there is a wide gap between the voter registration and turnout rates of eligible American Indians and Alaska Natives and the voter registration and turnout rates of non-Hispanic White and other racial and ethnic groups. (11) Despite these obstacles, the Native American vote continues to play a significant role in Federal, State, and local elections. (12) In Alaska, New Mexico, Oklahoma, and South Dakota, Native Americans, American Indians, and Alaska Natives comprise approximately 10 percent or more of the voting population. (13) The Native American vote also holds great potential, with over 1,000,000 voters who are eligible to vote, but are not registered to vote. (b) Purposes The purposes of this Act are— (1) to fulfill the Federal Government's trust responsibility to protect and promote Native Americans’ exercise of their constitutionally guaranteed right to vote, including the right to register to vote and the ability to access all mechanisms for voting; (2) to establish Tribal administrative review procedures for a specific subset of State actions that have been used to restrict access to the polls on Indian lands; (3) to expand voter registration under the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) to cover Federal facilities; (4) to afford equal treatment to forms of identification unique to Indian Tribes and their members; (5) to ensure American Indians and Alaska Natives experiencing homelessness, housing insecurity, or lacking residential mail pickup and delivery can pool resources to pick up and return ballots; (6) to clarify the obligations of States and political subdivisions regarding the provision of translated voting materials for American Indians and Alaska Natives under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ); (7) to provide Tribal leaders with a direct pathway to request Federal election observers and to allow public access to the reports of those election observers; (8) to study the prevalence of nontraditional or nonexistent mailing addresses in Native communities and identify solutions to voter access that arise from the lack of an address; and (9) to direct the Department of Justice to consult on an annual basis with Indian Tribes on issues related to voting. 3. Definitions In this Act: (1) Attorney general The term Attorney General means the United States Attorney General. (2) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Indian lands The term Indian lands includes— (A) Indian country as defined under section 1151 of title 18, United States Code; (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian Tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act ( 43 U.S.C. 1602 )); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (4) Indian Tribe The term Indian Tribe 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 ). (5) Polling place The term polling place means any location where a ballot is cast in elections for Federal office, and includes a voter center, poll, polling location, or polling place, depending on the State nomenclature. 4. Establishment of a Native American voting task force grant program (a) In general The Office for Civil Rights at the Office of Justice Programs of the Department of Justice (referred to in this section as the “Office”) shall establish and administer, in coordination with the Department of the Interior, a Native American voting task force grant program, through which the Office shall provide financial assistance to eligible applicants to enable those eligible applicants to establish and operate a Native American Voting Task Force in each State with a federally recognized Indian Tribe. (b) Purposes The purposes of the Native American voting task force grant program are to— (1) increase voter outreach, education, registration, and turnout in Native American communities; (2) increase access to the ballot for Native American communities, including additional satellite, early voting, and absentee voting locations; (3) streamline and reduce inconsistencies in the voting process for Native Americans; (4) provide, in the community's dominant language, educational materials and classes on Indian lands about candidacy filing; (5) train and educate State and local employees, including poll workers, about— (A) the language assistance and voter assistance requirements under sections 203 and 208 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ; 10508); (B) voter identification laws as affected by section 8 of this Act; and (C) the requirements of Tribes, States, and precincts established under this Act; (6) identify model programs and best practices for providing language assistance to Native American communities; (7) provide nonpartisan poll watchers on election day in Native American communities; (8) participate in and evaluate future redistricting efforts; (9) address issues of internet connectivity as it relates to voter registration and ballot access in Native American communities; (10) work with Indian Tribes, States, and the Federal Government to establish mailing addresses that comply with applicable State and Federal requirements for receipt of voting information and materials; and (11) facilitate collaboration between local election officials, Native American communities, and Tribal elections offices. (c) Eligible applicant The term eligible applicant means— (1) an Indian Tribe; (2) a Secretary of State of a State, or another official of a State entity responsible for overseeing elections; (3) a nonprofit organization that works, in whole or in part, on voting issues; or (4) a consortium of entities described in paragraphs (1) through (3). (d) Application and selection process (1) In general The Office, in coordination with the Department of the Interior and following consultation with Indian Tribes about the implementation of the Native American voting task force grant program, shall establish guidelines for the process by which eligible applicants will submit applications. (2) Applications Each eligible applicant desiring a grant under this section shall submit an application, according to the process established under paragraph (1), and at such time, in such manner, and containing such information as the Office may require. Such application shall include— (A) a certification that the applicant is an eligible applicant; (B) a proposed work plan addressing how the eligible applicant will establish and administer a Native American Voting Task Force that achieves the purposes described in subsection (b); (C) if the eligible applicant is a consortium as described in subsection (c)(4), a description of the proposed division of responsibilities between the participating entities; (D) an explanation of the time period that the proposed Native American Voting Task Force will cover, which shall be a time period that is not more than 3 years; and (E) the goals that the eligible applicant desires to achieve with the grant funds. (e) Uses of funds A grantee receiving funds under this section shall use such funds to carry out one or more of the activities described in subsection (b), through the grantee's Native American Voting Task Force. (f) Reports (1) Report to the Office (A) In General Not later than 1 year after the date on which an eligible applicant receives grant funds under this section, and annually thereafter for the duration of the grant, each eligible applicant shall prepare and submit a written report to the Office describing the eligible applicant's progress in achieving the goals outlined in the application under subsection (d)(2). (B) Response Not later than 30 days after the date on which the Office receives the report described in paragraph (1), the Office will provide feedback, comments, and input to the eligible applicant in response to such report. (2) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Office shall prepare and submit a report to the Committee on Indian Affairs of the Senate and Committee on Natural Resources of the House of Representatives containing the results of the reports described under paragraph (1). (g) Relationship with other laws Nothing in this section reduces State or local obligations provided for by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ), the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal law or regulation related to voting or the electoral process. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2037. 5. Voter registration sites at Indian service providers and on Indian lands Section 7(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking and after the semicolon; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) any Federal facility or federally funded facility that is primarily engaged in providing services to an Indian Tribe; and (D) not less than one Federal facility or federally funded facility that is located within the Indian lands of an Indian Tribe, as applicable, (which may be the Federal facility or federally funded facility described in subparagraph (C)). ; and (2) by adding at the end the following: (8) Where practicable, each Federal agency that operates a Federal facility or a federally funded facility that is a designated voter registration agency in accordance with subparagraph (C) or (D) of paragraph (2) shall designate one or more special days per year at a centralized location within the boundaries of the Indian lands of each applicable Indian Tribe for the purpose of informing members of the Indian Tribe of the timing, registration requirements, and voting procedures in elections for Federal office, at no cost to the Indian Tribe. . 