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117-s-2914 | II 117th CONGRESS 1st Session S. 2914 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Durbin (for himself, Mr. Grassley , Mr. Booker , Mr. Lee , Mr. Paul , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the First Step Act of 2018 to permit defendants convicted of certain offenses to be eligible for reduced sentences, and for other purposes.
1. Short title This Act may be cited as the Terry Technical Correction Act . 2. Findings; purpose (a) Findings Congress finds that on June 14, 2021, the Supreme Court of the United States decided the case of Terry v. United States, 141 S. Ct. 1858 (2021), holding that crack offenders who did not trigger a mandatory minimum do not qualify for the retroactivity provisions of section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 note). (b) Purpose The purpose of this Act is to clarify that the retroactivity provisions of section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 note) are available to those offenders who were sentenced for a crack-cocaine offense before the Fair Sentencing Act of 2010 ( Public Law 111–220 ) became effective, including individuals with low-level crack offenses sentenced under section 401(b)(1)(C) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(C) ). 3. Application of Fair Sentencing Act of 2010 Section 404 of the First Step Act of 2018 ( 21 U.S.C. 841 note) is amended— (1) in subsection (a)— (A) by striking offense means and inserting the following: offense — (1) means ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) includes a violation, involving cocaine base, of— (A) section 3113 of title 5, United States Code; (B) section 401(b)(1)(C) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1)(C) ); (C) section 404(a) of the Controlled Substances Act ( 21 U.S.C. 844(a) ); (D) section 406 of the Controlled Substances Act ( 21 U.S.C. 846 ); (E) section 408 of the Controlled Substances Act ( 21 U.S.C. 848 ); (F) subsection (b) or (c) of section 409 of the Controlled Substances Act ( 21 U.S.C. 849 ); (G) subsection (a) or (b) of section 418 of the Controlled Substances Act ( 21 U.S.C. 859 ); (H) subsection (a), (b), or (c) of section 419 of the Controlled Substances Act ( 21 U.S.C. 860 ); (I) section 420 of the Controlled Substances Act ( 21 U.S.C. 861 ); (J) section 1010(b)(3) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(3) ); (K) section 1010A of the Controlled Substances Import and Export Act ( 21 U.S.C. 960a ); (L) section 90103 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12522 ); (M) section 70503 or 70506 of title 46, United States Code; or (N) any attempt, conspiracy or solicitation to commit an offense described in subparagraphs (A) through (M). ; and (2) in subsection (c), by inserting A motion under this section that was denied after a court determination that a violation described in subsection (a)(2) was not a covered offense shall not be considered a denial after a complete review of the motion on the merits within the meaning of this section. after the period at the end of the second sentence. | https://www.govinfo.gov/content/pkg/BILLS-117s2914is/xml/BILLS-117s2914is.xml |
117-s-2915 | II 117th CONGRESS 1st Session S. 2915 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To allow National Flood Insurance Program policyholders who leave the program to purchase a private insurance flood policy to return to the National Flood Insurance Program without penalty, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Consumer Choice Act of 2021 . 2. Effect of private flood insurance coverage on continuous coverage requirements Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ), is amended by adding at the end the following: (n) Effect of private flood insurance coverage on continuous coverage requirements For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by a flood insurance policy through the private market that was used to satisfy the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) ) to be a period of continuous coverage. . | https://www.govinfo.gov/content/pkg/BILLS-117s2915is/xml/BILLS-117s2915is.xml |
117-s-2916 | II 117th CONGRESS 1st Session S. 2916 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Scott of Florida 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 require that certain information is made publicly available, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Transparency Act of 2021 . 2. Public availability of program information Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ) is amended by adding at the end the following: 1349. Public availability of program information (a) Definitions In this section— (1) the term loss ratio means, with respect to the national flood insurance program in a fiscal year, the ratio of the amount of claims paid under that program during that fiscal year to the amount of premiums paid under that program during that fiscal year; and (2) the term multiple-loss property means— (A) a repetitive loss structure; or (B) a severe repetitive loss structure, as that term is defined in section 1366(h). (b) Flood risk information (1) In general To facilitate the national flood insurance program becoming a source of information and data for research and development of technology that better understands flooding, the risk of flooding, and the predictability of the perils of flooding, the Administrator shall make publicly available all data, models, assessments, analytical tools, and other information in the possession of the Administrator relating to that program under this title that is used in assessing flood risk or identifying and establishing flood elevations and premiums, including— (A) data relating to risk on individual properties, loss ratio information, and other information identifying losses under that program; (B) current and historical policy information, limited to the amount and term only, for properties covered by flood insurance under the national flood insurance program (as of the date on which the information is made available) and for properties that are no longer covered by flood insurance under the national flood insurance program (as of the date on which the information is made available); (C) current and historical claims information, limited to the date and amount paid only, for properties covered by flood insurance under the national flood insurance program (as of the date on which the information is made available) and for properties that are no longer covered by flood insurance under the national flood insurance program (as of the date on which the information is made available); (D) identification of whether a property was constructed before or after the effective date of the first flood insurance rate map for the community in which that property is located; (E) identification of properties that have been mitigated through elevation, a buyout, or any other mitigation action; and (F) identification of multiple-loss properties with respect to which mitigation measures have not been undertaken. (2) Open source data system In carrying out paragraph (1), the Administrator shall establish an open source data system by which all information required to be made publicly available by that paragraph may be accessed by the public on an immediate basis by electronic means. (c) Community information Not later than 1 year after the date of enactment of this section, the Administrator shall establish and maintain a publicly searchable database that provides information about each community participating in the national flood insurance program, which shall include the following information: (1) The status of the compliance by that community with the requirements of that program, including any findings of noncompliance, the status of any enforcement actions initiated by a State or by the Administrator, and the number of days of any such continuing noncompliance. (2) The number of properties located in areas having special flood hazards in the community that were built before the effective date of the first flood insurance rate map for the community. (3) The number of properties located in areas having special flood hazards in the community that were built after the effective date of the first flood insurance rate map for the community. (4) The total number of current and historical claims located outside areas having special flood hazards in the community. (5) The total number of multiple-loss properties in the community. (6) The portion of the community, stated as a percentage and in terms of square miles, that is located within areas having special flood hazards. (d) Identification of properties The information provided pursuant to subsections (b) and (c) shall— (1) be based on data that identifies properties at the zip code or census block level; and (2) with respect to a property, include the name of the community and State in which the property is located. (e) Protection of personally identifiable information The information provided pursuant to subsections (b) and (c) shall be disclosed in a format that does not reveal individually identifiable information about property owners in accordance with section 552a of title 5, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s2916is/xml/BILLS-117s2916is.xml |
117-s-2917 | II 117th CONGRESS 1st Session S. 2917 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a Federal tort against social media companies that cause bodily injury to children or harm the mental health of children.
1. Short title This Act may be cited as the Federal Big Tech Tort Act . 2. Federal tort for social media harm to children (a) Definitions In this section— (1) the term covered interactive computer service means an interactive computer service— (A) provided through a website, online application, or mobile application (including a single interactive computer service that is provided through more than one such website or application); (B) through which information provided by another information content provider is distributed; (C) that enables an individual user to create an account for the purpose of viewing, generating, or modifying content that can be viewed, shared, or otherwise interacted with by other third-party users of the interactive computer service; and (D) that does not have peer-to-peer messaging as its principal function; (2) the term interactive computer service has the meaning given the term in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ); and (3) the term social media company — (A) means a company that provides, in or affecting interstate or foreign commerce, a covered interactive computer service; and (B) does not include an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (b) Liability A social media company shall be liable in accordance with this section to any individual who suffers bodily injury or harm to mental health that is attributable, in whole or in part, to the individual's use of a covered interactive computer service provided by the social media company when the individual was less than 16 years of age. (c) Private right of action An individual who suffers bodily injury or harm to mental health that is attributable, in whole or in part, to the individual's use of a covered interactive computer service provided by a social media company as described in subsection (b) may bring a civil action against the social media company in an appropriate district court of the United States or a State court of competent jurisdiction for— (1) compensatory damages in an amount equal to the greater of— (A) the amount obtained by— (i) for each year in which the individual suffered such injury or harm attributable, in whole or in part, to such use, dividing— (I) the annual revenue of the social media company in the United States during that year, by (II) the number of active users of the covered interactive computer service during the month that had the fewest such users during that year; and (ii) adding together the amounts calculated under clause (i) for each year in which the individual suffered such injury or harm attributable, in whole or in part, to such use; or (B) actual damages; (2) punitive damages; and (3) attorney's fees and costs. (d) Affirmative defense It shall be an affirmative defense to an action brought by or on behalf of a user of a covered interactive computer service provided by a social media company under subsection (c) that the social media company, at all relevant times— (1) took reasonable, affirmative steps to ascertain the age of each user of the covered interactive computer service; and (2) did not know and had no reason to know that the user in question was less than 16 years of age when the user used the interactive computer service. (e) Effective date; applicability This Act— (1) shall take effect on the date that is 180 days after the date of enactment of this Act; and (2) shall not apply to any use of a covered interactive computer service that took place before the effective date under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s2917is/xml/BILLS-117s2917is.xml |
117-s-2918 | II 117th CONGRESS 1st Session S. 2918 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Markey (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To keep children safe and protect their interests on the internet, and for other purposes.
1. Short title This Act may be cited as the Kids Internet Design and Safety Act or the KIDS Act . 2. Findings Congress finds the following: (1) Children increasingly consume digital entertainment on the internet and are uniquely susceptible to manipulation online, given their lack of important neurological and psychological capabilities which are developed later in adulthood. (2) Today’s digital media environment, which is constantly evolving and now includes high-tech experiences, such as augmented reality and virtual reality, is largely designed in non-transparent ways to ensure children interact with content that reflect the interests and goals of content producers, online platforms, and marketers. (3) Artificial intelligence, machine learning, and other complex systems are used to make continuous decisions about how online content for children can be personalized to increase engagement. (4) Online companies gather, analyze, and use data for behavioral marketing directed at children. (5) Companies employ sophisticated strategies, including neuromarketing, to affect consumer behavior and manipulate online users’ decision making. (6) Branded content in various forms of multimedia, including native advertising and influencer marketing, exposes children to marketing that is inherently manipulative or purposely disguised as entertainment or other information. 3. Definitions (a) In general In this Act: (1) Algorithmic process The term algorithmic process means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner that a set of information is provided to a user of an online platform, including the provision of commercial content, the display of social media posts, or any other method of automated decision making, content selection, content recommendation, or content amplification. (2) Commission The term Commission means the Federal Trade Commission. (3) Constructive knowledge (A) In general The term constructive knowledge means, for purposes of section 4, with respect to knowledge that a user of an online platform is a covered user, knowledge that is imputed to the operator of the online platform if— (i) the operator directly or indirectly collects, uses, profiles, buys, sells, classifies, or analyzes (using an algorithmic process or other form of data analytics) data about the user to estimate, identify, or classify the age, age range, or proxy thereof; (ii) the operator has or receives data or reporting related to the age of the user on the online platform under the self-regulatory guidelines described in section 1304 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) that documents risks and controls, including the existence of operator-controlled data analytics and content analytics capabilities and functions or outputs; (iii) the operator has or receives complaints from parents or other third parties about the age of the user, whether through the operator's complaint mechanism, by email, or other means conveniently accessible by such parents or third parties; (iv) the operator has or receives data or reporting or information from the operator’s internal communications, including documentation about its advertising practices, such as an advertisement insertion order, or other promotional material to marketers, that indicates that data is being collected from the user because the user is within a particular age range; or (v) the operator knows that— (I) a provider of content on the platform communicates to an advertising network that the content is intended for users of a particular age range or likely to appeal to users of a particular age range, whether directly or indirectly; and (II) the user is shown that content. (B) Additional factors The Commission may issue guidance or promulgate rules in accordance with section 553 of title 5, United States Code, that indicate factors, in addition to those described in subparagraph (A), that should be considered to be constructive knowledge for purposes of this Act. (4) Covered user The term covered user means an individual under the age of 16. (5) Directed to children The term directed to children means the targeting of covered users by an online platform or portion of an online platform, as demonstrated by, with respect to such platform or portion of a platform— (A) its subject matter; (B) its visual content; (C) the use of animated characters or child-oriented activities for children and related incentives; (D) music or other audio content; (E) the age of models used; (F) the presence of— (i) child celebrities; or (ii) celebrities who appeal to covered users; (G) the language used; (H) advertising content used on, or used to advertise, such platform; or (I) reliable empirical evidence relating to— (i) the composition of the audience of such platform; and (ii) the intended audience of such platform. (6) Host-selling The term host-selling refers to commercial video content that features the same characters or individuals as in the adjacent noncommercial content. (7) Influencer marketing The term influencer marketing means a tactic by which a company compensates individuals who are deemed to have the potential to review, promote, or sell a product or service online to an intended target audience. (8) Online platform The term online platform means any public-facing website, online service, online application, or mobile application which is operated for commercial purposes. (9) Operator The term operator means any person who, for commercial purposes, in interstate or foreign commerce, operates or provides an online platform. (10) Person The term person means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity. 4. Regulation of acts and practices on child-directed platforms (a) Prohibition on certain interface elements (1) In general (A) Prohibition It is unlawful for an operator to operate or provide— (i) an online platform or a portion of an online platform directed to children that incorporates an interface element described in subparagraph (B); and (ii) any online platform that employs an interface element described in subparagraph (B) with respect to a user if the operator has actual or constructive knowledge that the user is a covered user. (B) Interface elements described The interface elements described in this subparagraph are the following: (i) Any auto-play setting that, without input from the covered user, commences additional video content directly following the video content initially selected by the user. (ii) Messages or alerts that encourage a covered user who is not actively using the platform to engage with the platform. (iii) Displaying the quantity of positive engagement or feedback that a covered user has received from other users. (iv) Any interface element or setting that unfairly encourages a covered user, due to their age or inexperience, to share personal information, submit content, or spend more time engaging with the platform. (v) Any interface element that provides a covered user with badges or other visual award symbols based on elevated levels of engagement with the platform. (vi) Any interface element that maximizes a covered user’s spending on the platform, unfairly encourages a covered user to spend money on the platform, facilitates a financial transaction by a covered user on the platform without notification to the covered user's parent, or facilitates a financial transaction by a covered user on the platform that is not in the interest of the covered user. (2) Rulemaking Not later than 1 year after the date of enactment of this Act and not less frequently than every 5 years thereafter, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that establish any additions or exceptions to the prohibitions under paragraph (1). The Commission may only establish such an exception on the basis that the exception is necessary to provide essential functionality for an online platform and is consistent with the best interests of covered users. (b) Prohibition on amplification of certain content; user reporting mechanism (1) In general It shall be unlawful for an operator to operate or provide— (A) an online platform or portion of an online platform directed to children that employs an algorithmic process described in paragraph (2) on the platform; (B) any online platform that employs an algorithmic process described in paragraph (2) with respect to a user of the platform if the operator of the platform has actual or constructive knowledge that the user is a covered user; and (C) an online platform that does not include a mechanism for users or other third parties to report suspected violations of any requirement of this paragraph. (2) Algorithmic process described An algorithmic process described in this paragraph is an algorithmic process that amplifies, promotes, or encourages covered users' consumption of videos and other forms of content that— (A) are of a non-educational nature (as determined by the Commission); and (B) involve— (i) sexual material; (ii) promotion of physical or emotional violence or activities that can reasonably be assumed to result in physical or emotional harm, including self-harm, use of weapons, and bullying; (iii) activities that are unlawful for covered users to engage in or the promotion of such activities; or (iv) wholly commercial content that is not reasonably recognizable as such to a covered user. (c) Prohibition on certain advertising methods (1) In general It shall be unlawful for an online operator to operate or provide— (A) an online platform or portion of an online platform directed to children that employs an algorithmic process to present any of the content described in paragraph (2) to users of the platform; and (B) any online platform that employs an algorithmic process to present any of the content described in paragraph (2) to a covered user if the operator of the platform has actual or constructive knowledge that the user is a covered user. (2) Content described The content described in this paragraph is the following: (A) Content that includes host-selling. (B) Program-length advertisements. (C) Influencer marketing. (D) Online advertising or material with considerable commercial content involving alcohol, nicotine, or tobacco. (E) Online advertising or material with considerable commercial content with any imbedded interactive elements that take advantage of covered users' inexperience or credulity in noncommercial child-directed content. (F) Content that includes product placement. (3) Program-length advertisement For purposes of this subsection, the term program-length advertisement shall be defined by the Commission through regulation or other public guidance. (d) Prohibition on use of personal information It shall be unlawful for an online platform to use age verification information collected from a covered user for any commercial purpose if— (1) the online platform is directed to children; or (2) the operator of the online platform has constructive knowledge that the user is a covered user. (e) Requirement To distinguish commercial content from noncommercial content The Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to require any online platform or portion of an online platform that is directed to children, or with respect to which the operator of the platform or portion of the platform has constructive knowledge that covered users use the platform or portion of the platform, to incorporate online visual elements or other indicators that distinguish commercial content from noncommercial content. (f) Rulemaking The Commission shall promulgate, in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. (g) Effective date The requirements of this section shall apply to online platforms beginning on the date that is 1 year after the date of enactment of this Act. 5. Online content labeling (a) Content labeling system report Not later than the date that is 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report— (1) containing recommendations for a labeling system to allow covered users and parents to identify noncommercial, educational, and enriching content for covered users online; and (2) addressing considerations regarding how such labeling system should— (A) analyze content based on evidence-based criteria; (B) employ an easy-to-understand visual cue for parents to identify content described in paragraph (1); (C) receive regular review to determine its effectiveness; and (D) include a mechanism for users to report to the Commission complaints of mislabeled content and for the Commission to remedy such instances of mislabeled content. (b) Consultation The report described in subsection (a) shall be developed by the Commission in consultation with an advisory board, to be created and convened by the Commission, which is comprised of experts in child development, child health, education, and media. 6. Transparency and auditing (a) Transparency The Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, requiring an operator of an online platform which is directed to children to publish and maintain a publicly accessible digital record of the viewable or playable content of each such platform. Such regulations shall require the operator to ensure that such record does not include personal information (as defined in section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 )) or, as appropriate, user-generated content. (b) Annual platform audits The regulations promulgated pursuant to subsection (a) shall include the establishment of an annual audit process, to be conducted by the Commission during the 5-year period subsequent to the date of enactment of this Act, for each of the 25 online platforms directed to children with the highest total number of covered users, to evaluate the level of compliance by each such platform with the requirements under this Act. (c) Report The Commission shall submit annual reports to Congress based on the audits described in subsection (b) that— (1) describe the level of compliance by the platforms described in such subsection with the requirements under this Act; and (2) provide recommendations for such legislation and administrative actions as the Commission determines appropriate based on the audit findings. 7. Grant program (a) Establishment (1) In general The Secretary of Commerce (in this section referred to as the Secretary ) shall make grants to eligible persons to foster the creation and promotion of advertisement-free and educational online content (such as videos and applications) for covered users. (2) Eligible person For purposes of this section, the term eligible person means a person that has submitted an application, as approved by the Secretary pursuant to the eligibility requirements developed under subsection (b), for the creation and promotion of advertisement-free and educational online content for covered users. (b) Advisory council The Secretary shall establish and convene an Advisory Council on Children’s Online Content, which shall be— (1) comprised of experts in education, child development, psychology, online media, and other related disciplines; and (2) tasked with developing evidence-based criteria for grant eligibility and grant distribution. (c) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated— (A) for fiscal year 2022, $4,000,000; (B) for fiscal year 2023, $8,000,000; (C) for fiscal year 2024, $10,000,000; and (D) for fiscal year 2025, $12,000,000. (2) Availability of funds Any amount appropriated under this subsection for any fiscal year shall remain available for the purposes of carrying out any application approved during such fiscal year for an additional period of 1 year after the end of such fiscal year. 8. Federal Trade Commission study Not later than 1 year after the date of enactment of this Act, the Commission shall conduct and publish a study, using any compulsory processes available to the Commission as necessary, relying on public data and information if available and sufficient, and incorporating public comment, on harms resulting from interface elements and advertising methods on online platforms that are directed to children (and best practices for avoiding such harms), including the following: (1) The use of algorithmic processes and any other automated systems used for non-commercial content recommendation or amplification on platforms that are directed to covered users. (2) The effect of algorithmic processes and any other automated systems used for non-commercial content recommendation or amplification on platforms that are directed to covered users. 9. Administration and enforcement (a) In general This Act shall be enforced by the Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (b) Actions by Commission (1) In general The Commission shall prevent any person from violating this Act or any regulation promulgated by the Commission under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (2) Penalties and privileges Any person that violates this Act or any regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Civil penalty A violation of this Act, or a regulation promulgated under this Act, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (d) Enforcement by States (1) In general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a violation of this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of Commission (A) Notice to Commission (i) In general Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general intends to bring such civil action. (ii) Contents The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (e) Effect on other laws (1) Authority of the Commission Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provisions of law. (2) Relation to State law Nothing in this Act may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2918is/xml/BILLS-117s2918is.xml |
117-s-2919 | II 117th CONGRESS 1st Session S. 2919 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Heinrich (for himself, Mr. Luján , Mr. Padilla , Ms. Smith , Ms. Warren , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To designate Indigenous Peoples’ Day as a legal public holiday and replace the term Columbus Day with the term Indigenous Peoples’ Day , and for other purposes.
1. Short title This Act may be cited as the Indigenous Peoples' Day Act . 2. Indigenous Peoples' day as a legal public holiday Section 6103(a) of title 5, United States Code, is amended by striking the item relating to Columbus Day and inserting the following: Indigenous Peoples' Day, the second Monday in October. . 3. Term Columbus Day replaced Any reference to Columbus Day in any law, rule, regulation, or other official paper in effect as of the date of the enactment of this Act shall be deemed to be a reference to Indigenous Peoples' Day . | https://www.govinfo.gov/content/pkg/BILLS-117s2919is/xml/BILLS-117s2919is.xml |
117-s-2920 | II 117th CONGRESS 1st Session S. 2920 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Warnock (for himself, Mr. Brown , Mr. Kaine , Mr. Van Hollen , Ms. Warren , 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 provide downpayment assistance to first-generation homebuyers to address multigenerational inequities in access to homeownership and to narrow and ultimately close the racial homeownership gap in the United States, and for other purposes.
1. Short title This Act may be cited as the Downpayment Toward Equity Act of 2021 . 2. First-generation downpayment assistance downpayment program (a) Establishment The Secretary of Housing and Urban Development shall carry out a program under this Act to provide grants to States and eligible entities to provide financial assistance under this Act to first-generation homebuyers to assist them with acquiring owner-occupied primary residences. (b) Allocation After reserving amounts as required under sections 6(d) and 8(b), any remaining amounts made available to carry out this Act shall be allocated as follows: (1) States Seventy-five percent of such amounts shall be allocated among States in accordance with a formula established by the Secretary, which shall take into consideration— (A) adult population size (excluding existing homeowners); (B) median area home prices; and (C) racial disparities in homeownership rates. (2) Eligible entities Twenty-five percent of such amounts shall be made available only to eligible entities on a competitive basis. (c) Assistance Amounts from a grant under this Act shall be used only to provide assistance— (1) on behalf of a qualified homebuyer; and (2) for— (A) costs in connection with the acquisition, involving an eligible mortgage loan, of an eligible home, including downpayment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage loans; (B) subsidies to make shared equity homes affordable to eligible homebuyers by discounting the price for which the home will be sold and to preserve the home's affordability for subsequent eligible buyers; and (C) pre-occupancy home modifications required to accommodate qualified homebuyers or members of their household with disabilities. (d) Amount A grant of assistance under this Act— (1) may be provided on behalf of any qualified homebuyer only once; and (2) may not exceed $20,000, or $25,000 in the case of a qualified homebuyer who is a socially and economically disadvantaged individual, except that the Secretary may increase such maximum limitation amounts in the case of qualified homebuyers acquiring residences located in high-cost areas, as determined based on median home prices or prices of residences under a shared equity homeownership program. (e) Layering of assistance Assistance from grant amounts under this Act may be provided on behalf of a qualified homebuyer who is receiving assistance from other sources, including other State, Federal, local, private, public, and nonprofit sources, for acquisition of an eligible home. (f) State administration (1) In general The Secretary shall require that each State receiving grant amounts under this Act administer the program to provide assistance with such amounts through the State housing finance agency for the State or such other housing agency of the State as the Secretary finds appropriate, except that any such agency may, at the option of the agency, contract with a nonprofit entity, including a housing counseling agency approved by the Secretary, to administer such assistance. (2) Affirmatively furthering fair housing For a State to be eligible for a grant under this Act, the State shall be in compliance with the Secretary’s regulations implementing the requirement under section 808(e)(5) of the Fair Housing Act ( 42 U.S.C. 3608(e)(5) ) to affirmatively further fair housing. (3) Prohibition of priority In selecting qualified homebuyers for assistance with grant amounts under this Act, a State or eligible entity may not provide any priority or preference for homebuyers who are acquiring eligible homes with a mortgage loan made, insured, guaranteed, or otherwise assisted by the State housing finance agency for the State, any other housing agency of the State, or an eligible entity when applicable. (g) Reallocation of State amounts The Secretary shall reallocate any grant funds under this Act allocated for a fiscal year that remain unused at the end of such fiscal year among States and eligible entities that demonstrate to the Secretary the capacity to expend such amounts and that are satisfactorily meeting the goals of the program under this Act, as determined by the Secretary. (h) Uniformity and program standardization The Secretary shall establish a uniform set of requirements to which each State and eligible entity receiving grant amounts under this Act shall comply. 3. Qualified homebuyers (a) Requirements Assistance from grant amounts under this Act may be provided only on behalf of a homebuyer who meets all of the following requirements: (1) Income The household of the homebuyer has an income that does not exceed— (A) 120 percent of median income for the area (as determined by the Secretary) within which— (i) the eligible home to be acquired using such assistance is located; or (ii) the place of residence of the homebuyer is located; or (B) in the case of a homebuyer acquiring an eligible home that is located in a high-cost area, as determined by the Secretary, 180 percent of the median income for the area within which the eligible home to be acquired using such assistance is located. (2) First-time homebuyer The homebuyer, as self-attested by the homebuyer, is a first-time homebuyer, as such term is defined in section 92.2 of the Secretary’s regulations (24 C.F.R. 92.2), except that for purposes of this subsection the reference in such section 92.2 to the American Dream Downpayment Initiative shall be considered to refer to the program under this Act. (3) First-generation homebuyer The homebuyer is, as self-attested by the homebuyer— (A) an individual— (i) whose parents or legal guardians do not have any present residential ownership interest in any State; and (ii) whose spouse, or domestic partner, and each member of whose household has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State; or (B) an individual who has at any time been placed in foster care. (b) Reliance on borrower attestations No creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, for the provision of downpayment assistance under this Act to a borrower who does not meet the eligibility requirements if the creditor does so in good faith reliance on borrower attestations of eligibility required by this Act or regulation. 4. Eligible homes (a) In general Assistance from grant amounts under this Act may be provided only in connection with the acquisition by a qualified homebuyer of a residential property that— (1) consists of 1 to 4 dwelling units; and (2) will be occupied by the qualified homebuyer, in accordance with such assurances and commitments as the Secretary shall require, as the primary residence of the homebuyer, subject to section 3. (b) Repayment of assistance (1) Requirement The Secretary shall require that, if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act fails or ceases to occupy the property acquired using such assistance as the primary residence of the homebuyer, except in the case of assistance provided in connection with the purchase of a primary residence through a shared equity homeownership program, the homebuyer shall repay to the Secretary— (A) 100 percent of the amount of such assistance, if such failure to occupy commences before the expiration of the 12-month period beginning on the date of acquisition; (B) 80 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 12-month period beginning on such date of acquisition but before the expiration of the 24-month period beginning on such date of acquisition; (C) 60 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 24-month period beginning on such date of acquisition but before the expiration of the 36-month period beginning on such date of acquisition; (D) 40 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 36-month period beginning on such date of acquisition but before the expiration of the 48-month period beginning on such date of acquisition; and (E) 20 percent of the amount of such assistance, if such failure to occupy commences after the expiration of the 48-month period beginning on such date of acquisition but before the expiration of the 60-month period beginning on such date of acquisition. (2) Limitation Notwithstanding paragraph (1), if a homebuyer on behalf of whom assistance is provided from grant amounts under this Act experiences an unforeseen hardship, such as death or military deployment, or sells the property acquired with such assistance before the expiration of the 60-month period beginning on such date of acquisition and the capital gains from such sale are less than the amount the homebuyer is required to repay the Secretary under paragraph (1), the homebuyer shall not be liable to the Secretary for repayment of the amount of such shortage. (c) Community land trusts and shared equity homeownership programs If assistance from grant amounts under this Act are provided in connection with an eligible home made available through a community land trust or shared equity homeownership program, such assistance shall remain in the community land trust or shared equity property upon transfer of the property to keep the home affordable to the next eligible community land trust or shared equity homebuyer. 5. Eligible mortgage loans Assistance from grant amounts under this Act may be provided only in connection with the acquisition of an eligible home involving a residential mortgage loan that— (1) meets the underwriting requirements and dollar amount limitations for acquisition by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; (2) is made, insured, or guaranteed under title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ) or title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ); (3) is a qualified mortgage, as such term is defined in section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ); (4) is made, insured, or guaranteed under chapter 37 of title 38, United States Code; or (5) is guaranteed under section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ). 6. Housing counseling requirement (a) In general Except as provided pursuant to section 3, assistance with grant amounts under this Act may not be provided on behalf of a qualified homebuyer unless such homebuyer has completed a program of counseling with respect to the responsibilities and financial management involved in homeownership before entering into a sales purchase agreement or loan application, except as provided under subsection (c), as the Secretary shall require, provided through a counseling agency approved by the Secretary. Such program may be delivered virtually, by telephone, or by any other method the Secretary determines acceptable and shall include providing information on fair housing rights and on the availability of post-purchase housing counseling opportunities and instruction on how to file a fair housing complaint. (b) Alternative requirement The Secretary shall provide that if a qualified homebuyer is unable to complete the requirement under subsection (a) within 30 days due to housing counseling agency capacity issues, a State or eligible entity may allow such qualified homebuyer to complete alternative homebuyer education to fulfill the requirement under subsection (a), including homebuyer education that is provided through an online platform, and such qualified homebuyer shall be made aware of the availability of post-purchase housing counseling opportunities. (c) Referral upon mortgage denial The Secretary shall require that any qualified homebuyer who has completed a counseling program referred to in subsection (a) or alternative requirement pursuant to subsection (b), who receives a commitment for assistance with grant amounts under this Act, and who applies for an eligible mortgage loan for acquisition of an eligible home and is denied such mortgage loan, shall be referred to a counseling agency described in subsection (a) for counseling relating to such denial and for re-qualification. An eligible homebuyer may be re-qualified at least one additional time in a calendar year, or more as determined by the Secretary. (d) Funding Of any amounts appropriated to carry out this Act, the Secretary shall use not less than 5 percent for costs of providing counseling referred to in subsection (a). 7. Administrative costs Of any grant amounts under this Act received by a State or eligible entity, the State or eligible entity may use not more than 5 percent for administrative costs of and training for carrying out the program of the State or eligible entity to provide assistance with such grant amounts. 8. Reports (a) In general For each fiscal year during which the Secretary makes grants under this Act, the Secretary shall submit to the Congress, and make publicly available online in an easily accessible location on the website of the Department of Housing and Urban Development, a report that shall include— (1) demographic information regarding applicants for and recipients of assistance provided pursuant to this Act, including race, ethnicity, and gender; (2) information regarding the types and amount of assistance provided, including downpayment assistance, assistance with closing costs, and assistance to reduce mortgage loan interest rates; and (3) information regarding properties acquired using such assistance, including location, property value, property type, and first mortgage type and investor. All data shall be disaggregated by zip code or census tract level, whichever is most feasible, and demographic information, including race, ethnicity, and gender, and any other data points the Secretary deems appropriate especially to observe equitable outcomes to ensure the program is affirmatively furthering fair housing. (b) Capacity building Of any amounts appropriated to carry out this Act, the Secretary shall use not more than 1 percent to assist States and eligible entities to develop capacity to meet the reporting requirements under subsection (a). The Secretary shall encourage States and eligible entities to consult with community-based and nonprofit organizations that have as their mission to advance fair housing and fair lending. (c) Privacy requirements (1) In general Each State and eligible entity that receives a grant under this Act shall establish data privacy and security requirements for the information described in subsection (a) that— (A) include appropriate measures to ensure that the privacy of the individuals and households is protected; (B) provide that the information, including any personally identifiable information, is collected and used only for the purpose of submitting reports under subsection (a); and (C) provide confidentiality protections for data collected about any individuals who are survivors of intimate partner violence, sexual assault, or stalking. (2) Statistical research (A) In general The Secretary— (i) may provide full and unredacted information provided under subsection (a), including personally identifiable information, for statistical research purposes in accordance with existing law; and (ii) may collect and make available for statistical research, at the census tract level, information collected under paragraph (1). (B) Application of privacy requirements A recipient of information under subparagraph (A) shall establish for such information the data privacy and security requirements described in paragraph (1). 9. Compelling interest study The Secretary and the Attorney General shall survey and compile evidence to determine whether or not there is a sufficient history of discrimination in housing and the appropriate remedy to redress such historic discrimination. The Secretary shall make conclusions and recommendations based on the evidence and provide States and eligible entities granted awards under this Act an opportunity to modify their programs for assistance under this Act according to such recommendations. 10. Definitions For purposes of this Act, the following definitions shall apply: (1) Affirmatively further fair housing The term affirmatively further fair housing has the same meaning as defined by the Secretary to implement section 808(e)(5) of the Fair Housing Act ( 42 U.S.C. 3608(e)(5) ). (2) Community land trust The term community land trust means a nonprofit organization or State or local governments or instrumentalities that— (A) use a ground lease or deed covenant with an affordability period of at least 30 years or more to— (i) make homeownership units affordable to households; and (ii) stipulate a preemptive option to purchase the affordable homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (B) monitor properties to ensure affordability is preserved. (3) Eligible entity The term eligible entity means— (A) a minority depository institution, as such term is defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1463 note); (B) a community development financial institution, as such term is defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ), that is certified by the Secretary of the Treasury and targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations; and (C) any other nonprofit, mission-driven entity that the Secretary finds targets services to minority and low-income populations and provides services in neighborhoods having high concentrations of minority and low-income populations. (4) Eligible home The term eligible home means a residential dwelling, including a unit in a condominium or cooperative project or a manufactured housing unit, that meets the requirements of section 4. (5) Eligible mortgage loan The term eligible mortgage loan means a residential mortgage loan that meets the requirements of section 5. (6) Qualified homebuyer The term qualified homebuyer means a homebuyer who meets the requirements of section 3, and includes homebuyers consisting of multiple individuals, co-purchasers, and multi-member households. (7) Secretary The term Secretary means the Secretary of Housing and Urban Development. (8) Shared equity homeownership program (A) In general The term shared equity homeownership program means affordable homeownership preservation through a resale restriction program administered by a community land trust, other nonprofit organization, or State or local government or instrumentalities. (B) Affordability requirements Any such program under subparagraph (A) shall— (i) provide affordable homeownership opportunities to households; and (ii) utilize a ground lease, deed restriction, subordinate loan, or similar legal mechanism that includes provisions ensuring that the program shall— (I) maintain the homeownership unit as affordable for subsequent very low-, low-, or moderate-income families for an affordability term of at least 30 years after recordation; (II) apply a resale formula that limits the homeowner’s proceeds upon resale; and (III) provide the program administrator or such administrator’s assignee a preemptive option to purchase the homeownership unit from the homeowner at resale. (9) Socially and economically disadvantaged individual The term socially and economically disadvantaged individual means an individual who meets the following requirements: (A) Social disadvantage (i) In general The individual is a member of a socially disadvantaged group, whose members have historically been subjected to racial or ethnic discrimination within the United States because of their identity as members of such group without regard to their individual qualities. (ii) Presumption; rebuttal An individual identifying as Black, Hispanic, Native American, or Asian American, or any combination thereof, shall be presumed to be socially disadvantaged for purposes of clause (i). Such presumption may be rebutted by such individual with credible evidence to the contrary. (iii) Burden of proof An individual who does not identify as described in clause (ii) shall be required to establish individual social disadvantage for purposes of clause (i) by a preponderance of the evidence. (iv) Rules The Secretary may issue regulations as necessary to establish procedures for complying with this subparagraph. (B) Economic disadvantage The individual has an income that meets the requirements under section 3(a). (10) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the tribal government of any Indian tribe, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). 11. Regulations The Secretary shall issue any regulations necessary to implement this Act. 12. Authorization of appropriations There is authorized to be appropriated for grants under this Act $100,000,000,000, and any amounts appropriated pursuant to this section shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2920is/xml/BILLS-117s2920is.xml |
117-s-2921 | II 117th CONGRESS 1st Session S. 2921 IN THE SENATE OF THE UNITED STATES September 30, 2021 Ms. Klobuchar (for herself, Mr. Blumenthal , Mr. Coons , Mrs. Feinstein , Ms. Hirono , Mr. Merkley , Mr. Sanders , Ms. Warren , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To protect our democracy by preventing abuses of presidential power, restoring checks and balances and accountability and transparency in government, and defending elections against foreign interference, and for other purposes.
1. Short title This Act may be cited as the Protecting Our Democracy Act . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into divisions as follows: (1) Division A—Preventing Abuses of Presidential Power. (2) Division B—Restoring Checks and Balances, Accountability, and Transparency. (3) Division C—Defending Elections Against Foreign Interference. (4) Division D—Severability. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. DIVISION A—Preventing Abuses of Presidential Power TITLE I—Abuse of the Pardon Power Prevention Sec. 101. Short title. Sec. 102. Congressional oversight relating to certain pardons. Sec. 103. Bribery in connection with pardons and commutations. Sec. 104. Prohibition on presidential self-pardon. TITLE II—Ensuring No President is Above the Law Sec. 201. Short title. Sec. 202. Tolling of statute of limitations. TITLE III—Enforcement of the Foreign and Domestic Emoluments Clauses of the Constitution Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Prohibition on acceptance of foreign and domestic emoluments. Sec. 304. Civil actions by Congress concerning foreign emoluments. Sec. 305. Disclosures concerning foreign and domestic emoluments. Sec. 306. Enforcement authority of the Director of the Office of Government Ethics. Sec. 307. Jurisdiction of the Office of Special Counsel. DIVISION B—Restoring Checks and Balances, Accountability, and Transparency TITLE IV—Enforcement of congressional subpoenas Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Enforcement of congressional subpoenas. Sec. 404. Compliance with congressional subpoenas. Sec. 405. Rule of construction. TITLE V—Reasserting Congressional Power of the Purse Sec. 500. Short title. Subtitle A—Strengthening Congressional Control and Review To Prevent Impoundment Sec. 501. Strengthening congressional control. Sec. 502. Strengthening congressional review. Sec. 503. Updated authorities for and reporting by the Comptroller General. Sec. 504. Advance congressional notification and litigation. Sec. 505. Penalties for failure to comply with the Impoundment Control Act of 1974. Subtitle B—Strengthening Transparency and Reporting PART 1—Funds Management and Reporting to the Congress Sec. 511. Expired balance reporting in the President’s budget. Sec. 512. Cancelled balance reporting in the President’s budget. Sec. 513. Lapse in appropriations; Reporting in the President’s budget. Sec. 514. Transfer and other repurposing authority reporting in the President’s budget. Sec. 515. Authorizing cancellations in indefinite accounts by appropriation. PART 2—Empowering Congressional Review through Nonpartisan Congressional Agencies and Transparency Initiatives Sec. 521. Requirement to respond to requests for information from the Government Accountability Office for budget and appropriations law decisions. Sec. 522. Reporting requirements for Antideficiency Act violations. Sec. 523. Department of Justice reporting to Congress for Antideficiency Act violations. Sec. 524. Publication of budget or appropriations law opinions of the Department of Justice Office of Legal Counsel. Subtitle C—Strengthening Congressional Role in and Oversight of Emergency Declarations and Designations Sec. 531. Improving checks and balances on the use of the National Emergencies Act. Sec. 532. National Emergencies Act declaration spending reporting in the President’s budget. Sec. 533. Disclosure to Congress of presidential emergency action documents. Sec. 534. Emergency and overseas contingency operations designations by Congress in statute. TITLE VI—Security from Political Interference in Justice Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Communications logs. Sec. 604. Rule of construction. TITLE VII—Protecting Inspector General Independence Subtitle A—Requiring Cause for Removal Sec. 701. Short title. Sec. 702. Amendment. Sec. 703. Removal or transfer requirements. Subtitle B—Inspectors General of Intelligence Community Sec. 711. Independence of Inspectors General of the Intelligence Community. Sec. 712. Authority of Inspectors General of the Intelligence Community to determine matters of urgent concern. Sec. 713. Conforming amendments and coordination with other provisions of law. Subtitle C—Congressional Notification Sec. 721. Short title. Sec. 722. Change in status of Inspector General offices. Sec. 723. Presidential explanation of failure to nominate an Inspector General. TITLE VIII—Protecting Whistleblowers Sec. 801. Short title. Subtitle A—Whistleblower Protection Improvement Sec. 811. Additional whistleblower protections. Sec. 812. Enhancement of whistleblower protections. Sec. 813. Classifying certain furloughs as adverse personnel actions. Sec. 814. Codification of protections for disclosures of censorship related to research, analysis, or technical information. Sec. 815. Title 5 technical and conforming amendments. Subtitle B—Whistleblowers of the Intelligence Community Sec. 821. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints. Sec. 822. Disclosures to Congress. Sec. 823. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. TITLE IX—Accountability for Acting Officials Sec. 901. Short title. Sec. 902. Clarification of Federal Vacancies Reform Act of 1998. TITLE X—Strengthening Hatch Act Enforcement and Penalties Sec. 1001. Short title. Sec. 1002. Strengthening Hatch Act enforcement and penalties against political appointees. TITLE XI—Promoting Efficient Presidential Transitions Sec. 1101. Short title. Sec. 1102. Ascertainment of successful candidates in general elections for purposes of presidential transition. TITLE XII—Presidential and Vice Presidential Tax Transparency Sec. 1201. Presidential and Vice Presidential tax transparency. DIVISION C—Defending Elections Against Foreign Interference TITLE XIII—Reporting Foreign Interference in Elections Sec. 1301. Federal campaign reporting of foreign contacts. Sec. 1302. Federal campaign foreign contact reporting compliance system. Sec. 1303. Criminal penalties. Sec. 1304. Report to congressional intelligence committees. Sec. 1305. Rule of construction. TITLE XIV—Eliminating Foreign Interference in Elections Sec. 1401. Clarification of application of foreign money ban. Sec. 1402. Requiring acknowledgment of foreign money ban by political committees. DIVISION D—Severability TITLE XV—Severability Sec. 1501. Severability. A Preventing Abuses of Presidential Power I Abuse of the Pardon Power Prevention 101. Short title This title may be cited as the Abuse of the Pardon Power Prevention Act . 102. Congressional oversight relating to certain pardons (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (B) if an investigation relates to intelligence or counterintelligence matters, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered offense The term covered offense means— (A) an offense against the United States that arises from an investigation in which the President, or a relative of the President, is a target or subject; (B) an offense under section 102 of the Revised Statutes of the United States ( 2 U.S.C. 192 ); or (C) an offense under section 1001, 1505, 1512, or 1621 of title 18, United States Code, if the offense occurred in relation to a Congressional proceeding or investigation. (3) Pardon The term pardon includes a commutation of sentence. (4) Relative The term relative has the meaning given that term in section 3110 of title 5, United States Code. (b) Submission of information If the President grants an individual a pardon for a covered offense, not later than 30 days after the date of such pardon the Attorney General shall submit to the chairpersons and ranking members of the appropriate congressional committees— (1) all materials obtained or produced by the prosecution team, including the Attorney General and any United States Attorney, and all materials obtained or prepared by any investigative agency of the United States government, relating to the offense for which the individual was so pardoned; and (2) all materials obtained or produced by the Department of Justice in relation to the pardon. (c) Treatment of information Rule 6(e) of the Federal Rules of Criminal Procedure shall not be construed to prohibit the disclosure of information required by subsection (b). 103. Bribery in connection with pardons and commutations Section 201 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , including the President and the Vice President of the United States, after or an officer or employee or person ; and (B) in paragraph (3), by inserting before the period at the end the following: , including any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve ; and (2) in subsection (b)(3), by inserting (including, for purposes of this paragraph, any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve) after corruptly gives, offers, or promises anything of value . 104. Prohibition on presidential self-pardon If the President grants a pardon to himself or herself, the pardon— (1) shall be void and of no effect; and (2) shall not— (A) deprive the courts of jurisdiction; or (B) operate to confer on the President any legal immunity from investigation or prosecution. II Ensuring No President is Above the Law 201. Short title This title may be cited as the No President is Above the Law Act . 202. Tolling of statute of limitations (a) Offenses committed by the president or vice president during or prior to tenure in office Section 3282 of title 18, United States Code, is amended by adding at the end the following: (c) Offenses committed by the president or vice president during or prior to tenure in office In the case of any person serving as President or Vice President of the United States, the duration of that person’s tenure in office shall not be considered for purposes of any statute of limitations applicable to any Federal criminal offense committed by that person (including any offenses committed during any period of time preceding such tenure in office). . (b) Applicability The amendments made by subsection (a) shall apply to any offense committed before the date of enactment of this section, if the statute of limitations applicable to that offense had not run as of such date. III Enforcement of the Foreign and Domestic Emoluments Clauses of the Constitution 301. Short title This title may be cited as the Foreign and Domestic Emoluments Enforcement Act . 302. Definitions In this title: (1) The term emolument means any profit, gain, or advantage that is received directly or indirectly from any government of a foreign country, the Federal Government, or any State or local government, or from any instrumentality thereof, including payments arising from commercial transactions at fair market value. (2) The term person holding any office of profit or trust under the United States includes the President of the United States and the Vice-President of the United States. (3) The term government of a foreign country has the meaning given such term in section 1(e) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(e) ). 303. Prohibition on acceptance of foreign and domestic emoluments (a) Foreign Except as otherwise provided in section 7342 of title 5, United States Code, it shall be unlawful for any person holding an office of profit or trust under the United States to accept from a government of a foreign country, without first obtaining the consent of Congress, any present or emolument, or any office or title. The prohibition under this subsection applies without regard to whether the present, emolument, office, or title is— (1) provided directly or indirectly by that government of a foreign country; or (2) provided to that person or to any private business interest of that person. (b) Domestic It shall be unlawful for the President to accept from the United States, or any of them, any emolument other than the compensation for his or her services as President provided for by Federal law. The prohibition under this subsection applies without regard to whether the emolument is provided directly or indirectly, and without regard to whether the emolument is provided to the President or to any private business interest of the President. 304. Civil actions by Congress concerning foreign emoluments (a) Cause of action The Senate or the House of Representatives may bring a civil action against any person for a violation of subsection (a) of section 303. (b) Special rules In any civil action described in subsection (a), the following rules shall apply: (1) The action shall be filed before the United States District Court for the District of Columbia. (2) The action shall be heard by a three-judge court convened pursuant to section 2284 of title 28, United States Code. It shall be the duty of such court to advance on the docket and to expedite to the greatest possible extent the disposition of any such action. Such 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. (3) It shall be the duty of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal. (c) Remedy If the court determines that a violation of subsection (a) of section 303 has occurred, the court shall issue an order enjoining the course of conduct found to constitute the violation, and such of the following as are appropriate: (1) The disgorgement of the value of any foreign present or emolument. (2) The surrender of the physical present or emolument to the Department of State, which shall, if practicable, dispose of the present or emolument and deposit the proceeds into the United States Treasury. (3) The renunciation of any office or title accepted in violation of such subsection. (4) A prohibition on the use or holding of such an office or title. (5) Such other relief as the court determines appropriate. (d) Use of government funds prohibited No appropriated funds, funds provided from any accounts in the United States Treasury, funds derived from the collection of fees, or any other Government funds shall be used to pay any disgorgement imposed by the court pursuant to this section. 305. Disclosures concerning foreign and domestic emoluments (a) Disclosures Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (9) Any present, emolument, office, or title received from a government of a foreign country, including the source, date, type, and amount or value of each present or emolument accepted on or before the date of filing during the preceding calendar year. (10) Each business interest that is reasonably expected to result in the receipt of any present or emolument from a government of a foreign country during the current calendar year. (11) In addition, the President shall report— (A) any emolument received from the United States, or any of them, other than the compensation for his or her services as President provided for by Federal law; and (B) any business interest that is reasonably expected to result in the receipt of any emolument from the United States, or any of them. . (b) Rule of construction Nothing in the amendments made by this section shall be construed to affect the prohibition against the acceptance of presents and emoluments under section 303. 306. Enforcement authority of the Director of the Office of Government Ethics (a) General authority Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by striking (a) The Director and inserting (a)(1) The Director ; and (2) by adding at the end the following new paragraph: (2) The Director shall provide overall direction of executive branch policies related to compliance with the Foreign and Domestic Emoluments Enforcement Act and the amendments made by such Act and shall have the authority to— (A) issue administrative fines to individuals for violations; (B) order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Director deems necessary; and (C) bring civil actions to enforce such fines and orders. . (b) Specific authorities Section 402(b) of such Act (5 U.S.C. App.) is amended— (1) by striking and at the end of paragraph (14); (2) by striking the period at the end of paragraph (15) and inserting ; and ; and (3) by adding at the end the following new paragraph: (16) developing and promulgating rules and regulations to ensure compliance with the Foreign and Domestic Emoluments Enforcement Act and the amendments made by such Act, including establishing— (A) requirements for reporting and disclosure; (B) a schedule of administrative fines that may be imposed by the Director for violations; and (C) a process for referral of matters to the Office of Special Counsel for investigation in compliance with section 1216(d) of title 5, United States Code. . 307. Jurisdiction of the Office of Special Counsel Section 1216 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5) by striking the period and inserting ; and ; and (C) by adding at the end the following: (6) any violation of section 303 of the Foreign and Domestic Emoluments Enforcement Act or of the amendments made by section 305 of such Act. ; and (2) by adding at the end the following: (d) If the Director of the Office of Government Ethics refers a matter for investigation pursuant to section 402 of the Ethics in Government Act of 1978, or if the Special Counsel receives a credible complaint of a violation referred to in subsection (a)(6), the Special Counsel shall complete an investigation not later than 120 days thereafter. If the Special Counsel investigates any violation pursuant to subsection (a)(6), the Special Counsel shall report not later than 7 days after the completion of such investigation to the Director of the Office of Government Ethics and to Congress on the results of such investigation. . B Restoring Checks and Balances, Accountability, and Transparency IV Enforcement of Congressional Subpoenas 401. Short title This title may be cited as the Congressional Subpoena Compliance and Enforcement Act . 402. Findings The Congress finds as follows: (1) As the Supreme Court of the United States has repeatedly affirmed, including in its July 9, 2020, holding in Trump v. Mazars, Congress’s power of inquiry—with process to enforce it—is an essential and appropriate auxiliary to the legislative function . Congress’s power to obtain information, including through the issuance of subpoenas and the enforcement of such subpoenas, is broad and indispensable . (2) Congress suffers a concrete and particularized injury when denied the opportunity to obtain information necessary to the exercise of its constitutional functions, as the United States Court of Appeals for the District of Columbia Circuit correctly recognized in its August 7, 2020, en banc decision in Committee on the Judiciary of the U.S. House of Representatives v. McGahn. (3) Accordingly, the Constitution of the United States secures to each House of Congress an inherent right to enforce its subpoenas in court. Explicit statutory authorization is not required to secure such a right of action, and the contrary holding by a divided panel of the United States Court of Appeals for the District of Columbia Circuit in McGahn, entered on August 31, 2020, was in error. 403. Enforcement of congressional subpoenas (a) In general Chapter 85 of title 28, United States Code, is amended by inserting after section 1365 the following: 1365a. Congressional actions against subpoena recipients (a) Cause of action The Senate, the House of Representatives, or a committee or subcommittee thereof, may bring a civil action against the recipient of a subpoena issued by a congressional committee or subcommittee to enforce compliance with the subpoena. (b) Special rules In any civil action described in subsection (a), the following rules shall apply: (1) The action may be filed in a United States district court of competent jurisdiction. (2) Notwithstanding section 1657(a), it shall be the duty of every court of the United States to expedite to the greatest possible extent the disposition of any such action and appeal. Upon a showing by the plaintiff of undue delay, other irreparable harm, or good cause, a court to which an appeal of the action may be taken shall issue any necessary and appropriate writs and orders to ensure compliance with this paragraph. (3) If a three-judge court is expressly requested by the plaintiff in the initial pleading, the action shall be heard by a three-judge court convened pursuant to section 2284, and 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. (4) The initial pleading shall be accompanied by certification that the party bringing the action has in good faith conferred or attempted to confer with the recipient of the subpoena to secure compliance with the subpoena without court action. (c) Penalties (1) Cases involving government agencies (A) In general The court may impose monetary penalties directly against each head of a Government agency and the head of each component thereof held to have knowingly failed to comply with any part of a congressional subpoena, unless— (i) the President instructed the official not to comply; and (ii) the President, or the head of the agency or component thereof, submits to the court a letter confirming such instruction and the basis for such instruction. (B) Prohibition on use of government funds No appropriated funds, funds provided from any accounts in the Treasury, funds derived from the collection of fees, or other Government funds shall be used to pay any monetary penalty imposed by the court pursuant to this paragraph. (2) Legal fees In addition to any other penalties or sanctions, the court shall require that any defendant, other than a Government agency, held to have willfully failed to comply with any part of a congressional subpoena, pay a penalty in an amount equal to that party’s legal fees, including attorney’s fees, litigation expenses, and other costs. If such defendant is an officer or employee of a Government agency, such legal fees may be paid from funds appropriated to pay the salary of the defendant. (d) Waiver Any ground for noncompliance asserted by the recipient of a congressional subpoena shall be deemed to have been waived as to any particular information withheld from production if the court finds that the recipient failed in a timely manner to comply with the applicable requirements of section 105(b) of the Revised Statutes of the United States with respect to such information. (e) Rules of procedure The Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure to ensure the expeditious treatment of actions described in subsection (a). Such rules shall be prescribed and submitted to the Congress pursuant to sections 2072, 2073, and 2074. This shall include procedures for expeditiously considering any assertion of constitutional or Federal statutory privilege made in connection with testimony by any recipient of a subpoena from a congressional committee or subcommittee. The Supreme Court shall transmit such rules to Congress within 6 months after the effective date of this section and then pursuant to section 2074 thereafter. (f) Definition For purposes of this section, the term Government agency means any office or entity described in sections 105 and 106 of title 3, an Executive department listed in section 101 of title 5, an independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency or instrumentality of the Federal Government, including wholly or partly owned Government corporations. . (b) Clerical amendment The table of sections for chapter 85 of title 28, United States Code, is amended by inserting after the item relating to section 1365 the following: 1365a. Congressional actions against subpoena recipients. . 404. Compliance with congressional subpoenas (a) In general Chapter 7 of title II of the Revised Statutes of the United States ( 2 U.S.C. 191 et seq. ) is amended by adding at the end the following: 105. Response to congressional subpoenas (a) Subpoena by congressional committee Any recipient of any subpoena from a congressional committee or subcommittee shall appear and testify, produce, or otherwise disclose information in a manner consistent with the subpoena and this section. (b) Failure To produce information (1) Grounds for withholding information Unless required by the Constitution of the United States or by Federal statute, no claim of privilege or protection from disclosure shall be a ground for withholding information responsive to the subpoena or required by this section. (2) Identification of information withheld In the case of information that is withheld, in whole or in part, by the subpoena recipient, the subpoena recipient shall without delay provide a log containing the following: (A) An express assertion and description of the ground asserted for withholding the information. (B) The type of information. (C) The general subject matter. (D) The date, author, and addressee. (E) The relationship of the author and addressee to each other. (F) The custodian of the information. (G) Any other descriptive information that may be produced or disclosed regarding the information that will enable the congressional committee or subcommittee issuing the subpoena to assess the ground asserted for withholding the information. (c) Definition For purposes of this section, the term information includes any books, papers, documents, data, or other objects requested in a subpoena issued by a congressional committee or subcommittee. . (b) Clerical amendment The table of contents for chapter 7 of title II of the Revised Statutes of the United States is amended by adding at the end the following: 105. Response to congressional subpoenas. . 405. Rule of construction Nothing in this title may be interpreted to limit or constrain Congress’s inherent authority or foreclose any other means for enforcing compliance with congressional subpoenas, nor may anything in this title be interpreted to establish or recognize any ground for noncompliance with a congressional subpoena. V Reasserting Congressional Power of the Purse 500. Short title This title may be cited as the Foreign and Domestic Emoluments Enforcement Act . A Strengthening Congressional Control and Review To Prevent Impoundment 501. Strengthening congressional control (a) In general Part B of the Impoundment Control Act of 1974 ( 2 U.S.C. 682 et seq. ) is amended by adding at the end the following: 1018. Prudent obligation of budget authority and specific requirements for expiring budget authority (a) Special message requirement With respect to budget authority proposed to be rescinded or that is set to be reserved or proposed to be deferred in a special message transmitted under section 1012 or 1013, such budget authority— (1) shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013; and (2) may not be deferred or otherwise withheld from obligation during the 90-day period before the expiration of the period of availability of such budget authority, including, if applicable, the 90-day period before the expiration of an initial period of availability for which such budget authority was provided. (b) Administrative requirement With respect to an apportionment of an appropriation (as that term is defined in section 1511 of title 31, United States Code) made pursuant to section 1512 of such title, an appropriation shall be apportioned— (1) to make available all amounts for obligation in sufficient time to be prudently obligated; and (2) to make available all amounts for obligation, without precondition (including footnotes) that shall be met prior to obligation, not later than 90 days before the expiration of the period of availability of such appropriation, including, if applicable, 90 days before the expiration of an initial period of availability for which such appropriation was provided. . (b) Clerical amendment The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act is amended by inserting after the item relating to section 1017 the following: 1018. Prudent obligation of budget authority and specific requirements for expiring budget authority. . 502. Strengthening congressional review (a) In general Part B of the Impoundment Control Act of 1974 ( 2 U.S.C. 682 et seq. ), as amended by section 501(a), is further amended by adding at the end the following: 1019. Reporting (a) Apportionment of appropriations (1) In general Not later than 90 days after the date of enactment of this section, the Office of Management and Budget shall— (A) complete implementation of a publicly available website with an automated system to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an Open Government Data Asset (as defined in section 3502 of title 44, United States Code), not later than 2 business days after the date of approval of such apportionment; (B) place on such website each document apportioning an appropriation, pursuant to such section 1513(b), including any associated footnotes, already approved for the fiscal year; and (C) submit to the Committee on the Budget and the Committee on Appropriations of the Senate and the Committee on the Budget and the Committee on Appropriations of the House of Representatives a report indicating the date of completion of the requirements under subparagraphs (A) and (B). (2) Explanatory statement Each document apportioning an appropriation posted on a publicly accessible website under paragraph (1) shall also include a written explanation by the officer approving each such apportionment (pursuant to section 1513(b) of title 31, United States Code) of the rationale for the apportionment schedule and for any footnotes for apportioned amounts. (3) Special process for transmitting classified documentation to the Congress The Office of Management and Budget or the applicable department or agency shall make available classified documentation referenced in any apportionment at the request of the chair or ranking member of any appropriate congressional committee or subcommittee. (4) Department and agency report Each department or agency shall— (A) notify the Committee on the Budget and the Committee on Appropriations of the Senate, the Committee on the Budget and the Committee on Appropriations of the House of Representatives, and any other appropriate congressional committees if— (i) an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code; (ii) an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or (iii) an approved apportionment received by the department or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by such department or agency; and (B) include in each notification under subparagraph (A) information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account. (b) Approving officials (1) Delegation of authority Not later than 15 days after the date of enactment of this section, any delegation of apportionment authority pursuant to section 1513(b) of title 31, United States Code, that is in effect as of such date shall be submitted for publication in the Federal Register. Any delegation of such apportionment authority after the date of enactment of this section shall, on the date of such delegation, be submitted for publication in the Federal Register. The Office of Management and Budget shall publish such delegations in a format that qualifies such publications as an Open Government Data Asset (as defined in section 3502 of title 44, United States Code) on a public internet website, which shall be continuously updated with the position of each Federal officer or employee to whom apportionment authority has been delegated. (2) Report to Congress Not later than 5 days after any change in the position of the approving official with respect to such delegated apportionment authority for any account is made, the Office shall submit a report to the Committee on Appropriations and the Committee on the Budget of the Senate, the Committee on Appropriations and the Committee on the Budget of the House of Representatives, and any other appropriate congressional committee explaining why such change was made. . (b) Clerical amendment The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 501(b), is further amended by inserting after the item relating to section 1018 the following: 1019. Reporting. . 503. Updated authorities for and reporting by the Comptroller General (a) In general Section 1015 of the Impoundment Control Act of 1974 ( 2 U.S.C. 686 ) is amended— (1) in subsection (a), in the matter following paragraph (2), by striking the last sentence; and (2) by adding at the end the following: (c) Review (1) In general The Comptroller General shall— (A) review compliance with this part; and (B) submit to the Committee on the Budget, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Budget, the Committee on Appropriations, and the Committee on Oversight and Reform of the House of Representatives, and any other appropriate congressional committee of the Senate or the House of Representatives a report, and any relevant information related to the report, on any noncompliance with this part. (2) Information, documentation, and views The President or the head of the relevant department or agency of the United States shall provide information, documentation, and views to the Comptroller General, as is determined by the Comptroller General to be necessary to determine such compliance, not later than 20 days after the date on which the request from the Comptroller General is received, or if the Comptroller General determines that a shorter or longer period is appropriate based on the specific circumstances, within such shorter or longer period. (3) Access To carry out the responsibilities of this part, the Comptroller General shall have access to interview the officers, employees, contractors, and other agents and representatives of a department, agency, or office of the United States at any reasonable time as the Comptroller General may request. . (b) Rule of construction Section 1001 of the Impoundment Control Act of 1974 ( 2 U.S.C. 681 ) is amended— (1) in paragraph (3), by striking the or at the end of the paragraph; (2) in paragraph (4), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (5) affecting or limiting in any way the authorities provided to the Comptroller General under chapter 7 of title 31, United States Code. . 504. Advance congressional notification and litigation Section 1016 of the Impoundment Control Act of 1974 ( 2 U.S.C. 687 ) is amended to read as follows: 1016. Suits by Comptroller General (a) In general If, under this title, budget authority is required to be made available for obligation and such budget authority is not made available for obligation or information, documentation, views, or access are required to be produced and such information, documentation, views, or access are not produced, the Comptroller General is expressly empowered, through attorneys selected by the Comptroller General, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation or such information, documentation, views, or access to be produced. (b) Court authority In a civil action under subsection (a), the court is expressly empowered to enter, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation or compel production of such information, documentation, views, or access. (c) Notice No civil action shall be brought by the Comptroller General to require budget authority be made available under this section until the expiration of 15 calendar days following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated is filed with the Speaker of the House of Representatives and the President of the Senate, except that expiration of such period shall not be required if the Comptroller General finds (and incorporates the finding in the explanatory statement filed) that such delay would be contrary to the public interest. . 505. Penalties for failure to comply with the Impoundment Control Act of 1974 (a) In general Part B of the Impoundment Control Act of 1974 ( 2 U.S.C. 682 et seq. ), as amended by section 502(a), is further amended by adding at the end the following: 1020. Penalties for Failure To Comply (a) Administrative discipline An officer or employee of the Executive Branch of the United States Government violating this part shall be subject to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office. (b) Reporting violations (1) In general In the event of a violation of section 1001, 1012, 1013, or 1018 of this part, or in the case that the Government Accountability Office issues a legal decision concluding that a department, agency, or office of the United States violated this part, the President or the head of the relevant department or agency as the case may be, shall report immediately to Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General and the relevant inspector general on the same date the report is transmitted to Congress. (2) Contents (A) In general Any such report shall include a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any individuals responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, and any written response by any officer or employee identified by position as involved in the violation. (B) Disagreement If the Government Accountability Office issues a legal decision concluding that a department, agency, or office of the United States violated this part and the relevant department, agency, or office does not agree that a violation has occurred, the report provided to Congress, the Comptroller General, and relevant inspector general will explain the position of the department, agency, or office. (3) Opportunity to respond If any such report identifies the position of any officer or employee as involved in the violation, such officer or employee shall be provided a reasonable opportunity to respond in writing, and any such response shall be appended to the report. . (b) Clerical amendment The table of contents of the Congressional Budget and Impoundment Control Act of 1974 set forth in section 1(b) of such Act, as amended by section 502(b), is further amended by inserting after the item relating to section 1019 the following: 1020. Penalties for failure to comply. . B Strengthening Transparency and Reporting 1 Funds Management and Reporting to the Congress 511. Expired balance reporting in the President’s budget Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) for the budget for each of fiscal years 2023 through 2027, a report— (A) identifying unobligated expired balances as of the beginning of the current fiscal year and the beginning of each of the preceding 2 fiscal years by agency and the applicable Treasury Appropriation Fund Symbol or fund account; and (B) providing an explanation of unobligated expired balances in any Treasury Appropriation Fund Symbol or fund account that exceed the lesser of 5 percent of total appropriations made available for that account or $100,000,000. . 512. Cancelled balance reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 511, is further amended by adding at the end the following: (41) for the budget for each of fiscal years 2023 through 2027, a report— (A) identifying cancelled balances (pursuant to section 1552(a)) for the preceding 3 fiscal years by agency and Treasury Appropriation Fund Symbol or fund account; (B) providing an explanation of cancelled balances in any Treasury Appropriation Fund Symbol or fund account that exceed the lesser of 5 percent of total appropriations made available for that account or $100,000,000; and (C) including a tabulation, by Treasury Appropriation Fund Symbol or fund account and appropriation, of all balances of appropriations available for an indefinite period in an appropriation account available for an indefinite period that do not meet the criteria for closure under section 1555, but for which either— (i) the head of the agency concerned or the President has determined that the purposes for which the appropriation was made have been carried out; or (ii) no disbursement has been made against the appropriation— (I) in the prior year and the preceding fiscal year; or (II) in the prior year and which the budget estimates zero disbursements in the current year. . 513. Lapse in appropriations; Reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 512, is further amended by adding at the end the following: (42) a report— (A) identifying any obligation or expenditure made by a department or agency affected in whole or in part by any lapse in appropriations of 5 consecutive days or more during the preceding fiscal year for which amounts were not available; and (B) with respect to any such obligation or expenditure— (i) the amount so obligated or expended; (ii) the account affected; (iii) an explanation of the Antideficiency Act exception or other legal authority that permitted the department or agency, as the case may be, to incur such obligation or expenditure; and (iv) an explanation of any change in the application of any Antideficiency Act exception for a program, project, or activity from any explanations previously reported on pursuant to this paragraph. . 514. Transfer and other repurposing authority reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 513, is further amended by adding at the end the following: (43) for the budget for fiscal year 2023, a report— (A) identifying any transfer authority or other authority to repurpose appropriations provided in a law other than an appropriation act; and (B) with respect to any such authority, providing the citation to the statute, the list of departments or agencies covered, an explanation of when such authority may be used, and an explanation of any use of such authority in the preceding 3 fiscal years. . 515. Authorizing cancellations in indefinite accounts by appropriation (a) In general Subchapter IV of chapter 15 of title 31, United States Code, is amended by inserting after section 1555 the following: 1555a. Cancellation of appropriations available for indefinite periods within an account Any remaining balance (whether obligated or unobligated) from an appropriation available for an indefinite period in an appropriation account available for an indefinite period that does not meet the requirements for closure under section 1555 shall be canceled, and thereafter shall not be available for obligation or expenditure for any purpose, if— (1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and (2) no disbursement has been made against the appropriation for 2 consecutive fiscal years. . (b) Clerical amendment The table of sections for subchapter IV of chapter 15 of title 31, United States Code, is amended by inserting after the item relating to section 1555 the following: 1555a. Cancellation of appropriations available for indefinite periods within an account. . 2 Empowering Congressional Review through Nonpartisan Congressional Agencies and Transparency Initiatives 521. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions (a) In general Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following: 722. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions (a) If an executive agency or the District of Columbia government receives a written request for information, documentation, or views from the Comptroller General relating to a decision or opinion on budget or appropriations law, the executive agency or the District of Columbia government shall provide the requested information, documentation, or views not later than 20 days after receiving the written request, unless such written request specifically provides otherwise. (b) If an executive agency or the District of Columbia government fails to provide the requested information, documentation, or views within the time required by subsection (a)— (1) the Comptroller General shall notify, in writing, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and any other appropriate congressional committee of such failure; (2) the Comptroller General is hereby expressly empowered, through attorneys selected by the Comptroller General, to bring a civil action in the United States District Court for the District of Columbia to require such information, documentation, or views to be produced; and (3) the court in a civil action brought under paragraph (2) is expressly empowered to enter against any department, agency, officer, or employee of the United States any decree, judgment, or order which may be necessary or appropriate to require such production. (c) Nothing in this section shall be construed as affecting or otherwise limiting the authorities provided to the Comptroller General in section 716 of this title. . (b) Clerical amendment The table of sections for subchapter II of chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 721 the following: 722. Requirement to respond to requests for information from the Comptroller General for budget and appropriations law decisions. . 522. Reporting requirements for Antideficiency Act violations (a) Violations of section 1341 or 1342 Section 1351 of title 31, United States Code, is amended— (1) by striking If and inserting (a) If the Comptroller General, an executive agency, or the District of Columbia government determines that ; (2) by striking violates and inserting has violated ; (3) by inserting and the Attorney General after transmitted to the Comptroller General ; and (4) by adding at the end the following: (b) Any such report shall include a statement of the provision violated, a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any officer or employee responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, a statement of any determination that the violation was not knowing and willful that has been made by the executive agency or District of Columbia government, and any written response by any officer or employee identified by position as involved in the violation. (c) If the Comptroller General issues a legal decision concluding that an officer or employee of an executive agency or of the District of Columbia government has violated section 1341(a) or 1342 and the executive agency or District of Columbia government, as applicable, does not agree that a violation has occurred, the report under subsection (a) shall explain its position. . (b) Violations of section 1517 Section 1517 of title 31, United States Code, is amended— (1) in subsection (b)— (A) by striking If and inserting If the Comptroller General, an executive agency, or the District of Columbia government determines that ; (B) by striking violates and inserting has violated ; and (C) by inserting and the Attorney General after transmitted to the Comptroller General ; and (2) by adding at the end the following: (c) Any such report shall include a statement of the provision violated, a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any officer or employee responsible for the violation, a statement of the administrative discipline imposed and any further action taken with respect to any officer or employee involved in the violation, a statement of any additional action taken to prevent recurrence of the same type of violation, a statement of any determination that the violation was not knowing and willful that has been made by the executive agency or District of Columbia government, and any written response by any officer or employee identified by position as involved in the violation. (d) If the Comptroller General issues a legal decision concluding that an officer or employee of an executive agency or of the District of Columbia government has violated subsection (a) and the executive agency or District of Columbia government, as applicable, does not agree that a violation has occurred, the report provided to the President, the Congress, and the Comptroller General will explain its position. . 523. Department of Justice reporting to Congress for Antideficiency Act violations (a) Violations of section 1341 or 1342 Section 1350 of title 31, United States Code, is amended— (1) by striking An officer and inserting (a) An officer ; and (2) by adding at the end the following: (b) (1) If an executive agency or the District of Columbia government reports, under section 1351, a violation of section 1341(a) or 1342, the Attorney General shall promptly review such report and investigate to the extent necessary to determine whether there are reasonable grounds to believe that the responsible officer or employee knowingly and willfully violated section 1341(a) or 1342, as applicable. If the Attorney General determines that there are such reasonable grounds, the Attorney General diligently shall investigate a criminal violation under this section. (2) The Attorney General shall submit to Congress and the Comptroller General on or before March 31 of each calendar year an annual report detailing separately for each executive agency and the District of Columbia government— (A) the number of reports under section 1351 transmitted to the President during the preceding calendar year; (B) the number of reports reviewed in accordance with paragraph (1) during the preceding calendar year; (C) without identification of any individual officer or employee of an executive agency or of the District of Columbia government, a description of each investigation undertaken in accordance with paragraph (1) during the preceding calendar year and an explanation of the status of any such investigation; and (D) without identification of any individual officer or employee of an executive agency or of the District of Columbia government, an explanation of any update to the status of any review or investigation previously reported pursuant to this paragraph. . (b) Violations of section 1517 Section 1519 of title 31, United States Code, is amended— (1) by striking An officer and inserting (a) An officer ; and (2) by adding at the end the following: (b) (1) If an executive agency or the District of Columbia government reports, under section 1517(b), a violation of section 1517(a), the Attorney General shall promptly review such report and investigate to the extent necessary to determine whether there are reasonable grounds to believe that the responsible officer or employee knowingly and willfully violated section 1517(a). If the Attorney General determines that there are such reasonable grounds, the Attorney General diligently shall investigate a criminal violation under this section. (2) The Attorney General shall submit to Congress and the Comptroller General on or before March 31 of each calendar year an annual report detailing separately for each executive agency and the District of Columbia government— (A) the number of reports under section 1517(b) transmitted to the President during the preceding calendar year; (B) the number of reports reviewed in accordance with paragraph (1) during the preceding calendar year; (C) without identification of any individual officer or employee of the United States Government or of the District of Columbia government, a description of each investigation undertaken in accordance with paragraph (1) during the preceding calendar year and an explanation of the status of any such investigation; and (D) without identification of any individual officer or employee of the United States Government or of the District of Columbia government, an explanation of any update to the status of any review or investigation previously reported pursuant to this subsection. . 