6. Accessible Tribal designated polling sites (a) In general (1) Designation of State officer Each of the several States whose territory contains all or part of an Indian Tribe’s Indian lands shall designate an officer within that State who will be responsible for compliance with the provisions of this section and who shall periodically consult with the Indian Tribes located wholly or partially within that State regarding compliance with the provisions of this section and coordination between the State and the Indian Tribe. The State shall provide written notice to each such Indian Tribe of the officer so designated. (2) Provision of polling places For each Indian Tribe that satisfies the obligations of subsection (c), and for each election for a Federal official or State official that is held 180 days or later after the date on which the Indian Tribe initially satisfies such obligations, any State or political subdivision whose territory contains all or part of an Indian Tribe’s Indian lands— (A) shall provide a minimum of one polling place in each precinct in which there are eligible voters who reside on Indian lands, in a location selected by the Indian Tribe and at no cost to the Indian Tribe, regardless of the population or number of registered voters residing on Indian lands; (B) shall not reduce the number of polling locations on Indian lands based on population numbers; (C) shall provide, at no cost to the Indian Tribe, additional polling places in locations on Indian lands selected by an Indian Tribe and requested under subsection (c) if, based on the totality of circumstances described in subsection (b), it is shown that not providing those additional polling places would result in members of the Indian Tribe and living on Indian lands or other individuals residing on the Indian Tribe’s Indian lands having less opportunity to vote than eligible voters in that State or political subdivision who are not members of an Indian Tribe or do not reside on Indian lands; (D) shall, at each polling place located on Indian lands and at no cost to the Indian Tribe, make voting machines, tabulation machines, official receptacles designated for the return of completed absentee ballots, ballots, provisional ballots, and other voting materials available to the same or greater extent that such equipment and materials are made available at other polling places in the State or political subdivision that are not located on Indian lands; (E) shall, at each polling place located on Indian lands, conduct the election using the same voting procedures that are used at other polling places in the State or political subdivision that are not located on Indian lands, or other voting procedures that provide greater access for voters; (F) shall, at each polling place located on Indian lands and at no cost to the Indian Tribe, make voter registration available during the period the polling place is open to the maximum extent allowable under State law; (G) shall, at each polling place located on Indian lands, provide training, compensation, and other benefits to election officials and poll workers at no cost to the Indian Tribe and, at a minimum, to the same or greater extent that such training, compensation, and benefits are provided to election officials and poll workers at other polling places in the State or political subdivision that are not located on Indian lands; (H) shall, in all cases, provide the Indian Tribe an opportunity to designate election officials and poll workers to staff polling places within the Indian lands of the applicable Indian Tribe on every day that the polling places will be open; (I) shall allow for any eligible voting member of the Indian Tribe or any eligible voting individual residing on Indian lands to vote early or in person at any polling place on Indian lands, regardless of that member or individual’s residence or residential address, and shall not reject the ballot of any such member or individual on the grounds that the ballot was cast at the wrong polling place; and (J) may fulfill the State’s obligations under subparagraphs (A) and (C) by relocating existing polling places, by creating new polling places, or both. (b) Equitable opportunities To vote (1) In General When assessing the opportunities to vote provided to members of an Indian Tribe and to other eligible voters in the State residing on Indian lands in order to determine the number of additional polling places (if any) that a State or political subdivision must provide in accordance with subsection (a)(2)(C), the State, political subdivision, or any court applying this section, shall consider the totality of circumstances of— (A) the number of voting-age citizens assigned to each polling place; (B) the distances that voters must travel to reach the polling places; (C) the time that voters must spend traveling to reach the polling places, including under inclement weather conditions; (D) the modes of transportation, if any, that are regularly and broadly available to voters to use to reach the polling places; (E) the existence of and access to frequent and reliable public transportation to the polling places; (F) the length of lines and time voters waited to cast a ballot in previous elections; and (G) any other factor relevant to effectuating the aim of achieving equal voting opportunity for individuals living on Indian lands. (2) Absence of factors When assessing the opportunities to vote in accordance with paragraph (1), the State, political subdivision, or court shall ensure that each factor described in paragraph (1) is considered regardless of whether any one factor would lead to a determination not to provide additional polling places under subsection (a)(2)(C). (c) Form; Provision of form; Obligations of the Indian Tribe (1) Form The Attorney General shall establish the form described in this subsection through which an Indian Tribe can fulfill its obligations under this subsection. (2) Provision of Form Each State or political subdivision whose territory contains all or part of an Indian Tribe’s Indian lands— (A) shall provide the form established under paragraph (1) to each applicable Indian Tribe not less than 30 days prior to the deadline set by the State or political subdivision for completion of the obligations under this subsection (which deadline shall be not less than 30 days prior to a Federal election) whereby an Indian Tribe can fulfill its obligations under this subsection by providing the information described in paragraph (3) on that form and submitting the form back to the applicable State or political subdivision by such deadline; (B) shall not edit the form established under paragraph (1) or apply any additional obligations on the Indian Tribe with respect to this section; and (C) shall cooperate in good faith with the efforts of the Indian Tribe to satisfy the requirements of this subsection. (3) Obligations of the Indian Tribe The requirements for a State and political subdivision under subsection (a)(2) shall apply with respect to an Indian Tribe once an Indian Tribe meets the following obligations by completing the form specified in paragraph (1): (A) The Indian Tribe specifies the number and locations of requested polling places, early voting locations, and ballot drop boxes to be provided on the Indian lands of that Indian Tribe. (B) The Indian Tribe certifies that curbside voting will be available for any facilities that lack accessible entrances and exits in accordance with Federal and State law. (C) The Indian Tribe certifies that the Indian Tribe will ensure that each such requested polling place will be open and available to all eligible voters who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such eligible voters are members of the Indian Tribe or of any other Indian Tribe. (D) The Indian Tribe requests that the State or political subdivision shall designate election officials and poll workers to staff such requested polling places, or certifies that the Indian Tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open. (E) The Indian Tribe may request that the State or political subdivision provide absentee ballots without requiring an excuse, an absentee ballot request, or residential address to all eligible voters who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such eligible voters are members of the Indian Tribe or of any other Indian Tribe. (4) Established polling places Once a polling place is established under subsection (a)(2)(A) or subsection (a)(2)(C) the Tribe need not fill out the form designated under paragraph (1) again unless or until that Indian Tribe requests modifications to the requests specified in the most recent form under paragraph (1). (5) Opt out At any time that is 60 days or more before the date of an election, an Indian Tribe that previously has satisfied the obligations of paragraph (3) may notify the State or political subdivision that the Indian Tribe intends to opt out of the standing obligation for one or more polling places that were established in accordance with subsection (a)(2)(A) or subsection (a)(2)(C) for a particular election or for all future elections. A Tribe may opt back in at any time. (d) Federal polling sites Each State shall designate as voter polling facilities any of the facilities identified in accordance with subparagraph (C) or (D) of section 7(a)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a)(2) ), at no cost to the Indian Tribe, provided that the facility meets the requirements of Federal and State law as applied to other polling places within the State or political subdivision. The applicable agency of the Federal Government shall ensure that such designated facilities are made available as polling places. (e) Mail-In balloting In States or political subdivisions that permit absentee or mail-in balloting, the following shall apply with respect to an election for Federal office: (1) For each ballot cast by a member of an Indian Tribe living on Indian lands, all postage shall be prepaid by the Federal Government and each ballot postmarked the day the ballot is received at a postal facility located on Indian lands. (2) An Indian Tribe may designate at least one building per precinct as a ballot pickup and collection location (referred to in this section as a tribally designated buildings ) at no cost to the Indian Tribe. The applicable State or political subdivision shall collect and timely deposit all ballots from each tribally designated building. (3) At the applicable Tribe’s request, the State or political subdivision shall provide mail-in and absentee ballots to each registered voter residing on Indian lands in the State or political subdivision without requiring a residential address, a mail-in or absentee ballot request, or an excuse for a mail-in or absentee ballot. (4) The address of a tribally designated building may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. (5) If there is no tribally designated building within the precinct of a voter residing on Indian lands (including if the tribally designated building is on Indian lands but not in the same precinct as the voter), the voter may— (A) use another tribally designated building within the Indian lands where the voter is located; or (B) use such tribally designated building as a mailing address and may separately designate the voter’s appropriate precinct through a description of the voter's address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (6) In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), as amended by this Act. (7) A State or political division shall make reasonable efforts to contact a voter who resides within Indian lands located within its jurisdiction