524. Publication of budget or appropriations law opinions of the Department of Justice Office of Legal Counsel (a) Schedule of publication for final OLC opinions Each final OLC opinion shall be made available on its public website in a manner that is searchable, sortable, and downloadable in its entirety as soon as is practicable, but— (1) not later than 30 days after the opinion is issued or updated if such action takes place on or after the date of enactment of this Act; (2) not later than 1 year after the date of enactment of this Act for an opinion issued on or after January 20, 1993; (3) not later than 2 years after the date of enactment of this Act for an opinion issued on or after January 20, 1981, and before or on January 19, 1993; (4) not later than 3 years after the date of enactment of this Act for an opinion issued on or after January 20, 1969, and before or on January 19, 1981; and (5) not later than 4 years after the date of enactment of this Act for all other opinions. (b) Exceptions and limitation on public availability of final OLC opinions (1) In general A final OLC opinion or part thereof may be withheld only to the extent— (A) information contained in the opinion was— (i) specifically authorized to be kept secret, under criteria established by an Executive order, in the interest of national defense or foreign policy; (ii) properly classified, including all procedural and marking requirements, pursuant to such Executive order; (iii) the Attorney General determines that the national defense or foreign policy interests protected outweigh the public’s interest in access to the information; and (iv) put through declassification review within the past two years; (B) information contained in the opinion relates to the appointment of a specific individual not confirmed to Federal office; (C) information contained in the opinion is specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code), if such statute— (i) requires that the material be withheld in such a manner as to leave no discretion on the issue; or (ii) establishes particular criteria for withholding or refers to particular types of material to be withheld; (D) information in the opinion includes trade secrets and commercial or financial information obtained from a person and privileged or confidential whose disclosure would likely cause substantial harm to the competitive position of the person from whom the information was obtained; (E) the President, in his or her sole and nondelegable determination, formally and personally claims in writing that executive privilege prevents the release of the information and disclosure would cause specific identifiable harm to an interest protected by an exception or the disclosure is prohibited by law; or (F) information in the opinion includes personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (2) Determination to withhold Any determination under this subsection to withhold information contained in a final OLC opinion shall be made by the Attorney General or a designee of the Attorney General. The determination shall be— (A) in writing; (B) made available to the public within the same timeframe as is required of a formal OLC opinion; (C) sufficiently detailed as to inform the public of what kind of information is being withheld and the reason therefore; and (D) effective only for a period of 3 years, subject to review and reissuance, with each reissuance made available to the public. (3) Final opinions For final OLC opinions for which the text is withheld in full or in substantial part, a detailed unclassified summary of the opinion shall be made available to the public, in the same timeframe as required of the final OLC opinion, that conveys the essence of the opinion, including any interpretations of a statute, the Constitution, or other legal authority. A notation shall be included in any published list of final OLC opinions regarding the extent of the withholdings. (4) No limitation on freedom of information Nothing in this subsection shall be construed as limiting the availability of information under section 552 of title 5, United States Code or construed as an exemption under paragraph (3) of subsection (b) of such section. (5) No limitation on relief A decision by the Attorney General to release or withhold information pursuant to this title shall not preclude any action or relief conferred by statutory or regulatory regime that empowers any person to request or demand the release of information. (6) Reasonably segregable portions of opinions to be published Any reasonably segregable portion of an opinion shall be provided after withholding of the portions which are exempt under this section. The amount of information withheld, and the exemption under which the withholding is made, shall be indicated on the released portion of the opinion, unless including that indication would harm an interest protected by the exemption in this paragraph under which the withholding is made. If technically feasible, the amount of the information withheld, and the exemption under which the withholding is made, shall be indicated at the place in the opinion where such withholding is made. (c) Method of publication The Attorney General shall publish each final OLC opinion to the extent the law permits, including by publishing the opinions on a publicly accessible website that— (1) with respect to each opinion— (A) contains an electronic copy of the opinion, including any transmittal letter associated with the opinion, in an open format that is platform independent and that is available to the public without restrictions; (B) provides the public the ability to retrieve an opinion, to the extent practicable, through searches based on— (i) the title of the opinion; (ii) the date of publication or revision; or (iii) the full text of the opinion; (C) identifies the time and date when the opinion was required to be published, and when the opinion was transmitted for publication; and (D) provides a permanent means of accessing the opinion electronically; (2) includes a means for bulk download of all final OLC opinions or a selection of opinions retrieved using a text-based search; (3) provides free access to the opinions, and does not charge a fee, require registration, or impose any other limitation in exchange for access to the website; and (4) is capable of being upgraded as necessary to carry out the purposes of this section. (d) Definitions In this section: (1) OLC opinion The term OLC opinion means views on a matter of legal interpretation communicated by the Office of Legal Counsel of the Department of Justice to any other office or agency, or person in an office or agency, in the executive branch, including any office in the Department of Justice, the White House, or the Executive Office of the President, and rendered in accordance with sections 511–513 of title 28, United States Code, and relating to— (A) subtitle II, III, V, or VI of title 31, United States Code; (B) the Balanced Budget and Emergency Deficit Control Act of 1985; (C) the Congressional Budget and Impoundment Control Act of 1974; or (D) any appropriations Act, continuing resolution, or other provision of law providing or governing appropriations or budget authority. (2) Final OLC opinion The term final OLC opinion means an OLC opinion that— (A) the Attorney General, Assistant Attorney General for the Office of Legal Counsel, or a Deputy Assistant Attorney General for the Office of Legal Counsel, has determined is final; or (B) is cited in another Office of Legal Counsel opinion. C Strengthening Congressional Role in and Oversight of Emergency Declarations and Designations 531. Improving checks and balances on the use of the National Emergencies Act (a) Requirements relating to declaration and renewal of national emergencies Title II of the National Emergencies Act ( 50 U.S.C. 1621 et seq. ) is amended by striking sections 201 and 202 and inserting the following: 201. Declarations of national emergencies (a) Authority To declare national emergencies With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such a national emergency by proclamation. Such proclamation shall immediately be transmitted to Congress and published in the Federal Register. (b) Specification of provisions of law To be exercised and reporting No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in— (1) a proclamation declaring a national emergency under subsection (a); or (2) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. (c) Prohibition on subsequent actions if emergencies not approved (1) Subsequent declarations If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the period described in section 202(a), or with respect to a national emergency proposed to be renewed under section 202(b), the President may not, during the remainder of the term of office of that President, declare a subsequent national emergency under subsection (a) with respect to the same circumstances. (2) Exercise of authorities If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(2) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. (d) Effect of future laws No law enacted after the date of the enactment of the Congressional Power of the Purse Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title. 202. Effective periods of national emergencies (a) Temporary effective periods (1) In general A declaration of a national emergency shall remain in effect for a period of 20 days from the issuance of the proclamation under section 201(a) (unless the declaration is terminated before the end of that period pursuant to an Act of Congress under subsection (c)(1)(C) or a proclamation of the President under subsection (c)(1)(D)) and shall terminate when that 20-day period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation. (2) Exercise of powers and authorities Any emergency power or authority made available under a provision of law specified in a proclamation or Executive order pursuant to section 201(b) may be exercised pursuant to the declaration of a national emergency for a period of 20 days from the issuance of the proclamation or Executive order (unless the declaration is terminated before the end of that period pursuant to an Act of Congress under subsection (c)(1)(C) or a proclamation of the President under subsection (c)(1)(D)). That power or authority may not be exercised after that 20-day period expires unless there is enacted into law a joint resolution of approval under section 203 approving— (A) the proclamation of the national emergency or the Executive order; and (B) the exercise of the power or authority specified by the President in such proclamation or Executive order. (3) Computation of days For purposes of paragraphs (1) and (2), a period of days shall be computed excluding— (A) the days on which the Senate or the House of Representatives is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; (B) any Saturday and Sunday, not excluded under subparagraph (A), when the Senate or the House of Representatives is not in session; or (C) the date on which the proclamation or Executive order described in paragraph (1) or (2), as applicable, is issued. (b) Renewal of national emergencies (1) In general A national emergency declared by the President under section 201(a) or previously renewed under this subsection, and not already terminated pursuant to subsection (a) or (c), shall terminate on the date described in paragraph (2) unless— (A) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and (B) there is enacted into law a joint resolution of approval with respect to renewing the emergency pursuant to section 203 before the termination of the emergency or previous renewal of the emergency. (2) Date described The date described in this paragraph is the date that is one year after, as applicable— (A) the date on which the President transmitted to Congress the proclamation declaring the emergency; or (B) the date of the enactment of a previous joint resolution of approval with respect to renewing the emergency pursuant to section 203. (c) Termination of national emergencies (1) In general Any national emergency declared by the President under section 201(a) shall terminate on the earliest of— (A) the date provided for in subsection (a); (B) the date provided for in subsection (b); (C) the date specified in an Act of Congress terminating the emergency; or (D) the date specified in a proclamation of the President terminating the emergency. (2) Effect of termination Effective on the date of the termination of a national emergency under paragraph (1)— (A) any powers or authorities exercised by reason of the emergency shall cease to be exercised; (B) any amounts reprogrammed, repurposed, or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated; and (C) any contracts entered into under any provision of law relating to the emergency shall be terminated. 203. Review by Congress of national emergencies (a) Joint resolution of approval defined In this section, the term joint resolution of approval means a joint resolution that does not have a preamble and that contains only the following provisions after its resolving clause: (1) A provision approving one or more— (A) proclamations declaring national emergencies under section 201(a); (B) Executive orders issued under section 201(b)(2); or (C) Executive orders issued under section 202(b). (2) A provision approving a list of all or a portion of the provisions of law specified by the President under section 201(b) in the proclamations or Executive orders that are the subject of the joint resolution. (b) Procedures for consideration of joint resolutions of approval (1) Introduction After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order specifying emergency powers or authorities under section 201(b)(2) or renewing a national emergency under section 202(b), a joint resolution of approval may be introduced in either House of Congress by any member of that House. (2) Committee referral in the Senate In the Senate, a joint resolution of approval shall be referred to the appropriate committee. (3) Expedited consideration in Senate In the Senate, the following shall apply: (A) Committee referral A joint resolution of approval shall be referred to the appropriate committee or committees. (B) Reporting and discharge If the committee to which a joint resolution of approval has been referred has not reported it at the end of 10 calendar days after its introduction, that committee shall be discharged from further consideration of the resolution and it shall be placed on the calendar. (C) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, when a committee to which a joint resolution of approval is referred has reported the resolution, or when that committee is discharged under subparagraph (B) from further consideration of the resolution, it is at any time thereafter in order to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against the motion to proceed to the consideration of the joint resolution) are waived. The motion to proceed shall be debatable for 4 hours evenly divided between proponents and opponents of the joint resolution of approval. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution of approval is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (D) Floor consideration There shall be 10 hours of consideration on a joint resolution of approval, to be divided evenly between the proponents and opponents of the joint resolution. Of that 10 hours, there shall be a total of 2 hours of debate on any debatable motions in connection with the joint resolution, to be divided evenly between the proponents and opponents of the joint resolution. (E) Amendments No amendments shall be in order with respect to a joint resolution of approval in the Senate. (F) Motion to reconsider vote on passage A motion to reconsider a vote on passage of a joint resolution of approval shall not be in order. (G) Appeals Points of order and appeals from the decision of the Presiding Officer shall be decided without debate. (4) Expedited consideration in House of Representatives In the House of Representatives, the following shall apply: (A) Reporting and discharge If any committee to which a joint resolution of approval has been referred has not reported it to the House within 7 legislative days after the date of referral such committee shall be discharged from further consideration of the joint resolution. (B) (i) Proceeding to consideration Beginning on the third legislative day after each committee to which a joint resolution of approval has been referred reports it to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution of approval in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution of approval. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (ii) Motion A motion to proceed to the consideration of a joint resolution of approval with respect to an Executive order described in subparagraph (B) or (C) of subsection (a)(1) or a list described in subsection (a)(2) shall not be in order before the enactment of a joint resolution of approval with respect to the proclamation described in subsection (a)(1)(A) that is the subject of the Executive order or list. (C) Consideration The joint resolution of approval shall be considered as read. All points of order against the joint resolution of approval and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution of approval to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution of approval (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution of approval shall not be in order. (5) Coordination with action by other House (A) In general If, before the passage by one House of Congress of a joint resolution of approval of that House, that House receives from the other House a joint resolution of approval with respect to the same proclamation described in section 201(a) or Executive order described in section 201(b)(2) or 202(b), then the following procedures shall apply: (i) The joint resolution of approval of the other House shall not be referred to a committee. (ii) With respect to a joint resolution of approval of the House receiving the joint resolution— (I) the procedure in that House shall be the same as if no joint resolution of approval had been received from the other House; but (II) the vote on passage shall be on the joint resolution of approval of the other House. (iii) Upon the failure of passage of the joint resolution of approval of the other House, the question shall immediately occur on passage of the joint resolution of approval of the receiving House. (B) Treatment of legislation of other House If one House fails to introduce a joint resolution of approval under this section with respect to proclamation under section 201(a) or Executive order under section 201(b)(2) or 202(b), the joint resolution of approval of the other House shall be entitled to expedited consideration under paragraph (3) or (4), as applicable. (C) Application to revenue measures The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval that is a revenue measure. (6) Treatment of veto message Debate on a veto message in the Senate under this section shall be 1 hour evenly divided between the majority and minority leaders or their designees. (c) Rule of construction The enactment of a joint resolution of approval under this section shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. (d) Rules of the House and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of joint resolutions of approval described in this section, and supersedes other rules only to the extent that it is inconsistent with such other rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 204. Exclusion of certain national emergencies invoking International Emergency Economic Powers Act (a) In general In the case of a national emergency described in subsection (b), the provisions of the National Emergencies Act, as in effect on the day before the date of the enactment of the Congressional Power of the Purse Act , shall continue to apply on and after such date of enactment. (b) National emergency described (1) In general A national emergency described in this subsection is a national emergency pursuant to which the President proposes to exercise emergency powers or authorities made available under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), supplemented as necessary by a provision of law specified in paragraph (2). (2) Provisions of law specified The provisions of law specified in this paragraph are— (A) the United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ); (B) section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ); or (C) any provision of law that authorizes the implementation, imposition, or enforcement of economic sanctions with respect to a foreign country. (c) Effect of additional powers and authorities Subsection (a) shall not apply to a national emergency or the exercise of emergency powers and authorities pursuant to the national emergency if, in addition to the exercise of emergency powers and authorities described in subsection (b), the President proposes to exercise, pursuant to the national emergency, any emergency powers and authorities under any other provision of law. . (b) Reporting requirements Section 401 of the National Emergencies Act ( 50 U.S.C. 1641 ) is amended by adding at the end the following: (d) Report on emergencies The President shall transmit to Congress, with any proclamation declaring a national emergency under section 201(a) or any Executive order specifying emergency powers or authorities under section 201(b)(2) or renewing a national emergency under section 202(b), a report, in writing, that includes the following: (1) A description of the circumstances necessitating the declaration of a national emergency, the renewal of such an emergency, or the use of a new emergency power or authority, as the case may be. (2) The estimated duration of the national emergency, or a statement that the duration of the national emergency cannot reasonably be estimated at the time of transmission of the report. (3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds and any contracts anticipated to be entered into, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. (4) In the case of a renewal of a national emergency, a summary of the actions the President or other officers have taken in the preceding one-year period, including any reprogramming or transfer of funds, to address the emergency. (e) Provision of information to Congress The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. (f) Periodic reports on status of emergencies If the President declares a national emergency under section 201(a), the President shall, not less frequently than every 90 days for the duration of the emergency, report to Congress on the status of the emergency and the actions the President or other officers have taken and authorities the President and such officers have relied on in addressing the emergency. . (c) Exclusion of imposition of duties and import quotas from presidential authorities under international emergency economic powers act Section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) (1) The authority granted to the President by this section does not include the authority to impose duties or tariff-rate quotas or (subject to paragraph (2)) other quotas on articles entering the United States. (2) The limitation under paragraph (1) does not prohibit the President from excluding all articles imported from a country from entering the United States. . (d) Conforming amendments (1) National Emergencies Act Title III of the National Emergencies Act ( 50 U.S.C. 1631 ) is repealed. (2) International Emergency Economic Powers Act Section 207 of the International Emergency Economic Powers Act ( 50 U.S.C. 1706 ) is amended— (A) in subsection (b), by striking concurrent resolution and inserting joint resolution each place it appears; and (B) by adding at the end the following: (e) In this section, the term National Emergencies Act means the National Emergencies Act, as in effect on the day before the date of the enactment of the Congressional Power of the Purse Act . . (e) Effective date; applicability (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on the date of the enactment of this Act and apply with respect to national emergencies declared under section 201 of the National Emergencies Act on or after that date. (2) Applicability to renewals of existing emergencies When a national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of the Congressional Power of the Purse Act would expire or be renewed under section 202(d) of that Act (as in effect on the day before such date of enactment), that national emergency shall be subject to the requirements for renewal under section 202(b) of that Act, as amended by subsection (a). 532. National Emergencies Act declaration spending reporting in the President’s budget Section 1105(a) of title 31, United States Code, as amended by section 514 of this Act, is further amended by adding at the end the following: (44) (A) a report on the proposed, planned, and actual obligations and expenditures of funds (for the prior fiscal year, the current fiscal year, and the fiscal year for which the budget is submitted) attributable to the exercise of powers and authorities made available by statute for each national emergency declared by the President, currently active or in effect during the applicable fiscal years. (B) Obligations and expenditures contained in the report under subparagraph (A) shall— (i) be organized by Treasury Appropriation Fund Symbol or fund account and by program, project, and activity; and (ii) include— (I) a description of each such program, project, and activity; (II) the authorities under which such funding actions are taken; and (III) the purpose and progress of such obligations and expenditures toward addressing the applicable national emergency. (C) The report under subparagraph (A) shall include, with respect to any transfer, reprogramming, or repurposing of funds to address the applicable national emergency— (i) the amount of such transfer, reprogramming, or repurposing; (ii) the authority authorizing each such transfer, reprogramming, or repurposing; and (iii) a description of programs, projects, and activities affected by such transfer, reprogramming, or repurposing, including by a reduction in funding. . 533. Disclosure to Congress of presidential emergency action documents (a) In general Not later than 30 days after the conclusion of the process for approval, adoption, or revision of any presidential emergency action document, the President shall submit that document to the appropriate congressional committees. (b) Documents in existence before date of enactment Not later than 15 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees all presidential emergency action documents in existence before such date of enactment. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees , with respect to a presidential emergency action document submitted under subsection (a) or (b), means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; (B) the Committee on Oversight and Reform, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and (C) any other committee of the Senate or the House of Representatives with jurisdiction over the subject matter addressed in the presidential emergency action document. (2) Presidential emergency action document The term presidential emergency action document refers to— (A) each of the approximately 56 documents described as presidential emergency action documents in the budget justification materials for the Office of Legal Counsel of the Department of Justice submitted to Congress in support of the budget of the President for fiscal year 2018; and (B) any other pre-coordinated legal document in existence before, on, or after the date of the enactment of this Act, that— (i) is designated as a presidential emergency action document; or (ii) is designed to implement a presidential decision or transmit a presidential request when an emergency disrupts normal governmental or legislative processes. 534. Emergency and overseas contingency operations designations by Congress in statute Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A) ) is amended— (1) in clause (i), by striking and the President subsequently so designates ; and (2) in clause (ii), by striking and the President subsequently so designates . VI Security from Political Interference in Justice 601. Short title This title may be cited as the Security from Political Interference in Justice Act . 602. Definitions In this title: (1) Communications log The term communications log means the log required to be maintained under section 603(a). (2) Covered communication (A) In general The term covered communication means any communication relating to any contemplated or ongoing investigation or litigation conducted by the Department of Justice in any civil or criminal matter (regardless of whether a civil action or criminal indictment or information has been filed). (B) Exceptions The term covered communication does not include a communication that is any of the following: (i) A communication that involves contact between the President, the Vice President, the Counsel to the President, or the Principal Deputy Counsel to the President, and the Attorney General, the Deputy Attorney General, or the Associate Attorney General, except to the extent that the communication concerns a contemplated or ongoing investigation or litigation in which a target or subject is one of the following: (I) The President, the Vice President, or a member of the immediate family of the President or Vice President. (II) Any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code. (III) The current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the President, or any officer of such a committee exercising authority at the national level, during the tenure in office of the President. (ii) A communication that involves contact between an officer or employee of the Department of Justice and an officer or employee of the Executive Office of the President on a particular matter, if any of the President, the Vice President, the Counsel to the President, or the Principal Deputy Counsel to the President, and if any of the Attorney General, the Deputy Attorney General, or the Associate Attorney General, have designated a subordinate to carry on such contact, and the person so designating monitors all subsequent communications and the person designated keeps the designating person informed of each such communication, except to the extent that the communication concerns a contemplated or ongoing investigation or litigation in which a target or subject is one of the following: (I) The President, the Vice President, or a member of the immediate family of the President or Vice President. (II) Any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5, United States Code. (III) The current or former chair or treasurer of any national campaign committee that sought the election or seeks the reelection of the President, or any officer of such a committee exercising authority at the national level, during the tenure in office of the President. (iii) A communication that involves contact from or to the Deputy Counsel to the President for National Security Affairs, the staff of the National Security Council, or the staff of the Homeland Security Council that relates to a national security matter, except to the extent that the communication concerns a pending adversarial case in litigation that may have national security implications. (iv) A communication that involves contact between the Office of the Pardon Attorney of the Department of Justice and the Counsel to the President or a Deputy Counsel to the President relating to pardon matters. (v) A communication that relates solely to policy, appointments, legislation, rulemaking, budgets, public relations or affairs, programmatic matters, intergovernmental relations, administrative or personnel matters, appellate litigation, or requests for legal advice. (3) Member of the immediate family of the President or Vice President The term member of the immediate family of the President or Vice President means an individual to whom the President or Vice President— (A) is related by blood, marriage, or adoption; or (B) stands in loco parentis. 603. Communications logs (a) In general The Attorney General shall maintain a log of covered communications. (b) Contents A communications log shall include, with respect to a covered communication— (1) the name and title of each officer or employee of the Department of Justice or the Executive Office of the President who participated in the covered communication; (2) the topic of the covered communication; and (3) a statement describing the purpose and necessity of the covered communication. (c) Oversight (1) Periodic disclosure of logs Not later than January 30 and July 30 of each year, the Attorney General shall submit to the Office of the Inspector General of the Department of Justice a report containing the communications log for the 6-month period preceding that January or July. (2) Notice of inappropriate or improper communications The Office of the Inspector General of the Department of Justice shall— (A) review each communications log received under paragraph (1); and (B) notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives if the Inspector General determines that a covered communication described in the communications log— (i) is inappropriate from a law enforcement perspective; or (ii) raises concerns about improper political interference. (d) Rule of construction Nothing in this section may be construed to limit the valid written assertion by the President of presidential communications privilege with regard to any material required to be submitted under this section. 604. Rule of construction Nothing in this title may be construed to affect any requirement to report pursuant to title I of this Act or the amendments made by that title. VII Protecting Inspector General Independence A Requiring Cause for Removal 701. Short title This subtitle may be cited as the Inspector General Independence Act . 702. Amendment The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 3(b)— (A) by striking An Inspector General and inserting (1) An Inspector General ; (B) by inserting after by the President the following: in accordance with paragraph (2) ; and (C) by adding at the end the following: (2) The President may remove an Inspector General only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to paragraph (1)): (A) Documented permanent incapacity. (B) Documented neglect of duty. (C) Documented malfeasance. (D) Documented conviction of a felony or conduct involving moral turpitude. (E) Documented knowing violation of a law or regulation. (F) Documented gross mismanagement. (G) Documented gross waste of funds. (H) Documented abuse of authority. (I) Documented inefficiency. ; and (2) in section 8G(e)(2), by adding at the end the following: An Inspector General may be removed only for any of the following grounds (and the documentation of any such ground shall be included in the communication required pursuant to this paragraph): (A) Documented permanent incapacity. (B) Documented neglect of duty. (C) Documented malfeasance. (D) Documented conviction of a felony or conduct involving moral turpitude. (E) Documented knowing violation of a law or regulation. (F) Documented gross mismanagement. (G) Documented gross waste of funds. (H) Documented abuse of authority. (I) Documented inefficiency. . 703. Removal or transfer requirements (a) Reasons for removal or transfer Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702, is amended— (1) in paragraph (1), by striking reasons and inserting substantive rationale, including detailed and case-specific reasons, ; and (2) by adding at the end the following: (3) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under paragraph (1), the written communication required under that paragraph shall— (A) identify each entity that is conducting, or that conducted, the inquiry; and (B) in the case of a completed inquiry, contain the findings made during the inquiry. . (b) Reasons for removal or transfer for designated Federal entities Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (2), by striking reasons and inserting substantive rationale, including detailed and case-specific reasons, ; and (2) by inserting at the end the following: (3) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under paragraph (2), the written communication required under that paragraph shall— (A) identify each entity that is conducting, or that conducted, the inquiry; and (B) in the case of a completed inquiry, contain the findings made during the inquiry. . B Inspectors General of Intelligence Community 711. Independence of Inspectors General of the Intelligence Community (a) In general The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by adding at the end the following new title: XII Matters Regarding Inspectors General of Elements of the Intelligence Community A Inspectors General 1201. Independence of Inspectors General (a) Definitions In this section: (1) Administrative leave The term administrative leave includes any other type of paid or unpaid non-duty status. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the congressional intelligence committees; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (3) Head official The term head official means— (A) with respect to the position of a covered Inspector General that requires appointment by the President, by and with the advice and consent of the Senate, the President; and (B) with respect to the position of a covered Inspector General that requires appointment by a head of a department or agency of the Federal Government, the head of such department or agency. (b) Removal (1) In general A covered Inspector General may be removed from office only by the head official. (2) Grounds The head official may remove a covered Inspector General only for any of the following grounds: (A) Documented permanent incapacity. (B) Documented neglect of duty. (C) Documented malfeasance. (D) Documented conviction of a felony or conduct involving moral turpitude. (E) Documented knowing violation of a law or regulation. (F) Documented gross mismanagement. (G) Documented gross waste of funds. (H) Documented abuse of authority. (I) Documented Inefficiency. (c) Administrative leave (1) In general A covered Inspector General may be placed on administrative leave only by the head official. (2) Grounds The head official may place a covered Inspector General on administrative leave only for any of the grounds specified in subsection (b)(2). (d) Notification The head official may not remove a covered Inspector General under subsection (b) or place a covered Inspector General on administrative leave under subsection (c) unless— (1) the head official transmits in writing to the appropriate congressional committees a notification of such removal or placement, including an explanation of the documented grounds specified in subsection (b)(2) for such removal or placement; and (2) with respect to the removal of a covered Inspector General, a period of 30 days elapses following the date of such transmittal. (e) Report Not later than 30 days after the date on which the head official notifies a covered Inspector General of being removed under subsection (b) or placed on administrative leave under subsection (c), the office of that Inspector General shall submit to the appropriate congressional committees a report containing the following: (1) A description of the facts and circumstances of any pending complaint, investigation, inspection, audit, or other review or inquiry, including any information, allegation, or complaint reported to the Attorney General in accordance with section 535 of title 28, United States Code, that the Inspector General was working on as of the date of such removal or placement. (2) Any other significant matter that the office of the Inspector General determines appropriate. (f) Rule of construction Nothing in this section shall be construed to prohibit a personnel action of a covered Inspector General otherwise authorized by law, other than transfer or removal. . (b) Definition Section 3 of such Act ( 50 U.S.C. 3003 ) is amended by adding at the end the following new paragraph: (8) The term covered Inspector General means each of the following: (A) The Inspector General of the Intelligence Community. (B) The Inspector General of the Central Intelligence Agency. (C) The Inspector General of the Defense Intelligence Agency. (D) The Inspector General of the National Reconnaissance Office. (E) The Inspector General of the National Geospatial-Intelligence Agency. (F) The Inspector General of the National Security Agency. . (c) Clerical amendments The table of sections at the beginning of the National Security Act of 1947 is amended by adding after the items relating to title XI the end the following new items: Title XII—Matters Regarding Inspectors General of Elements of the Intelligence Community Subtitle A—Inspectors General Sec. 1201. Independence of Inspectors General. . 712. Authority of Inspectors General of the Intelligence Community to determine matters of urgent concern (a) Determination (1) In general Title XII of the National Security Act of 1947, as added by section 711 , is amended by inserting after section 1201 the following new section: 1203. Determination of matters of urgent concern (a) Determination (1) In general Each covered Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern. (2) Finality A determination described in paragraph (1) is final and conclusive. (b) Foreign interference in elections In addition to any other matter which is considered an urgent concern pursuant to section 103H(k)(5)(G), section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5)(G) ), or other applicable provision of law, the term urgent concern includes a serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to foreign interference in elections in the United States. . (2) Clerical amendment The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1201, as added by section 711 , the following new item: Sec. 1203. Determination of matters of urgent concern. . (b) Conforming amendments (1) Intelligence community Section 103H(k)(5)(G) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5)(G) ) is amended by striking In this paragraph and inserting In accordance with section 1203, in this paragraph . (2) Central Intelligence Agency Section 17(d)(5)(G) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5)(G) ) is amended by striking In this paragraph and inserting In accordance with section 1203 of the National Security Act of 1947, in this paragraph . (c) Reports on unresolved differences Paragraph (3) of section 103H(k) of the National Security Act of 1947 ( 50 U.S.C. 3033(k) ) is amended by adding at the end the following new subparagraph: (C) With respect to each report submitted pursuant to subparagraph (A)(i), the Inspector General shall include in the report, at a minimum— (i) a general description of the unresolved differences, the particular duties or responsibilities of the Inspector General involved, and, if such differences relate to a complaint or information under paragraph (5), a description of the complaint or information and the entities or individuals identified in the complaint or information; and (ii) to the extent such differences can be attributed not only to the Director but also to any other official, department, agency, or office within the executive branch, or a component thereof, the titles of such official, department, agency, or office. . (d) Clarification of role of Director of National Intelligence Section 102A(f)(1) of such Act ( 50 U.S.C. 3024(f)(1) ) is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph: (B) The authority of the Director of National Intelligence under subparagraph (A) includes coordinating and supervising activities undertaken by elements of the intelligence community for the purpose of protecting the United States from any foreign interference in elections in the United States. . 713. Conforming amendments and coordination with other provisions of law (a) Intelligence community Paragraph (4) of section 103H(c) of the National Security Act of 1947 ( 50 U.S.C. 3033(c) ) is amended to read as follows: (4) The provisions of title XII shall apply to the Inspector General with respect to the removal of the Inspector General and any other matter relating to the Inspector General as specifically provided for in such title. . (b) Central Intelligence Agency Paragraph (6) of section 17(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(b) ) is amended to read as follows: (6) The provisions of title XII of the National Security Act of 1947 shall apply to the Inspector General with respect to the removal of the Inspector General and any other matter relating to the Inspector General as specifically provided for in such title. . (c) Other elements (1) In general Title XII of the National Security Act of 1947, as added by section 711 , is further amended by inserting after section 1203, as added by section 712(a) , the following new section: 1205. Coordination with other provisions of law No provision of law that is inconsistent with any provision of this title shall be considered to supersede, repeal, or otherwise modify a provision of this title unless such other provision of law specifically cites a provision of this title in order to supersede, repeal, or otherwise modify that provision of this title. . (2) Clerical amendment The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1203, as added by section 712 , the following new item: Sec. 1205. Coordination with other provisions of law. . C Congressional Notification 721. Short title This subtitle may be cited as the Inspector General Protection Act . 722. Change in status of Inspector General offices (a) Change in status of Inspector General of office Paragraph (1) of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as designated by section 702, is amended— (1) by inserting , is placed on paid or unpaid non-duty status, after is removed from office ; (2) by inserting , change in status, after any such removal ; and (3) by inserting , change in status, after before the removal . (b) Change in status of Inspector General of designated Federal entity Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 703, is amended— (1) by inserting , is placed on paid or unpaid non-duty status, after office ; (2) by inserting , change in status, after any such removal ; and (3) by inserting , change in status, after before the removal . (c) Exception to requirement To submit communication relating to certain changes in status (1) Communication relating to change in status of Inspector General of Office Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702, is amended— (A) in paragraph (1), by striking If and inserting Except as provided in paragraph (4), if ; and (B) by adding at the end the following: (4) If an Inspector General is placed on paid or unpaid non-duty status, the President may submit the communication described in paragraph (1) to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if— (A) the President determines that a delay in placing the Inspector General on paid or unpaid non-duty status would— (i) pose a threat to the Inspector General or others; (ii) result in the destruction of evidence relevant to an investigation; or (iii) result in loss of or damage to Government property; and (B) in the communication, the President includes— (i) a specification of which clause the President relied on to make the determination under subparagraph (A); (ii) the substantive rationale, including detailed and case-specific reasons, for such determination; (iii) if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and (iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry. (5) The President may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1) unless the President— (A) determines that not placing the Inspector General on paid or unpaid non-duty status would— (i) pose a threat to the Inspector General or others; (ii) result in the destruction of evidence relevant to an investigation; or (iii) result in loss of or damage to Government property; and (B) on or before the date on which the placement takes effect, submits to the committee in the Senate and the committee in the House of Representatives that has jurisdiction over the Inspector General involved, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a written communication that contains— (i) a specification of which clause under subparagraph (A) the President relied on to make the determination under such subparagraph; (ii) the substantive rationale, including detailed and case-specific reasons, for such determination; (iii) if the President relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and (iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry. . (2) Communication relating to change in status of Inspector General of designated Federal entity Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 702, is amended— (A) in paragraph (2), by striking If and inserting Except as provided in paragraph (4), if ; and (B) by adding at the end the following: (4) If an Inspector General is placed on paid or unpaid non-duty status, the head of the designated Federal entity may submit the communication described in paragraph (2) to Congress later than 30 days before the Inspector General is placed on paid or unpaid non-duty status, but in any case not later than the date on which the placement takes effect, if— (A) the head of the designated Federal entity determines that a delay in placing the Inspector General on paid or unpaid non-duty status would— (i) pose a threat to the Inspector General or others; (ii) result in the destruction of evidence relevant to an investigation; or (iii) result in loss of or damage to Government property; and (B) in the communication, the head of the designated Federal entity includes— (i) a specification of which clause under subparagraph (A) the head of the designated Federal entity relied on to make the determination under such subparagraph; (ii) the substantive rationale, including detailed and case-specific reasons, for such determination; (iii) if the head relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and (iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry. (5) The head of a designated Federal entity may not place an Inspector General on paid or unpaid non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2) unless the head of the designated Federal entity— (A) determines that not placing the Inspector General on paid or unpaid non-duty status would— (i) pose a threat to the Inspector General or others; (ii) result in the destruction of evidence relevant to an investigation; or (iii) result in loss of or damage to Government property; and (B) on or before the date on which the placement takes effect, submits to the committee in the Senate and the committee in the House of Representatives that has jurisdiction over the Inspector General involved, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a written communication that contains— (i) a specification of which clause under subparagraph (A) the head of the designated Federal entity relied on to make the determination under such subparagraph; (ii) the substantive rationale, including detailed and case-specific reasons, for such determination; (iii) if the head of the designated Federal entity relied on an inquiry to make such determination, an identification of each entity that is conducting, or that conducted, such inquiry; and (iv) if an inquiry described in clause (iii) is completed, the findings of that inquiry. . (d) Application The amendments made by this section shall apply with respect to removals, transfers, and changes of status occurring on or after the date that is 30 days after the date of enactment of this Act. 723. Presidential explanation of failure to nominate an Inspector General (a) In General Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following: 3349e. Presidential explanation of failure to nominate an Inspector General If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing— (1) the reasons why the President has not yet made a formal nomination; and (2) a target date for making a formal nomination. . (b) Clerical Amendment The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following: 3349e. Presidential explanation of failure to nominate an Inspector General. . (c) Effective Date The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to any vacancy first occurring on or after that date. VIII Protecting Whistleblowers 801. Short title This title may be cited as the Whistleblower Protection Improvement Act of 2021 . A Whistleblower Protection Improvement 811. Additional whistleblower protections (a) Investigations as personnel actions (1) In general Section 2302(a)(2)(A) of title 5, United States Code, is amended— (A) in clause (xi), by striking and at the end; (B) by redesignating clause (xii) as clause (xiii); and (C) by inserting after the clause (xi) the following: (xii) for purposes of subsection (b)(8)— (I) the commencement, expansion, or extension of an investigation, but not including any investigation that is ministerial or nondiscretionary (including a ministerial or nondiscretionary investigation described in section 1213) or any investigation that is conducted by an Inspector General of an entity of the Government of an employee not employed by the office of that Inspector General; and (II) a referral to an Inspector General of an entity of the Government, except for a referral that is ministerial or nondiscretionary; and . (2) Application The amendment made by paragraph (1) shall apply to any investigation commenced, expanded, or extended, or to any referral made, as described under clause (xii) of section 2302(a)(2)(A) of title 5, United States Code, as amended by such paragraph, on or after the date of enactment of this Act. (b) Right To petition Congress (1) In general Section 2302(b)(9) of title 5, United States Code, is amended— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by adding or after the semicolon at the end; and (C) by adding at the end the following: (E) the exercise of any right protected under section 7211; . (2) Application The amendment made by paragraph (1) shall apply to the exercise of any right described in subparagraph (E) of section 2302(b)(9) of title 5, United States Code, as added by such paragraph (1), occurring on or after the date of enactment of this Act. (c) Prohibition on disclosure of whistleblower identity (1) In general Section 2302 of title 5, United States Code, is amended by adding at the end the following: (g) (1) No employee of an agency may willfully communicate or transmit to any individual who is not an officer or employee of the Government the identity of, or personally identifiable information about, any other employee because that other employee has made, or is suspected to have made, a disclosure protected by subsection (b)(8), unless— (A) the other employee provides express written consent prior to the communication or transmission of their identity or personally identifiable information; (B) the communication or transmission is made in accordance with the provisions of section 552a; (C) the communication or transmission is made to a lawyer for the sole purpose of providing legal advice to an employee accused of whistleblower retaliation; or (D) the communication or transmission is required or permitted by any other provision of law. (2) In this subsection, the term officer or employee of the Government means— (A) the President; (B) a Member of Congress; (C) a member of the uniformed services; (D) an employee, as that term is defined in section 2105, including an employee of the United States Postal Service, the Postal Regulatory Commission, or the Department of Veterans Affairs (including any employee appointed pursuant to chapter 73 or 74 of title 38); and (E) any other officer or employee in any branch of the Government of the United States. . (2) Application The amendment made by paragraph (1) shall apply to any transmission or communication described in subsection (g) of section 2302 of title 5, United States Code, as added by such paragraph (1), made on or after the date of enactment of this Act. (d) Right To petition Congress (1) In general Section 7211 of title 5, United States Code, is amended to read as follows: 7211. Employees’ right to petition or furnish information or respond to Congress (a) In general Each officer or employee of the Federal Government, individually or collectively, has a right to— (1) petition Congress or a Member of Congress; (2) furnish information, documents, or testimony to either House of Congress, any Member of Congress, or any committee or subcommittee of Congress; or (3) respond to any request for information, documents, or testimony from either House of Congress or any Committee or subcommittee of Congress. (b) Prohibited actions No officer or employee of the Federal Government may interfere with or deny the right set forth in subsection (a), including by— (1) prohibiting or preventing, or attempting or threatening to prohibit or prevent, any other officer or employee of the Federal Government from engaging in activity protected in subsection (a); or (2) removing, suspending from duty without pay, demoting, reducing in rank, seniority, status, pay, or performance or efficiency rating, denying promotion to, relocating, reassigning, transferring, disciplining, or discriminating in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government or attempting or threatening to commit any of the foregoing actions protected in subsection (a). (c) Application This section shall not be construed to authorize disclosure of any information that is— (1) specifically prohibited from disclosure by any other provision of Federal law; or (2) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs, unless disclosure is otherwise authorized by law. (d) Definition of officer or employee of the Federal Government For purposes of this section, the term officer or employee of the Federal Government includes— (1) the President; (2) a Member of Congress; (3) a member of the uniformed services; (4) an employee (as that term is defined in section 2105); (5) an employee of the United States Postal Service or the Postal Regulatory Commission; and (6) an employee appointed under chapter 73 or 74 of title 38. . (2) Clerical amendment The table of sections for subchapter II of chapter 72 of title 5, United States Code, is amended by striking the item related to section 7211 and inserting the following: 7211. Employees’ right to petition or furnish information or respond to Congress. . 812. Enhancement of whistleblower protections (a) Disclosures relating to officers or employees of an Office of Inspector General Section 1213(c) of title 5, United States Code, is amended by adding at the end the following: (3) If the information transmitted under this subsection disclosed a violation of law, rule, or regulation, or gross waste, gross mismanagement, abuse of authority, or a substantial and specific danger to public health or safety, by any officer or employee of an Office of Inspector General, the Special Counsel may refer the matter to the Council of the Inspectors General on Integrity and Efficiency, which shall comply with the standards and procedures applicable to investigations and reports under this subsection. . (b) Retaliatory referrals to Inspectors General Section 1214(d) of title 5, United States Code, is amended by adding at the end the following: (3) In any case in which the Special Counsel determines that a referral to an Inspector General of an entity of the Federal Government was in retaliation for a disclosure or protected activity described in section 2302(b)(8) or in retaliation for exercising a right described in section 2302(b)(9)(A)(i), the Special Counsel shall transmit that finding in writing to the Inspector General within 7 days of making the finding. The Inspector General shall consider that finding and make a determination on whether to initiate an investigation or continue an investigation based on the referral that the Special Counsel found to be retaliatory. . (c) Ensuring timely relief (1) Individual right of action Section 1221 of title 5, United States Code, is amended by striking section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D), each place it appears and inserting section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), . (2) Stays Section 1221(c)(2) of title 5, United States Code, is amended to read as follows: (2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board— (A) determines that there is a substantial likelihood that protected activity was a contributing factor to the personnel action involved; or (B) otherwise determines that such a stay would be appropriate. . (3) Appeal of stay Section 1221(c) of title 5, United States Code, is amended by adding at the end the following: (4) If any stay requested under paragraph (1) is denied, the employee, former employee, or applicant may, within 7 days after receiving notice of the denial, file an appeal for expedited review by the Board. The agency shall have 7 days thereafter to respond. The Board shall provide a decision not later than 21 days after receiving the appeal. During the period of appeal, both parties may supplement the record with information unavailable to them at the time the stay was first requested. . (4) Access to district court; jury trials (A) In general Section 1221(i) of title 5, United States Code, is amended— (i) by striking (i) Subsections and inserting (i)(1) Subsections ; and (ii) by adding at the end the following: (2) (A) If, in the case of an employee, former employee, or applicant for employment who seeks corrective action from the Merit Systems Protection Board based on an alleged prohibited personnel practice described in section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g), no final order or decision is issued by the Board within 180 days after the date on which a request for such corrective action has been duly submitted to the Board, such employee, former employee, or applicant may, after providing written notice to the Special Counsel and the Board and only within 20 days after providing such notice, bring an action for review de novo before the appropriate United States district court, and such action shall, at the request of either party to such action, be tried before a jury. Upon filing of an action with the appropriate United States district court, any proceedings before the Board shall cease and the employee, former employee, or applicant for employment waives any right to refile with the Board. (B) If the Board certifies (in writing) to the parties of a case that the complexity of such case requires a longer period of review, subparagraph (A) shall be applied by substituting 240 days for 180 days . (C) In any such action brought before a United States district court under subparagraph (A), the court— (i) shall apply the standards set forth in subsection (e); and (ii) may award any relief that the court considers appropriate, including any relief described in subsection (g). . (B) Application (i) In general The amendments made by subparagraph (A) shall apply to any corrective action duly submitted to the Merit Systems Protection Board, during the 5-year period preceding the date of enactment of this Act, by an employee, former employee, or applicant for employment based on an alleged prohibited personnel practice described in section 2302(b)(8), 2302(b)(9)(A)(i), (B), (C), or (D), or 2302(b)(13) of title 5, United States Code, with respect to which no final order or decision has been issued by the Board. (ii) Limitation In the case of an individual described in clause (i) whose duly submitted claim to the Merit Systems Protection Board was made not later than 180 days before the date of enactment of this Act, such individual may only bring an action before a United States district court as described in section 1221(i)(2) of title 5, United States Code (as added by subparagraph (A)), if that individual— (I) provides written notice to the Office of Special Counsel and the Merit Systems Protection Board not later than 90 days after the date of enactment of this Act; and (II) brings such action not later than 20 days after providing such notice. (d) Recipients of whistleblower disclosures Section 2302(b)(8)(B) of title 5, United States Code, is amended by striking or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures and inserting the Inspector General of an agency, a supervisor in the employee’s direct chain of command up to and including the head of the employing agency, or to an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures . (e) Attorney fees (1) In general Section 7703(a) of title 5, United States Code, is amended by adding at the end the following: (3) If an employee, former employee, or applicant for employment is the prevailing party under a proceeding brought under this section, the employee, former employee, or applicant for employment shall be entitled to attorney fees for all representation carried out pursuant to this section. In such an action for attorney fees, the agency responsible for taking the personnel action shall be the respondent and shall be responsible for paying the fees. . (2) Application In addition to any proceeding brought by an employee, former employee, or applicant for employment on or after the date of enactment of this Act to a Federal court under section 7703 of title 5, United States Code, the amendment made by paragraph (1) shall apply to any proceeding brought by an employee, former employee, or applicant for employment under such section before the date of enactment of this Act with respect to which the applicable Federal court has not issued a final decision. (f) Extending Whistleblower Protection Act to certain employees (1) In general Section 2302(a)(2)(A) of title 5, United States Code, is amended in the matter following clause (xiii), as so redesignated by section 811(a)(1)— (A) by inserting subsection (b)(9)(A)(i), (B), (C), (D), or (E), subsection (b)(13), or subsection (g), after subsection (b)(8), ; and (B) by inserting after title 31 the following: , a commissioned officer or applicant for employment in the Public Health Service, an officer or applicant for employment in the commissioned officer corps of the National Oceanic and Atmospheric Administration, or a noncareer appointee in the Senior Executive Service . (2) Conforming amendments Section 261 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ( 33 U.S.C. 3071 ) is amended— (A) in subsection (a)— (i) by striking paragraph (8); and (ii) by redesignating paragraphs (9) through (26) as paragraphs (8) through (25), respectively; (B) in subsection (b), by striking the second sentence; and (C) by striking subsection (c). (3) Application (A) In general With respect to an officer or applicant for employment in the commissioned officer corps of the National Oceanic and Atmospheric Administration, the amendments made by paragraphs (1) and (2) shall apply to any personnel action taken against such officer or applicant on or after the date of enactment of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 ( Public Law 116–259 ) for making any disclosure protected under section 2302(b)(8) of title 5, United States Code. (B) Exception Subparagraph (A) shall not apply to any personnel action with respect to which an allegation has been submitted pursuant to section 1034 of title 10, United States Code, and a final decision has been rendered regarding such allegation. (C) Definitions In this paragraph, the terms disclosure and personnel action have the meanings given those terms in section 2302(a) of title 5, United States Code. (g) Relief (1) In general Section 7701(b)(2)(A) of title 5, United States Code, is amended by striking upon the making of the decision and inserting upon making of the decision, necessary to make the employee whole as if there had been no prohibited personnel practice, including training, seniority, and promotions consistent with the employee’s prior record . (2) Application In addition to any appeal made on or after the date of enactment of this Act to the Merit Systems Protection Board under section 7701 of title 5, United States Code, the amendment made by paragraph (1) shall apply to any appeal made under such section before the date of enactment of this Act with respect to which the Board has not issued a final decision. 813. Classifying certain furloughs as adverse personnel actions (a) In general Section 7512 of title 5, United States Code, is amended— (1) in paragraph (4), by striking and at the end; and (2) by striking paragraph (5) and inserting the following: (5) a furlough of more than 14 days but less than 30 days; and (6) a furlough of 13 days or less that is not due to a lapse in appropriations; . (b) Application The amendment made by subsection (a) shall apply to any furlough covered by paragraph (5) or (6) of section 7512 of title 5, United States Code, as amended by such subsection, occurring on or after the date of enactment of this Act. 814. Codification of protections for disclosures of censorship related to research, analysis, or technical information (a) In general Section 2302 of title 5, United States Code, as amended by section 811(c)(1), is further amended by adding at the end the following: (h) (1) In this subsection— (A) the term applicant means an applicant for a covered position; (B) the term censorship related to research, analysis, or technical information means any effort to distort, misrepresent, or suppress research, analysis, or technical information; and (C) the term employee means an employee in a covered position in an agency. (2) (A) Any disclosure of information by an employee or applicant for employment that the employee or applicant reasonably believes is evidence of censorship related to research, analysis, or technical information— (i) shall come within the protections of subsection (b)(8)(A) if— (I) the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause— (aa) any violation of law, rule, or regulation; or (bb) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and (II) such disclosure is not specifically prohibited by law or such information is not specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs; and (ii) shall come within the protections of subsection (b)(8)(B) if— (I) the employee or applicant reasonably believes that the censorship related to research, analysis, or technical information is or will cause— (aa) any violation of law, rule, or regulation; or (bb) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and (II) the disclosure is made to the Special Counsel, or to the Inspector General of an agency or another person designated by the head of the agency to receive such disclosures, consistent with the protection of sources and methods. (3) A disclosure shall not be excluded from paragraph (2) for any reason described under paragraph (1) or (2) of subsection (f). (4) Nothing in this subsection shall be construed to imply any limitation on the protections of employees and applicants afforded by any other provision of law, including protections with respect to any disclosure of information believed to be evidence of censorship related to research, analysis, or technical information. . (b) Repeal (1) In general Section 110 of the Whistleblower Protection Enhancement Act of 2012 ( 5 U.S.C. 2302 note) is hereby repealed. (2) Rule of construction Nothing in this section shall be construed to limit or otherwise affect any action under section 110 of the Whistleblower Protection Enhancement Act of 2012 ( 5 U.S.C. 2302 note) commenced before the date of enactment of this Act or any protections afforded by such section with respect to such action. 815. Title 5 technical and conforming amendments Title 5, United States Code, is amended— (1) in section 1212(h), by striking or (9) each place it appears and inserting , (b)(9), (b)(13), or (g) ; (2) in section 1214— (A) in subsections (a) and (b), by striking section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) each place it appears and inserting section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g) ; and (B) in subsection (i), by striking section 2302(b)(8) or subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9) and inserting section 2302(b)(8), subparagraph (A)(i), (B), (C), (D), or (E) of section 2302(b)(9), section 2302(b)(13), or section 2302(g) ; (3) in section 1215(a)(3)(B), by striking section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D) each place it appears and inserting section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g) ; (4) in section 2302— (A) in subsection (a)— (i) in paragraph (1), by inserting or (g) after subsection (b) ; and (ii) in paragraph (2)(C)(i), by striking subsection (b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) and inserting section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g) ; and (B) in subsection (c)(1)(B), by striking paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of subsection (b) and inserting paragraph (8), subparagraph (A)(i), (B), (C), or (D) of paragraph (9), or paragraph (13), of subsection (b), or subsection (g) ; (5) in section 7515(a)(2), by striking paragraph (8), (9), or (14) of section 2302(b) and inserting paragraph (8), (9), (13), or (14) of section 2302(b) or section 2302(g) ; (6) in section 7701(c)(2)(B), by inserting or section 2302(g) after section 2302(b) ; and (7) in section 7703(b)(1)(B), by striking section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D) and inserting section 2302(b)(8), section 2302(b)(9)(A)(i), (B), (C), (D), or (E), section 2302(b)(13), or section 2302(g) . B Whistleblowers of the Intelligence Community 821. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints (a) In general Title XII of the National Security Act of 1947, as added by section 711 , is further amended by inserting after section 1205, as added by section 713(c) , the following new subtitle: B Protections for Whistleblowers 1223. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints (a) Whistleblower disclosure information defined In this section, the term whistleblower disclosure information means, with respect to a whistleblower disclosure— (1) the disclosure; (2) confirmation of the fact of the existence of the disclosure; or (3) the identity, or other identifying information, of the whistleblower who made the disclosure. (b) In general It shall be unlawful for any employee or officer of the Federal Government to knowingly and willfully share any whistleblower disclosure information with any individual named as a subject of the whistleblower disclosure and alleged in the disclosure to have engaged in misconduct, unless— (1) the whistleblower consented, in writing, to such sharing before the sharing occurs; (2) a covered Inspector General to whom such disclosure is made— (A) determines that such sharing is necessary to advance an investigation, audit, inspection, review, or evaluation by the Inspector General; and (B) notifies the whistleblower of such sharing before the sharing occurs; or (3) an attorney for the Government— (A) determines that such sharing is necessary to advance an investigation by the attorney; and (B) notifies the whistleblower of such sharing before the sharing occurs. . (b) Technical and clerical amendments (1) Transfer The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended as follows: (A) Section 1104 is— (i) transferred to title XII of such Act, as added by section 711; (ii) inserted before section 1223 of such Act, as added by this section; and (iii) redesignated as section 1221. (B) Section 1106 is— (i) amended by striking section 1104 each place it appears and inserting section 1221 ; (ii) transferred to title XII of such Act, as added by section 711; (iii) inserted after section 1223 of such Act, as added by this section; and (iv) redesignated as section 1225. (2) Clerical amendments The table of sections at the beginning of the National Security Act of 1947 is amended— (A) by striking the items relating to section 1104 and section 1106; and (B) by inserting after the item relating to section 1205 the following new items: Subtitle B—Protections for Whistleblowers Sec. 1221. Prohibited personnel practices in the intelligence community. Sec. 1223. Limitation on sharing of intelligence community whistleblower complaints with persons named in such complaints. Sec. 1225. Inspector General external review panel. . (c) Definitions Section 3 of such Act ( 50 U.S.C. 3003 ), as amended by section 711 , is further amended by adding at the end the following new paragraphs: (9) The term whistleblower means a person who makes a whistleblower disclosure. (10) The term whistleblower disclosure means a disclosure that is protected under section 1221 of this Act or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j) ). . (d) Conforming amendment Section 5331 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92 ; 50 U.S.C. 3033 note) is amended by striking section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) and inserting section 1221 of the National Security Act of 1947 . 822. Disclosures to Congress (a) In general Title XII of the National Security Act of 1947, as added by section 711 , is further amended by inserting after section 1225, as designated by section 821(b) , the following new section: 1227. Procedures regarding disclosures to Congress (a) Guidance (1) Obligation to provide security direction upon request Upon the request of a whistleblower, the head of the relevant element of the intelligence community, acting through the covered Inspector General for that element, shall furnish on a confidential basis to the whistleblower information regarding how the whistleblower may directly contact the congressional intelligence committees, in accordance with appropriate security practices, regarding a complaint or information of the whistleblower pursuant to section 103H(k)(5)(D) or other appropriate provision of law. (2) Nondisclosure Unless a whistleblower who makes a request under paragraph (1) provides prior consent, a covered Inspector General may not disclose to the head of the relevant element of the intelligence community— (A) the identity of the whistleblower; or (B) the element at which such whistleblower is employed, detailed, or assigned as a contractor employee. (b) Oversight of obligation If a covered Inspector General determines that the head of an element of the intelligence community denied a request by a whistleblower under subsection (a), directed the whistleblower not to contact the congressional intelligence committees, or unreasonably delayed in providing information under such subsection, the covered Inspector General shall notify the congressional intelligence committees of such denial, direction, or unreasonable delay. (c) Permanent security officer The head of each element of the intelligence community may designate a permanent security officer in the element to provide to whistleblowers the information under subsection (a). . (b) Clerical amendment The table of sections at the beginning of the National Security Act of 1947 is amended by inserting after the item relating to section 1225, as added by section 821(b) , the following new item: Sec. 1227. Procedures regarding disclosures to Congress. . (c) Conforming amendment Section 103H(k)(5)(D)(i) of the National Security Act of 1947 ( 50 U.S.C. 3033(k)(5)(D)(i) ) is amended by adding at the end the following: The employee may request information pursuant to section 1227 with respect to contacting such committees. . 823. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community (a) In general Paragraph (3) of subsection (a) of section 1221 of the National Security Act of 1947, as designated by section 821(b)(1)(A) , is amended— (1) in subparagraph (I), by striking ; or and inserting a semicolon; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of such employee or such contractor employee without the express written consent of such employee or such contractor employee or if the Inspector General determines such disclosure is necessary for the exclusive purpose of investigating a complaint or information received under section 8H of the Inspector General Act of 1978 ( 5 U.S.C. App. 8H ); or . (b) Applicability to detailees Such subsection is amended by adding at the end the following: (5) Employee The term employee , with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element. . (c) Private right of action for unlawful disclosure of whistleblower identity Subsection (d) of such section is amended to read as follows: (d) Enforcement (1) In general Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Private right of action for unlawful, willful disclosure of whistleblower identity In a case in which an employee of an agency, or other employee or officer of the Federal Government, takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection (b) or in a case in which a contractor employee takes a personnel action described in such subsection against another contractor employee as a reprisal in violation of subsection (c), the employee or contractor employee against whom the personnel action was taken may bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, against the employee or contractor employee who took the personnel action, in a Federal district court of competent jurisdiction within 180 days of when the employee or contractor employee first learned of or should have learned of the violation. . IX Accountability for Acting Officials 901. Short title This title may be cited as the Accountability for Acting Officials Act . 902. Clarification of Federal Vacancies Reform Act of 1998 (a) Eligibility requirements Section 3345 of title 5, United States Code, is amended as follows: (1) In subsection (a)— (A) in paragraph (1), by adding before the semicolon at the end the following: , but, and except as provided in subsection (e), only if the individual serving in the position of first assistant has occupied such position for a period of at least 30 days during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve of the applicable officer ; and (B) by striking subparagraph (A) of paragraph (3) and inserting the following: (A) the officer or employee served in a position in such agency for a period of at least 1 year preceding the date of death, resignation, or beginning of inability to serve of the applicable officer; and . (2) By adding at the end the following: (d) For purposes of this section, a position shall be considered to be the first assistant to the office with respect to which a vacancy occurs only if such position has been designated, at least 30 days before the date of the vacancy, by law, rule, or regulation as the first assistant position. The previous sentence shall begin to apply on the date that is 180 days after the date of enactment of the Accountability for Acting Officials Act. (e) The 30-day service requirement in subsection (a)(1) shall not apply to any individual who is a first assistant if— (1) (A) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and (B) the Senate has approved the appointment of such individual to such office; or (2) the individual began serving in the position of first assistant during the 180-day period beginning on a transitional inauguration day (as that term is defined in section 3349a(a)). . (b) Qualifications Section 3345(b) of title 5, United States Code, is amended by adding at the end the following: (3) Any individual directed to perform the functions and duties of the vacant office temporarily in an acting capacity under subsection (a)(2) or (f) shall possess the qualifications (if any) set forth in law, rule, or regulation that are otherwise applicable to an individual appointed by the President, by and with the advice and consent of the Senate, to occupy such office. . (c) Application to individuals removed from office Paragraph (2) of section 3345(c) of title 5, United States Code, is amended by inserting after the expiration of a term of office the following: or removal (voluntarily or involuntarily) from office . (d) Vacancy of Inspector General positions (1) In general Section 3345 of title 5, United States Code, as amended by subsection (a)(2), is further amended by adding at the end the following: (f) (1) Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant of such position shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346. (2) Notwithstanding subsection (a), if, for purposes of carrying out paragraph (1) of this subsection, by reason of absence, disability, or vacancy, the first assistant to the position of Inspector General is not available to perform the functions and duties of the Inspector General, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General, provided that— (A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable Inspector General, the individual served in a position in an office of any Inspector General for not less than 90 days; and (B) the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule. . (2) Application The amendment made by paragraph (1) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act. (e) Testimony of acting officials before Congress Section 3345 of title 5, United States Code, as amended by subsection (d)(1), is further amended by adding at the end the following: (g) (1) Any individual serving as an acting officer due to a vacancy to which this section applies, or any individual who has served in such capacity and continues to perform the same or similar duties beyond the time limits described in section 3346, shall appear, at least once during any 60-day period that the individual is so serving, before the appropriate committees of jurisdiction of the Senate and the House of Representatives. (2) Paragraph (1) may be waived upon mutual agreement of the chairs and ranking members of such committees. . (f) Time limitation for principal offices Section 3346 of title 5, United States Code, is amended— (1) in subsection (a), by inserting or as provided in subsection (d) after sickness ; and (2) by adding at the end the following: (d) With respect to the vacancy of the position of head of any agency listed in section 901(b) of title 31 (or of any other Executive department) and to which this section applies, subsections (a) through (c) of this section and sections 3348(c), 3349(b), and 3349a(b) shall be applied by substituting 120 for 210 in each instance. . (g) Exclusivity Section 3347 of title 5, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Notwithstanding subsection (a), any statutory provision covered under paragraph (1) of such subsection that contains a non-discretionary order or directive to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity shall be the exclusive means for temporarily authorizing an acting official to perform the functions and duties of such office. . (h) Reporting of vacancies (1) In general Section 3349 of title 5, United States Code, is amended— (A) in subsection (a)— (i) by striking immediately upon in each instance and inserting not later than 7 days after ; (ii) in paragraph (3), by striking and at the end; (iii) in paragraph (4), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (5) notification of the end of the term of service of any person serving in an acting capacity and the name of any subsequent person serving in an acting capacity and the date the service of such subsequent person began not later than 7 days after such date. ; and (B) in subsection (b), by striking immediately and inserting not later than 14 days after the date of such determination . (2) Technical corrections Paragraphs (1) and (2) of subsection (b) of section 3349 of title 5, United States Code, are amended to read as follows: (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on Oversight and Reform of the House of Representatives; . (i) Vacancies during presidential inaugural transitions Section 3349a(b) of title 5, United States Code, is amended to read as follows: (b) Notwithstanding section 3346 (except as provided in paragraph (2) of this subsection) or 3348(c), with respect to any vacancy that exists on a transitional inauguration day, or that arises during the 60-day period beginning on such day, the person serving as an acting officer as described under section 3345 may serve in the office— (1) for no longer than 300 days beginning on such day; or (2) subject to section 3346(b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate. . X Strengthening Hatch Act Enforcement and Penalties 1001. Short title This title may be cited as the Hatch Act Accountability Act . 1002. Strengthening Hatch Act enforcement and penalties against political appointees (a) Investigations by Office of Special Counsel Section 1216 of title 5, United States Code, as amended by section 307, is amended— (1) in subsection (c), by striking (1), ; and (2) by adding at the end the following: (e) (1) In addition to the authority otherwise provided in this chapter, the Special Counsel may, regardless of whether the Special Counsel has received an allegation, conduct any investigation as the Special Counsel considers necessary concerning political activity prohibited under such subchapter. (2) With respect to any investigation under paragraph (1), the Special Counsel may seek corrective action under section 1214 and disciplinary action under section 1215 in the same way as if a prohibited personnel practice were involved. (f) (1) Notwithstanding section 1215(b), consistent with paragraph (3) of this subsection, if, after an investigation under subsection (d)(1), the Special Counsel determines that a political appointee has violated section 7323 or 7324, the Special Counsel may present a complaint to the Merit Systems Protection Board under the process provided in section 1215, against such political appointee. (2) Notwithstanding section 7326, a final order of the Board on a complaint of a violation of section 7323 or 7324 by a political appointee may impose an assessment of a civil penalty not to exceed $50,000. (3) The Special Counsel may not present a complaint under paragraph (1) of this subsection— (A) unless no disciplinary action or civil penalty has been taken or assessed, respectively, against the political appointee pursuant to section 7326; and (B) until on or after the date that is 90 days after the date that the complaint regarding the political appointee was presented to the President under section 1215(b), notwithstanding whether the President submits a written statement pursuant to paragraph (4) of this subsection. (4) (A) Not later than 90 days after receiving from the Special Counsel a complaint recommending disciplinary action under section 1215(b) with respect to a political appointee for a violation of section 7323 or 7324, the President shall provide a written statement to the Special Counsel on whether the President imposed the recommended disciplinary action, imposed another form of disciplinary action and the nature of that disciplinary action, or took no disciplinary action against the political appointee. (B) Not later than 14 days after receiving a written statement under subparagraph (A) of this paragraph— (i) the Special Counsel shall submit the written statement to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives; and (ii) publish the written statement on the public website of the Office of Special Counsel. (5) Not later than 14 days after the date that the Special Counsel determines a political appointee has violated section 7323 or 7324, the Special Counsel shall— (A) submit a report on the investigation into such political appointee, and any communications sent from the Special Counsel to the President recommending discipline of such political appointee, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives; and (B) publish the report and such communications on the public website of the Office of Special Counsel. (6) In this subsection, the term political appointee means any individual, other than the President and the Vice-President, employed or holding office— (A) in the Executive Office of the President, the Office of the Vice President, and any other office of the White House, but not including any career employee; or (B) in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States). . (b) Clarification on application of Hatch Act to EOP and OVP employees Section 7322(1)(A) of title 5, United States Code, is amended by inserting after Executive agency the following: , including the Executive Office of the President, the Office of the Vice President, and any other office of the White House, . XI Promoting Efficient Presidential Transitions 1101. Short title This title may be cited as the Efficient Transition Act of 2021 . 1102. Ascertainment of successful candidates in general elections for purposes of presidential transition (a) In general Section 3(c) of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— (1) by striking The terms and inserting (1) The terms ; and (2) by adding at the end the following: (2) The Administrator shall make the ascertainment under paragraph (1) as soon as practicable after the general elections. (3) If the Administrator does not make such ascertainment within 5 days after such elections, each eligible candidate (as defined in subsection (h)(4)) shall be treated as if the eligible candidate is the apparent successful candidate for purposes of this Act until the Administrator makes the ascertainment or until the House of Representatives and the Senate certify the results of the elections, whichever occurs first. . (b) Regulations Not later than 270 days after the date of enactment of this Act, the Administrator of General Services shall promulgate regulations that establish standards and procedures to be followed by the Administrator in making an ascertainment under section 3(c) of the Presidential Transition Act of 1963 ( 3 U.S.C. 102 note), as amended by subsection (a). XII Presidential and Vice Presidential Tax Transparency 1201. Presidential and Vice Presidential tax transparency (a) Definitions In this section— (1) The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President. (2) The term income tax return means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of— (A) such individual, other than information returns issued to persons other than such individual; or (B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary). (3) The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (4) The term Secretary means the Secretary of the Treasury or the delegate of the Secretary. (b) Disclosure (1) In general (A) Candidates for President and Vice President Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (B) President and Vice President With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the taxable year and for the 9 preceding taxable years. (C) Transition rule for sitting Presidents and Vice Presidents Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (2) Failure to disclose If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return. (3) Publicly available The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section). (4) Treatment as a report under the Federal Election Campaign Act of 1971 For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971. (c) Disclosure of returns of Presidents and Vice Presidents and certain candidates for President and Vice President (1) In general Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information of Presidents and Vice Presidents and certain candidates for President and Vice President (A) In general Upon written request by the chairman of the Federal Election Commission under section 1201(b)(2) of the Protecting Our Democracy Act, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph. (B) Disclosure to the public (i) In general The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A). (ii) Redaction of certain information Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers. . (2) Conforming amendments Section 6103(p)(4) of such Code is amended— (A) in the matter preceding subparagraph (A) by striking or (22) and inserting (22), or (23) ; and (B) in subparagraph (F)(ii) by striking or (22) and inserting (22), or (23) . (3) Effective date The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act. C Defending Elections Against Foreign Interference XIII Reporting Foreign Interference in Elections 1301. Federal campaign reporting of foreign contacts (a) Initial notice (1) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended by adding at the end the following new subsection: (j) Disclosure of reportable foreign contacts (1) Committee obligation to notify Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives written or electronic confirmation of receipt of the notification. (2) Individual obligation to notify Not later than 3 days after a reportable foreign contact— (A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and (B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. (3) Reportable foreign contact In this subsection: (A) In general The term reportable foreign contact means any direct or indirect contact or communication that— (i) is between— (I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and (II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and (ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves— (I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or (II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election. (B) Exceptions (i) Contacts in official capacity as elected official The term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. (ii) Contacts for purposes of enabling observation of elections by international observers The term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. (iii) Exceptions not applicable if contacts or communications involve prohibited disbursements A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. (C) Covered foreign national defined (i) In general In this paragraph, the term covered foreign national means— (I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) )) that is a government of a foreign country or a foreign political party; (II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or (III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I). (ii) Clarification regarding application to citizens of the United States In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in subclause (I) of clause (i). (4) Immediate family member In this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information included on report (1) In general Section 304(b) of such Act ( 52 U.S.C. 30104(b) ) is amended— (A) by striking and at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) for any reportable foreign contact (as defined in subsection (j)(3))— (A) the date, time, and location of the contact; (B) the date and time of when a designated official of the committee was notified of the contact; (C) the identity of individuals involved; and (D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved. . (2) Effective date The amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. 1302. Federal campaign foreign contact reporting compliance system (a) In general Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Reportable foreign contacts compliance policy (1) Reporting Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. (2) Retention and preservation of records Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. (3) Certification (A) In general Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that— (i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); (ii) the committee has designated an official to monitor compliance with such policies; and (iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will— (I) receive notice of such policies; (II) be informed of the prohibitions under section 319; and (III) sign a certification affirming their understanding of such policies and prohibitions. (B) Authorized committees With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A). . (b) Effective date (1) In general The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103(a) ) on or after the date of the enactment of this Act. (2) Transition rule for existing committees Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). 1303. Criminal penalties Section 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ) is amended by adding at the end the following new subparagraphs: (E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. (F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both. . 1304. Report to congressional intelligence committees (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 1301(a) of this Act). (b) Elements Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional intelligence committees defined In this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). 1305. Rule of construction Nothing in this title or the amendments made by this title shall be construed— (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who— (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ). XIV Eliminating Foreign Interference in Elections 1401. Clarification of application of foreign money ban (a) Clarification of treatment of provision of certain information as contribution or donation of a thing of value Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Clarification of treatment of provision of certain information as contribution or donation of a thing of value For purposes of this section, a contribution or donation of money or other thing of value includes the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, regardless of whether such research, polling, or information has monetary value, except that nothing in this subsection shall be construed to treat the mere provision of an opinion about a candidate as a thing of value for purposes of this section. . (b) Clarification of application of foreign money ban to all contributions and donations of things of value and to all solicitations of contributions and donations of things of value Section 319(a) of such Act ( 52 U.S.C. 30121(a) ) is amended— (1) in paragraph (1)(A), by striking promise to make a contribution or donation and inserting promise to make such a contribution or donation ; (2) in paragraph (1)(B), by striking donation and inserting donation of money or other thing of value, or to make an express or implied promise to make such a contribution or donation, ; and (3) by amending paragraph (2) to read as follows: (2) a person to solicit, accept, or receive (directly or indirectly) a contribution or donation described in subparagraph (A) or (B) of paragraph (1), or to solicit, accept, or receive (directly or indirectly) an express or implied promise to make such a contribution or donation, from a foreign national. . (c) Enhanced penalty for certain violations (1) In general Section 309(d)(1) of such Act ( 52 U.S.C. 30109(d)(1) ), as amended by section 1303, is further amended by adding at the end the following new subparagraph: (G) (i) Any person who knowingly and willfully commits a violation of section 319 which involves a foreign national which is a government of a foreign country or a foreign political party, or which involves a thing of value consisting of the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. (ii) In clause (i), each of the terms government of a foreign country and foreign political party has the meaning given such term in section 1 of the Foreign Agents Registration Act of 1938, as Amended ( 22 U.S.C. 611 ). . (2) Effective date The amendment made by paragraph (1) shall apply with respect to violations committed on or after the date of the enactment of this Act. 1402. Requiring acknowledgment of foreign money ban by political committees (a) Provision of information by Federal Election Commission Section 303 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103 ) is amended by adding at the end the following new subsection: (e) Acknowledgment of foreign money ban (1) Notification by Commission Not later than 30 days after a political committee files its statement of organization under subsection (a), and biennially thereafter until the committee terminates, the Commission shall provide the committee with a written explanation of section 319. (2) Acknowledgment by committee (A) In general Not later than 30 days after receiving the written explanation of section 319 under paragraph (1), the committee shall transmit to the Commission a signed certification that the committee has received such written explanation and has provided a copy of the explanation to all members, employees, contractors, and volunteers of the committee. (B) Person responsible for signature The certification required under subparagraph (A) shall be signed— (i) in the case of an authorized committee of a candidate, by the candidate; or (ii) in the case of any other political committee, by the treasurer of the committee. . (b) Effective date; transition for existing committees (1) In general The amendment made by subsection (a) shall apply with respect to political committees which file statements of organization under section 303 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103 ) on or after the date of the enactment of this Act. (2) Transition for existing committees (A) Notification by Federal Election Commission Not later than 90 days after the date of the enactment of this Act, the Federal Election Commission shall provide each political committee under such Act with the written explanation of section 319 of such Act, as required under section 303(e)(1) of such Act (as added by subsection (a)). (B) Acknowledgment by committee Not later than 30 days after receiving the written explanation under subparagraph (A), each political committee under such Act shall transmit to the Federal Election Commission the signed certification, as required under section 303(e)(2) of such Act (as added by subsection (a)). D Severability XV Severability 1501. Severability If any provision of this Act or any amendment made by this Act, or the application of a provision of this Act or an amendment made by this Act to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s2921is/xml/BILLS-117s2921is.xml |
117-s-2922 | II 117th CONGRESS 1st Session S. 2922 IN THE SENATE OF THE UNITED STATES September 30, 2021 Ms. Duckworth (for herself, Ms. Hirono , Ms. Klobuchar , Ms. Rosen , Mr. Blumenthal , Mr. King , Mrs. Gillibrand , Mr. Bennet , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a commission to study the war in Afghanistan.
1. Short title This Act may be cited as the Afghanistan War Commission Act of 2021 . 2. Definitions In this Act: (1) Applicable period The term applicable period means the period beginning June 1, 2001, and ending August 30, 2021. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Armed Services of the House of Representatives; (E) the Committee on Foreign Affairs of the House of Representatives; and (F) the Permanent Select Committee on Intelligence of the House of Representatives. (3) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). 3. Establishment of Commission (a) Establishment There is established the Afghanistan War Commission (in this Act referred to as the Commission ). (b) Membership (1) Composition The Commission shall be composed of 13 members of whom— (A) 1 shall be appointed by the President; (B) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) 1 shall be appointed by the ranking member of the Committee on Armed Services of the Senate; (D) 1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; (E) 1 shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives; (F) 1 shall be appointed by the Chairman of the Committee on Foreign Relations of the Senate; (G) 1 shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate; (H) 1 shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives; (I) 1 shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives; (J) 1 shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate; (K) 1 shall be appointed by the ranking member of the Select Committee on Intelligence of the Senate; (L) 1 shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives; and (M) 1 shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives. (2) Qualifications It is the sense of Congress that each member of the Commission appointed under paragraph (1) should have significant professional experience from a position in— (A) the Department of Defense; (B) the Department of State; (C) the intelligence community; or (D) the United States Agency for International Development. (3) Prohibitions A member of the Commission appointed under paragraph (1) may not— (A) be a current or former member of Congress; (B) have served in military or civilian positions having significant operational or strategic responsibilities in Afghanistan during the applicable period; or (C) have been a party to any United States or coalition defense contract during the applicable period. (4) Date The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (c) Period of appointment; vacancies (1) In general A member of the Commission shall be appointed for the life of the Commission. (2) Vacancies A vacancy in the Commission— (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment. (d) Meetings (1) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (2) Frequency The Commission shall meet at the call of the Chairperson. (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Chairperson and Vice Chairperson The Commission shall select a Chairperson and a Vice Chairperson from among the members of the Commission. 4. Purpose of Commission The purpose of the Commission is to examine the war in Afghanistan, create strategic and grand strategic lessons learned, and develop recommendations for the Government of the United States and future policymakers and senior military decision makers in the United States. 5. Duties of Commission (a) Study (1) In general The Commission shall conduct a thorough study of all matters relating to combat operations, reconstruction and security force assistance activities, intelligence operations, and diplomatic activities of the United States pertaining to the war in Afghanistan. (2) Matters Studied The matters studied by the Commission shall include— (A) the activities and actions of the United States immediately prior to the attacks on September 11, 2001, and during the initial invasion of Afghanistan by the United States; (B) the resurgence of the Taliban during the applicable period; (C) the transition to security force assistance and counter-terrorism operations in Afghanistan; (D) peace negotiations involving the United States, the Islamic Republic of Afghanistan, and the Taliban; and (E) the withdrawal of the United States military from Afghanistan. (3) Contents The study required under paragraph (1) shall include the following elements: (A) An analysis of the political and strategic decisions that influenced— (i) interactions of the Government of the United States with the Government of Afghanistan; (ii) the strategic objectives of the war during the applicable period; (iii) the number of members of the Armed Services in Afghanistan during the applicable period; and (iv) measures of effectiveness used for measuring progress towards strategic objectives. (B) A statement addressing the military, diplomatic, and intelligence interactions of the United States with Pakistan during the applicable period. (C) An examination of the participation in the war in Afghanistan by member states of the North Atlantic Treaty Organization. (D) An examination of the long-term impact of the war in Afghanistan on government institutions in the United States. (E) A description of any other matters that the Commission determines significantly affected the conduct and the outcome of the war in Afghanistan. (F) Recommendations for legislation and administrative actions to address any mistakes in the conduct of the war in Afghanistan identified by the Commission. (b) Report required (1) In general (A) Annual report Not later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report describing the progress of the Commission. (B) Final report Not later than 4 years after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a report that contains a detailed statement of the findings and conclusions of the Commission, together with the recommendations of the Commission. (2) Form The report required by paragraph (1)(B) shall be submitted and publicly released on a Government website in unclassified form but may contain a classified annex. 6. Powers of Commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Assistance from Federal agencies (1) Information (A) In general The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this Act. (B) Furnishing information On request of the Chairperson of the Commission, the head of the department or agency shall expeditiously furnish the information to the Commission. (2) General services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services and office space necessary for the Commission to carry out its purposes and functions under this Act. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. 7. Commission personnel matters (a) Compensation of members A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (b) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The Chairperson, in consultation with the Vice Chairperson of the Commission, 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 Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission. (2) Qualifications for personnel The Chairperson and the Vice Chairperson of the Commission shall give preference in such appointments under paragraph (1) to individuals from academic backgrounds, and former military personnel should include representation from the reserve components. (3) Compensation The Chairperson, in consultation with the Vice Chairperson of the Commission, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of government employees A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chairperson, in consultation with the Vice Chairperson of the Commission, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. 8. Termination of Commission The Commission shall terminate 90 days after the date on which the Commission submits the report required under section 5(b). 9. Authorization of appropriations (a) In general There is authorized to be appropriated to the Commission such amounts as necessary to carry out activities under this Act. (b) Availability Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until the date of the termination of the Commission under section 8. | https://www.govinfo.gov/content/pkg/BILLS-117s2922is/xml/BILLS-117s2922is.xml |
117-s-2923 | 117th CONGRESS 1st Session S. 2923 IN THE SENATE OF THE UNITED STATES AN ACT To improve the Fishery Resource Disaster Relief program of the National Marine Fisheries Service, and for other purposes.