and offer such voter a reasonable opportunity to cure any defect in an absentee ballot issued to and completed and returned by the voter, or appearing on or pertaining to the materials provided for the purpose of returning the absentee ballot, if State law would otherwise require the absentee ballot to be rejected due to such defect and the defect does not compromise ballot secrecy or involve a lack of witness or assistant signature, where such signature is mandated by State law. (8) In a State or political subdivision that does not permit absentee or mail-in balloting for all eligible voters in the State or political subdivision, that State or political subdivision shall nonetheless provide for absentee or mail-in balloting for voters who reside on Indian lands consistent with this section if the State, political subdivision, or any court applying this section determines that the totality of circumstances described in subsection (b) warrants establishment of absentee or mail-in balloting for voters who reside on Indian lands located within the jurisdiction of the State or political subdivision. (f) Ballot drop boxes Each State shall— (1) provide not less than one ballot drop box for each precinct on Indian lands, at no cost to the Indian Tribe, at either the tribally designated building under subsection (e)(2) or an alternative site selected by the applicable Indian Tribe; and (2) provide additional drop boxes at either the tribally designated building under subsection (e)(2) or an alternative site selected by the applicable Indian Tribe if the State or political subdivision determines that additional ballot drop boxes should be provided based on the criteria considered under the totality of circumstances enumerated under subsection (b). (g) Early voting (1) Early voting locations In a State or political subdivision that permits early voting in an election for Federal office, that State or political subdivision shall provide not less than one early voting location for each precinct on Indian lands, at no cost to the Indian Tribe, at a site selected by the applicable Indian Tribe, to allow individuals living on Indian lands to vote during an early voting period in the same manner as early voting is allowed on such date in the rest of the State or precinct. Additional early voting sites shall be determined based on the criteria considered under the totality of circumstances described in subsection (b). (2) Length of period In a State or political subdivision that permits early voting in an election for Federal office, that State or political subdivision shall provide an early voting period with respect to that election that shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State or political subdivision, on a day prior to the 15th day before the date of the election) and ends on the date of the election for all early voting locations on Indian lands. (3) Minimum early voting requirements Each polling place that allows voting during an early voting period under this subsection shall— (A) allow such voting for no less than 10 hours on each day; (B) have uniform hours each day for which such voting occurs; and (C) allow such voting to be held for some period of time prior to 9:00 a.m. (local time) and some period of time after 5:00 p.m. (local time). (4) Ballot processing and scanning requirements (A) In general To the greatest extent practicable, ballots cast during the early voting period in an election for Federal office at voting locations and drop boxes on Indian lands shall be processed and scanned for tabulation in advance of the close of polls on the date of the election. (B) Limitation Nothing in this subsection shall be construed to permit a State or political subdivision to tabulate and count ballots in an election for Federal office before the closing of the polls on the date of the election. (h) Provisional ballots (1) In General In addition to the requirements under section 302(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(a) ), for each State or political subdivision that provides voters provisional ballots, challenge ballots, or affidavit ballots under the State’s applicable law governing the voting processes for those voters whose eligibility to vote is determined to be uncertain by election officials, election officials shall— (A) provide clear written instructions indicating the reason the voter was given a provisional ballot, the information or documents the voter needs to prove eligibility, the location at which the voter must appear to submit these materials or alternative methods, including email or facsimile, that the voter may use to submit these materials, and the deadline for submitting these materials; (B) permit any voter who votes provisionally at any polling place on Indian lands to appear at any polling place or at the central location for the election board to submit the documentation or information to prove eligibility; (C) permit any voter who votes provisionally at any polling place to submit the required information or documentation via email or facsimile, if the voter prefers to use such methods as an alternative to appearing in person to submit the required information or documentation to prove eligibility; (D) notify the voter on whether the voter’s provisional ballot was counted or rejected by telephone, email, or postal mail, or any other available method, including notifying the voter of any online tracking website if State law provides for such a mechanism; and (E) provide the reason for rejection if the voter’s provisional ballot was rejected after the voter provided the required information or documentation on eligibility. (2) Duties of election officials A State or political subdivision described in paragraph (1) shall ensure in each case in which a provisional ballot is cast, that election officials— (A) request and collect the voter’s email address, if the voter has one, and transmit any written instructions issued to the voter in person to the voter via email; and (B) provide a verbal translation of any written instructions to the voter. (i) Enforcement (1) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. (2) Private right of action (A) A person or Indian Tribe who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (B) An aggrieved person or Indian Tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this section, if— (i) that person or Indian Tribe provides the notice described in subparagraph (A); and (ii) (I) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under subparagraph (A); or (II) in the case of a violation that occurs 120 days or less but more than 30 days before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under subparagraph (A). (C) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Indian Tribe may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under subparagraph (A). (3) Rule of construction Nothing in this section shall be construed to prevent a State or political subdivision from providing additional polling places or early voting locations on Indian lands. 7. Procedures for removal of polling places and voter registration sites on Indian lands (a) Actions Requiring Tribal Administrative Review No State or political subdivision may carry out any of the following activities in an election for Federal office unless the requirements of subsection (b) have been met: (1) Eliminating polling places or voter registration sites on the Indian lands of an Indian Tribe. (2) Moving or consolidating a polling place or voter registration site on the Indian lands of an Indian Tribe to a location 1 mile or further from the existing location of the polling place or voter registration site. (3) Moving or consolidating a polling place on the Indian lands of an Indian Tribe to a location across a river, lake, mountain, or other natural boundary such that it increases travel time for a voter, regardless of distance. (4) Eliminating in-person voting on the Indian lands of an Indian Tribe by designating an Indian reservation as a permanent absentee voting location, unless the Indian Tribe requests such a designation and has not later requested that the designation as a permanent absentee voting location be reversed. (5) Removing an early voting location or otherwise diminishing early voting opportunities on Indian lands. (6) Removing a ballot drop box or otherwise diminishing ballot drop boxes on Indian lands. (7) Decreasing the number of days or hours that an in-person or early voting polling place is open on Indian lands only or changing the dates of in-person or early voting only on the Indian lands of an Indian Tribe. (b) Tribal administrative review (1) In general The requirements of this subsection have been met if— (A) the impacted Indian Tribe submits to the Attorney General the Indian Tribe’s written consent to the proposed activity described in subsection (a); (B) the State or political subdivision, after consultation with the impacted Indian Tribe and after attempting to have the impacted Indian Tribe give consent as described in subparagraph (A), institutes an action in the United States District Court for the District of Columbia for a declaratory judgment, and a declaratory judgment is issued based upon affirmative evidence provided by the State or political subdivision, that conclusively establishes that the specified activity described in subsection (a) proposed by the State or political subdivision neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, membership in an Indian Tribe, or membership in a language minority group; or (C) the chief legal officer or other appropriate official of such State or political subdivision, after consultation with the impacted Indian Tribe and after attempting to have the impacted Indian Tribe give consent as described in subparagraph (A), submits a request to carry out the specified activity described in subsection (a) to the Attorney General and the Attorney General affirmatively approves the specified activity. (2) No limitation on future actions (A) No bar to subsequent action Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section, nor a written consent issued under paragraph (1)(A) shall bar a subsequent action to enjoin enforcement of an activity described in subsection (a). (B) Reexamination The Attorney General reserves the right to reexamine any submission under paragraph (1)(C) if additional relevant information comes to the Attorney General’s attention. (C) District court Any action under this section shall be heard and determined by a district court of 3 judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. 