1. Short title This Act may be cited as the Fishery Resource Disasters Improvement Act . 2. Fishery resource disaster relief Section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) ) is amended to read as follows: (a) Fishery resource disaster relief (1) Definitions In this subsection: (A) Allowable cause The term allowable cause means a natural cause, discrete anthropogenic cause, or undetermined cause. (B) Anthropogenic cause The term anthropogenic cause means an anthropogenic event, such as an oil spill or spillway opening— (i) that could not have been addressed or prevented by fishery management measures; and (ii) that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats. (C) Fishery resource disaster The term fishery resource disaster means a disaster that is determined by the Secretary in accordance with this subsection and— (i) is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue or subsistence loss due to an allowable cause; and (ii) does not include— (I) reasonably predictable, foreseeable, and recurrent fishery cyclical variations in species distribution or stock abundance; or (II) reductions in fishing opportunities resulting from conservation and management measures taken pursuant to this Act. (D) Indian tribe The term Indian Tribe has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ), and the term Tribal means of or pertaining to such an Indian tribe. (E) Natural cause The term natural cause — (i) means a weather, climatic, hazard, or biology-related event, such as— (I) a hurricane; (II) a flood; (III) a harmful algal bloom; (IV) a tsunami; (V) a hypoxic zone; (VI) a drought; (VII) El Niño effects on water temperature; (VIII) a marine heat wave; or (IX) disease; and (ii) does not mean a normal or cyclical variation in a species distribution or stock abundance. (F) 12-month revenue loss The term 12-month revenue loss means the percentage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories. (G) Undetermined cause The term undetermined cause means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster. (2) General authority (A) In general The Secretary shall have the authority to determine the existence, extent, and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection. (B) Availability of funds After the Secretary determines that a fishery resource disaster has occurred, the Secretary is authorized to make sums available, from funds appropriated for such purposes, to be used by the affected State, Tribal government, or interstate marine fisheries commission, or by the Secretary in cooperation with the affected State, Tribal government, or interstate marine fisheries commission. (C) Savings clause The requirements under this subsection shall take effect only with respect to requests for a fishery resource disaster determination submitted after the date of enactment of the Fishery Resource Disasters Improvement Act . (3) Initiation of a fishery resource disaster review (A) Eligible requesters Not later than 1 year after the date of the conclusion of the fishing season, a request for a fishery resource disaster determination may be submitted to the Secretary, if the Secretary has not independently determined that a fishery resource disaster has occurred, by— (i) the Governor of an affected State; (ii) an official Tribal resolution; or (iii) any other comparable elected or politically appointed representative as determined by the Secretary. (B) Required information A complete request for a fishery resource disaster determination under subparagraph (A) shall include— (i) identification of all presumed affected fish stocks; (ii) identification of the fishery as Federal, non-Federal, or both; (iii) the geographical boundaries of the fishery; (iv) preliminary information on causes of the fishery resource disaster, if known; and (v) information needed to support a finding of a fishery resource disaster, including— (I) information demonstrating the occurrence of an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource, which could include the loss of fishing vessels and gear, for a substantial period of time; (II) 12-month revenue loss or subsistence loss for the affected fishery, or if a fishery resource disaster has occurred at any time in the previous 5-year period, the most recent 5 years when no fishery resource disaster occurred; (III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing requirements; and (IV) if applicable and available, information on 12-month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b). (C) Assistance The Secretary may provide data and analysis assistance to an eligible requester described in paragraph (1), if— (i) the assistance is so requested; (ii) the Secretary is in possession of the required information described in subparagraph (B); and (iii) the data is not available to the requester, in carrying out the complete request under subparagraph (B). (D) Initiation of review The Secretary shall have the discretion to initiate a fishery resource disaster review without a request. (4) Review process (A) Interim response Not later than 20 days after receipt of a request under paragraph (3), the Secretary shall provide an interim response to the individual that— (i) acknowledges receipt of the request; (ii) provides a regional contact within the National Oceanographic and Atmospheric Administration; (iii) outlines the process and timeline by which a request shall be considered; and (iv) requests additional information concerning the fishery resource disaster, if the original request is considered incomplete. (B) Evaluation of requests (i) In general The Secretary shall complete a review, within the time frame described in clause (ii), using the best scientific information available, in consultation with the affected fishing communities, States, or Tribes, of— (I) the information provided by the requester and any additional information relevant to the fishery, which may include— (aa) fishery characteristics; (bb) stock assessments; (cc) the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by Federal, State, or Tribal officials; (dd) estimates of mortality; and (ee) overall effects; and (II) the available economic information, which may include an analysis of— (aa) landings data; (bb) revenue; (cc) the number of participants involved; (dd) the number and type of jobs and persons impacted, which may include— (AA) fishers; (BB) charter fishing operators; (CC) subsistence users; (DD) United States fish processors; and (EE) an owner of a related fishery infrastructure or business affected by the disaster, such as a marina operator, recreational fishing equipment retailer, or charter, headboat, or tender vessel owner, operator, or crew; (ee) an impacted Indian Tribe; (ff) other forms of disaster assistance made available to the fishery, including prior awards of disaster assistance for the same event; (gg) the length of time the resource, or access to the resource, has been restricted; (hh) status of recovery from previous fishery resource disasters; (ii) lost resource tax revenues assessed by local communities, such as a raw fish tax; and (jj) other appropriate indicators to an affected fishery, as determined by the National Marine Fisheries Service. (ii) Time frame The Secretary shall complete the review described in clause (i), if the fishing season, applicable to the fishery— (I) has concluded or there is no defined fishing season applicable to the fishery, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination; (II) has not concluded, not later than 120 days after the conclusion of the fishing season; or (III) is expected to be closed for the entire fishing season, not later than 120 days after the Secretary receives a complete request for a fishery resource disaster determination. (C) Fishery resource disaster determination The Secretary shall make the determination of a fishery resource disaster based on the criteria for determinations listed in paragraph (5). (D) Notification Not later than 14 days after the conclusion of the review under this paragraph, the Secretary shall notify the requester and the Governor of the affected State or Tribal representative of the determination of the Secretary. (5) Criteria for determinations (A) In general The Secretary shall make a determination about whether a fishery resource disaster has occurred, based on the revenue loss thresholds under subparagraph (B), and, if a fishery resource disaster has occurred, whether the fishery resource disaster was due to— (i) a natural cause; (ii) an anthropogenic cause; (iii) a combination of a natural cause and an anthropogenic cause; or (iv) an undetermined cause. (B) Revenue loss thresholds (i) In general Based on the information provided or analyzed under paragraph (4)(B), the Secretary shall apply the following 12-month revenue loss thresholds in determining whether a fishery resource disaster has occurred: (I) Losses greater than 80 percent may result in a positive determination that a fishery resource disaster has occurred, based on the information provided or analyzed under paragraph (4)(B). (II) Losses between 35 percent and 80 percent shall be evaluated to determine whether economic impacts are severe enough to declare that a fishery resource disaster has occurred. (III) Losses less than 35 percent shall not be eligible for a determination that a fishery resource disaster has occurred. (ii) Charter fishing In making a determination of whether a fishery resource disaster has occurred, the Secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses. (iii) Subsistence loss In considering subsistence loss, the Secretary shall evaluate the severity of loss to the fishing community instead of applying the revenue loss thresholds described in clause (i). (C) Ineligible fisheries A fishery subject to overfishing in any of the 3 years preceding the date of a determination under this subsection is not eligible for a determination of whether a fishery resource disaster has occurred unless the Secretary determines that overfishing was not a contributing factor to the fishery resource disaster. (D) Exceptional circumstances In an exceptional circumstance where substantial economic impacts to the affected fishery and fishing community have been subject to a disaster declaration under another statutory authority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of protecting life and safety, the Secretary may determine a fishery resource disaster has occurred without a request. (6) Disbursal of appropriated funds (A) Authorization The Secretary shall allocate funds available under paragraph (9) for fishery resource disasters. (B) Allocation of appropriated fishery resource disaster assistance (i) Notification of funding availability When there are appropriated funds for 1 or more fishery resource disasters, the Secretary shall notify— (I) the public; and (II) representatives of affected fishing communities with a positive disaster determination that is unfunded; of the availability of funds, not more than 14 days after the date of the appropriation or the determination of a fishery resource disaster, whichever occurs later. (ii) Extension of deadline The Secretary may extend the deadline under clause (i) by 90 days to evaluate and make determinations on eligible requests. (C) Considerations In determining the allocation of appropriations for a fishery resource disaster, the Secretary shall consider commercial, charter, headboat, or seafood processing revenue losses and may consider the following factors: (i) Direct economic impacts. (ii) Uninsured losses. (iii) Losses of subsistence and Tribal ceremonial fishing opportunity. (iv) Losses of recreational fishing opportunity. (v) Aquaculture operations revenue loss. (vi) Direct revenue losses to a fishing community. (vii) Treaty obligations. (viii) Other economic impacts. (D) Spend plans To receive an allocation from funds available under paragraph (9), a requester with an affirmative fishery resource disaster determination shall submit a spend plan to the Secretary, not more than 120 days after receiving notification that funds are available, that shall include the following information, if applicable: (i) Objectives and outcomes, with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses, if applicable. (ii) Statement of work. (iii) Budget details. (E) Regional contact If so requested, the Secretary shall provide a regional contact within the National Oceanic and Atmospheric Administration to facilitate review of spend plans and disbursal of funds. (F) Disbursal of funds (i) Availability Funds shall be made available to grantees not later than 90 days after the date the Secretary receives a complete spend plan. (ii) Method The Secretary may provide an allocation of funds under this subsection in the form of a grant, direct payment, cooperative agreement, loan, or contract. (iii) Eligible uses (I) In general Funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the future, or assist the affected fishing community, and shall prioritize the following uses, which are not in order of priority: (aa) Habitat conservation and restoration and other activities, including scientific research, that reduce adverse impacts to the fishery or improve understanding of the affected species or its ecosystem. (bb) The collection of fishery information and other activities that improve management of the affected fishery. (cc) In a commercial fishery, capacity reduction and other activities that improve management of fishing effort, including funds to offset budgetary costs to refinance a Federal fishing capacity reduction loan or to repay the principal of a Federal fishing capacity reduction loan. (dd) Developing, repairing, or improving fishery-related public infrastructure. (ee) Direct assistance to a person, fishing community (including assistance for lost fisheries resource levies), or a business to alleviate economic loss incurred as a direct result of a fishery resource disaster, particularly when affected by a circumstance described in paragraph (5)(D). (ff) Hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock. (II) Displaced fishery employees Where appropriate, individuals carrying out the activities described in items (aa) through (dd) of subclause (I) shall be individuals who are, or were, employed in a commercial, charter, or Tribal fishery for which the Secretary has determined that a fishery resource disaster has occurred. (7) Limitations (A) Federal share (i) In general Except as provided in clauses (ii) and (iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity. (ii) Waiver The Secretary may waive the non-Federal share requirements of this subsection, if the Secretary determines that— (I) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and (II) the probable benefit of 100 percent Federal financing outweighs the public interest in imposition of the non-Federal share requirement. (iii) Exception The Federal share shall be equal to 100 percent in the case of— (I) direct assistance as described in paragraph (6)(F)(iii)(I)(ee); or (II) assistance to subsistence or Tribal fisheries. (B) Limitations on administrative expenses (i) Federal Not more than 3 percent of the funds available under this subsection may be used for administrative expenses by the National Oceanographic and Atmospheric Administration. (ii) State or tribal governments Of the funds remaining after the use described in clause (i), not more than 5 percent may be used by States, Tribal governments, or interstate marine fisheries commissions for administrative expenses. (C) Fishing capacity reduction program (i) In general No funds available under this subsection may be used as part of a fishing capacity reduction program in a fishery unless the Secretary determines that adequate conservation and management measures are in place in such fishery. (ii) Assistance conditions As a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program, the Secretary shall— (I) prohibit the vessel from being used for fishing in Federal, State, or international waters; and (II) require that the vessel be— (aa) scrapped or otherwise disposed of in a manner approved by the Secretary; (bb) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or (cc) used for another non-fishing purpose provided the Secretary determines that adequate measures are in place to ensure that the vessel cannot reenter any fishery anywhere in the world. (D) No fishery endorsement (i) In general A vessel that is prohibited from fishing under subparagraph (C)(ii)(I) shall not be eligible for a fishery endorsement under section 12113(a) of title 46, United States Code. (ii) Noneffective A fishery endorsement for a vessel described in clause (i) shall not be effective. (iii) No sale A vessel described in clause (i) shall not be sold to a foreign owner or reflagged. (8) Public information on data collection The Secretary shall make available and update as appropriate, information on data collection and submittal best practices for the information described in paragraph (4)(B). (9) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $377,000,000 for the period of fiscal years 2021 through 2026. . 3. Magnuson-Stevens Fishery Conservation and Management Act (a) Repeal Section 315 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1864 ) is repealed. (b) Report Section 113(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 460ss note) is amended— (1) in the paragraph heading, by striking Annual report and inserting Report ; (2) in the matter preceding subparagraph (A), by striking Not later than 2 years after the date of enactment of this Act, and annually thereafter and inserting Not later than 2 years after the date of enactment of the Fishery Resource Disasters Improvement Act , and biennially thereafter ; and (3) in subparagraph (D), by striking the calendar year 2003 and inserting the most recent . 4. Interjurisdictional Fisheries Act of 1986 (a) Repeal Section 308 of the Interjurisdictional Fisheries Act of 1986 (16. U.S.C. 4107) is repealed. (b) Technical edit Section 3(k)(1) of the Small Business Act ( 15 U.S.C. 632(k)(1) ) is amended by striking (as determined by the Secretary of Commerce under section 308(b) of the Interjurisdictional Fisheries Act of 1986) and inserting (as determined by the Secretary of Commerce under the Fishery Resource Disasters Improvement Act ) . 5. Budget requests; reports (a) Budget request In the budget justification materials submitted to Congress in support of the budget of the Department of Commerce for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of Commerce shall include a separate statement of the amount requested to be appropriated for that fiscal year for outstanding unfunded fishery resource disasters. (b) Driftnet Act Amendments of 1990 report and bycatch reduction agreements (1) In general The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) is amended— (A) in section 202(h), by striking paragraph (3); and (B) in section 206— (i) by striking subsections (e) and (f); and (ii) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively. (2) Biennial report on international compliance Section 607 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826h ) is amended— (A) by inserting (a) In general .— before The Secretary and indenting appropriately; and (B) by adding at the end the following: (b) Additional information In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include— (1) a description of the actions taken to carry out the provisions of section 206 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1826 ), including— (A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action; (B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and (C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; and (2) a description of the actions taken to carry out the provisions of section 202(h) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1822(h) ). (c) Certification If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 ( 22 U.S.C. 1978(a) ). .
Passed the Senate September 30, 2021. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117s2923es/xml/BILLS-117s2923es.xml |
117-s-2924 | II 117th CONGRESS 1st Session S. 2924 IN THE SENATE OF THE UNITED STATES October 4, 2021 Ms. Hassan (for herself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to transmit certain information to personnel of Vet Centers of the Department of Veterans Affairs regarding members of the Armed Forces transitioning from service in the Armed Forces to civilian life, and for other purposes.
1. Short title This Act may be cited as the Vet Center Outreach Act of 2021 . 2. Transmittal of information to Vet Center personnel on members of Armed Forces transitioning from service in Armed Forces to civilian life (a) In general Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1730D. Transmittal of information to Vet Center personnel on members of Armed Forces transitioning from service in Armed Forces to civilian life (a) Transmittal of information Not later than seven days after the date on which a member or former member of the Armed Forces separates from service in the Armed Forces, the Secretary, in consultation with the Secretary of Defense, if necessary, shall transmit the information described in subsection (b) to the personnel of the Vet Center nearest to where the member or former member intends to permanently reside after such separation. (b) Information described The information described in this subsection includes, with respect to the member or former member of the Armed Forces, the following: (1) Name. (2) Armed Force in which the member served. (3) Physical address. (4) Email address. (5) Phone number. (6) Service record. (7) Marital status. (8) Such other information as the Secretary considers relevant, in consultation with the Secretary of Defense and the Chief Officer of the Readjustment Counseling Service of the Veterans Health Administration. (c) Method of transmittal The Secretary shall transmit information under subsection (a) electronically, in the form of an orderly and easily understood list. (d) Receipt of information Information transmitted under subsection (a) shall be received and processed by the Readjustment Counseling Service as the Chief Officer of the Readjustment Counseling Service considers appropriate. (e) Use of information The Secretary shall ensure that information transmitted from the Chief Officer of the Readjustment Counseling Service to Vet Centers is used to contact members and former members of the Armed Forces transitioning from service in the Armed Forces to civilian life not more than 14 days after receipt of the information. (f) Referral to closer Vet Center If it is found, after personnel of a Vet Center contact a member or former member of the Armed Forces transitioning from service in the Armed Forces to civilian life, that another Vet Center is closer to where the member or former lives, the personnel who initially contacted the member or former member shall, only with the consent of the member or former member, directly connect the member or former member to the relevant personnel of the other Vet Center. (g) Vet Center defined In this section, the term Vet Center has the meaning given that term in section 1712A(h) of this title. . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1730C the following new item: 1730D. Transmittal of information to Vet Center personnel on members of Armed Forces transitioning from service in Armed Forces to civilian life. . 3. Provision of information under Transition Assistance Program (a) In general As part of the Transition Assistance Program, the Secretary of Veterans Affairs shall provide to members of the Armed Forces the following information: (1) Instructions on how to locate Vet Centers, with a focus on the location where the members of the Armed Forces may intend to permanently reside after separation from service in the Armed Forces. (2) An explanation how to use services provided through Vet Centers, including the social, emotional, and mental health services offered. (b) Manner of provision The Secretary shall provide the information under subsection (a) during instructor-led classroom and virtual courses. (c) Definitions In this section: (1) Transition Assistance Program The term Transition Assistance Program means the preseparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code. (2) Vet Center The term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2924is/xml/BILLS-117s2924is.xml |
117-s-2925 | II 117th CONGRESS 1st Session S. 2925 IN THE SENATE OF THE UNITED STATES October 4, 2021 Ms. Rosen (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for a strategic plan for the domestic manufacture of necessary medical supplies or supplies needed to facilitate emergency or medical response, and for other purposes.
1. Short title This Act may be cited as the Strategic Planning for Emergency Medical Manufacturing Act . 2. Domestic back-up manufacturing network Title III of the Public Health Service Act is amended by inserting after section 319F–4 of such Act ( 42 U.S.C. 247d–6e ) the following: 319F–5. Domestic back-up manufacturing network (a) In general The Secretary, acting through the Assistant Secretary for Preparedness and Response (referred to in this section as the Assistant Secretary ), shall develop and maintain a network of manufacturers— (1) whose manufacturing facilities are in the United States (including small business concerns, as defined in section 3 of the Small Business Act); (2) who manufacture certain items identified by the Assistant Secretary, which shall primarily be medical supplies or supplies needed to facilitate emergency or medical response; and (3) that have voluntarily opted in for inclusion in such network, in order to provide for the domestic manufacture of necessary supplies during times of emergency or disruption of the usual supply chain. (b) Distribution of network The Assistant Secretary shall make information about the network described in subsection (a) available to States, local governmental entities, Indian Tribes, Tribal organizations, and urban Indian organizations, medical suppliers, hospitals, and other health care providers, as the Assistant Secretary determines appropriate, when critical supply shortfalls are anticipated. (c) Plans developed in conjunction with participating manufacturers Domestic manufacturers opting to participate as described in subsection (a) shall develop, in coordination with the Assistant Secretary, a comprehensive plan that identifies— (1) the items that the manufacturer could produce, which may include— (A) items such manufacturer has current capacity to produce, or the ability to rapidly expand capacity to produce; and (B) information about the manufacturer's general capacity and equipment and willingness to work with the Assistant Secretary to identify other products likely to be needed during an emergency that fit within the manufacturer's operational capabilities; (2) manufacturing capacity, including options for partial operations and full capacity operations, and the time needed to switch from standard product manufacturing to the needed emergency supply; (3) technical assistance needed for production of items needed during times of emergency, such as equipment, staff training, and regulatory compliance, including scope, duration, and the appropriate Federal agency to provide assistance; and (4) the frequency of testing by the manufacturer to ensure that the plan is operational and meets quality metrics and other obligations under Federal purchasing contracts (including with respect to contracts for supplies for the Strategic National Stockpile under section 319F–2) or to meet other requirements determined by the Assistant Secretary. (d) Guidance The Secretary shall issue guidance on the quality standards for items identified by the Assistant Secretary as described in subsection (a)(2), by product type or category, that apply with respect to such items produced by manufacturers included in the network. (e) Coordination with other agencies The Secretary shall coordinate with other Federal agencies to provide contracting opportunities for Federal purchasing of items identified by the Assistant Secretary as described in subsection (a)(2), as such items are needed, provided that such items meet all quality standards and other requirements and are produced as part of an agreement with the Federal Government. (f) Limits on participation; opportunities for consideration (1) Limits The Secretary may limit the number of manufacturers that have active manufacturing plans under subsection (c) and manufacturers that are active participants in the network described in subsection (a), taking into account diversity of product and geography of production facilities. (2) Opportunities for future consideration All manufacturers wishing to participate in such network shall have access to a point of contact within the Office of the Assistant Secretary for Preparedness and Response and, if not included in such network, shall have the option to add their name to a simplified list for future consideration for such participation, unless the Assistant Secretary determines there to be any substantial cause for removal of the manufacturer from such list. . | https://www.govinfo.gov/content/pkg/BILLS-117s2925is/xml/BILLS-117s2925is.xml |
117-s-2926 | II 117th CONGRESS 1st Session S. 2926 IN THE SENATE OF THE UNITED STATES October 4, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require certain entities to disclose to the Secretary of Homeland Security ransom payments, and for other purposes.
1. Disclosure of ransom payments (a) Definitions In this section: (1) Covered entity The term covered entity — (A) means a public or private entity that— (i) is engaged in interstate commerce or an activity affecting interstate commerce; or (ii) receives Federal funds; (B) includes a local government; and (C) does not include an individual. (2) Information system The term information system has the meaning given such term in section 3502 of title 44, United States Code. (3) Ransom The term ransom means money or other thing of value demanded by an actor from a covered entity or individual after such actor gains control of an information system of such entity or individual. (4) Secretary The term Secretary means the Secretary of Homeland Security. (b) Disclosure required Not later than 7 days after the date on which a covered entity pays a ransom, the entity shall disclose to the Secretary, in accordance with subsection (b), such payment. (c) Contents A disclosure made under subsection (b) shall include, with respect to the ransom at issue, the following: (1) The date on which such ransom was demanded. (2) The date on which such ransom was paid. (3) The amount of such ransom demanded. (4) The amount of such ransom paid. (5) An identification of the currency, including if cryptocurrency, used for payment of such ransom. (6) Whether the covered entity that paid such ransom receives Federal funds. (7) Any known information regarding the identity of the actor demanding such ransom. (d) Noncompliance The Secretary shall establish by regulation appropriate penalties for a covered entity that fails to make a disclosure required under subsection (b). (e) Public availability (1) In general Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary shall publish on a publicly available website of the Department of Homeland Security the information disclosed under subsection (b) during the preceding 1-year period, including the total dollar amount of ransoms paid by covered entities during such period. (2) Exclusion of identifying information Information that reveals the identity of a covered entity that made a disclosure under subsection (b) shall be excluded from the information published under paragraph (1). (f) Study and report on ransom commonalities (1) Study The Secretary shall conduct a study to determine if— (A) there are commonalities with respect to the information disclosed under subsection (b); and (B) the extent to which cryptocurrency has facilitated the kinds of attacks that resulted in the payment of ransoms by covered entities. (2) Report Not later than 15 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes— (A) the findings of the study conducted under paragraph (1); and (B) such recommendations as the Secretary considers appropriate for protecting the information systems of covered entities. (g) Individual reporting (1) In general Not later than December 21, 2021, the Secretary shall establish a website through which individuals may voluntarily report the payment of a ransom by the individual. (2) Incorporation of data To the greatest extent practicable, the Secretary shall incorporate data from reporting by individuals under paragraph (1) in— (A) the information published under subsection (e); and (B) the study conducted under subsection (f). (h) Applicability This section shall apply to ransoms paid on or after the date that is 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2926is/xml/BILLS-117s2926is.xml |
117-s-2927 | II 117th CONGRESS 1st Session S. 2927 IN THE SENATE OF THE UNITED STATES October 4, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend requirements for awarding the National Medal of Science, the National Medal of Arts, and the National Technology and Innovation Medal, and for other purposes.
1. Short title This Act may be cited as the National Civilian Medals Improvement Act . 2. The National Medal of Science Award The Act entitled An Act to establish a National Medal of Science to provide recognition for individuals who make outstanding contributions in the physical, biological, mathematical, engineering, behavioral, and social sciences. , approved August 25, 1959 ( 42 U.S.C. 1881 ), is amended— (1) in the title, by striking engineering, behavioral, and social and inserting and engineering sciences ; and (2) by amending section 2 to read as follows: 2. Award of the National Medal of Science (a) Recommendations The President shall award the National Medal of Science to an individual or a group who in the judgment of the President is deserving of special recognition by reason of outstanding contributions to knowledge in the physical, biological, mathematical, or engineering sciences on the basis of— (1) information and evidence the President determines appropriate; and (2) recommendations received from— (A) the President's Committee on the National Medal of Science (or a successor of such committee); (B) the Director of the National Science Foundation; (C) the President of the National Academy of Sciences; (D) the Director of the Office of Science and Technology Policy; and (E) the Director of the National Institutes of Health. (b) Number; annual requirement Annually, the President shall award at least 1 medal, and the President may not award more than 5 medals in any calendar year. (c) Citizenship (1) Citizenship of an individual An individual may be awarded the medal only if at the time the award is made such individual— (A) is a citizen or other national of the United States; or (B) is an alien lawfully admitted to the United States for permanent residency who— (i) has filed an application or petition for naturalization in the manner prescribed by section 334 of the Immigration and Nationality Act ( 8 U.S.C. 1445 ); and (ii) is eligible for naturalization. (2) Citizenship of a group A group may be awarded the medal only if such group is organized or incorporated in the United States. (d) Ceremonies (1) Date requirement The presentation of the award under subsection (a) shall be made by the President, during the month of April of each calendar year, with such ceremonies as the President may determine proper. (2) Invitation to Congress and the Supreme Court The President shall invite appropriate Members of Congress and all Justices of the Supreme Court to attend the presentation under paragraph (1). (e) Additional limitations (1) Posthumous limitation The President may not award the National Medal of Science posthumously. (2) Certain public officials The President may not award the National Medal of Science to— (A) the Vice President, the head of an Executive department, or a Member of Congress; or (B) the spouse, child, son-in-law, or daughter-in-law of an individual described in subparagraph (A), as determined under applicable common law. . 3. The National Medal of Arts Award Section 13 of the National Foundation on the Arts and the Humanities Act Amendments of 1983 ( 20 U.S.C. 955b ) is amended— (1) in subsection (a), by striking subsection (b) and inserting this section ; (2) by amending subsection (b) to read as follows: (b) Recommendations The President shall award the National Medal of Arts, on the basis of recommendations from the National Council on the Arts, to an individual or a group who in the judgment of the President is deserving of special recognition by reason of outstanding contributions to the excellence, growth, support, and availability of the arts in the United States. ; (3) by redesignating subsection (c) as subsection (g); and (4) by inserting after subsection (b) the following: (c) Number; annual requirement Annually, the President shall award at least 1 National Medal of Arts, and the President may not award more than 5 of such medals in any calendar year. (d) Citizenship (1) Citizenship of an individual An individual may be awarded the National Medal of Arts only if at the time the award is made such individual— (A) is a citizen or other national of the United States; or (B) is an alien lawfully admitted to the United States for permanent residency who— (i) has filed an application or petition for naturalization in the manner prescribed by section 334 of the Immigration and Nationality Act ( 8 U.S.C. 1445 ); and (ii) is eligible to become a citizen of the United States. (2) Citizenship of a group A group may be awarded the National Medal of Arts only if such group is organized or incorporated in the United States. (e) Ceremonies (1) Date requirement The presentation of the award under subsection (a) shall be made by the President, during the month of October of each calendar year, with such ceremonies as the President may determine proper. (2) Invitation to Congress and the Supreme Court The President shall invite appropriate Members of Congress and all Justices of the Supreme Court to attend the presentation under paragraph (1). (f) Additional limitations (1) Posthumous limitation The President may not award the National Medal of Arts posthumously. (2) Certain public officials The President may not award the National Medal of Arts to— (A) the Vice President, the head of an Executive department, or a Member of Congress; or (B) the spouse, child, son-in-law, or daughter-in-law of an individual described in subparagraph (A), as determined under applicable common law. . 4. The National Technology and Innovation Medal Section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3711 ) is amended— (1) by amending subsection (b) to read as follows: (b) Recommendations The President shall award the National Technology and Innovation Medal to an individual or a group who in the judgment of the President is deserving of special recognition by reason of outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States on the basis of— (1) information and evidence the President determines appropriate; and (2) recommendations from— (A) the National Medal of Technology and Innovation Nomination Evaluation Committee (or a successor of such committee); (B) the Director of the United States Patent and Trademark Office; (C) the Director of the Office of Science and Technology Policy; (D) the Director of the National Institute of Standards and Technology; and (E) the Director of the National Science Foundation. ; (2) by striking subsection (c); and (3) by inserting after subsection (b) the following: (c) Number; annual requirement Annually, the President shall award at least 1 National Technology and Innovation Medal, and the President may not award more than 5 of such medals in any calendar year. (d) Citizenship (1) Citizenship of an individual An individual may be awarded the National Technology and Innovation Medal only if at the time the award is made such individual— (A) is a citizen or other national of the United States; or (B) is an alien lawfully admitted to the United States for permanent residency who— (i) has filed an application or petition for naturalization in the manner prescribed by section 334 of the Immigration and Nationality Act ( 8 U.S.C. 1445 ); and (ii) is eligible to become a citizen of the United States. (2) Citizenship of a group A group may be awarded the National Technology and Innovation Medal only if such group is organized or incorporated in the United States. (e) Ceremonies (1) Date requirement The presentation of the award under subsection (a) shall be made by the President, during the month of April of each calendar year, with such ceremonies as the President may determine proper. (2) Invitation to Congress and the Supreme Court The President shall invite appropriate Members of Congress and all Justices of the Supreme Court to attend the presentation under paragraph (1). (f) Additional limitations (1) Posthumous limitation The President may not award the National Technology and Innovation Medal posthumously. (2) Certain public officials The President may not award the National Technology and Innovation Medal to— (A) the Vice President, the head of an Executive department, or a Member of Congress; or (B) the spouse, child, son-in-law, or daughter-in-law of an individual described in subparagraph (A), as determined under applicable common law. . 5. The National Humanities Medal (a) Establishment There is established a National Humanities Medal, which shall be a medal of such design as is determined appropriate by the President. (b) Recommendations The President shall award the National Humanities Medal, on the basis of recommendations from the National Council on the Humanities, to an individual or a group who in the judgment of the President is deserving of special recognition by reason of outstanding contributions to the excellence, growth, support, and availability of the humanities in the United States. (c) Number; annual requirement Annually, the President shall award at least 1 National Humanities Medal, and the President may not award more than 5 of such medals in any calendar year. (d) Citizenship (1) Citizenship of an individual An individual may be awarded the National Humanities Medal only if at the time the award is made such individual— (A) is a citizen or other national of the United States; or (B) is an alien lawfully admitted to the United States for permanent residency who— (i) has filed an application or petition for naturalization in the manner prescribed by section 334 of the Immigration and Nationality Act ( 8 U.S.C. 1445 ); and (ii) is eligible to become a citizen of the United States. (2) Citizenship of a group A group may be awarded the National Humanities Medal only if such group is organized or incorporated in the United States. (e) Ceremonies (1) Date requirement The presentation of the award under subsection (a) shall be made by the President, during the month of October of each calendar year, with such ceremonies as the President may determine proper. (2) Invitation to Congress and the Supreme Court The President shall invite appropriate Members of Congress and all Justices of the Supreme Court to attend the presentation under paragraph (1). (f) Additional limitations (1) Posthumous limitation The President may not award the National Humanities Medal posthumously. (2) Certain public officials The President may not award the National Humanities Medal to— (A) the Vice President, the head of an Executive department, or a Member of Congress; or (B) the spouse, child, son-in-law, or daughter-in-law of an individual described in subparagraph (A), as determined under applicable common law. 6. The National Medal of Social Sciences Award (a) Establishment There is established a National Medal of Social Sciences, which shall be a medal of such design as is determined appropriate by the President. (b) Recommendations The President shall award the National Medal of Social Sciences to an individual or a group who in the judgment of the President is deserving of special recognition by reason of outstanding contributions to knowledge in the social sciences, on the basis of— (1) information and evidence the President determines appropriate; and (2) recommendations from— (A) the presidential committee established to award the medal described in this section; (B) the Director of the National Science Foundation; (C) the President of the National Academy of Science; and (D) the Director of the National Institutes of Health. (c) Number; annual requirement Annually, the President shall award at least 1 Medal of Social Sciences, and the President may not award more than 5 of such medals in any calendar year. (d) Citizenship (1) Citizenship of an individual An individual may be awarded the National Medal of Social Sciences only if at the time the award is made such individual— (A) is a citizen or other national of the United States; or (B) is an alien lawfully admitted to the United States for permanent residency who— (i) has filed an application or petition for naturalization in the manner prescribed by section 334 of the Immigration and Nationality Act ( 8 U.S.C. 1445 ); and (ii) is eligible to become a citizen of the United States. (2) Citizenship of a group A group may be awarded the National Medal of Social Sciences only if such group is organized or incorporated in the United States. (e) Ceremonies (1) Date requirement The presentation of the award under subsection (a) shall be made by the President, during the month of April of each calendar year, with such ceremonies as the President may determine proper. (2) Invitation to Congress and the Supreme Court The President shall invite appropriate Members of Congress and all Justices of the Supreme Court to attend the presentation under paragraph (1). (f) Additional limitations (1) Posthumous limitation The President may not award the National Medal of Social Sciences posthumously. (2) Certain public officials The President may not award the National Medal of Social Sciences to— (A) the Vice President, the head of an Executive department, or a Member of Congress; or (B) the spouse, child, son-in-law, or daughter-in-law of an individual described in subparagraph (A), as determined under applicable common law. 7. Rule of construction A medal described in this Act, or an amendment made by this Act, shall be considered a thing of value for purposes of any Federal law with respect to bribery or corruption of a Government official. 8. Effective date The amendments made by this Act shall take effect on the later of 1 year after the date of enactment of this Act or, after the date of enactment of this Act, on the date that the President awards at least 1 of each of the medals described in this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2927is/xml/BILLS-117s2927is.xml |
117-s-2928 | II 117th CONGRESS 1st Session S. 2928 IN THE SENATE OF THE UNITED STATES October 4, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 245 of title 18, United States Code, to expand protections for election workers, polling places, and other election infrastructure against threats and violence.
1. Short title This Act may be cited as the Election Worker and Polling Place Protection Act . 2. Federally protected activities Section 245 of title 18, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking willfully and inserting , or violence, or threat of harm to any person or property, intentionally ; (B) in paragraph (1)(A), by inserting , or any agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election before the semicolon at the end; and (C) in the undesignated matter following paragraph (5), by striking of this section each place it appears and inserting of this subsection ; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: (c) (1) Whoever, whether or not acting under color of law, intentionally physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure shall be fined under this title, or imprisoned not more than 1 year, or both; and if bodily injury results from the acts committed in violation of this subsection or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under this title, or imprisoned not more than 10 years, or both; and if death results from the acts committed in violation of this subsection or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both. (2) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property, such as graffiti, shall not be considered a violation of paragraph (1). (3) In this subsection, the term election infrastructure means any office of an election official, staff, worker, or volunteer or any physical, mechanical, or electrical device, structure, or tangible item used in the process of creating, distributing, voting, returning, counting, tabulating, auditing, storing, or other handling of voter registration or ballot information. . | https://www.govinfo.gov/content/pkg/BILLS-117s2928is/xml/BILLS-117s2928is.xml |
117-s-2929 | II 117th CONGRESS 1st Session S. 2929 IN THE SENATE OF THE UNITED STATES October 4, 2021 Mr. Scott of Florida (for himself, Mr. Braun , Mr. Cramer , Mr. Daines , Ms. Ernst , Mr. Tillis , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish a Joint Select Committee on Afghanistan to conduct a full investigation and compile a joint report on the United States withdrawal from Afghanistan.
1. Short title This Act may be cited as the Joint Select Committee on Afghanistan Act of 2021 . 2. Establishment of Joint Select Committee on Afghanistan (a) Establishment There is established a joint select committee of Congress to be known as the Joint Select Committee on Afghanistan (in this section referred to as the Joint Committee ). (b) Membership (1) In general The Joint Committee shall be composed of 12 members appointed pursuant to paragraph (2). (2) Appointment Members of the Joint Committee shall be appointed as follows: (A) The majority leader of the Senate shall appoint 3 members from among Members of the Senate. (B) The minority leader of the Senate shall appoint 3 members from among Members of the Senate. (C) The Speaker of the House of Representatives shall appoint 3 members from among Members of the House of Representatives. (D) The minority leader of the House of Representatives shall appoint 3 members from among Members of the House of Representatives. (3) Co-chairs (A) In general Two of the appointed members of the Joint Committee shall serve as co-chairs. The Speaker of the House of Representatives and the majority leader of the Senate shall jointly appoint one co-chair, and the minority leader of the House of Representatives and the minority leader of the Senate shall jointly appoint the second co-chair. The co-chairs shall be appointed not later than 14 calendar days after the date of the enactment of this Act. (B) Staff director The co-chairs, acting jointly, shall hire the staff director of the Joint Committee. (4) Date Members of the Joint Committee shall be appointed not later than 14 calendar days after the date of the enactment of this Act. (5) Period of appointment Members shall be appointed for the life of the Joint Committee. Any vacancy in the Joint Committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the Joint Committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the Joint Committee and a vacancy shall exist. (c) Investigation and report (1) In general Not later than 90 days after the date of the enactment of this Act, the Joint Committee shall conduct an investigation and submit to Congress a report on the United States 2021 withdrawal from Afghanistan. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A summary of any intelligence reports that indicated an imminent threat at the Hamid Karzai International Airport preceding the deadly attack on August 26, 2021, and the risks to United States and allied country civilians as well as Afghan partners for various United States withdrawal scenarios. (B) A summary of any intelligence reports that indicated that withdrawing military personnel and closing United States military installations in Afghanistan before evacuating civilians would negatively affect the evacuation of United States citizens, green card holders, and Afghan partners and thus put them at risk. (C) A full review of planning by the National Security Council, the Department of State, and the Department of Defense for a noncombatant evacuation from Afghanistan, including details of all scenarios used by the Department of State or the Department of Defense to plan and prepare for noncombatant evacuation operations. (D) An analysis of the relationship between the retrograde and noncombatant evacuation operation plans and operations. (E) A description of any actions that were taken by the United States Government to protect the safety of United States forces and neutralize threats in any withdrawal scenarios. (F) A full review of all withdrawal scenarios compiled by the intelligence community and the Department of Defense with timelines for the decisions taken, including all advice provided by military leaders to President Joseph R. Biden and his national security team beginning in January 2021. (G) An analysis of why the withdrawal timeline expedited from the September 11, 2021, date set by President Biden earlier this year. (H) An analysis of United States and allied intelligence shared with the Taliban. (I) An analysis of any actions taken by the United States Government to proactively prepare for a successful withdrawal. (J) A summary of intelligence that informed statements and assurances made to the American people that the Taliban would not take over Afghanistan with the speed that it did in August 2021. (K) A full and unredacted transcript of the phone call between President Joe Biden and President Ashraf Ghani of Afghanistan on July 23, 2021. (L) A summary of any documents, reports, or intelligence that indicates whether any members of the intelligence community, the United States Armed Forces, or NATO partners supporting the mission warned that the Taliban would swiftly reclaim Afghanistan. (M) A description of the extent to which any members of the intelligence community, the United States Armed Forces, or NATO partners supporting the mission advised steps to be taken by the White House that were ultimately rejected. (N) An assessment of the decision not to order a noncombatant evacuation operation until August 14, 2021. (O) An assessment of whose advice the President heeded in maintaining the timeline and the status of forces on the ground before Thursday, August 12, 2021. (P) A description of the initial views and advice of the United States Armed Forces and the intelligence community given to the National Security Council and the White House before the decisions were taken regarding closure of United States military installations, withdrawal of United States assets, and withdrawal of United States military personnel. (Q) An assessment of United States assets, as well as any assets left behind by allies, that could now be used by the Taliban, ISIS–K, and other terrorist organizations operating within the region. (R) An assessment of United States assets slated to be delivered to Afghanistan, if any, the delivery of which was paused because of the President’s decision to withdraw, and the status of and plans for those assets now. (S) An assessment of vetting procedures for Afghan civilians to be evacuated with a timeline for the decision making and ultimate decisions taken to ensure that no terrorist suspects, persons with ties to terrorists, or dangerous individuals would be admitted into third countries or the United States. (T) An assessment of the discussions between the United States Government and allies supporting our efforts in Afghanistan and a timeline for decision making regarding the withdrawal of United States forces, including discussion and decisions about how to work together to repatriate all foreign nationals desiring to return to their home countries. (U) A review of the policy decisions with timeline regarding all Afghan nationals and other refugees evacuated from Afghanistan by the United States Government and brought to third countries and the United States, including a report on what role the United States Armed Forces performed in vetting each individual and what coordination the Departments of State and Defense engaged in to safeguard members of the Armed Forces from infectious diseases and terrorist threats. (3) Form The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (d) Meetings (1) Initial meeting Not later than 30 days after the date on which all members of the Joint Committee have been appointed, the Joint Committee shall hold its first meeting. (2) Frequency The Joint Committee shall meet at the call of the co-chairs. (3) Quorum A majority of the members of the Joint Committee shall constitute a quorum, but a lesser number of members may hold hearings. (4) Voting No proxy voting shall be allowed on behalf of the members of the Joint Committee. (e) Administration (1) In general To enable the Joint Committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Joint Committee approved by the co-chairs, subject to the rules and regulations of the Senate. (2) Expenses In carrying out its functions, the Joint Committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11 of Public Law 79–304 (15 U.S.C. 1024 (d)). (3) Hearings (A) In general The Joint Committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Joint Committee considers advisable. (B) Hearing procedures and responsibilities of co-chairs (i) Announcement The co-chairs of the Joint Committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the co-chairs determine that there is good cause to begin such hearing at an earlier date. (ii) Written statement A witness appearing before the Joint Committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the co-chairs, following their determination that there is good cause for failure to comply with such requirement. (4) Cooperation from Federal agencies (A) Technical assistance Upon written request of the co-chairs, a Federal agency shall provide technical assistance to the Joint Committee in order for the Joint Committee to carry out its duties. (B) Provision of information The Secretary of State, the Secretary of Defense, the Director of National Intelligence, the heads of the elements of the intelligence community, the Secretary of Homeland Security, and the National Security Council shall expeditiously respond to requests for information related to compiling the report under subsection (c). (f) Staff of Joint Committee (1) In general The co-chairs of the Joint Committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate. (2) Ethical standards Members on the Joint Committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the Joint Committee and staff of the Joint Committee shall comply with the ethics rules of the Senate. (g) Termination The Joint Committee shall terminate on the date that is one year after the date of the enactment of this Act. 3. Funding Funding for the Joint Committee shall be derived in equal portions from— (1) the applicable accounts of the House of Representatives; and (2) the contingent fund of the Senate from the appropriations account Miscellaneous Items , subject to the rules and regulations of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-117s2929is/xml/BILLS-117s2929is.xml |
117-s-2930 | II 117th CONGRESS 1st Session S. 2930 IN THE SENATE OF THE UNITED STATES October 5, 2021 Ms. Klobuchar (for herself and Ms. Lummis ) 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 modify requirements for local school wellness policies.
1. Short title This Act may be cited as the Improving Mental Health and Wellness in Schools Act . 2. Local school wellness policy Section 9A of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758b ) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting mental health promotion and education, after physical activity, ; (B) in paragraph (2)(B), by striking obesity; and inserting obesity and eating disorders; ; (C) in paragraph (3)— (i) by striking agency permit and inserting the following: “agency— (A) permit ; (ii) in subparagraph (A) (as so designated)— (I) by inserting registered dietitians, school-based mental health services providers, after school administrators, ; and (II) by adding and after the semicolon at the end; and (iii) by adding at the end the following: (B) establish a multidisciplinary team of school personnel to lead the development, implementation, and periodic review and updating of the local school wellness policy; ; and (D) in paragraph (5)(B), by striking 1 and inserting 2 ; and (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, after Prevention, ; and (ii) by inserting school-based mental health services providers (when available), after school food authorities, ; (B) in paragraph (2)(C)— (i) by striking required to promote and inserting the following: “required— (i) to promote ; and (ii) by adding at the end the following: (ii) to promote mental health, encourage mental health assessments, and establish resilient school environments; and ; and (C) in paragraph (3)— (i) in subparagraph (A), by striking Prevention, and inserting Prevention and the Administrator of the Substance Abuse and Mental Health Services Administration, ; (ii) in subparagraph (C), by striking 2014, and inserting 2026, ; and (iii) by striking subparagraph (D). | https://www.govinfo.gov/content/pkg/BILLS-117s2930is/xml/BILLS-117s2930is.xml |
117-s-2931 | II 117th CONGRESS 1st Session S. 2931 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Tuberville (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Defense Production Act of 1950 to prevent harm and disruption to the United States agriculture industry by protecting against foreign influence over agriculture production and supply chains, and for other purposes.
1. Short title This Act may be cited as the Foreign Adversary Risk Management Act or the FARM Act . 2. Findings Congress finds the following: (1) United States agriculture and supply chains are critical to United States economic success and prosperity, and should each be classified as critical infrastructure and critical technologies. (2) Agriculture is the lifeblood that helps to feed United States families nationwide. As such, food security is a matter of national security and should be a top priority of the United States. (3) To prevent harm to the United States public health sector and to prevent disruption to the United States economy and food supply chains, the increasing influence foreign countries may have on the United States agriculture industry and agriculture supply chains should be mitigated. 3. United States agriculture included in Committee on Foreign Investment in the United States (a) Agriculture representative Section 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture. . (b) Review of agriculture investments by foreign entities Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ; and 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: (iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Adversary Risk Management Act . ; and (2) in subparagraph (B), by adding at the end the following: (vi) Any transaction, merger, acquisition, transfer, agreement, takeover, or other arrangement that could result in foreign control of any United States business that is engaged in agriculture and uses agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 )). . (c) Agricultural supply chains included in critical infrastructure Section 721(a)(5) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(5) ) is amended— (1) by striking critical infrastructure means and inserting the following: critical infrastructure — (i) means ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (ii) includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains. . (d) Agricultural supply chains included as critical technologies Section 721(a)(6)(A) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(6)(A) ) is amended by adding at the end the following: (vii) Agricultural supply chains used for agricultural products (as defined in the first section of the Act of July 2, 1926 (44 Stat. 802, chapter 725; 7 U.S.C. 451 )). . 4. Reports on investments by foreign countries in United States agriculture industry Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Comptroller General of the United States shall each— (1) conduct an analysis of foreign influence in the United States agriculture industry; and (2) submit to Congress a report that includes a summary of— (A) foreign investments in the United States agriculture industry; (B) the potential for foreign investment to undermine United States agriculture production and agricultural supply chains; (C) the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and (D) agriculture-related espionage and theft techniques used by foreign governments, including any attempts to target United States agricultural intellectual property, innovation, research and development, cost or pricing data, or internal strategy documents. | https://www.govinfo.gov/content/pkg/BILLS-117s2931is/xml/BILLS-117s2931is.xml |
117-s-2932 | II 117th CONGRESS 1st Session S. 2932 IN THE SENATE OF THE UNITED STATES October 5, 2021 Ms. Baldwin (for herself and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 430 South Knowles Avenue in New Richmond, Wisconsin, as the Captain Robert C. Harmon and Private John R. Peirson Post Office Building .
1. Captain Robert C. Harmon and Private John R. Peirson Post Office Building (a) Designation The facility of the United States Postal Service located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall be known and designated as the Captain Robert C. Harmon and Private John R. Peirson Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Captain Robert C. Harmon and Private John R. Peirson Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s2932is/xml/BILLS-117s2932is.xml |
117-s-2933 | II 117th CONGRESS 1st Session S. 2933 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to members of the Chinese Communist Party and heads of Chinese health agencies relating to the COVID–19 pandemic, and for other purposes.
1. Short title This Act may be cited as the Chinese Communist Party Accountability Act of 2021 . 2. Imposition of sanctions with respect to certain members of the Chinese Communist Party and heads of Chinese health agencies relating to the COVID–19 pandemic (a) Chinese Communist Party members (1) In general The President shall impose the sanctions described in section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note) with respect to any foreign person who is an official of the Chinese Communist Party that the President determines is knowingly responsible for, complicit in, or has directly or indirectly engaged in— (A) the disappearances of whistleblowers and citizen journalists in the People’s Republic of China relating to the COVID–19 pandemic; or (B) the establishment of limits on freedom of speech and academic freedom in the People’s Republic of China relating to the COVID–19 pandemic. (2) Coordination The President shall coordinate with the intelligence community for purposes of identifying foreign persons under this subsection. (b) Chinese health agencies heads The President shall impose the sanctions described in subsection (c) with respect to the following foreign persons: (1) Gao Fu, also known as George Fu Gao, the Director of the Center for Disease Control and Prevention of the People’s Republic of China. (2) Ma Xiaowei, Minister of the National Health Commission of the People’s Republic of China. (c) Sanctions described The sanctions described in this subsection with respect to a foreign person are the following: (1) Blocking of property The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inadmissibility to the United States and revocation of visa or other documentation (A) Ineligibility for visa, admission, or parole The foreign person is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visa revoked The visa or other entry documentation of the foreign person shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under this subparagraph shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the person’s possession. (d) Exceptions (1) To comply with United Nations Headquarters Agreement Sanctions under subsection (c)(2) or described in section 1263(b)(2) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note) shall not apply with respect to a foreign person if admitting or paroling the foreign person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (2) To carry out or assist law enforcement activities Sanctions under subsection (c)(2) or described in section 1263(b)(2) of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note) shall not apply with respect to a foreign person if admitting or paroling the foreign person into the United States is necessary to carry out or assist law enforcement activity in the United States. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section. (2) Penalties Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (f) Waiver The President may waive the application of sanctions imposed with respect to a foreign person under this section if the President— (1) determines that a waiver is in the national interest of the United States; and (2) not later than the date on which such waiver will take effect, submits to the appropriate congressional committees a notice of and justification for such waiver. (g) Termination of sanctions with respect to a foreign person (1) In general The President may terminate the application of sanctions imposed with respect to a foreign person under this section if the President makes a determination that— (A) credible information exists that the person did not engage in the activity for which the sanctions were imposed; and (B) the person has— (i) credibly demonstrated a significant change in behavior; and (ii) been subject to an appropriate consequence for the activity for which the sanctions were imposed. (2) Notification Not later than 15 days before the date on which the application of sanctions imposed with respect to a foreign person is terminated under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a report that— (A) describes the evidence and justification for the necessity of the termination; and (B) explains how the termination of the application of sanctions is in the national security interests of the United States. (h) Termination of authority To impose sanctions The authority to impose sanctions under this section with respect to a foreign person described in subsection (b) shall terminate on the date on which the President certifies to the appropriate congressional committees that an independent, unimpeded investigation into the potential origin of COVID–19 from the Wuhan Institute of Virology has taken place. (i) Exception relating to importation of goods (1) In general The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined In this subsection, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (j) Definitions In this section: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1001 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Foreign person The term foreign person means a person that is not a United States person. (4) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (5) Knowingly The term knowingly means, with respect to conduct, a circumstance, or a result, that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) Person The term person means an individual or entity. (7) United States person The term United States person means— (A) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity; or (C) any person in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s2933is/xml/BILLS-117s2933is.xml |
117-s-2934 | II 117th CONGRESS 1st Session S. 2934 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Toomey (for himself, Mr. Warner , Mr. Carper , Mr. Cornyn , Mr. Crapo , Mrs. Feinstein , Mr. Grassley , Ms. Hassan , Mr. Johnson , Mr. Kaine , Mr. King , Mr. Lankford , Mr. Lee , Mr. Moran , Mr. Sasse , Mr. Schatz , Mr. Scott of South Carolina , Mrs. Shaheen , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Trade Expansion Act of 1962 to impose limitations on the authority of the President to adjust imports that are determined to threaten to impair national security, and for other purposes.
1. Short title This Act may be cited as the Bicameral Congressional Trade Authority Act of 2021 . 2. Limitations on authority of President to adjust imports determined to threaten to impair national security (a) Limitation on articles for which action may be taken Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ) is amended— (1) by striking an article each place it appears and inserting a covered article ; (2) by striking any article each place it appears and inserting any covered article ; (3) by striking the article each place it appears and inserting the covered article ; (4) in the first subsection (d), by striking In the administration and all that follow through national security. ; and (5) by adding at the end the following: (i) Definitions In this section: (1) Covered article The term covered article means an article related to the development, maintenance, or protection of military equipment, energy resources, or critical infrastructure essential to national security. (2) National security The term national security — (A) means the protection of the United States from foreign aggression; and (B) does not otherwise include the protection of the general welfare of the United States. . (b) Responsibility of Secretary of Defense for investigations Section 232(b) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking the Secretary of Commerce (hereafter in the section referred to as the Secretary ) and inserting the Secretary of Defense ; and (B) in subparagraph (B)— (i) by striking The Secretary and inserting The Secretary of Defense ; and (ii) by striking the Secretary of Defense and inserting the Secretary of Commerce ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking the Secretary and inserting the Secretary of Defense ; and (ii) in clause (i), by striking the Secretary of Defense and inserting the Secretary of Commerce ; and (B) by amending subparagraph (B) to read as follows: (B) Upon the request of the Secretary of Defense, the Secretary of Commerce shall provide to the Secretary of Defense an assessment of the quantity of imports of any covered article that is the subject of an investigation conducted under this subsection and the circumstances under which the covered article is imported. ; (3) in paragraph (3)— (A) in subparagraph (A)— (i) in the first sentence, by striking the Secretary shall submit and all that follows through recommendations of the Secretary and inserting the Secretary of Defense and the Secretary of Commerce shall jointly submit to the President a report on the findings of the investigation and, based on such findings, the recommendations of the Secretary of Commerce ; and (ii) in the second sentence, by striking Secretary finds and all that follows through Secretary shall and inserting Secretaries find that the covered article is being imported into the United States in such quantities or under such circumstances as to be a substantial cause of a threat to impair the national security, the Secretaries shall ; and (B) in subparagraph (B), by striking by the Secretary ; and (4) in paragraph (4), by striking Secretary and inserting Secretary of Defense . (c) Determinations of President Section 232(c) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(c) ) is amended— (1) in paragraph (1)— (A) by striking subparagraph (B); (B) in the matter preceding clause (i)— (i) by striking (A) Within and inserting Within ; and (ii) by striking in which the Secretary and inserting that ; (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (D) in subparagraph (A), as redesignated by subparagraph (C), by striking of the Secretary ; and (E) by amending subparagraph (B), as redesignated by subparagraph (C), to read as follows: (B) if the President concurs, submit to Congress, not later than 15 days after making that determination, a proposal regarding the nature and duration of the action that, in the judgment of the President, should be taken to adjust the imports of the covered article and its derivatives so that such imports will not be a substantial cause of a threat to impair the national security. ; and (2) by striking paragraphs (2) and (3) and inserting the following: (2) The President shall submit to Congress for review under subsection (f) a report describing the action proposed to be taken under paragraph (1) and specifying the reasons for such proposal. Such report shall be included in the report published under subsection (e). . (d) Congressional approval of Presidential adjustment of imports Section 232(f) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(f) ) is amended to read as follows: (f) Congressional approval of Presidential adjustment of imports; joint resolution of approval (1) In general An action to adjust imports proposed by the President in a report submitted to Congress under subsection (c)(2) shall have force and effect only if, during the period of 60 calendar days beginning on the date on which the report is submitted, a joint resolution of approval is enacted pursuant to paragraph (2). (2) Joint resolutions of approval (A) Joint resolution of approval defined In this subsection, the term joint resolution of approval means only a joint resolution of either House of Congress— (i) the title of which is as follows: A joint resolution approving the proposal of the President to take an action relating to the adjustment of imports entering into the United States in such quantities or under such circumstances as to threaten or impair the national security. ; and (ii) the sole matter after the resolving clause of which is the following: Congress approves of the proposal of the President relating to the adjustment of imports to protect the national security as described in the report submitted to Congress under section 232(c)(2) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(c)(2) ) on _____ relating to _____. , with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. (B) Introduction During the period of 60 calendar days provided for under paragraph (1), a joint resolution of approval may be introduced in either House by any Member. (C) Consideration in House of Representatives (i) Committee referral A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means. (ii) Reporting and discharge If the Committee on Ways and Means has not reported the joint resolution of approval within 10 calendar days after the date of referral, the Committee shall be discharged from further consideration of the joint resolution. (iii) Proceeding to consideration Beginning on the third legislative day after the Committee on Ways and Means reports the joint resolution of approval to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) Floor consideration The joint resolution of approval shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (D) Consideration in the Senate (i) Committee referral A joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. (ii) Reporting and discharge If the Committee on Finance has not reported the joint resolution of approval within 10 calendar days after the date of referral of the joint resolution, the Committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (iii) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Finance reports a joint resolution of approval or has been discharged from consideration of such a joint resolution to move to proceed to the consideration of the joint resolution. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (iv) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of approval shall be decided by the Senate without debate. (E) Treatment of House joint resolution in Senate (i) Committee referral Except as provided in clause (ii), a joint resolution of approval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with subparagraph (D). (ii) Consideration of House resolution If a joint resolution of approval was introduced in the Senate before receipt of a joint resolution of approval that has passed the House of Representatives— (I) the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar; and (II) the procedures in the Senate with respect to a joint resolution of approval introduced in the Senate shall be the same as if no joint resolution of approval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution that passed the House of Representatives. (iii) House resolution received after passage by Senate If the Senate passes a joint resolution of approval before receiving a joint resolution of approval from the House of Representatives, the joint resolution of the Senate shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution of approval from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed. (iv) Consideration of House resolution if no resolution introduced in Senate If the Senate receives a joint resolution of approval from the House of Representatives, and no joint resolution of approval has been introduced in the Senate, the procedures described in subparagraph (D) shall apply to consideration of the joint resolution of the House. (F) Rules of House of Representatives and Senate This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . (e) Exclusion process; report Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ) is amended by inserting after subsection (f) the following: (g) Administration of exclusion process (1) In general The United States International Trade Commission shall administer a process for granting requests for the exclusion of covered articles from any actions, including actions to impose duties or quotas, taken by the President under subsection (c). (2) Requirements In administering the process required by paragraph (1), the International Trade Commission shall— (A) consider, when determining whether to grant an exclusion with respect to a covered article, if the covered article is produced in the United States and is of sufficient quality, available in sufficient quantities, and available on a reasonable timeframe; (B) ensure that an exclusion granted with respect to a covered article is available to any person that imports the covered article; and (C) not disclose business proprietary information. (3) Publication of procedures The International Trade Commission shall publish in the Federal Register and make available on a publicly available internet website of the Commission a description of the procedures to be followed by a person requesting an exclusion under paragraph (1) with respect to a covered article. (h) Report by International Trade Commission Not later than 18 months after the President takes action under subsection (c) to adjust imports of a covered article, the International Trade Commission shall submit to Congress a report assessing the effects of the action on— (1) the industry to which the covered article relates; and (2) the overall economy of the United States. . (f) Conforming amendments Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 ), as amended by this section, is further amended— (1) in the first subsection (d), by striking the Secretary and the President each place it appears and inserting the Secretary of Defense, the Secretary of Commerce, and the President ; (2) by redesignating the second subsection (d) as subsection (e); and (3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking the Secretary and inserting the Secretary of Defense . (g) Effective date Except as provided by subsection (h), the amendments made by this section shall apply with respect to any proposed action under section 232(c) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(c) ) on or after the date that is 4 years before the date of the enactment of this Act. (h) Transition rules (1) Approval process for actions take before date of enactment (A) In general If, during the period specified in paragraph (2), the President makes a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, to take action with respect to an article— (i) not later than 15 days after such date of enactment, the President shall resubmit to Congress the report required under that section with respect to the action; and (ii) the action shall have force and effect after the day that is 75 days after such date of enactment only if, during the period of 60 calendar days beginning on the date on which the report is resubmitted under clause (i), a joint resolution of approval is enacted pursuant to subsection (f)(2) of the Trade Expansion Act of 1962, as amended by this section, with respect to the action. (B) Nonapplicability of definitions Subparagraph (A) shall apply with respect to an action without regard to whether the article to which the action relates is a covered article (as defined in subsection (i) of section 232 of the Trade Expansion Act of 1962, as added by this section). (2) Period specified The period specified in this paragraph is the period beginning on the date that is 4 years before the date of the enactment of this Act and ending on the day before such date of enactment. (3) Administration of exclusion process In the case of an action with respect to which a resolution of approval is enacted as required by paragraph (1)(A)(ii), the Secretary of Commerce shall continue to administer the process established before the date of the enactment of this Act for granting requests for the exclusion of articles from the action. (4) International Trade Commission report Not later than 180 days after the date of the enactment of this Act, the United States International Trade Commission shall submit to Congress a report described in subsection (h) of section 232 of the Trade Expansion Act of 1962, as added by this section, relating to each action taken under subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before such date of enactment, during the period specified in paragraph (2). (5) Termination of actions not approved (A) In general An action described in subparagraph (B) shall terminate on the day that is 75 days after the date of the enactment of this Act. (B) Action described An action described in this subparagraph is an action with respect to which— (i) the President made a determination described in subsection (c) of section 232 of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, during the period specified in paragraph (2); and (ii) a joint resolution of approval is not enacted as required by paragraph (1)(A)(ii). (C) Modification of duty rate amounts (i) In general Any rate of duty modified under section 232(c) of the Trade Expansion Act of 1962, as in effect on the day before the date of the enactment of this Act, pursuant to an action described in subparagraph (B) shall, on the day that is 75 days after the date of the enactment of this Act, revert to the rate of duty in effect before such modification. (ii) Retroactive application for certain liquidations and reliquidations (I) In general Subject to subclause (II), an entry of an article shall be liquidated or reliquidated as though such entry occurred on the date that is 75 days after the date of the enactment of this Act if— (aa) the rate of duty applicable to the article was modified pursuant to an action described in subparagraph (B); and (bb) a lower rate of duty would be applicable due to the application of clause (i). (II) Requests A liquidation or reliquidation may be made under subclause (I) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 255 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection— (aa) to locate the entry; or (bb) to reconstruct the entry if it cannot be located. (III) Payment of amounts owed Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subclause (I) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (iii) Entry defined In this paragraph, the terms entry includes a withdrawal from warehouse for consumption. | https://www.govinfo.gov/content/pkg/BILLS-117s2934is/xml/BILLS-117s2934is.xml |
117-s-2935 | II 117th CONGRESS 1st Session S. 2935 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Tester (for himself, Mr. Blumenthal , Mrs. Gillibrand , Mr. Van Hollen , Ms. Baldwin , Mr. Whitehouse , Mr. Booker , Mr. Durbin , Mr. Markey , Mr. Leahy , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter.
1. Short title This Act may be cited as the Parental Bereavement Act of 2021 or the Sarah Grace-Farley-Kluger Act . 2. Family leave because of the death of a son or daughter (a) Family leave (1) Entitlement to leave Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following new subparagraph: (G) Because of the death of a son or daughter. . (2) Requirements relating to leave (A) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the third sentence the following new sentence: Leave under subsection (a)(1)(G) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise. . (B) Substitution of paid leave Section 102(d)(2)(B) of such Act ( 29 U.S.C. 2612(d)(2)(B) ) is amended, in the first sentence, by striking (C) or (D) and inserting (C), (D), or (G) . (C) Notice Section 102(e) of such Act ( 29 U.S.C. 2612(e) ) is amended by adding at the end the following new paragraph: (4) Notice for leave due to death of a son or daughter In any case in which the necessity for leave under subsection (a)(1)(G) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable. . (D) Spouses employed by same employer Section 102(f)(1)(A) of such Act ( 29 U.S.C. 2612(f)(1)(A) ) is amended by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (G) . (E) Certification requirements Section 103 of such Act ( 29 U.S.C. 2613 ) is amended by adding at the end the following: (g) Certification related to the death of a son or daughter An employer may require that a request for leave under section 102(a)(1)(G) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer. . (F) Failure to return from leave Section 104(c) of such Act ( 29 U.S.C. 2614(c) ) is amended— (i) in paragraph (2)(B)(i), by inserting before the semicolon the following: , or a death that entitles the employee to leave under section 102(a)(1)(G) ; and (ii) in paragraph (3)(A)— (I) in the matter preceding clause (i), by inserting , or the death, before described ; (II) in clause (ii), by striking or at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii) the following: (iii) a certification that meets such requirements as the Secretary may by regulation prescribe, in the case of an employee unable to return to work because of a death specified in section 102(a)(1)(G); or . (G) Employees of local educational agencies Section 108 of such Act ( 29 U.S.C. 2618 ) is amended— (i) in subsection (c)(1)— (I) in the matter preceding subparagraph (A), by inserting after medical treatment the following: , or under section 102(a)(1)(G) that is foreseeable, ; and (II) in subparagraph (A), by inserting after to exceed the following: (except in the case of leave under section 102(a)(1)(G)) ; (ii) in subsection (c)(2), by striking section 102(e)(2) and inserting paragraphs (2) and (4) of section 102(e), as applicable ; and (iii) in subsection (d), in paragraphs (2) and (3), by striking or (C) each place it appears and inserting (C), or (G) . (b) Family leave for civil service employees (1) Entitlement to leave Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: (F) Because of the death of a son or daughter. . (2) Requirements relating to leave (A) Schedule Section 6382(b)(1) of such title is amended by inserting after the third sentence the following new sentence: Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. . (B) Substitution of paid leave Section 6382(d)(1) of such title is amended, in the first sentence, by striking or (E) and inserting (E), or (F) . (C) Notice Section 6382(e) of such title is amended by adding at the end the following new paragraph: (4) In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employing agency as is reasonable and practicable. . (D) Certification requirements Section 6383 of such title is amended by adding at the end the following: (g) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe. If the Office issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer. . | https://www.govinfo.gov/content/pkg/BILLS-117s2935is/xml/BILLS-117s2935is.xml |
117-s-2936 | II 117th CONGRESS 1st Session S. 2936 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the CARES Act and the Internal Revenue Code of 1986 to modify the treatment of related individuals under the employee retention tax credit.