8. Tribal voter identification (a) Tribal identification If a State or political subdivision requires an individual to present identification for the purposes of voting or registering to vote in an election for Federal office, an identification card issued by a federally recognized Indian Tribe, the Bureau of Indian Affairs, the Indian Health Service, or any other Tribal or Federal agency issuing identification cards to eligible Indian voters shall be treated as a valid form of identification for such purposes. (b) Online registration If a State or political subdivision requires an identification card for an individual to register to vote online or to vote online, that State or political subdivision shall annually consult with an Indian Tribe to determine whether a tribal identification can feasibly be used to register to vote online or vote online. (c) Limitation on requiring multiple forms of identification If a State or political subdivision requires an individual to present more than one form of identification for the purposes of voting or registering to vote in an election for Federal office, or for registering to vote online or to vote online, that State or political subdivision shall not require any member of an Indian Tribe to provide more than one form of identification if the member provides orally or in writing that the member does not possess more than one form of identification. 9. Permitting voters To designate other person to return ballot Each State or political subdivision— (1) shall permit any person to return a sealed ballot of a voter that resides on Indian lands to a post office on Indian lands, a ballot drop box location in a State or political subdivision that provides ballot drop boxes, a tribally designated building under section 6(e)(2), or an election office, so long as the person designated to return the ballot or ballots on behalf of another voter does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; (2) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, ballot drop box location, tribally designated building, or election office under paragraph (1); and (3) shall permit any person to return voter registration applications, absentee ballot applications, or absentee ballots to ballot drop box locations in a State or political subdivision that provides ballot drop boxes for these purposes. 10. Bilingual election requirements Section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ) is amended— (1) in subsection (b)(3)(C), by striking 1990 and inserting most recent ; and (2) by striking subsection (c) and inserting the following: (c) Provision of voting materials in the language of a minority group (1) In general Whenever any State or political subdivision subject to the prohibition of subsection (b), provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. (2) Exceptions (A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall only be required to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. (B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall only be required to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Indian Tribe of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Indian Tribe does not want written translations in the minority language. (3) Written translations for election workers Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform. . 11. Federal observers to protect Tribal voting rights (a) Amendment to the voting rights act of 1965 Section 8(a) of the Voting Rights Act of 1965 ( 52 U.S.C. 10305(a) ) is amended— (1) in paragraph (1), by striking or after the semicolon; (2) in paragraph (2)(B), by adding or after the semicolon; and (3) by inserting after paragraph (2) the following: (3) the Attorney General has received a written complaint from an Indian Tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color, membership in an Indian Tribe, or in contravention of the guarantees set forth in section 4(f)(2), are likely to occur; . (b) Publicly available reports The Attorney General shall make publicly available the reports of a Federal election observer appointed pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 ( 52 U.S.C. 10305(a)(3) ), as added by subsection (a), not later than 6 months after the date that such reports are submitted to the Attorney General, except that any personally identifiable information relating to a voter or the substance of the voter's ballot shall not be made public. 12. Tribal jurisdiction (a) In General Tribal law enforcement have the right to exercise their inherent authority to detain and or remove any non-Indian, not affiliated with the State, its political subdivision, or the Federal Government, from Indian lands for intimidating, harassing, or otherwise impeding the ability of people to vote or of the State and its political subdivisions to conduct an election. (b) Civil action by Attorney General for relief Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them to permit persons to vote and to count such votes. 13. Tribal voting consultation The Attorney General shall consult annually with Indian Tribes regarding issues related to voting in elections for Federal office. 14. Attorneys' fees, expert fees, and litigation expenses In a civil action under this Act, the court shall award the prevailing party, other than the United States, reasonable attorney fees, including litigation expenses, reasonable expert fees, and costs. 15. GAO study and report The Comptroller General shall study the prevalence of nontraditional or nonexistent mailing addresses among Indians, those who are members of Indian Tribes, and those residing on Indian lands and identify alternatives to remove barriers to voter registration, receipt of voter information and materials, and receipt of ballots. The Comptroller General shall report the results of that study to Congress not later than 1 year after the date of enactment of this Act. 16. United States Postal Service consultation The Postmaster General shall consult with Indian Tribes, on an annual basis, regarding issues relating to the United States Postal Service that present barriers to voting for eligible voters living on Indian lands. 17. Severability; relationship to other laws; Tribal sovereign immunity (a) Severability If any provision of this Act, or the application of such a provision to any person, entity, or circumstance, is held to be invalid, the remaining provisions of this Act and the application of all provisions of this Act to any other person, entity, or circumstance shall not be affected by the invalidity. (b) Relationship to other laws Nothing in this Act shall invalidate, or limit the rights, remedies, or procedures available under, or supersede, restrict, or limit the application of, the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ), the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), or any other Federal law or regulation related to voting or the electoral process. Notwithstanding any other provision of law, the provisions of this Act, and the amendments made by this Act, shall be applicable within the State of Maine. (c) Tribal sovereign immunity Nothing in this Act shall be construed as— (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian Tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to Indian people. 18. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2702is/xml/BILLS-117s2702is.xml |
117-s-2703 | II 117th CONGRESS 1st Session S. 2703 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Wicker (for himself, Mr. Menendez , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 to require insurance agents who sell flood insurance policies under the National Flood Insurance Program to take certain continuing education courses, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Continuing Education and Training Act . 2. Continuing education for insurance agents (a) In general The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended— (1) in section 201 ( 42 U.S.C. 4011 note)— (A) in paragraph (1), by striking Director of the and inserting Administrator of the ; and (B) in paragraph (2), by inserting 4001 after U.S.C. ; and (2) by striking section 207 ( 42 U.S.C. 4011 note) and inserting the following: 207. Continuing education requirements for insurance agents (a) In general The Director shall require each insurance agent who sells flood insurance policies to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States (1) In general If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial If an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner. . (b) Technical and conforming amendment The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: Sec. 207. Continuing education requirements for insurance agents. . | https://www.govinfo.gov/content/pkg/BILLS-117s2703is/xml/BILLS-117s2703is.xml |
117-s-2704 | II 117th CONGRESS 1st Session S. 2704 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Wicker (for himself and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the National Flood Insurance Act of 1968 to provide relief from surcharges to small businesses and nonprofit organizations.
1. Short title This Act may be cited as the Small Business Surcharge Relief Act . 2. Relief from surcharge Section 1308A(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015a(a) ) is amended— (1) in the first sentence, by striking The Administrator and inserting the following: (1) In general Except as provided in paragraph (2), the Administrator ; and (2) by adding at the end the following: (2) Relief for small businesses and nonprofits (A) Definition In this paragraph, the term covered small business or nonprofit organization means a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) or an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code that owns not fewer than 3 structures that are located on a single property. (B) Relief The Administrator may not impose a surcharge under this section for a policy for flood insurance coverage under the National Flood Insurance Program for a covered small business concern or nonprofit organization with respect to more than 2 detached units or buildings located on a single property if the covered small business or nonprofit organization certifies to the Administrator that the savings from the surcharge not being imposed shall be used for flood mitigation on the property on which the units or buildings are located. . | https://www.govinfo.gov/content/pkg/BILLS-117s2704is/xml/BILLS-117s2704is.xml |
117-s-2705 | II 117th CONGRESS 1st Session S. 2705 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Luján (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes.