1. Treatment of related individuals under employee retention tax credit (a) Amendments to CARES Act (1) In general Section 2301(e) of the Coronavirus Aid, Relief, and Economic Security Act is amended by inserting (applied without regard to the phrase (determined with the application of section 267(c)) in subparagraph (A) thereof) after 51(i)(1) . (2) Effective date The amendment made by this subsection shall apply to wages paid after March 12, 2020. (b) Amendment to Internal Revenue Code of 1986 (1) In general Section 3134(e) of the Internal Revenue Code of 1986 is amended by inserting (applied without regard to the phrase (determined with the application of section 267(c)) in subparagraph (A) thereof) after 51(i)(1) . (2) Effective date The amendment made by this subsection shall apply to wages paid after June 30, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2936is/xml/BILLS-117s2936is.xml |
117-s-2937 | II 117th CONGRESS 1st Session S. 2937 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Cardin (for himself, Mr. Durbin , Mrs. Feinstein , Mr. Kaine , Mr. Merkley , Mr. Markey , Ms. Rosen , Mrs. Murray , Mr. Peters , Ms. Klobuchar , Mr. Padilla , Mr. Wyden , Mr. Luján , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize humanitarian assistance and civil society support, promote democracy and human rights, and impose targeted sanctions with respect to human rights abuses in Burma, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Burma Unified through Rigorous Military Accountability Act of 2021 or the BURMA Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: 2. Definitions In this Act: (1) Burmese military The term Burmese military — (A) means to the Armed Forces of Burma, including the army, navy, and air force; and (B) includes security services under the control of the Armed Forces of Burma such as the police and border guards. (2) Crimes against humanity The term crimes against humanity includes the following, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (A) Murder. (B) Forced transfer of population. (C) Torture. (D) Extermination. (E) Enslavement. (F) Rape, sexual slavery, or any other form of sexual violence of comparable severity. (G) Enforced disappearance of persons. (H) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds that are universally recognized as impermissible under international law. (I) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. (3) Executive Order 14014 The term Executive Order 14014 means Executive Order 14014 (86 Fed. Reg. 9429; relating to blocking property with respect to the situation in Burma). (4) Genocide The term genocide means any offense described in section 1091(a) of title 18, United States Code. (5) Transitional justice The term transitional justice means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes, or employed by the international community through international justice mechanisms, to redress past or ongoing atrocities and to promote long-term, sustainable peace. (6) War crime The term war crime has the meaning given the term in section 2441(c) of title 18, United States Code. 3. Findings Congress makes the following findings: (1) Since 1988, the United States policy of principled engagement has fostered positive democratic reforms in Burma, with elections in 2010, 2015, and 2020, helping to bring about the partial transition to civilian rule and with the latter 2 elections resulting in resounding electoral victories for the National League for Democracy. (2) That democratic transition remained incomplete, with the military retaining significant power and independence from civilian control following the 2015 elections, including through control of 25 percent of parliamentary seats, a de facto veto over constitutional reform, authority over multiple government ministries, and the ability to operate with impunity and no civilian oversight. (3) Despite some improvements with respect for human rights and fundamental freedoms beginning in 2010, and the establishment of a quasi-civilian government following credible elections in 2015, Burma’s military and civilian leaders have, since 2016, overseen an increase in restrictions to freedom of expression (including for members of the press), freedom of peaceful assembly, freedom of association, and freedom of religion or belief. In 2017, Burmese authorities oversaw a genocide against Rohingya, which caused almost 1,000,000 Rohingya to seek refuge in neighboring Bangladesh. (4) On February 1, 2021, the Burmese military conducted a coup d’état, declaring a year-long state of emergency and detaining State Counsellor Aung San Suu Kyi, President Win Myint, and dozens of other government officials and elected members of parliament, thus derailing Burma’s transition to democracy and disregarding the will of the people of Burma as expressed in the November 2020 elections, which were determined to be credible by international and national observers. (5) Following the coup, some ousted members of parliament established the Committee Representing the Pyidaungsu Hluttaw, which subsequently released the Federal Democracy Charter in March 2021 and established the National Unity Government in April 2021. In June 2021, the National Unity Government included ethnic minorities and women among its cabinet and released a policy paper outlining pledges to Rohingya and calling for justice and reparations for the community. (6) Since the coup on February 1, 2021, the Burmese military has— (A) used lethal force on peaceful protestors on multiple occasions, killing more than 1,100 people, including more than 50 children; (B) detained more than 4,000 peaceful protestors, participants in the Civil Disobedience Movement, labor leaders, government officials and elected members of parliament, members of the media, and others, according to the Assistance Association for Political Prisoners; (C) issued laws and directives that could be used to further impede fundamental freedoms, including freedom of expression (including for members of the press), freedom of peaceful assembly, and freedom of association; and (D) imposed restrictions on the internet and telecommunications. (7) More than 230,000 people have been internally displaced since the coup, while thousands of others have sought refuge in neighboring countries, and the Burmese military continues to block humanitarian assistance to populations in need. According to the World Health Organization, the military has carried out more than 250 attacks on health care entities since the coup and killed at least 18 health workers. Dozens more have been arbitrarily detained and hundreds have warrants out for their arrest. The military has continued such attacks even as they inhibit efforts to combat a devastating third wave of COVID–19. The brutality of the Burmese military was on full display on March 27, 2021, Armed Forces Day, when, after threatening on state television to shoot protesters in the head, security forces killed more than 150 people. (8) The coup represents a continuation of a long pattern of violent and anti-democratic behavior by the military that stretches back decades, with the military having previously taken over Burma in coups d’état in 1962 and 1988, and having ignored the results of the 1990 elections, and a long history of violently repressing protest movements, including killing and imprisoning thousands of peaceful protestors during pro-democracy demonstrations in 1988 and 2007. (9) The military also has a long history of violent repression of ethnic and religious minorities. On August 25, 2017, Burmese military and security forces launched a genocidal military campaign against Rohingya, resulting in a mass exodus of some 750,000 Rohingya from Burma’s Rakhine State into Bangladesh, where they remain. The Government of Burma has since taken no steps to improve conditions for Rohingya still in Rakhine State, who remain at high risk of genocide and other atrocities, or to create conditions conducive to the return of Rohingya refugees. (10) The Burmese military has also engaged in renewed violence with other ethnic minority groups across the country. Since 2018, fighting between the Burmese military and the Arakan Army has displaced more than 220,000 people in Rakhine and Chin States, including more than 130,000 Rohingya confined to camps since 2012. The military has continued to commit atrocities in Kachin and Shan States that a 2019 report by Amnesty International described as relentless and ruthless . Fighting in northern Burma has forced more than 100,000 people from their homes and into camps for internally displaced persons. The Government of Burma continues to heavily proscribe humanitarian and media access to conflict-affected populations across the country. (11) With more than $500,000,000 in humanitarian assistance provided to Burma and Bangladesh in 2020 alone, the United States is the largest humanitarian donor to populations in need as a result of conflicts in Burma. In May 2021, the United States announced nearly $155,000,000 in additional humanitarian assistance to meet the urgent needs of Rohingya refugees and host communities in Bangladesh and people affected by ongoing violence in Burma’s Rakhine, Kachin, Shan, and Chin states. In August 2021, the United States provided $50,000,000 in critical humanitarian assistance to the people of Burma. (12) Both government- and military-initiated investigations into human rights abuses in Burma involving violence between ethnic minorities and Burmese security forces have failed to yield credible results or hold perpetrators accountable. (13) In its report dated September 17, 2018, the United Nations Independent International Fact-Finding Mission on Myanmar concluded, on reasonable grounds, that the factors allowing inference of genocidal intent are present with respect to the attacks against Rohingya in Rakhine State, and acts by Burmese security forces against Rohingya in Rakhine State and other ethnic minorities in Kachin and Shan States amount to crimes against humanity and war crimes . The Independent International Fact-Finding Mission on Myanmar established by the United Nations Human Rights Council recommended that the United Nations Security Council should ensure accountability for crimes under international law committed in Myanmar, preferably by referring the situation to the International Criminal Court or alternatively by creating an ad hoc international criminal tribunal . The Mission also recommended the imposition of targeted economic sanctions, including an arms embargo on Burma. (14) In a subsequent report dated August 5, 2019, the United Nations Independent International Fact-Finding Mission on Myanmar found that the Burmese military’s economic interests enable its conduct and that it benefits from and supports extractive industry businesses operating in conflict-affected areas in northern Burma, including natural resources, particularly oil and gas, minerals and gems and argued that through controlling its own business empire, the Tatmadaw can evade the accountability and oversight that normally arise from civilian oversight of military budgets . The report called for the United Nations and individual governments to place targeted sanctions on all senior officials in the Burmese military as well as their economic interests, especially Myanma Economic Holdings Limited and Myanmar Economic Corporation. (15) On February 11, 2021, President Biden issued Executive Order 14014 in response to the coup d’état, authorizing sanctions against the Burmese military, its economic interests, and other perpetrators of the coup. (16) Since the issuance of Executive Order 14014, the Department of the Treasury has imposed sanctions with respect to— (A) multiple high-ranking individuals and their family members, including the Commander-in-Chief of the Burmese military, Min Aung Hlaing; (B) state-owned and military controlled companies, including Myanmar Ruby Enterprise, Myanmar Imperial Jade Co., Ltd., and Cancri (Gems and Jewellery) Co., Ltd; and (C) other corporate entities and Burmese military entities, including the military regime’s State Administrative Council. (17) Pursuant to Executive Order 14014, the United States has also implemented new restrictions on exports and reexports to Burma. (18) On March 22, 2021, the United States designated Burma’s Chief of Police, Than Hlaing, and the Bureau of Special Operations commander, Lieutenant General Aung Soe, for the imposition of sanctions pursuant to Executive Order 14014. The United States further designated 2 army units, the 33rd and 77th Light Infantry Divisions, for the imposition of sanctions pursuant to Executive Order 14014, for being responsible for or complicit in, or having directly or indirectly engaged or attempted to engage in, actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma. (19) On March 25, 2021, the United States designated 2 entities linked to the coup leaders, Myanma Economic Holdings Public Company Limited and Myanmar Economic Corporation Limited. Those entities are the 2 largest military holding companies in Burma, and all shares in those entities are held and managed by current or former members of Burmese military regiments or units, or organizations led by former members of such regiments or units. (20) On April 8, 2021, the United States designated Myanma Gems Enterprise, a Burmese state-owned entity that is responsible for all gemstone activities in Burma, for the imposition of sanctions pursuant to Executive Order 14014. Gemstones are a key economic resource for the Burmese military regime. (21) On May 17, 2021, the United States designated 16 individuals and one entity connected to Burma’s military regime, including 13 key members of the Burmese military and 3 adult children of previously designated Burmese military officials, for the imposition of sanctions pursuant to Executive Order 14014. (22) On July 2, 2021, the United States added the following 4 entities to the Entity List set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, in response to the February 1, 2021, military coup in Burma: (A) King Royal Technologies Co., Ltd., a telecommunications company that provides satellite communications services in support of the Burmese military. (B) Wanbao Mining and its 2 subsidiaries, Myanmar Wanbao Mining Copper, Ltd., and Myanmar Yang Tse Copper, Ltd., copper mining companies that have revenue-sharing agreements with Myanmar Economic Holdings Limited. (23) Myanmar Economic Holdings Limited was added to the Entity List in March 2021. Myanmar Economic Holdings Limited provides revenue for Burma’s Ministry of Defense, an entity responsible for the military coup that was also added to the Entity List in March 2021. Additionally, three of the newly added entities, Wanbao Mining and its 2 subsidiaries, have long been reportedly linked to abuses of labor rights and human rights. (24) On July 2, 2021, the United States designated 22 individuals connected to Burma’s military regime for the imposition of sanctions pursuant to Executive Order 14014. Among the individuals so designated were 7 key members of the Burmese military, which continues to repress the pro-democracy movement in the country and use lethal force against the people of Burma, including children and members of ethnic minority groups. The other 15 individuals are the spouses or adult children of previously designated senior Burmese military officials whose financial networks have contributed to military officials’ ill-gotten gains. I Matters relating to the conflict in Burma 101. Statement of policy It is the policy of the United States— (1) to support genuine democracy, peace, and national reconciliation in Burma; (2) to pursue a strategy of calibrated engagement, which is essential to support the establishment of a peaceful, prosperous, and democratic Burma that includes respect for the human rights of all individuals regardless of ethnicity and religion; (3) to ensure that the objectives guiding such a strategy include— (A) restoring to power a civilian government that reflects the will of the people of Burma; (B) supporting constitutional reforms, ensuring civilian governance and oversight over the military, including reforms— (i) to the provisions reserving 25 percent of parliamentary seats for appointments by the military, which provides the military with veto power over constitutional amendments; and (ii) to provisions granting the military control over the Ministry of Defense, the Ministry of Border Affairs, and the Ministry of Home Affairs; (C) assisting in the establishment of a fully democratic, civilian-led, pluralistic, and representative political system that includes free, fair, credible, and democratic elections in which all people of Burma, including all ethnic minorities, can participate in the political process at all levels including the right to vote and to run for elected office; (D) supporting legal reforms that ensure protection for the civil and political rights of all individuals in Burma, including reforms to laws that criminalize the exercise of human rights and fundamental freedoms, and strengthening respect for and protection of human rights, including freedom of religion or belief; (E) securing the unconditional release of all prisoners of conscience and political prisoners in Burma; (F) strengthening Burma’s civilian governmental institutions, including support for greater transparency and accountability once the military is no longer in power; (G) empowering and resourcing local communities, civil society organizations, and independent media; (H) promoting national reconciliation and the conclusion and credible implementation of a nationwide cease-fire agreement, followed by a peace process that is inclusive of ethnic Rohingya, Shan, Rakhine, Kachin, Chin, and Kayin, and other ethnic groups and leads to the development of a political system that effectively addresses natural resource governance, revenue-sharing, land rights, and constitutional change enabling inclusive peace; (I) ensuring the protection and non-refoulement of refugees fleeing Burma to neighboring countries and prioritizing efforts to create a conducive environment and meaningfully address long-standing structural challenges that undermine the safety and rights of Rohingya in Rakhine State as well as members of other ethnic and religious minorities in Burma, including by creating conditions for the dignified, safe, sustainable, and voluntary return of refugees in Bangladesh, Thailand, and in the surrounding region, and offering compensation or restitution to those who do not want to return; (J) supporting an immediate end to restrictions that hinder the freedom of movement of members of ethnic minorities throughout the country, including Rohingya, and an end to any and all policies and practices designed to forcibly segregate Rohingya, and providing humanitarian support for all internally displaced persons in Burma; (K) ensuring humanitarian actors, media, and human rights mechanisms, including those established by the United Nations Human Rights Council and the United Nations General Assembly, have full and unhindered humanitarian access to all relevant areas of Burma, including Rakhine, Chin, Kachin, Shan, and Kayin States; (L) ensuring accountability through independent, credible international investigations for any potential genocide, war crimes, and crimes against humanity, including those involving sexual and gender-based violence and violence against children, perpetrated against ethnic minorities, including Rohingya, by members of the military and security forces of Burma, and other armed groups involved in conflict; (M) ensuring the military, security, and police forces operate under civilian control and are held accountable in civilian courts for human rights abuses, corruption, and other abuses of power; (N) promoting broad-based, inclusive economic development and fostering healthy and resilient communities; (O) combating corruption and illegal economic activity, including that which involves the military and its close allies; and (P) promoting responsible international and regional engagement; (4) to support and advance the strategy of calibrated engagement, impose targeted sanctions with respect to the Burmese military’s economic interests and major sources of income for the Burmese military, including with respect to— (A) officials in Burma, including the Commander in Chief of the Armed Forces of Burma, Min Aung Hlaing, and all individuals described in paragraphs (1), (2), and (3) of section 202(a), under the authorities provided by title II, Executive Order 14014, and the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 note); (B) enterprises owned or controlled by the Burmese military, including the Myanmar Economic Corporation, Union of Myanmar Economic Holding, Ltd., and all other entities described in section 202(a)(4), under the authorities provided by title II, the Burmese Freedom and Democracy Act of 2003 ( Public Law 108–61 ; 50 U.S.C. 1701 note), the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 ( Public Law 110–286 ; 50 U.S.C. 1701 note), other relevant statutory authorities, and Executive Order 14014; and (C) state-owned economic enterprises if the Secretary of the Treasury or other competent authority determines that— (i) there is a substantial risk of the Burmese military accessing the accounts of such an enterprise; and (ii) the imposition of sanctions would not cause disproportionate harm to the people of Burma, the restoration of a civilian government in Burma, or the national interest of the United States; and (5) to ensure that any sanctions imposed with respect to entities or individuals are carefully targeted to maximize impact on the military and security forces of Burma and its economic interests while minimizing impact on the people of Burma, recognizing the calls from the people of Burma for the United States to take action against the sources of income for the military and security forces of Burma. II Sanctions and import restrictions with respect to Burma A Imposition of sanctions 201. Definitions In this subtitle: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) Correspondent account; payable-through account The terms correspondent account and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (4) Foreign financial institution The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury by regulation. (5) Foreign person The term foreign person means a person that is not a United States person. (6) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) Person The term person means an individual or entity. (8) Support The term support , with respect to the Burmese military, means to knowingly have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of the Burmese military. (9) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 202. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma (a) Mandatory sanctions Not later than 30 days after the enactment of this Act, the President shall impose the sanctions described in subsection (d) with respect to any foreign person that the President determines— (1) knowingly operates or operated in the defense sector of the Burmese economy; (2) is responsible for or complicit in, or has directly or indirectly and knowingly engaged or attempted to engage in— (A) actions or policies that undermine democratic processes or institutions in Burma; (B) actions or policies that threaten the peace, security, or stability of Burma; (C) actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma, or that limit access to print, online, or broadcast media in Burma; or (D) the arbitrary detention or torture of any person in Burma or other serious human rights abuse in Burma; (3) to knowingly be or have been a senior leader or official of— (A) the Burmese military or security forces of Burma, or any successor entity to any of such forces; (B) the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-appointed minister of a Burmese state or region; or (C) an entity that has, or whose members have, engaged in any activity described in paragraph (2); (4) knowingly operates— (A) any entity that is a state-owned economic enterprise under Burmese law (other than the entity specified in subsection (c)) that benefits the Burmese military, including the Myanma Gems Enterprise; or (B) any entity controlled in whole or in part by an entity described in subparagraph (A), or a successor to such an entity, that benefits the Burmese military; (5) knowingly and materially violates, attempts to violate, conspires to violate, or has caused or attempted to cause a violation of any license, order, regulation, or prohibition contained in or issued pursuant to Executive Order 14014 or this Act; (6) to be an adult family member of any person described in any of paragraphs (1) through (5); (7) knowingly facilitates a significant transaction or transactions for or on behalf of a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (6); (8) to be owned or controlled by, or to have acted for or on behalf of, directly or indirectly, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (6); or (9) to have knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs (1) through (6). (b) Additional measure relating to facilitation of transactions The Secretary of the Treasury shall, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person described in subsection (a). (c) Discretionary sanctions (1) In general Beginning on the date that is 60 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (d) with respect to the Myanma Oil and Gas Enterprise if the President determines and certifies to the appropriate congressional committees, not later than 30 days before imposing such sanctions, that imposing sanctions with respect to the Myanma Oil and Gas Enterprise— (A) would reduce the ability of the Burmese military to engage in the activities described in subparagraphs (A) through (D) of subsection (a)(2); (B) would bring benefits to the people of Burma that exceed the potential negative impacts of the sanctions on the humanitarian and economic outlook of the people of Burma; and (C) is in the national interest of the United States. (2) Licenses The Secretary of the Treasury may grant a license to allow the Myanma Oil and Gas Enterprise and a joint venture in which the Myanma Oil and Gas Enterprise participates to continue operating in a manner that does not provide revenue or other economic benefits to the Burmese military or members of the Burmese military. (d) Sanctions described The sanctions that may be imposed with respect to a foreign person described in subsection (a) or (c) are the following: (1) Property blocking Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the President may exercise of all powers granted to the President by that Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Foreign exchange The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. (3) Aliens inadmissible for visas, admission, or parole (A) In general An alien described in subsection (a) is— (i) inadmissible to the United States; (ii) ineligible for a visa or travel to the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other documentation issued to an alien described in subsection (a) shall be revoked, regardless of when such visa or other documentation is or was issued. (ii) Effect of revocation A visa or other entry documentation revoked under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), no longer be valid for travel to the United States. (e) Exceptions (1) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) Exception to comply with united nations headquarters agreement Sanctions under subsection (d)(3) shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations. (f) Waiver (1) In general The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. (2) Sunset The authority to issue a waiver under paragraph (1) shall terminate on the date that is 2 years after the date of enactment of this Act. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subtitle. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this subtitle or any regulation, license, or order issued to carry out this subtitle shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (h) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other United States Government agencies, as appropriate, shall submit to the appropriate congressional committees a report that— (1) sets forth the plan of the Department of the Treasury for ensuring that property blocked pursuant to subsection (a) or Executive Order 14014 remains blocked; (2) describes the primary sources of income to which the Burmese military has access and that the United States has been unable to reach using sanctions authorities; (3) makes recommendations for how the sources of income described in paragraph (2) can be reduced or blocked; and (4) evaluates the implications of imposing sanctions on the Burmese-government owned Myanmar Oil and Gas Enterprise, including a determination with respect to the extent to which sanctions on Myanmar Oil and Gas Enterprise would advance the interests of the United States in Burma. 203. Authorization to prohibit imports from the Burmese gemstone sector (a) In general The President may prohibit all imports of precious and semi-precious gemstones from Burma into the United States. (b) Termination This section shall terminate on the date on which the President submits to the appropriate congressional committees a certification that— (1) the Burmese military has released all political prisoners taken into custody on or after February 1, 2021; (2) the elected government has been reinstated or new free and fair elections have been held; (3) all legal charges against those winning election in November 2020 are dropped; (4) the 2008 Constitution of Burma has been amended or replaced to place the Burmese military under civilian oversight and the Burmese military no longer automatically receives 25 percent of seats in Burma’s state, regional, and national Hluttaws; (5) that the gemstone sector of Burma is free from the influence of the Burmese military and that none of the entities described in section 202(a) hold gemstone permits; (6) Burma has been re-admitted to the Extractive Industries Transparency Initiative; (7) all entities participating in the gemstone sector in Burma have publicly disclosed their beneficial ownership consistent with requirements set forth in the guidelines of the Extractive Industries Transparency Initiative; (8) the licensing and permitting process is conducted in a transparent and open manner, with contracts disclosed publicly; and (9) the Myanma Gems Enterprise no longer acts as both a regulator and commercial partner in mining enterprises. 204. Certification requirement for removal of certain persons from the list of specially designated nationals and blocked persons (a) In general On or after the date of the enactment of this Act, the President may not remove a person described in subsection (b) from the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list ) until the President submits to the appropriate congressional committees a certification described in subsection (c) with respect to the person. (b) Persons described A person described in this subsection is a foreign person included in the SDN list for violations of part 525 of title 31, Code of Federal Regulations, or any other regulations imposing sanctions on or related to Burma. (c) Certification described A certification described in this subsection, with respect to a person described in subsection (b), is a certification that the person has not knowingly assisted in, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of— (1) terrorism or a terrorist organization; (2) a significant foreign narcotics trafficker (as defined in section 808 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1907 )); (3) a significant transnational criminal organization under Executive Order 13581 ( 50 U.S.C. 1701 note; relating to blocking property of transnational criminal organizations); or (4) any other person on the SDN list. (d) Form A certification described in subsection (c) shall be submitted in unclassified form but may include a classified annex. 205. Sunset (a) In general The authority to impose sanctions under this title shall terminate on the date that is 8 years after the date of the enactment of this Act. (b) Continuation in effect of sanctions Sanctions imposed under this subtitle on or before the date specified in subsection (a), and in effect as of such date, shall remain in effect until the date on which the President submits to the appropriate congressional committees a certification that— (1) the Burmese military has released all political prisoners taken into custody on or after February 1, 2021; (2) the elected government has been reinstated or new free and fair elections have been held; (3) all legal charges against those winning election in November 2020 are dropped; and (4) the 2008 Constitution of Burma has been amended or replaced to place the Burmese military under civilian oversight and the Burmese military no longer automatically receives 25 percent of seats in Burma’s state, regional, and national Hluttaws. B Coordination of sanctions 211. Sanctions and policy coordination for Burma (a) In general The Secretary of State may designate an official of the Department of State to serve as the United States Special Coordinator for Burmese Democracy (in this section referred to as the Special Coordinator ). (b) Central objective The Special Coordinator should develop a comprehensive strategy for the implementation of the full range of United States diplomatic capabilities, including the provisions of this Act, to promote human rights and the restoration of civilian government in Burma. (c) Duties and responsibilities The Special Coordinator should, as appropriate, assist in— (1) coordinating the sanctions policies of the United States under section 202 with relevant bureaus and offices within the Department of State, other relevant United States Government agencies, and international financial institutions; (2) conducting relevant research and vetting of entities and individuals that may be subject to sanctions under section 202 and coordinate with other United States Government agencies and international financial intelligence units to assist in efforts to enforce anti-money laundering and anti-corruption laws and regulations; (3) promoting a comprehensive international effort to impose and enforce multilateral sanctions with respect to Burma; (4) coordinating with and supporting interagency United States Government efforts, including efforts of the United States Ambassador to Burma and the United States Permanent Representative to the United Nations, relating to— (A) identifying opportunities to coordinate with and exert pressure on the governments of the People’s Republic of China and the Russian Federation to support multilateral action against the Burmese military; (B) working with like-minded partners to impose a coordinated arms embargo on the Burmese military and targeted sanctions on the economic interests of the Burmese military, including through the introduction and adoption of a United Nations Security Council resolution; (C) engaging in direct dialogue with Burmese civil society, democracy advocates, ethnic minority representative groups, and organizations or groups representing the protest movement and the officials elected in 2020, such as the Committee Representing the Pyidaungsu Hluttaw, the National Unity Government, the National Unity Consultative Council, and their designated representatives; (D) encouraging the National Unity Government to incorporate accountability mechanisms in relation to the atrocities against Rohingya and other ethnic groups, to take further steps to make its leadership and membership ethnically diverse, and to incorporate measures to enhance ethnic reconciliation and national unity into its policy agenda; (E) assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to secure the release of all political prisoners in Burma, promote respect for human rights, and encourage dialogue; and (F) supporting nongovernmental organizations operating in Burma and neighboring countries working to restore civilian democratic rule to Burma and to address the urgent humanitarian needs of the people of Burma; and (5) providing timely input for reporting on the impacts of the implementation of sections 202 and 203 on the Burmese military and the people of Burma. III Humanitarian assistance and civil society support with respect to Burma 301. Support to civil society and independent media (a) Authorization To provide support The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide support to civil society in Burma, Bangladesh, Thailand, and the surrounding region, including by— (1) ensuring the safety of democracy activists, civil society leaders, independent media, participants in the Civil Disobedience Movement, and government defectors exercising their fundamental rights by— (A) supporting safe houses for those under threat of arbitrary arrest or detention; (B) providing access to secure channels for communication; (C) assisting individuals forced to flee from Burma and take shelter in neighboring countries, including in ensuring protection assistance and non-refoulement; and (D) providing funding to organizations that equip activists, civil society organizations, and independent media with consistent, long-term technical support on physical and digital security in local languages; (2) supporting democracy activists in their efforts to promote freedom, democracy, and human rights in Burma, by— (A) providing aid and training to democracy activists in Burma; (B) providing aid to individuals and groups conducting democracy programming outside of Burma targeted at a peaceful transition to constitutional democracy inside Burma; (C) providing aid and assistance to independent media outlets and journalists and groups working to protect internet freedom and maintain independent media; (D) expanding radio and television broadcasting into Burma; and (E) providing financial support to civil society organizations and nongovernmental organizations led by members of ethnic and religious minority groups within Burma and its cross-border regions; (3) assisting ethnic minority groups and civil society in Burma to further prospects for justice, reconciliation, and sustainable peace; and (4) promoting ethnic minority inclusion and participation in political processes in Burma. (b) Authorization of appropriations There are authorized to be appropriated $50,000,000 to carry out the provisions of this section for each of fiscal years 2022 through 2027. 302. Humanitarian assistance and reconciliation (a) Authorization To provide humanitarian assistance The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide humanitarian assistance and reconciliation activities for ethnic groups and civil society organizations in Burma, Bangladesh, Thailand, and the surrounding region, including— (1) assistance for victims of violence by the Burmese military, including Rohingya and individuals from other ethnic minorities displaced or otherwise affected by conflict, in Burma, Bangladesh, Thailand, and the surrounding region; (2) support for voluntary resettlement or repatriation of displaced individuals in Burma, upon the conclusion of genuine agreements developed and negotiated with the involvement and consultation of the displaced individuals and if resettlement or repatriation is safe, voluntary, and dignified; (3) support for the promotion of ethnic and religious tolerance, improving social cohesion, combating gender-based violence, increasing the engagement of women in peacebuilding, and mitigating human rights violations and abuses against children; (4) support for— (A) primary, secondary, and tertiary education for displaced children living in areas of Burma affected by conflict; and (B) refugee camps in the surrounding region and opportunities to access to higher education in Bangladesh and Thailand; (5) capacity-building support— (A) to ensure that displaced individuals are consulted and participate in decision-making processes affecting the displaced individuals; and (B) for the creation of mechanisms to facilitate the participation of displaced individuals in such processes; and (6) increased humanitarian aid to Burma to address the dire humanitarian situation that has uprooted 170,000 people through— (A) international aid partners such as agencies of the United Nations; (B) the International Committee of the Red Cross; and (C) cross-border aid. (b) Authorization of appropriations There are authorized to be appropriated $220,500,000 to carry out the provisions of this section for fiscal year 2022. 303. Authorization of assistance for Burma political prisoners (a) Sense of Congress It is the sense of Congress that— (1) the freedom of expression is an inalienable right; (2) the Government of Burma must immediately drop defamation charges against all individuals unjustly detained, including the 3 Kachin activists, Lum Zawng, Nang Pu, and Zau Jet, who led a peaceful rally in Mytkyina, the capital of Kachin State in April 2018, and that the prosecution of Lum Zawng, Nang Pu, and Zau Jet is an attempt by Burmese authorities to intimidate, harass, and silence community leaders and human rights defenders who speak out about military abuses and their impact on civilian populations; (3) freedom of expression, including for members of the press, is a human right and should be upheld and protected in Burma and everywhere, and Burmese authorities must immediately cease the arbitrary arrest, detention, imprisonment, and physical attacks of journalists, which have created a climate of fear and self-censorship among local journalists; and (4) the Burmese military should immediately and unconditionally release Danny Fester and other journalists unjustly detained for their work. (b) Statement of policy It is the policy of the United States that— (1) all prisoners of conscience and political prisoners in Burma should be unconditionally and immediately released; (2) all diplomatic tools of the United States should be invoked to ensure that all prisoners of conscience and political prisoners in Burma are released; and (3) the Government of Burma should repeal or amend all laws that violate the right to freedom of expression, peaceful assembly, or association, and ensure that laws such as the Telecommunications Law of 2013 and the Unlawful Associations Act of 1908, and laws relating to the right to peaceful assembly all comply with Burma’s human rights obligations. (c) Political prisoners assistance The Secretary of State is authorized to continue to provide assistance to civil society organizations in Burma that work to secure the release of and support prisoners of conscience and political prisoners in Burma, including— (1) support for the documentation of human rights violations with respect to prisoners of conscience and political prisoners; (2) support for advocacy in Burma to raise awareness of issues relating to prisoners of conscience and political prisoners; (3) support for efforts to repeal or amend laws that are used to imprison individuals as prisoners of conscience or political prisoners; (4) support for health, including mental health, and post-incarceration assistance in gaining access to education and employment opportunities or other forms of reparation to enable former prisoners of conscience and political prisoners to resume normal lives; and (5) the creation, in consultation with former political prisoners and prisoners of conscience, their families, and their representatives, of an independent prisoner review mechanism in Burma— (A) to review the cases of individuals who may have been charged or deprived of their liberty for peacefully exercising their human rights; (B) to review all laws used to arrest, prosecute, and punish individuals as political prisoners and prisoners of conscience; and (C) to provide recommendations to the Government of Burma for the repeal or amendment of all such laws. (d) Termination The authority to provide assistance under this section shall terminate on the date that is 8 years after the date of the enactment of this Act. IV Accountability for human rights abuses 401. Evaluation of attacks against Rohingya in Burma (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, after consultation with the heads of other United States Government agencies represented on the Atrocity Early Warning Task Force and representatives of human rights organizations, as appropriate, shall submit to the appropriate congressional committees an evaluation of the persecution of, including attacks against, Rohingya in Burma by the Burmese military, including— (1) an assessment of whether the situation constitutes genocide (as defined in section 1091 of title 18, United States Code); and (2) a detailed description of any proposed atrocities prevention response recommended by the Atrocity Early Warning Task Force. (b) Form (1) In general The evaluation required by subsection (a) shall be submitted in unclassified form, but may include a classified annex as necessary. (2) Publication of unclassified portion The unclassified portion of the evaluation required by subsection (a) shall be posted on a publicly available internet website of the Department of State. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 402. Report on accountability for war crimes, crimes against humanity, and genocide in Burma (a) Statement of policy It is the policy of the United States— (1) to continue the support of ongoing mechanisms and special procedures of the United Nations Human Rights Council, including the United Nations Independent Investigative Mechanism for Myanmar and the Special Rapporteur on the situation of human rights in Myanmar; and (2) to refute the credibility and impartiality of efforts sponsored by the Government of Burma, such as the Independent Commission of Enquiry, unless the United States Ambassador at Large for Global Criminal Justice determines the efforts to be credible and impartial and notifies the appropriate congressional committees in writing and in unclassified form regarding that determination. (b) Report required Not later than 90 days after the date of the enactment of this Act, the Secretary of State, after consultation with the heads of other United States Government agencies, as appropriate, shall submit to the appropriate congressional committees a report that— (1) after consulting with the Atrocity Early Warning Task Force, or any successor entity or office, provides a detailed description of any proposed atrocity prevention response recommended by the Task Force; (2) summarizes any atrocity crimes committed against Rohingya or members of other ethnic minority groups in Burma between 2012 and the date of the submission of the report; (3) describes any potential transitional justice mechanisms for Burma; (4) provides an analysis of whether the reports summarized under paragraph (2) amount to war crimes, crimes against humanity, or genocide; and (5) includes a determination with respect to whether— (A) the persecution of, including attacks against, Rohingya in Burma by the Burmese military constitutes genocide; and (B) events that took place during or after the coup of February 1, 2021, in any state in Burma constitute war crimes or crimes against humanity. (c) Elements The report required by subsection (b) shall include the following: (1) A description of— (A) credible evidence of events that may constitute war crimes, crimes against humanity, or genocide committed by the Burmese military against Rohingya and members of other ethnic minority groups, including the identities of any other actors involved in the events; (B) the role of the civilian government in the commission of any events described in subparagraph (A); (C) credible evidence of events of war crimes, crimes against humanity, or genocide committed by other armed groups in Burma; (D) attacks on health workers, health facilities, health transport, or patients and, to the extent possible, the identities of any individuals who engaged in or organized such attacks in Burma; and (E) to the extent possible, the conventional and unconventional weapons used for any events or attacks described in this paragraph and the sources of such weapons. (2) In consultation with the Administrator of the United States Agency for International Development, the Attorney General, and heads of any other appropriate United States Government agencies, as appropriate, a description and assessment of the effectiveness of any efforts undertaken by the United States to promote accountability for any atrocity crimes perpetrated against Rohingya by the Burmese military, the government of the Rakhine State, pro-government militias, or other armed groups operating in the Rakhine State, including efforts— (A) to train civilian investigators, within and outside of Burma and Bangladesh, to document, investigate, develop findings of, identify, and locate alleged perpetrators of war crimes, crimes against humanity, or genocide in Burma; (B) to promote and prepare for a transitional justice mechanism for the perpetrators of war crimes, crimes against humanity, and genocide occurring in the Rakhine State in 2017; and (C) to document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Burma, including by— (i) providing support for ethnic Rohingya, Shan, Rakhine, Kachin, Chin, and Kayin and other ethnic minorities; (ii) Burmese, Bangladeshi, foreign, and international nongovernmental organizations; (iii) the Independent Investigative Mechanism for Myanmar; and (iv) other entities engaged in investigative activities with respect to war crimes, crimes against humanity, and genocide in Burma. (3) A detailed study of the feasibility and desirability of a transitional justice mechanism for Burma, such as an international tribunal, a hybrid tribunal, or other options, that includes— (A) a discussion of the use of universal jurisdiction or of legal cases brought against Burma by other countries at the International Court of Justice regarding any atrocity crimes perpetrated in Burma; (B) recommendations for any transitional justice mechanism the United States should support, the reason the mechanism should be supported, and the type of support that should be offered; and (C) consultation regarding transitional justice mechanisms with representatives of Rohingya and individuals from other ethnic minority groups who have suffered human rights violations and abuses. (d) Protection of witnesses and evidence The Secretary of State shall seek to ensure that the identification of witnesses and physical evidence used for the report required by this section are not publicly disclosed in a manner that might place witnesses at risk of harm or encourage the destruction of evidence by the military or government of Burma. (e) Form of report; public availability (1) Form The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (2) Public availability The unclassified portion of the report required by subsection (b) shall be posted on a publicly available internet website. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 403. Authorization to provide technical assistance for efforts against human rights abuses (a) In general The Secretary of State is authorized to provide assistance to support appropriate civilian or international entities that— (1) identify suspected perpetrators of war crimes, crimes against humanity, and genocide; (2) collect, document, and protect evidence of crimes and preserving the chain of custody for such evidence; (3) conduct criminal investigations of such crimes; and (4) support investigations conducted by other countries, and by entities mandated by the United Nations, such as the Independent Investigative Mechanism for Myanmar. (b) Authorization for transitional justice mechanisms The Secretary of State, taking into account any relevant findings in the report submitted under section 402, is authorized to provide support for the establishment and operation of transitional justice mechanisms, including a hybrid tribunal, to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide in Burma. V United Nations action 501. Support for greater United Nations action with respect to Burma (a) Sense of Congress It is the sense of Congress that— (1) the United Nations Security Council has not taken adequate steps to condemn the February 1, 2021, coup in Burma, pressure the Burmese military to cease its violence against civilians, or secure the release of those unjustly detained; and (2) countries, such as the People’s Republic of China and the Russian Federation, that are directly or indirectly shielding the Burmese military from international scrutiny and action, should be obliged to endure the reputational damage of doing so by taking public votes on resolutions related to Burma that apply greater pressure on the Burmese military to restore Burma to its democratic path. (b) Support for greater action The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to spur greater action by the United Nations and the United Nations Security Council with respect to Burma by— (1) pushing the United Nations Security Council to consider a resolution condemning the February 1, 2021, coup and calling on the Burmese military to cease its violence against the people of Burma and release without preconditions the journalists, pro-democracy activists, and political officials that it has unjustly detained; (2) pushing the United Nations Security Council to consider a resolution that immediately imposes a global arms embargo against Burma to ensure that the Burmese military is not able to obtain weapons and munitions from other nations to further harm, murder, and oppress the people of Burma; (3) pushing the United Nations and other United Nations authorities to cut off assistance to the Government of Burma while providing humanitarian assistance directly to the people of Burma through civil society organizations, particularly such organizations working with ethnic minorities that have been adversely affected by the coup and the Burmese military’s violent crackdown; (4) objecting to the appointment of representatives to the United Nations and United Nations bodies such as the Human Rights Council that are sanctioned by the Burmese military; (5) working to ensure the Burmese military is not recognized as the legitimate government of Burma in any United Nations body; and (6) spurring the United Nations Security Council to consider multilateral sanctions against the Burmese military for its atrocities against Rohingya and individuals of other ethnic and religious minorities, its coup, and the crimes against humanity it has and continues to commit in the coup’s aftermath. | https://www.govinfo.gov/content/pkg/BILLS-117s2937is/xml/BILLS-117s2937is.xml |
117-s-2938 | II 117th CONGRESS 1st Session S. 2938 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Rubio (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To designate the United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida, as the Joseph Woodrow Hatchett United States Courthouse and Federal Building , and for other purposes.
1. Joseph Woodrow Hatchett United States Courthouse and Federal Building (a) Designation The United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida, shall be known and designated as the Joseph Woodrow Hatchett United States Courthouse and Federal Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Courthouse and Federal Building referred to in subsection (a) shall be deemed to be a reference to the Joseph Woodrow Hatchett United States Courthouse and Federal Building . | https://www.govinfo.gov/content/pkg/BILLS-117s2938is/xml/BILLS-117s2938is.xml |
117-s-2939 | II 117th CONGRESS 1st Session S. 2939 IN THE SENATE OF THE UNITED STATES October 5, 2021 Mr. Bennet (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to support State and local governments making a transition to ranked choice voting.
1. Short title This Act may be cited as the Voter Choice Act . 2. Assistance for transition to ranked choice voting (a) In general Title V of the Help America Vote Act of 2002 ( 52 U.S.C. 21121 et seq. ) is amended by adding at the end the following: B Ranked Choice Voting Program 511. Ranked choice voting program (a) Definition of ranked choice voting system For purposes of this subtitle, the term ranked choice voting system means a set of election methods which allow each voter to rank contest options in order of the voter's preference, in which votes are counted in rounds using a series of runoff tabulations to defeat contest options with the fewest votes, and which elects a winner with a majority of final round votes in a single-winner contest and provides proportional representation in multi-winner contests. (b) Program The Commission shall establish a program under which the Commission— (1) provides technical assistance to State and local governments that are considering whether to make, or that are in the process of making, a transition to a ranked choice voting system for Federal, State, or local elections; and (2) awards grants to States and local government to support the transition to a ranked choice voting system, including through the acquisition of voting equipment and tabulation software, appropriate ballot design, the development and publication of educational materials, and voter outreach. (c) Rules for grants (1) Selection of grant recipients To the extent possible, the Commission shall award grants under subsection (b)(2) to areas that represent a diversity of jurisdictions with respect to geography, population characteristics, and population density. (2) Award limitation The amount of any grant awarded under subsection (b)(2) shall not exceed 50 percent of the cost of the activities covered by the grant. 512. Authorization of appropriations (a) In general In addition to any funds authorized to be appropriated to the Commission under section 210, there are authorized to be appropriated to carry out this subtitle $40,000,000 for fiscal year 2021. (b) Availability of funds Amounts appropriated pursuant to the authorization under this section shall remain available, without fiscal year limitation, until expended. . (b) Conforming amendments (1) Section 202(6) of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended by striking the Help America Vote College Program under title V and inserting the programs under title V . (2) Title V of the Help America Vote Act of 2002 ( 52 U.S.C. 21121 et seq. ) is amended by striking the matter preceding section 501 and inserting the following: V Election Assistance Programs A Help America Vote College Program . (3) Section 503 of such Act ( 52 U.S.C. 21123 ) is amended by striking title and inserting subtitle . (4) The table of sections of the Help America Vote Act of 2002 is amended— (A) by striking the item relating to title V and inserting the following: Title V—Election Assistance Programs Subtitle A—Help America Vote College Program ; and (B) by inserting after the item relating to section 503 the following: Subtitle B—Ranked Choice Voting Program Sec. 511. Ranked Choice Voting Program. Sec. 512. Authorization of appropriations. . | https://www.govinfo.gov/content/pkg/BILLS-117s2939is/xml/BILLS-117s2939is.xml |
117-s-2940 | II 117th CONGRESS 1st Session S. 2940 IN THE SENATE OF THE UNITED STATES October 6, 2021 Ms. Stabenow (for herself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make permanent the 7-year recovery period for motorsports entertainment complexes.
1. Short title This Act may be cited as the Motorsports Fairness and Permanency Act of 2021 . 2. 7-year recovery period for motorsports entertainment complexes made permanent Section 168(i)(15) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). | https://www.govinfo.gov/content/pkg/BILLS-117s2940is/xml/BILLS-117s2940is.xml |
117-s-2941 | II 117th CONGRESS 1st Session S. 2941 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Cassidy (for himself, Mr. King , Mrs. Blackburn , Ms. Murkowski , Mr. Wicker , Mr. Boozman , Mrs. Hyde-Smith , Mrs. Shaheen , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster.
1. Short title This Act may be cited as the Good Samaritan Health Professionals Act of 2021 . 2. Limitation on liability for volunteer health care professionals (a) In general Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by inserting after section 224 the following: 224A. Limitation on liability for volunteer health care professionals (a) Limitation on liability Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional in the provision of health care services if— (1) the professional is serving, for purposes of responding to a disaster, as a volunteer; and (2) the act or omission occurs— (A) during the period of the disaster, as determined under the laws listed in subsection (d)(1); (B) in the State or States for which the disaster is declared; (C) in the health care professional’s capacity as a volunteer; (D) in the course of providing services that are within the scope of the license, registration, or certification of the volunteer, as defined by the State of licensure, registration, or certification; and (E) in a good faith belief that the individual being treated is in need of health care services. (b) Exceptions Subsection (a) does not apply if— (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or (2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug. (c) Preemption (1) In general This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. (2) Volunteer Protection Act Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997. (d) Definitions In this section: (1) The term disaster means— (A) a national emergency declared by the President under the National Emergencies Act; (B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or (C) a public health emergency that is determined by the Secretary under section 319 of this Act with respect to one or more States specified in such determination— (i) during only the initial period covered by such determination; and (ii) excluding any period covered by a renewal of such determination. (2) The term harm includes physical, nonphysical, economic, and noneconomic losses. (3) The term health care professional means an individual who is licensed, registered, or certified under Federal or State law to provide health care services. (4) The term health care services means any services provided by a health care professional, or by any individual working under the supervision of a health care professional, that relate to— (A) the diagnosis, prevention, or treatment of any human disease or impairment; or (B) the assessment or care of the health of a human being. (5) The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. (6) (A) The term volunteer means a health care professional who, with respect to the health care services rendered, does not receive— (i) compensation; or (ii) any other thing of value in lieu of compensation, in excess of $500 per year. (B) For purposes of subparagraph (A), the term compensation — (i) includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and (ii) excludes— (I) reasonable reimbursement or allowance for expenses actually incurred; (II) receipt of paid leave; and (III) receipt of items to be used exclusively for rendering the health services in the health care professional’s capacity as a volunteer described in subsection (a)(1). . (b) Effective date (1) In general Section 224A of the Public Health Service Act, as added by subsection (a), shall take effect 90 days after the date of the enactment of this Act. (2) Application Section 224A of the Public Health Service Act, as added by subsection (a), applies to a claim for harm only if the act or omission that caused such harm occurred on or after the effective date described in paragraph (1). 3. Sense of Congress It is the sense of Congress that— (1) health care professionals should be encouraged to register with the Emergency System for Advance Registration of Volunteer Health Professionals (ESAR–VHP), and States should employ online registration with the promptest processing possible of such registrations to foster the rapid deployment and utilization of volunteer health care professionals following a disaster; (2) Federal and State agencies and licensing boards should cooperate to facilitate the timely movement of properly licensed volunteer health care professionals to areas affected by a disaster; and (3) the appropriate licensing entities should verify the licenses of volunteer health care professionals serving disaster victims as soon as is reasonably practical following a disaster. | https://www.govinfo.gov/content/pkg/BILLS-117s2941is/xml/BILLS-117s2941is.xml |
117-s-2942 | II 117th CONGRESS 1st Session S. 2942 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Booker (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Crossroads of the American Revolution National Heritage Area, and for other purposes.
1. Short title This Act may be cited as the Crossroads of the American Revolution National Heritage Area Act of 2021 . 2. Removal of funding limitation; Reauthorization (a) Removal of funding limitation Section 297G(a) of the National Heritage Areas Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 , 120 Stat. 1844) is amended to read as follows: (a) In general There is authorized to be appropriated to carry out this subtitle $1,000,000 for each fiscal year. . (b) Reauthorization Section 297H of the National Heritage Areas Act of 2006 ( 54 U.S.C. 320101 note; Public Law 109–338 , 120 Stat. 1844) is amended by striking terminates on the date that is 15 years after the date of enactment of this Act and inserting terminates on September 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s2942is/xml/BILLS-117s2942is.xml |
117-s-2943 | II 117th CONGRESS 1st Session S. 2943 IN THE SENATE OF THE UNITED STATES October 6, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require certain entities to disclose to the Secretary of Homeland Security ransom payments, and for other purposes.