1. Short title This Act may be cited as the Tribal Wildlife Corridors Act of 2021 . 2. Definitions In this Act: (1) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (2) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, in consultation with the Director of the Bureau of Indian Affairs. 3. Tribal Wildlife Corridors (a) Establishment (1) In general (A) Nominations An Indian Tribe may nominate a corridor within the boundaries of the land of the Indian Tribe as a Tribal Wildlife Corridor by submitting to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Determination Not later than 90 days after the date on which the Secretary receives an application under subparagraph (A), the Secretary shall determine whether the nominated Tribal Wildlife Corridor described in the application meets the criteria established under paragraph (2). (C) Publication On approval of an application under subparagraph (B), the Secretary shall publish in the Federal Register a notice of the establishment of the Tribal Wildlife Corridor, which shall include a map and legal description of the land designated as a Tribal Wildlife Corridor. (2) Criteria (A) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall establish criteria for determining whether a corridor nominated by an Indian Tribe under paragraph (1)(A) qualifies as a Tribal Wildlife Corridor. (B) Inclusions The criteria established under subparagraph (A) shall include, at a minimum, the following: (i) The restoration of historical habitat for the purposes of facilitating connectivity. (ii) The management of land for the purposes of facilitating connectivity. (iii) The management of land to prevent the imposition of barriers that may hinder current or future connectivity. (3) Removal (A) In general An Indian Tribe may elect to remove the designation of a Tribal Wildlife Corridor on the land of the Indian Tribe by notifying the Secretary. (B) Effect of removal An Indian Tribe that elects to remove a designation under subparagraph (A) may not receive assistance under subsection (c) or (d). (b) Coordination of land use plans Section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) is amended— (1) in subsection (b)— (A) by striking Indian tribes by and inserting the following: Indian Tribes— (1) by ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) for the purposes of determining whether the land use plans for land in the National Forest System would provide additional connectivity to benefit the purposes of a Tribal Wildlife Corridor established under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021 . ; and (2) by adding at the end the following: (g) Tribal wildlife corridors On the establishment of a Tribal Wildlife Corridor under section 3(a)(1) of the Tribal Wildlife Corridors Act of 2021 , the Secretary shall conduct a meaningful consultation with the Indian Tribe that administers the Tribal Wildlife Corridor to determine whether, through the revision of 1 or more existing land use plans, the Tribal Wildlife Corridor can— (1) be expanded into public lands; or (2) otherwise benefit connectivity between public lands and the Tribal Wildlife Corridor. . (c) Technical assistance The Secretary shall provide to Indian Tribes technical assistance relating to the establishment, management, and expansion of a Tribal Wildlife Corridor, including assistance with accessing wildlife data and working with voluntary private landowners to access Federal and State programs to improve wildlife habitat and connectivity on non-Federal land. (d) Availability of assistance (1) Tribal Wildlife Corridors grant program (A) Establishment The Secretary shall establish a Tribal Wildlife Corridors grant program (referred to in this subsection as the program ) to encourage wildlife movement in accordance with this section. (B) Grants Beginning not later than 3 years after the date of enactment of this Act, the Secretary shall make grants under the program to 1 or more Indian Tribes to increase connectivity through Tribal Wildlife Corridors. (2) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $50,000,000 for fiscal year 2022 and each fiscal year thereafter. (e) Savings clause Nothing in this section authorizes or affects the use of private property or Indian land. 4. Protection of Indian Tribes (a) Federal trust responsibility Nothing in this Act or an amendment made by this Act amends, alters, or waives the Federal trust responsibility to Indian Tribes. (b) Freedom of Information Act (1) Exemption Information described in paragraph (2) shall not be subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), if the head of the agency that receives the information, in consultation with the Secretary and the affected Indian Tribe, determines that disclosure may— (A) cause a significant invasion of privacy; (B) risk harm to human remains or resources, cultural items, uses, or activities; or (C) impede the use of a traditional religious site by practitioners. (2) Information described Information referred to in paragraph (1) is information received by a Federal agency— (A) pursuant to this Act or an amendment made by this Act relating to— (i) the location, character, or ownership of human remains of a person of Indian ancestry; or (ii) resources, cultural items, uses, or activities identified by an Indian Tribe as traditional or cultural because of the long-established significance or ceremonial nature to the Indian Tribe; or (B) pursuant to the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s2705is/xml/BILLS-117s2705is.xml |
117-s-2706 | II 117th CONGRESS 1st Session S. 2706 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Menendez (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve diversity in clinical trials and data collection for COVID–19 and future public health threats to address social determinants of health.
1. Short title This Act may be cited as the Diversifying Investigations Via Equitable Research Studies for Everyone Trials Act or the DIVERSE Trials Act . 2. Guidance on decentralized clinical trials (a) Definitions In this section, the term decentralized clinical trials includes clinical trials that are executed through a broad spectrum of options, such as telemedicine or other mobile or digital technologies, to allow for the remote collection and assessment of clinical trial data from participants, including in the home or office setting. (b) Guidance Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary ), acting through the Commissioner of Food and Drugs (referred to in this Act as the Commissioner ), shall issue a draft guidance that addresses how to conduct decentralized clinical trials with meaningful demographic diversity, including racial, ethnic, age, gender, and geographic diversity in patient engagement, enrollment, and participation, including how to appropriately use digital health technologies or other remote assessment options, such as telemedicine, to support such trials. Not later than 6 months after the date the public comment period for the draft guidance ends, the Secretary shall issue a final guidance. (c) Content of guidance The guidance under subsection (b) shall address the following: (1) Strategies to engage with prospective clinical trial participants and community partners, such as patient advocacy groups with diverse representation, to incorporate input of such patients and partners into the design of decentralized clinical trials. (2) Recommendations for— (A) protocol design approaches; (B) appropriate clinical endpoints; (C) institutional review board composition and ensuring that such boards include members with expertise in decentralized clinical trials; (D) delegation of clinical research organization responsibilities and suitable proxies for clinical research organizations; and (E) simplifying informed consent. (3) Recommendations for how digital health technology or other remote assessment options, such as telemedicine, could support decentralized clinical trials, including guidance on appropriate technological platforms and mediums, data collection and use, data integrity, and communication to study participants through digital technology. (4) Recommendations for appropriate methods of patient recruitment and retention, including institutional review board oversight, patient communication, and the role of study participants and community partners as advocates to facilitate clinical trial recruitment, particularly with respect to underrepresented populations. (5) Information regarding when and how a study sponsor may solicit a meeting with the Secretary regarding the issues described in paragraphs (1) through (4). (d) International Harmonization After issuing the final guidance under subsection (b), the Secretary, acting through the Commissioner, may work with foreign regulators pursuant to existing memoranda of understanding governing exchange of information to facilitate international harmonization of the regulation of decentralized clinical trials and use of digital health technology or other remote assessment options. 3. Encouragement of clinical trial enrollment by racially and ethnically diverse populations (a) No cost provision of digital health technologies The free provision of digital health technologies by drug or device manufacturers to their clinical trial participants shall not be considered a violation of section 1128A of the Social Security Act (commonly known as the Civil Monetary Penalties Law ) ( 42 U.S.C. 1320a–7a ), section 1128B of the Social Security Act ( 42 U.S.C. 1320a–7b ), or sections 3729 through 3733 of title 31, United States Code, (commonly known as the False Claims Act ), provided that— (1) the use of digital health technologies will facilitate in any phase of clinical development the inclusion of diversity of patient populations, such as underrepresented racial and ethnic minorities, low-income populations, and the elderly; (2) the digital health technologies will facilitate individuals participation, or are necessary to such participation; (3) all features of the digital health technologies that are unrelated to use in the clinical trial are disabled or only allowed to remain activated to model real-world usage of the digital technology; and (4) the clinical trial sponsor requires participants to return, purchase, or disable the digital health technologies by the conclusion of the trial. (b) Grants and contracts (1) In general The Secretary may issue grants to and enter into contracts with entities to support community education, outreach, and recruitment activities for clinical trials with respect to drugs, including vaccines for diseases or conditions which have a disproportionate impact on underrepresented populations (including on racial and ethnic minority populations), including for the diagnosis, prevention, or treatment of COVID–19. Such activities may include— (A) working with community clinical trial sites, including community health centers, academic health centers, and other facilities; (B) training health care personnel including potential clinical trial investigators, with a focus on significantly increasing the number of underrepresented racial and ethnic minority healthcare personnel who are clinical trial investigators at the community sites for ongoing clinical trials; (C) engaging community stakeholders to encourage participation in clinical trials, especially in underrepresented racial and ethnic minority communities; and (D) fostering partnerships with community-based organizations serving underrepresented racial and ethnical minority populations, including employee unions and frontline health care workers. (2) Priority for grant and contract awards In awarding grants and contracts under this subsection, the Secretary shall prioritize entities that— (A) develop educational, recruitment, and training materials in multiple languages; or (B) undertake clinical trial outreach efforts in more diverse racial and ethnic communities that are traditionally underrepresented in clinical trials, such as tribal areas. (3) Authorization of appropriations There is authorized to be appropriated for fiscal years 2020 and 2021 such sums as may be necessary to carry out this subsection. 4. Enhancement of COVID–19 data collection to address demographic data gaps and social determinants of health (a) Data collection To address demographic data gaps (1) In general The Secretary shall require laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), to include with reports made under such section 18115(a) information to enhance such existing COVID–19 data collection activities and to advance policies to address social determinants of health, including additional identifiers, such as those identified by the Commissioner, including building on guidance existing on the date of enactment of this Act, for the collection of race and ethnicity data in clinical trials, as determined appropriate by the Secretary. (2) Additional use of data The data collected under paragraph (1) may be used to inform— (A) clinical trial recruitment; (B) resource allocations; (C) treatment strategies; and (D) other public health activities. (3) Collection via grants or contracts (A) In general The Secretary may issue grants to, and enter into contracts with, States, local public health departments, or other entities supplying data to the Secretary as required under this subsection, to support the activities under this subsection. (B) Guidance for use of funds In issuing grants or contracts under subparagraph (A), the Secretary may issue guidance regarding best practices for collecting data pursuant to paragraph (1) and track the performance of entities receiving grants or contracts. (4) Use and disclosure for public health activities The submission and use of data collected pursuant to this subsection shall be considered a permitted disclosure and use for public health activities as set forth in section 164.512(b)(1)(i) of 45, Code of Federal Regulations (or any successor regulations). (b) Data collection regarding enhanced risk for COVID–19 The Secretary shall— (1) conduct a study on best practices for laboratories that are subject to the reporting requirements under section 18115(a) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) to aid such laboratories in collecting data elements related to enhanced risk for COVID–19, such as data, with respect to a patient, regarding income, education, employment, disability, community resources, and social support; (2) consider which governmental entities (including Federal, State, and local governmental entities) would be best suited to aiding in collecting such data elements in coordination with such laboratories; and (3) issue guidance on such best practices. 5. Clarification that certain remuneration related to participation in clinical trials does not constitute remuneration under the Federal civil money penalties law (a) In general Section 1128A(i)(6)(F) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)(F)) is amended by inserting (including remuneration offered or transferred to an individual to promote the participation in an approved clinical trial, as defined in subsection (d) of the first section 2709 of the Public Health Service Act, that is registered with the database of clinical trials maintained by the National Library of Medicine (or any successor database), so long as such remuneration facilitates equitable inclusion of patients from all relevant demographic and socioeconomic populations and is related to patient participation in the approved clinical trial) after promotes access to care . (b) Effective date The amendment made by subsection (a) shall apply to remuneration provided on or after the date of the enactment of this Act. 6. National academy of medicine study (a) In general The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and propose a design for a national interoperable data platform to improve access to health data, and other relevant data needs, during public health emergencies. (b) Report The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 120 days after the date of enactment of this Act, of a report on the results of the study under subsection (a) and the design proposed based on such study. | https://www.govinfo.gov/content/pkg/BILLS-117s2706is/xml/BILLS-117s2706is.xml |
117-s-2707 | II 117th CONGRESS 1st Session S. 2707 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Hoeven (for himself and Mr. Tester ) 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 improve a program that provides livestock disaster assistance, and for other purposes
1. Short title This Act may be cited as the Livestock Disaster Relief Act . 2. Supplemental agricultural disaster assistance (a) Definitions Section 1501(a)(4)(A) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(a)(4)(A) ) is amended by inserting and unweaned cattle after dairy cattle . (b) Livestock forage disaster program Section 1501(c)(3) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(c)(3) ) is amended— (1) in subparagraph (C)(iii)(I)— (A) in item (aa), by striking or at the end; (B) in item (bb), by striking by at the end and inserting or ; and (C) by adding at the end the following: (cc) the national average corn price per bushel for the 3-month period immediately preceding that March 1; by ; and (2) in subparagraph (D)(ii)(II)— (A) in item (aa), by striking 3 and inserting 4 ; (B) in item (bb), by striking 4 monthly and inserting 6 monthly ; and (C) in item (cc), by striking an amount equal to and all that follows through the period at the end and inserting the following: “an amount equal to— (AA) in the case of a county with a normal grazing period of not less than 8 months, 8 monthly payments using the monthly payment rate determined under subparagraph (B); or (BB) in the case of a county with a normal grazing period of less than 8 months, 1 monthly payment for each month of the normal grazing period for that county, using the monthly payment rate determined under that subparagraph. . (c) Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Section 1501(d) of the Agricultural Act of 2014 ( 7 U.S.C. 9081(d) ) is amended— (1) in paragraph (1)— (A) by inserting (including drought) after adverse weather ; and (B) by striking , that are not covered under subsection (b) or (c) ; and (2) in paragraph (2), by inserting (including transportation costs) after shortages . | https://www.govinfo.gov/content/pkg/BILLS-117s2707is/xml/BILLS-117s2707is.xml |
117-s-2708 | II 117th CONGRESS 1st Session S. 2708 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for greater consultation between the Federal Government and the governing bodies and community users of land grant-mercedes in New Mexico, to provide for a process for recognition of the historic-traditional uses of land grant-mercedes, and for other purposes.
1. Short title This Act may be cited as the Land Grant-Mercedes Traditional Use Recognition and Consultation Act . 2. Definitions In this Act: (1) Community user The term community user means an heir (as defined under the laws of the State) of a qualified land grant-merced. (2) Governing body The term governing body means the board of trustees authorized under State law with the control, care, and management of a qualified land grant-merced. (3) Historical-traditional use The term historical-traditional use means, for a qualified land grant-merced, for noncommercial benefit— (A) the use of water; (B) religious or cultural use and protection; (C) gathering herbs; (D) gathering wood products; (E) gathering flora or botanical products; (F) grazing, to the extent that grazing has traditionally been carried out on the land, as determined by the Secretary concerned in consultation with the governing body of the affected land grant-merced; (G) hunting or fishing; (H) soil or rock gathering; and (I) any other traditional activity for noncommercial benefit that— (i) has a sustainable beneficial community use, as determined by the Secretary concerned in consultation with the governing body of the affected land grant-merced; (ii) supports the long-term cultural and socioeconomic integrity of the community, as determined by the Secretary concerned in consultation with the governing body of the affected land grant-merced; and (iii) is agreed to in writing by the Secretary concerned and the governing body of the qualified land grant-merced. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Qualified land grant-merced The term qualified land grant-merced means a community land grant issued under the laws or customs of the Government of Spain or Mexico that— (A) is recognized under New Mexico Statutes Chapter 49 (or a successor statute); and (B) has a historic or cultural record of use of lands under the jurisdiction of a Secretary concerned or their original or patented exterior boundaries are located adjacent to land under the jurisdiction of a Secretary concerned. (6) Secretary concerned The term Secretary concerned means the relevant Secretary of the Department of Agriculture or the Department of the Interior, with respect to land under the jurisdiction of that Secretary. (7) State The term State means the State of New Mexico. 3. Guidance on permit requirements for qualified land grant-mercedes (a) In general In accordance with all relevant laws, including subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act ) and all applicable environmental laws, and not later than 2 years after the date of the enactment of this Act, the Secretary concerned, acting through the appropriate officials of the Department of Agriculture and Department of the Interior in the State, in consultation with the New Mexico Land Grant Council, the governing bodies of qualified land grant-mercedes, and Indian Tribes, shall issue the written guidance described in subsection (b). (b) Contents of guidance (1) In general Written guidance issued under subsection (a) shall include— (A) a description of the historical-traditional uses that— (i) a community user or a governing body of a qualified land grant-merced may conduct for noncommercial use on land under the jurisdiction of the Secretary concerned; and (ii) require a permit from the Secretary concerned; (B) administrative procedures for obtaining a permit under subparagraph (A); (C) subject to subsection (c), the fees required to obtain that permit; (D) the permissible use of motorized and nonmotorized vehicles and equipment by a community user or the governing body of a qualified land grant-merced for noncommercial historical-traditional use on land under the jurisdiction of the Secretary concerned; (E) the permissible use of mechanized vehicles or equipment by a community user or governing body of a qualified land grant-merced for historical-traditional use on land under the jurisdiction of the Secretary concerned; and (F) the permissible use of non-native material by a community user or the governing body of a qualified land grant-merced for any of the uses covered in paragraphs (2) and (3) on land under the jurisdiction of the Secretary concerned. (2) Routine maintenance and minor improvements Written guidance issued under subsection (a) shall address routine maintenance and minor improvements of infrastructure owned or used by a qualified land grant-merced on land under the jurisdiction of the Secretary concerned, including— (A) cleaning, repair, or replacement-in-kind of infrastructure; (B) maintenance and upkeep of a trail, road, cattle guard, culvert, or fence; (C) maintenance and upkeep of a monument or shrine; (D) maintenance and upkeep of a community cemetery; (E) maintenance and upkeep of a livestock well, water lines, water storage container, or water tank; and (F) any other routine maintenance or minor improvement associated with historical-traditional uses identified by any of the entities described in subsection (a) in the process of developing the guidance. (3) Major improvements Written guidance issued under subsection (a) may describe the process for managing major improvements of infrastructure owned or used by a qualified land grant-merced on land under the jurisdiction of the Secretary concerned, including— (A) construction or expansion of a community water or wastewater system; (B) construction or major repair of a livestock well, water lines, water storage container, or water tank; (C) construction or major repair of a monument or shrine; (D) installation of a cattle guard; (E) construction of a trail, road, or fence; (F) construction or expansion of a cemetery; and (G) any other major improvement associated with historical-traditional uses, as determined by the Secretaries concerned. (4) Notice and comment Written guidance issued under subsection (a) shall set forth the policies and procedures for notice and comment on planning decisions, routine engagement, and major Federal actions that could impact historical-traditional uses of a qualified land grant merced, and methods of providing notice under subsection (a), including— (A) online public notice; (B) printed public notice; (C) mail, including certified mail, and email notifications to governing bodies through a listserv; and (D) mail, including certified mail, and email notifications to the Land Grant Council. (c) Fees for qualified land grant-Mercedes Where the Secretary concerned is authorized to consider the fiscal capacity of the applicant in determining whether to reduce or waive a fee for a permit for historical-traditional uses, the Secretary shall consider— (1) the socioeconomic conditions of community users; and (2) the annual operating budgets of governing bodies of qualified land grant-mercedes. 4. Consideration of historical-traditional use in land management planning In developing, maintaining, and revising land management plans pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) and section 6 of the National Forest Management Act ( 16 U.S.C. 1604 ), as applicable, the Secretary concerned shall, in accordance with applicable law, consider and, as appropriate, provide for and evaluate impacts to historical-traditional uses by qualified land grants-mercedes. 5. Savings Nothing in this Act shall be construed— (1) to impact the State’s authority to regulate water rights, in conformance with all State and Federal laws and regulations; (2) to impact the State’s authority to regulate the management of game and fish, in conformance with all State and Federal laws and regulations; (3) to impact any valid existing rights or valid permitted uses, including grazing permits; (4) to create any implicit or explicit right to grazing on Federal lands; or (5) to alter or diminish any rights reserved for an Indian Tribe or members of an Indian Tribe by treaty or Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s2708is/xml/BILLS-117s2708is.xml |
117-s-2709 | II 117th CONGRESS 1st Session S. 2709 IN THE SENATE OF THE UNITED STATES August 10, 2021 Mr. Cardin (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Consolidated Appropriations Act, 2021 to increase the fiscal year 2021 commitments to guarantee certain business loans of the Small Business Administration.
1. Short title This Act may be cited as the Continuing Access to 504 Capital Act . 2. SBA business loans Title V of division E of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended, under the heading (INCLUDING TRANSFER OF FUNDS) under the heading BUSINESS LOANS PROGRAM ACCOUNT under the heading Small Business Administration , in the second proviso, by striking $7,500,000,000 and inserting $8,500,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s2709is/xml/BILLS-117s2709is.xml |
117-s-2710 | II 117th CONGRESS 1st Session S. 2710 IN THE SENATE OF THE UNITED STATES August 11 (legislative day, August 10), 2021 Mr. Blumenthal (for himself, Mrs. Blackburn , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote competition and reduce gatekeeper power in the app economy, increase choice, improve quality, and reduce costs for consumers.
1. Short title This Act may be cited as the Open App Markets Act . 2. Definitions In this Act: (1) App The term App means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device. (2) App store The term App Store means a publicly available website, software application, or other electronic service that distributes Apps from third-party developers to users of a computer, a mobile device, or any other general purpose computing device. (3) Covered company The term Covered Company means any person that owns or controls an App Store for which users in the United States exceed 50,000,000. (4) Developer The term developer means a person that owns or controls an App or an App Store. (5) In-app payment system The term In-App Payment System means an application, service, or user interface to process the payments from users of an App. (6) Non-public business information The term non-public business information means non-public data that is— (A) derived from a developer or an App or App Store owned or controlled by a developer, including interactions between users and the App or App Store of the developer; and (B) collected by a Covered Company in the course of operating an App Store or providing an operating system. 3. Protecting a competitive app market (a) Exclusivity and tying A Covered Company shall not— (1) require developers to use an In-App Payment System owned or controlled by the Covered Company or any of its business partners as a condition of being distributed on an App Store or accessible on an operating system; (2) require as a term of distribution on an App Store that pricing terms or conditions of sale be equal to or more favorable on its App Store than the terms or conditions under another App Store; or (3) take punitive action or otherwise impose less favorable terms and conditions against a developer for using or offering different pricing terms or conditions of sale through another In-App Payment System or on another App Store. (b) Interference with legitimate business communications A Covered Company shall not impose restrictions on communications of developers with the users of the App through an App or direct outreach to a user concerning legitimate business offers, such as pricing terms and product or service offerings. (c) Non-Public business information A Covered Company shall not use non-public business information derived from a third-party App for the purpose of competing with that App. (d) Interoperability A Covered Company that controls the operating system or operating system configuration on which its App Store operates shall allow and provide the readily accessible means for users of that operating system to— (1) choose third-party Apps or App Stores as defaults for categories appropriate to the App or App Store; (2) install third-party Apps or App Stores through means other than its App Store; and (3) hide or delete Apps or App Stores provided or preinstalled by the App Store owner or any of its business partners. (e) Self-Preferencing in search (1) In general A Covered Company shall not provide unequal treatment of Apps in an App Store through unreasonably preferencing or ranking the Apps of the Covered Company or any of its business partners over those of other Apps. (2) Considerations Unreasonably preferencing— (A) includes applying ranking schemes or algorithms that prioritize Apps based on a criterion of ownership interest by the Covered Company or its business partners; and (B) does not include clearly disclosed advertising. (f) Open app development Access to operating system interfaces, development information, and hardware and software features shall be provided to developers on a timely basis and on terms that are equivalent or functionally-equivalent to the terms for access by similar Apps or functions provided by the Covered Company or to its business partners. 4. Protecting the security and privacy of users (a) In general Subject to section (b), a Covered Company shall not be in violation of a subsection of section 3 for an action that is— (1) necessary to achieve user privacy, security, or digital safety; (2) taken to prevent spam or fraud; or (3) taken to prevent a violation of, or comply with, Federal or State law. (b) Requirements Section (a) shall only apply if the Covered Company establishes by clear and convincing evidence that the action described is— (1) applied on a demonstrably consistent basis to Apps of the Covered Company or its business partners and to other Apps; (2) not used as a pretext to exclude, or impose unnecessary or discriminatory terms on, third-party Apps, In-App Payment Systems, or App Stores; and (3) narrowly tailored and could not be achieved through a less discriminatory and technically possible means. 5. Enforcement (a) Enforcement (1) In general The Federal Trade Commission, the Attorney General, and any attorney general of a State subject to the requirements in paragraph (4) shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) or the Clayton Act ( 15 U.S.C. 12 et seq. ), as appropriate, were incorporated into and made a part of this Act. (2) Unfair methods of competition A violation of this Act shall also constitute an unfair method of competition under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 5 ). (3) Federal trade commission independent litigation authority If the Federal Trade Commission has reason to believe that a Covered Company violated this Act, the Federal Trade Commission may commence a civil action, in its own name by any of its attorneys designated by it for such purpose, to recover a civil penalty and seek other appropriate relief in a district court of the United States against the covered platform operator. (4) Parens patriae Any attorney general of a State may bring a civil action in the name of such State for a violation of this Act as parens patriae on behalf of natural persons residing in such State, in any district court of the United States having jurisdiction of the defendant, and may secure any form of relief provided for in this section. (b) Suits by developers injured (1) In general Any developer who shall be injured by reason of anything forbidden in this Act may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this subsection, pursuant to a motion by such developer promptly made, simple interest on actual damages for the period beginning on the date of service of such developer’s pleading setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this subsection for any period is just in the circumstances, the court shall consider only— (A) whether such developer or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith; (B) whether, in the course of the action involved, such developer or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (C) whether such developer or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (2) Injunctive relief Any developer shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. In any action under this paragraph in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff. 6. Rule of construction Nothing in this Act shall be construed to limit any authority of the Attorney General or the Federal Trade Commission under the antitrust laws (as defined in the first section of the Clayton Act ( 15 U.S.C. 12 )), the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), or any other provision of law or to limit the application of any law. 7. Severability If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of the provision held to be unconstitutional to any other person or circumstance, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s2710is/xml/BILLS-117s2710is.xml |
117-s-2711 | II 117th CONGRESS 1st Session S. 2711 IN THE SENATE OF THE UNITED STATES August 11 (legislative day, August 10), 2021 Mr. Lee (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 to provide rules of construction that nothing in those Acts requires the use, teaching, promotion, or recommendation of any academic discipline, program, or activity that holds that the United States is a Nation founded on white supremacy and oppression, or that these forces are at the root of American society.
1. Short title This Act may be cited as the Empowering Local Curriculum Act . 2. Rules of construction on requirements of teaching (a) Higher education Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Rule of construction on requirements of teaching Nothing in this Act shall be construed to require the use, teaching, promotion, or recommendation of any academic discipline, program, or activity that holds the following: (1) The United States is a Nation founded on white supremacy and oppression, or that these forces are at the root of American society. (2) One race or sex is inherently superior to another race or sex. (3) The United States is fundamentally racist or sexist. (4) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously. (5) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex. (6) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex. (7) An individual’s moral character is necessarily determined by his or her race or sex. (8) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex. (9) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex. (10) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. . (b) Elementary and secondary education Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 8549D. Rule of construction on requirements of teaching Nothing in this Act shall be construed to require the use, teaching, promotion, or recommendation of any academic discipline, program, or activity that holds the following: (1) The United States is a Nation founded on white supremacy and oppression, or that these forces are at the root of American society. (2) One race or sex is inherently superior to another race or sex. (3) The United States is fundamentally racist or sexist. (4) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously. (5) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex. (6) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex. (7) An individual’s moral character is necessarily determined by his or her race or sex. (8) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex. (9) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex. (10) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. . | https://www.govinfo.gov/content/pkg/BILLS-117s2711is/xml/BILLS-117s2711is.xml |
117-s-2712 | II 117th CONGRESS 1st Session S. 2712 IN THE SENATE OF THE UNITED STATES August 11 (legislative day, August 10), 2021 Ms. Klobuchar (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize appropriations for planning for United States participation in the 2025 World Expo in Osaka, Japan.
1. Authorization of appropriations for planning for United States participation in the 2025 World Expo Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), there is authorized to be appropriated for planning for United States participation in the 2025 World Expo in Osaka, Japan, $2,000,000 for fiscal year 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2712is/xml/BILLS-117s2712is.xml |
117-s-2713 | II 117th CONGRESS 1st Session S. 2713 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Casey (for himself, Mr. Brown , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require that any trade agreement subject to expedited procedures under that Act contain certain requirements relating to the origination of goods in nonmarket economy countries.
1. Short title This Act may be cited as the Market Economy Sourcing Act . 2. Limitation on trade authorities procedures relating to requirements on content of goods from nonmarket economy countries Section 106(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4205(b) ) is amended by adding at the end the following: (7) Limitations on procedures relating to origination of content of goods from nonmarket economy countries (A) In general The trade authorities procedures shall not apply to an implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 103(b) unless the rules of origin requirements under such agreement or agreements— (i) with respect to rules of origin based on value content of a good, require that, of the content of a good qualifying for preferential treatment under the agreement or agreements that does not originate (as specified in those rules) in a country that is party to the agreement or agreements— (I) during the 5-year period following the entry into force of the agreement or agreements, not more than 20 percent of that content may originate in a nonmarket economy country; and (II) after the period specified in subclause (I), not more than 10 percent of that content may originate in a nonmarket economy country; and (ii) with respect to rules of origin that are not based on value content of a good, are consistent with the requirements under clause (i) based on processing requirements or tariff shifts as opposed to value content. (B) Nonmarket economy country defined In this paragraph, the term nonmarket economy country has the meaning given that term in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s2713is/xml/BILLS-117s2713is.xml |
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