1. Short title This Act may be cited as the Ransom Disclosure Act . 2. Disclosure of ransom payments (a) Definitions In this section: (1) Covered entity The term covered entity — (A) means a public or private entity that— (i) is engaged in interstate commerce or an activity affecting interstate commerce; or (ii) receives Federal funds; (B) includes a local government; and (C) does not include an individual. (2) Information system The term information system has the meaning given such term in section 3502 of title 44, United States Code. (3) Ransom The term ransom means money or other thing of value demanded by an actor from a covered entity or individual after such actor gains control of an information system of such entity or individual. (4) Secretary The term Secretary means the Secretary of Homeland Security. (b) Disclosure required Not later than 48 hours after a covered entity pays a ransom, the covered entity shall disclose to the Secretary, in accordance with subsection (c), such payment. (c) Contents A disclosure made under subsection (b) shall include, with respect to the ransom at issue, the following: (1) The date on which such ransom was demanded. (2) The date on which such ransom was paid. (3) The amount of such ransom demanded. (4) The amount of such ransom paid. (5) An identification of the currency, including if cryptocurrency, used for payment of such ransom. (6) Whether the covered entity that paid such ransom receives Federal funds. (7) Any known information regarding the identity of the actor demanding such ransom. (d) Noncompliance The Secretary shall establish by regulation appropriate penalties for a covered entity that fails to make a disclosure required under subsection (b). (e) Public availability (1) In general Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary shall publish on a publicly available website of the Department of Homeland Security the information disclosed under subsection (b) during the preceding 1-year period, including the total dollar amount of ransoms paid by covered entities during such period. (2) Exclusion of identifying information Information that reveals the identity of a covered entity that made a disclosure under subsection (b) shall be excluded from the information published under paragraph (1). (f) Study and report on ransom commonalities (1) Study The Secretary shall conduct a study to determine— (A) if there are commonalities with respect to the information disclosed under subsection (b); and (B) the extent to which cryptocurrency has facilitated the kinds of attacks that resulted in the payment of ransoms by covered entities. (2) Report Not later than 15 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes— (A) the findings of the study conducted under paragraph (1); and (B) such recommendations as the Secretary considers appropriate for protecting the information systems of covered entities. (g) Individual reporting (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a website through which individuals may voluntarily report the payment of a ransom by the individual. (2) Incorporation of data To the greatest extent practicable, the Secretary shall incorporate data from reporting by individuals under paragraph (1) in— (A) the information published under subsection (e); and (B) the study conducted under subsection (f). (h) Applicability This section shall apply to ransoms paid on or after the date that is 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2943is/xml/BILLS-117s2943is.xml |
117-s-2944 | II 117th CONGRESS 1st Session S. 2944 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making supplemental appropriations for the fiscal year ending September 30, 2022, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: Department of Defense Procurement Procurement, Defense-Wide For an additional amount for Procurement, Defense-Wide , $1,000,000,000, to remain available until September 30, 2024, for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided , That such funds shall be provided to address emergent requirements in support of Operation Guardian of the Walls: Provided further , That such funds shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided further , That nothing in the preceding provisos shall be construed to apply to amounts made available in prior appropriations Acts for the procurement of the Iron Dome defense system: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. General Provisions—This Act 101. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 102. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. 103. Prevention of funds being allocated to the Taliban (a) There is hereby rescinded all of the unobligated balances from the amounts appropriated or otherwise made available to the covered funds for reconstruction activities in Afghanistan. (b) In this section, the term covered funds means, with respect to amounts appropriated for Afghanistan— (1) the Afghanistan Security Forces Fund (ASFF); (2) the Economic Support Fund (ESF); (3) International Narcotics Control and Law Enforcement (INCLE); (4) the Commanders’ Emergency Response Program (CERP); (5) Drug Interdiction and Counter-Drug Activities (DICDA); (6) Migration and Refugee Assistance (MRA); (7) International Disaster Assistance (IDA); and (8) Non-Proliferation, Antiterrorism, Demining, and Related (NADR). This Act may be cited as the Funding Iron Dome by Defunding the Taliban Act . | https://www.govinfo.gov/content/pkg/BILLS-117s2944is/xml/BILLS-117s2944is.xml |
117-s-2945 | II 117th CONGRESS 1st Session S. 2945 IN THE SENATE OF THE UNITED STATES October 6, 2021 Ms. Ernst (for herself, Mr. Cornyn , Mr. Tillis , Ms. Collins , Mr. Cramer , Mrs. Hyde-Smith , Mrs. Blackburn , Mr. Grassley , Mr. Cotton , Mr. Lankford , Mr. Lee , Ms. Lummis , Mr. Portman , Mr. Hoeven , Mrs. Capito , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To include sexual assault and aggravated sexual violence in the definition of aggravated felonies under the Immigration and Nationality Act in order to expedite the removal of aliens convicted of such crimes.
1. Short titles This Act may be cited as the Better Enforcement of Grievous Offenses by unNaturalized Emigrants or the BE GONE Act . 2. Expanding the definition of aggravated felonies under the Immigration and Nationality Act Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended— (1) in subparagraph (T), by striking and at the end; (2) in subparagraph (U), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (V) sexual assault and aggravated sexual violence. . | https://www.govinfo.gov/content/pkg/BILLS-117s2945is/xml/BILLS-117s2945is.xml |
117-s-2946 | II 117th CONGRESS 1st Session S. 2946 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Rubio (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of the Navy to notify Congress of pending action to strike from the Naval Vessel Register any naval vessel that is a viable candidate for artificial reefing, and for other purposes.
1. Short title This Act may be cited as the Re-using Equipment for Environmental Fortification Act or the REEF Act . 2. Congressional notification of pending action to strike from the Naval Vessel Register naval vessels that are viable candidates for artificial reefing (a) Sense of Congress It is the sense of Congress that the Secretary of the Navy should explore and solicit artificial reefing opportunities with appropriate entities for any naval vessel planned for retirement before initiating any plans to dispose of the vessel. (b) Notification Not later than 90 days before the date on which a naval vessel that is a viable candidate for artificial reefing is to be stricken from the Naval Vessel Register, the Secretary of the Navy shall notify Congress of such pending action. | https://www.govinfo.gov/content/pkg/BILLS-117s2946is/xml/BILLS-117s2946is.xml |
117-s-2947 | II 117th CONGRESS 1st Session S. 2947 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to provide a disclosure notice to homebuyers of properties owned by the Department of Housing and Urban Development that are located in special flood hazard areas, and for other purposes.
1. Short title This Act may be cited as the Flood Risk Transparency for Homebuyers Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Covered property The term covered property means a 1-to-4 unit residential property— (A) acquired by the Department as a result of a foreclosure action on a mortgage insured by the Federal Housing Administration under title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ); and (B) located in a special flood hazard area according to a flood hazard boundary map or flood insurance rate map issued by the Administration. (3) Department The term Department means the Department of Housing and Urban Development. (4) National Flood Insurance Program The term National Flood Insurance Program means the program established under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. (6) Severe repetitive loss property The term severe repetitive loss property has the meaning given the term in section 1307(h) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(h) ). 3. Requirement to provide disclosure to homebuyers of properties located in special flood hazard areas (a) In general When listing a covered property for sale by the Department, the Secretary shall provide a disclosure notice that includes— (1) the estimated monthly cost of insurance for the covered property under the National Flood Insurance Program for the zip code in which the covered property is located; and (2) whether the covered property is a severe repetitive loss property. (b) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary and the Administrator shall submit to Congress a joint report on covered properties sold by the Department for which claims were filed under the National Flood Insurance Program during the year covered by the report, including whether the covered property is a severe repetitive loss property. | https://www.govinfo.gov/content/pkg/BILLS-117s2947is/xml/BILLS-117s2947is.xml |
117-s-2948 | II 117th CONGRESS 1st Session S. 2948 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Crapo (for himself, Mr. Risch , Mr. Scott of Florida , Mr. Tillis , Mr. Braun , Mr. Marshall , Mr. Barrasso , Mr. Cruz , Mr. Rounds , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To protect the right of individuals to bear arms at water resources development projects.
1. Short title This Act may be cited as the Recreational Lands Self Defense Act . 2. Protecting the right of individuals to bear arms at water resources development projects The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any area open to the public (other than a Federal facility as defined in section 930(g) of title 18, United States Code) at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. | https://www.govinfo.gov/content/pkg/BILLS-117s2948is/xml/BILLS-117s2948is.xml |
117-s-2949 | II 117th CONGRESS 1st Session S. 2949 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Energy Policy Act of 2005 and the Geothermal Steam Act of 1970 to describe the scope of activities subject to a presumption of the applicability of an exclusion under the National Environmental Policy Act of 1969.
1. NEPA review of geothermal exploration or development activities (a) In general Section 390(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(b) ) is amended by adding at the end the following: (6) Conversion of an oil or gas well to a geothermal well. . (b) Geothermal Steam Act of 1970 The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. NEPA review of geothermal exploration or development activities (a) In general Action by the Secretary in managing land subject to geothermal leasing under this Act with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) (referred to in this section as NEPA ) would apply if the activity is conducted pursuant to this Act for the purpose of exploration or development of geothermal resources. (b) Activities described The activities referred to in subsection (a) are the following: (1) Individual surface disturbances of less than 5 acres, on the condition that— (A) the total surface disturbance on the lease is not greater than 150 acres; and (B) site-specific analysis in a document prepared pursuant to NEPA has been previously completed. (2) Drilling a geothermal well at a location or well pad site at which drilling has occurred during the 5-year period preceding the date of spudding the well. (3) Drilling a geothermal well within a developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed the drilling as a reasonably foreseeable activity, on the condition that the land use plan or environmental document was approved during the 5-year period preceding the date of spudding the well. (4) Placement of a pipeline or transmission line in an approved right-of-way corridor, on the condition that the corridor was approved during the 5-year period preceding the date of placement of the pipeline or transmission line. (5) Maintenance of a minor activity, other than any construction or major renovation of a building or facility. (6) Conversion of an oil or gas well to a geothermal well. . | https://www.govinfo.gov/content/pkg/BILLS-117s2949is/xml/BILLS-117s2949is.xml |
117-s-2950 | II 117th CONGRESS 1st Session S. 2950 IN THE SENATE OF THE UNITED STATES October 6, 2021 Mr. Schatz (for himself, Mr. Murphy , Mr. Whitehouse , Mr. Heinrich , Mr. Booker , Mr. Merkley , Mr. Coons , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To combat illegal deforestation by prohibiting the importation of products made wholly or in part of certain commodities produced on land undergoing illegal deforestation, and for other purposes.
1. Short title This Act may be cited as the Fostering Overseas Rule of law and Environmentally Sound Trade Act of 2021 or the FOREST Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) According to the Food and Agriculture Organization of the United Nations, 31 percent of land on earth is covered in forests, but that area is rapidly decreasing. An estimated 1,600,000 square miles of forest has been converted to other land uses since 1990, with 42,500 square miles converted annually since 2010. Since the early 2000s, 2/3 of global forest cover loss has occurred in the tropics and subtropics. (2) The expansion of commercial agriculture into tropical forests is the largest driver of forest conversion, led by cattle ranching and the cultivation of soy and palm oil. An estimated 69 percent of such conversion between 2013 and 2019 was carried out in contravention of the laws of the country in which the conversion occurred. (3) Such illegal deforestation results in the emission of more than 2.7 gigatons of carbon dioxide equivalent per year, more than the entire annual fossil fuel emissions of India in 2018. (4) Limiting global temperatures below 1.5 degrees Celsius above preindustrialized levels requires rapid and significant reductions in deforestation globally. Cost-effective greenhouse gas emission mitigation from forests and land use can provide roughly 1/3 of the mitigation required by 2030 to stay below 2 degrees Celsius. (5) Forests contain most of the world’s terrestrial biodiversity, providing habitats for 80 percent of amphibian species, 75 percent of bird species, 68 percent of mammal species, and 60,000 different species of trees. (6) Forests are also an important source of livelihoods, food, and fuel, with more than 1,600,000,000 people depending directly on forests for their livelihoods. (7) The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found in 2019 that the rate of global species extinction is accelerating and is now tens to hundreds of times higher than the average rate over the last 10,000,000 years, threatening the loss of 1,000,000 species, and land-use change is the direct driver with the largest relative impact on terrestrial ecosystems. (8) Deforestation in many countries is closely associated with violations of the rights of indigenous peoples and local communities and with the exploitation of workers, including through the use forced labor and child labor, and in many cases is enabled by corruption, criminality, and violence against individuals defending their land rights and environment. (9) According to the United Nations High Commissioner for Human Rights, individuals defending the rights of communities and indigenous peoples to their traditional lands and environment are particularly vulnerable to threats and violence and accounted for roughly half of the killings of human rights defenders documented in 2019. (10) Congress has taken a number of steps to address the trade in illegal timber to protect legitimate forestry businesses and reduce illegal logging globally, such as, in section 8204 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2052), amending the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ) to prohibit the importation of illegal plant products, including such products made from illegally logged wood. (11) As with illegal timber, agricultural commodities produced on illegally deforested land enter international markets, including the United States, and compete with commodities produced legally. (12) The United States is a significant market for products made wholly or in part of commodities such as palm oil, cattle, cocoa, and rubber at risk of being produced on illegally deforested land. For example, in 2020, the United States imported— (A) processed cowhides and beef products valued at more than $500,000,000 from Brazil, where cattle ranching is the largest driver of deforestation in the Amazon forest and other biomes, and an estimated 95 percent of all deforestation was not in full compliance with applicable laws; and (B) crude palm oil and palm kernel oil valued at more than $880,000,000 and oleochemicals commonly derived from palm oils valued at more than $390,000,000, from Indonesia, where the expansion of palm oil plantations is the largest driver of deforestation, and government audits of the sector in recent years have indicated widespread noncompliance with applicable laws. (13) The lack of traceability in the supply chains for such commodities and the absence of importer due diligence requirements increases the risk that United States trade is associated with illegal deforestation and human rights abuses, preventing United States consumers from knowing where or how the goods they purchase were produced and putting companies that ensure legal sourcing at a competitive disadvantage. (b) Sense of Congress It is the sense of Congress that the United States must do more to address illegal deforestation from agricultural commodities, including— (1) avoiding trade that incentivizes foreign governments to allow illegal deforestation; (2) assisting foreign governments in eliminating illegal deforestation and limiting all deforestation to the extent practicable; (3) requiring that goods entering the United States market be subject to requirements, including the necessary supply chain traceability, to reduce the risk of association with illegal deforestation; (4) preventing the United States financial system from being used to launder proceeds from illegal deforestation; and (5) providing incentives to suppliers of the Federal Government to adopt and implement policies to eliminate goods produced on or from deforested land from their supply chains. 3. Prohibition on importation of commodities produced on illegally deforested land and products made from such commodities (a) In general The Tariff Act of 1930 is amended by inserting after section 527 ( 19 U.S.C. 1527 ) the following: 527A. Prohibition on importation of products made wholly or in part of commodities produced on illegally deforested land (a) In general It shall be unlawful for any person to import any product made wholly or in part of a covered commodity produced from land that undergoes illegal deforestation on or after the date of the enactment of the FOREST Act of 2021 . (b) Import declarations (1) In general On and after the date that is one year after the date of the enactment of the FOREST Act of 2021 , and subject to paragraph (2), a person may not import a covered product unless the person files upon entry a declaration stating that the person has exercised reasonable care to assess and mitigate the risks that any covered commodity used to make the covered product was produced from land subject to illegal deforestation on or after such date of enactment. (2) Covered commodities from countries under an action plan On and after the date that is one year after an action plan applicable to a foreign country is finalized under subsection (d)(2), a person may not import a covered product containing any covered commodity produced in the country and identified in the action plan unless the person files upon entry a declaration that includes sufficient information to show— (A) (i) the supply chain and the point of origin of the covered commodity; and (ii) steps taken to assess and mitigate the risks that the point of origin was subject to illegal deforestation on or after the date of the enactment of the FOREST Act of 2021 ; or (B) (i) all possible points of origin that could have contributed to the supply chain of the covered commodity, if mixing or points of aggregation exist within the supply chain; and (ii) steps taken to assess and mitigate the risks that any possible points of origin were subject to illegal deforestation on or after such date of enactment. (3) Treatment of products subject to multiple import declaration requirements In the case of a product for which an import declaration is required by this subsection and section 3(f) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(f) ), U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service shall coordinate to limit the administrative burden, to the extent practicable, for importers. (4) Guidance Not later than 90 days after the date of the FOREST Act of 2021 , and as appropriate thereafter, the Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner )— (A) shall publish guidance on what constitutes reasonable care under paragraph (1) and sufficient information under paragraph (2), which may include guidance with respect to specific commodities, as appropriate; and (B) may, as appropriate, issue guidance about the potential role of third-party certifications assisting importers with meeting the requirements of this section. (c) Lists of covered commodities and covered products (1) Initial lists Not later than 30 days after the date of the enactment of the FOREST Act of 2021 , the United States Trade Representative (in this section referred to as the Trade Representative ) shall publish the following: (A) An initial list made up of the following commodities (in this section referred to as covered commodities ): (i) Palm oil. (ii) Soybeans. (iii) Cocoa. (iv) Cattle. (v) Rubber. (vi) Wood pulp. (B) An initial list made up of the following products made wholly or in part of a covered commodity (in this section referred to as covered products ): (i) Palm oil or palm oil products classifiable under any of the following headings or subheadings of the HTS: 1511 2905.17.00 3823.11.00 1513.21.00 2905.45.00 3823.12.00 1513.29.00 2915.70.01 3823.19 2306.60.00 2915.90 3823.70. (ii) Soybeans or soybean products classifiable under heading 1201 or 1507 or subheading 2304.00.00 of the HTS. (iii) Cocoa or cocoa products classifiable under heading 1803 or 1806 or subheading 1801.00.00, 1802.00.00, 1804.00.00, or 1805.00.00 of the HTS. (iv) Cattle or cattle products classifiable under any of the following headings or subheadings of the HTS: 0201 0206.21.00 1602.50 0202 0206.22.00 4104 0206.10.00 0206.29.00 4107. (v) Rubber or rubber products classifiable under heading 4001 or 4011 of the HTS. (vi) Pulp or pulp products classifiable under any of the following headings or subheadings of the HTS: 4703 4804 4818 4801.00.01 4805 4819 4802 4810 4820 4803.00 4811 4823. (2) Reviews and updates (A) In general Not less frequently than annually, the Trade Representative shall— (i) review the list of covered commodities published under subparagraph (A) of paragraph (1) and the list of covered products published under subparagraph (B) of that paragraph to assess whether covered commodities or covered products, as the case may be, should be added to or removed from the lists to ensure that the scope of the lists is sufficient to increasingly deter illegal deforestation and to ensure that no material amount of a commodity produced from illegally deforested land enters the United States; and (ii) publish updated lists based on that review. (B) Effect on import declarations Any addition under subparagraph (A) to the list of covered products under paragraph (1)(B) shall be subject to the declaration requirement under subsection (b) on and after the date that is one year after the updated list including the addition is published. (3) Solicitation of input In updating the lists under paragraph (1) as required by paragraph (2), the Trade Representative shall— (A) consult with the Secretary of State and the Administrator of the United States Agency for International Development; and (B) coordinate and solicit relevant information from— (i) the interagency working group established under subsection (f); (ii) the advisory committee established under subsection (g); (iii) other Federal, State, and local agencies in the United States; and (iv) the public. (d) Action plans for countries without adequate and effective protection against illegal deforestation (1) Identification of countries (A) In general Not later than 180 days after the date of the enactment of the FOREST Act of 2021 , the Trade Representative shall— (i) identify foreign countries without adequate and effective protection against illegal deforestation caused by the production of commodities likely to enter the United States; and (ii) make available to the public— (I) a list of the countries identified under clause (i); and (II) data and analysis related to the considerations described in subparagraph (B). (B) Considerations In identifying a foreign country under subparagraph (A), the Trade Representative shall consider— (i) trends of deforestation and illegal deforestation in that country; (ii) policies and practices of the government of the country that deny adequate and effective enforcement against illegal deforestation; (iii) trends in the capacity and effectiveness of enforcement against illegal deforestation by the country; and (iv) the incidence of violence against, and other violations of the rights of, indigenous peoples, local residents, and environmental and human rights defenders in the country in connection with illegal deforestation. (C) Reassessment Not less frequently than every 2 years, the Trade Representative shall assess whether additional foreign countries should be identified under subparagraph (A). (2) Action plans (A) In general Not later than 3 years after the date of the enactment of the FOREST Act of 2021 , the Trade Representative shall finalize an action plan with respect to each foreign country identified under paragraph (1). (B) Finality An action plan developed under subparagraph (A) shall be considered final for the purposes of subsection (b)(2) on the date on which the action plan is posted on a publicly accessible internet website of the Office of the United States Trade Representative. (C) Involvement of foreign country and public The Trade Representative shall— (i) seek to involve each foreign country for which the Trade Representative develops an action plan under subparagraph (A) in the development of the action plan for that foreign country; and (ii) release a draft of each action plan for public review and comment before finalizing the action plan. (D) Goals of action plans The Trade Representative shall design an action plan developed under subparagraph (A) with respect to a foreign country to achieve— (i) new laws, rules, enforcement procedures, or agreements to ensure that illegal deforestation is no longer occurring in the country; (ii) sufficient capacity to enforce relevant laws; (iii) processes to remedy or adjudicate previous illegal deforestation activities; (iv) comprehensive monitoring and data sharing related to deforestation and potential impacts to other ecosystems; (v) transparency and accessibility of information with respect to land tenure and land-use decisions; (vi) traceability, transparency, and data sharing for commodity supply chains; and (vii) in the case of a country that is a party to the decision of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change adopted in Paris December 12, 2015 (commonly known as the Paris Agreement ), the incorporation of— (I) forest protection into the country’s nationally determined contribution under the Paris Agreement; and (II) deforestation into the country’s greenhouse gas reporting as required by the Paris Agreement. (E) Benchmarks (i) In general The Trade Representative shall include in each action plan developed under subparagraph (A) intermediate and final benchmarks described in clause (ii) and a timeline for achieving those benchmarks. (ii) Benchmarks described Benchmarks described in this clause may be such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary to demonstrate that the foreign country has achieved the goals described in subparagraph (D). (F) Identification of covered commodities The Trade Representative shall identify in the action plan developed under subparagraph (A) with respect to a foreign country the specific covered commodities at risk of being produced on illegally deforested land in that country that shall be subject to the declaration requirement under subsection (b)(2). (3) Presidential action authorized On and after the date on which an action plan released to the public under paragraph (2)(A) with respect to a foreign country has been in place for one year, if the President determines that the country has not substantially complied with the benchmarks in the action plan, the President may take appropriate action with respect to the country. (4) Petitions for determination of compliance (A) In general A foreign country to which an action plan developed under paragraph (2)(A) applies may petition the Trade Representative to determine that the country has achieved all benchmarks in the action plan. (B) Determination of adequacy and effectiveness of protection (i) In general If the Trade Representative determines under subparagraph (A) that a foreign country to which an action plan developed under paragraph (2)(A) applies has achieved all benchmarks in the action plan, the Trade Representative shall determine whether that country, after achieving those benchmarks, provides adequate and effective protection against illegal deforestation. (ii) Countries that fail to provide adequate and effective protection against illegal deforestation If the Trade Representative determines under clause (i) that a foreign country described in that clause continues to fail to provide adequate and effective protection against illegal deforestation, the Trade Representative shall develop a new action plan under paragraph (2)(A) with respect to the country. (iii) Countries that provide adequate and effective protection against illegal deforestation If the Trade Representative determines under clause (i) that a foreign country described in that clause provides adequate and effective protection against illegal deforestation, the action plan developed under paragraph (2)(A) with respect to the country shall terminate. (5) Consultations In identifying foreign countries under paragraph (1), developing action plans under paragraph (2), and making determinations under paragraph (4), the Trade Representative shall— (A) consult with the Secretary of State and the Administrator of the United States Agency for International Development; and (B) coordinate and solicit relevant information from— (i) the interagency working group established under subsection (f); (ii) the advisory committee established under subsection (g); (iii) relevant committees of Congress; (iv) other Federal, State, or local agencies in the United States; (v) civil society, indigenous peoples, and local communities in countries that produce covered commodities and covered products; and (vi) the public. (e) Enforcement (1) Administration (A) In general The provisions of this section and any regulations issued under this section shall be enforced, as appropriate, by the Commissioner, the Secretary of Agriculture, the Secretary of the Interior, and the Attorney General. (B) Audits The Administrator of the Animal and Plant Health Inspection Service, in collaboration with the heads of other Federal agencies, shall conduct random audits of importers filing declarations under subsection (b)(1) to ensure such importers are retaining the supporting documentation demonstrating reasonable care was exercised as required by that subsection. (C) Agreements An official specified in subparagraph (A) may enter into an agreement with any other Federal agency or any State agency or Indian Tribe under which that official may use, with or without reimbursement, the personnel, services, and facilities of the agency or Indian Tribe for the enforcement of this section and regulations issued under this section. (D) Availability of information Not later than one year after the date of the enactment of the FOREST Act of 2021 , the Commissioner shall develop a process to make information filed with a declaration required by subsection (b)(2) (other than information considered to be confidential business information) available to the public. (2) Coordination of enforcement The Commissioner shall share declarations filed under subsection (b) and other information received by U.S. Customs and Border Protection with the Trade Representative, the Secretary of Agriculture, the Secretary of the Interior, the Attorney General, and the heads of other Federal agencies as needed to ensure effective enforcement of this section. (3) Information from outside sources Not later than 180 days after the date of the enactment of the FOREST Act of 2021 , the Commissioner shall establish a process for receiving information from persons outside U.S. Customs and Border Protection indicating that a covered commodity may be being imported in violation of this section. (4) Report required Not later than 2 years after the date of the enactment of the FOREST Act of 2021 , and annually thereafter, the Commissioner, with input from the heads of relevant Federal agencies, shall submit to Congress a report on the enforcement of this section that includes, for the year preceding submission of the report— (A) the number of audits conducted by Federal agencies of importers of record to detect potential violations of this section; (B) the number of instances in which information was submitted to the Commissioner under paragraph (3); (C) the number of investigations initiated into possible violations of this section; (D) the number of such investigations initiated based on information submitted to the Commissioner under paragraph (3); (E) the results of cases adjudicated following such an investigation; (F) the number of such investigations pending as of the date of the report; and (G) an explanation of how information submitted to the Commissioner under paragraph (3) was used to prioritize audits and other checks. (f) Interagency working group (1) In general There is established an interagency working group to provide advice and recommendations to the Trade Representative, the Commissioner, and the heads of other relevant Federal agencies on the implementation of this section. (2) Membership The interagency working group established under paragraph (1) shall be composed of representatives of— (A) the Department of State; (B) the Department of Agriculture; (C) U.S. Customs and Border Protection; (D) the Office of the United States Trade Representative; (E) the United States Agency for International Development; (F) the Department of the Interior; (G) the Department of Justice; and (H) such other Federal agencies as the Trade Representative considers appropriate. (3) Chairperson The representative of the Office of the United States Trade Representative shall serve as the chairperson of the interagency working group established under paragraph (1). (g) Advisory committee (1) In general The Trade Representative shall establish an advisory committee to provide advice and recommendations to the Trade Representative and the heads of other relevant Federal agencies on the implementation of this section. (2) Membership The advisory committee established under paragraph (1) shall be made up of 12 individuals— (A) 5 of whom shall be representatives of institutions of higher education or nongovernmental organizations with expertise relevant to international deforestation, associated human rights abuses, or trade; (B) 5 of whom shall be representatives of industry; and (C) 2 of whom shall be representatives of labor organizations. (h) Definitions In this section: (1) Deforestation The term deforestation means a loss of natural forest resulting from the whole or partial conversion of natural forest to— (A) agricultural use or another non-forest land use; or (B) a tree plantation. (2) HTS The term HTS means the Harmonized Tariff Schedule of the United States. (3) Illegal deforestation The term illegal deforestation means deforestation conducted in violation of the law (or any action that has the force and effect of law) of the country in which the deforestation is occurring, including— (A) anti-corruption laws; (B) laws relating to land tenure rights; and (C) laws relating to the free, prior, and informed consent of indigenous peoples and local communities. (4) 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 ). (5) Natural forest The term natural forest means a natural arboreal ecosystem that— (A) has a species composition a significant percentage of which is native species; and (B) includes— (i) a native tree canopy cover of more than 10 percent over an area of not less 0.5 hectares; or (ii) other wooded land with a combined cover of shrubs, bushes, and trees of more than 10 percent over an area of not less than 0.5 hectares. (6) Point of origin (A) In general The term point of origin , with respect to a covered commodity, means the geographical location, identified by the smallest administrative unit of land possible (such as a concession, farm, ranch, property, or other type of public or private land allocation), where the covered commodity was produced. (B) Application to livestock In the case of livestock, the term point of origin includes all geographic locations where that animal existed from birth to slaughter. (7) Produce (A) In general Except as provided by subparagraph (B), the term produce means growing, harvesting, rearing, collecting, extracting, or otherwise producing a commodity. (B) Exclusion The term produce does not include refining or manufacturing. (8) Supply chain The term supply chain means the end-to-end process for getting commodities or products to the United States, beginning at the point of origin and including all points until entry into the United States, including refiners, manufacturers, suppliers, distributors, or vendors. (9) Wholly or in part (A) In general The term wholly or in part shall have the meaning given that term in regulations. (B) Regulations Regulations prescribed under subsection (b) of the FOREST Act of 2021 shall define the term wholly or in part in a manner designed to limit the administrative burden on the importer of record while deterring illegal deforestation. . (b) Regulations Not later than one year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection and the United States Trade Representative shall publish final regulations for implementing section 527A of the Tariff Act of 1930, as added by subsection (a). 4. Foreign assistance for countries committed to eliminating deforestation (a) Statement of policy It is the policy of the United States to assist foreign governments in eliminating illegal deforestation and to limit all deforestation to the extent practicable. (b) Establishment of fund (1) In general There is established in the Treasury of the United States a fund, consisting of amounts authorized to be appropriated or appropriated under paragraph (2) or (3). (2) Deposits to the fund There are authorized to be appropriated, and there are appropriated, to the fund established under paragraph (1) for fiscal year 2022 and each fiscal year thereafter an amount equivalent to the amount of penalties estimated by the Secretary of the Treasury to be collected under section 527A(e) of the Tariff Act of 1930, as added by section 3, in that fiscal year. (3) Additional authorization of appropriations In addition to amounts authorized to be appropriated under paragraph (2), there are authorized to be appropriated to the fund established under paragraph (1) $30,000,000 to carry out this section. (4) Availability of funds Amounts in the fund established under paragraph (1) shall be available as follows: (A) $20,000,000 shall be available to the Secretary of State— (i) to provide financial and technical assistance and other resources to the governments of countries and implementing partners that are working to complete the benchmarks in action plans developed under section 527A(d) of the Tariff Act of 1930, as added by section 3; (ii) to provide assistance for international efforts to combat deforestation; (iii) to provide assistance to civil society, indigenous peoples, and local residents in foreign countries to engage in efforts to combat deforestation; and (iv) to be transferred, notwithstanding section 3302 of title 31, United States Code, to the Administrator of the United States Agency for International Development and the heads of other appropriate Federal agencies to provide assistance under clauses (i), (ii), and (iii). (B) $8,000,000 shall be available to the Commissioner of U.S. Customs and Border Protection— (i) to carry out the duties of the Commissioner under section 527A of the Tariff Act of 1930, as added by section 3; and (ii) to be transferred, notwithstanding section 3302 of title 31, United States Code, to the Secretary of Agriculture and the Secretary of the Interior for monitoring, audits, enforcement, and other duties assigned under such section 527A. (C) $3,000,000 shall be available to the United States Trade Representative to carry out the duties of the Trade Representative under such section 527A. (c) Definitions In this section, the terms deforestation and illegal deforestation have the meanings given those terms in section 527A(h) of the Tariff Act of 1930, as added by section 3. 5. Inclusion of illegal deforestation as specified unlawful activity Section 1956(c)(7)(B) of title 18, United States Code, is amended— (1) in clause (vi), by striking ; or and inserting a semicolon; (2) in clause (vii), by striking the semicolon and inserting ; or ; and (3) by adding at the end the following: (viii) any act, engaged in knowingly, to carry out, enable, or encourage illegal deforestation (as defined in section 527A(h) of the Tariff Act of 1930). . 6. Procurement preference for commodities not produced from land subject to deforestation (a) In general Chapter 47 of title 41, United States Code, is amended by adding at the end the following: 4715. Procurement preference for commodities not produced from land subject to deforestation (a) In general In comparing proposals for the purpose of awarding a contract involving any product made wholly or in part of a covered commodity (as defined by section 1527A(c) of the Tariff Act of 1930), the head of an executive agency shall reduce the bid price by 10 percent if the contractor demonstrates to the satisfaction of the head of the agency that— (1) the contractor has a policy described in subsection (b) in effect; and (2) the policy and data on monitoring and enforcement of that policy are publicly available and updated not less frequently than annually. (b) Policy described A policy described in this subsection is a policy that includes, at a minimum, the following: (1) Measures to identify the point-of-origin of forest-risk commodities and ensure compliance with the policy when supply chain risks are present. (2) Data detailing the complete list of direct and indirect suppliers and supply chain traceability information, including refineries, processing plants, farms, and plantations, and their respective owners, parent entities, and farmers, maps, and geolocations, for each forest-risk commodity found in products that may be furnished to the Federal Government. (3) Measures taken to ensure that each such commodity does not contribute to deforestation. (4) Measures taken to ensure the process of obtaining the free, prior, and informed consent of indigenous peoples and local communities directly affected by the production of such commodities. (5) Measures taken to protect biodiversity and prevent the poaching of wildlife and trade in bushmeat in all operations and areas adjacent to the production of such commodities. (6) Measures taken to ensure compliance with the laws of countries where forest-risk commodities in the supply chain of the contractor are produced. (c) Buy American requirements Subsection (a) does not affect the application of the requirements of chapter 83 of title 41, United States Code. (d) Definitions In this section: (1) Deforestation; produce The terms deforestation and produce have the meanings given those terms in section 527A(h) of the Tariff Act of 1930. (2) Forest-risk commodity The term forest-risk commodity means a commodity at risk of being produced from land subject to deforestation. . (b) Clerical amendment The table of sections for such chapter is amended by inserting after the item relating to section 4714 the following: 4715. Procurement preference for commodities not produced from land subject to deforestation. . | https://www.govinfo.gov/content/pkg/BILLS-117s2950is/xml/BILLS-117s2950is.xml |
117-s-2951 | II 117th CONGRESS 1st Session S. 2951 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow a tax credit for certain charitable contributions related to the evacuation of certain individuals from Afghanistan.
1. Short title This Act may be cited as the Aiding Afghan Allies Act . 2. Credit for charitable contributions for the evacuation of certain individuals from Afghanistan (a) In general In the case of a taxpayer who elects the application of this section, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year, an amount equal to so much of the qualified contributions made by the taxpayer during the taxable year as does not exceed $300. (b) Qualified contributions (1) In general For purposes of this section, the term qualified contributions means the charitable contributions (as defined in section 170(c) of the Internal Revenue Code of 1986) made by an individual which are paid— (A) in cash; (B) during the period beginning on August 14, 2021, and ending on September 30, 2022; (C) to an organization described in section 170(b)(1)(A) of such Code; and (D) for the evacuation of eligible individuals from Afghanistan. (2) Contemporaneous written acknowledgment Such term shall not include any contribution unless the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of section 170(f)(8) of such Code) that such contribution was used (or is to be used) for relief efforts described in paragraph (1)(D). (3) Exception Such term shall not include a contribution by a donor if the contribution is— (A) to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986; or (B) for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2) of such Code). (c) Eligible individual For purposes of subsection (b)(1)(D), the term eligible individual means an individual who is— (1) a citizen or lawful permanent resident of the United States; (2) an Afghan citizen or national who has submitted a petition for special immigrant status under the Immigration and Nationality Act; or (3) any other Afghan citizen or national who meets such requirements as provided by the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of State. (d) Credit rules (1) Credit treated as nonrefundable personal credit The credit under this section shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986. (2) Carryforwards of unused credit If the credit allowable under subsection (a) for the taxable year exceeds the limitation imposed by section 26(a) of such Code for such taxable year, reduced by the sum of the credits allowable under such subpart A of such Code, such excess shall be treated as excess charitable contributions for such year for purposes of section 170 of such Code and carried forward according to the rules of section 170(b)(1)(G)(ii) of such Code. (3) Coordination with deduction for charitable contributions Except as provided in paragraph (2), any qualified contribution with respect to which a credit is allowed under subsection (a) shall not be treated as a charitable contribution for purposes of the deduction determined under section 170 of the Internal Revenue Code of 1986. | https://www.govinfo.gov/content/pkg/BILLS-117s2951is/xml/BILLS-117s2951is.xml |
117-s-2952 | II 117th CONGRESS 1st Session S. 2952 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Paul (for himself, Mr. Booker , Mr. Braun , Mr. Kennedy , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to allow manufacturers and sponsors of a drug to use alternative testing methods to animal testing to investigate the safety and effectiveness of a drug, and for other purposes.
1. Short title This Act may be cited as the FDA Modernization Act of 2021 . 2. New approach methodologies Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended— (1) in subsection (b)(5)(B)(i)(II), by striking animal and inserting nonclinical tests or studies ; (2) in subsection (i)— (A) in paragraph (1)(A), by striking preclinical tests (including tests on animals) and inserting nonclinical tests ; and (B) in paragraph (2)(B), by striking animal and inserting nonclinical tests or studies ; and (3) after subsection (y), by inserting the following: (z) Nonclinical test or study defined For purposes of this section, the term nonclinical test or study means a test or study conducted in vitro, in silico, in chemico, or in vivo that occurs before or during the clinical trial phase of the investigation of the safety and effectiveness of a drug, and may include the following: (1) Cell-based assays. (2) Organ chips and microphysiological systems. (3) Computer models. (4) Other non-animal or human biology-based test methods. (5) Animal tests. . | https://www.govinfo.gov/content/pkg/BILLS-117s2952is/xml/BILLS-117s2952is.xml |
117-s-2953 | II 117th CONGRESS 1st Session S. 2953 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Tuberville (for himself, Mr. Scott of Florida , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the Internal Revenue Service from requiring financial institutions to report on the financial transactions of their customers.
1. Short title This Act may be cited as the Protecting Financial Privacy Act of 2021 . 2. Prohibiting the Internal Revenue Service from requiring financial institutions to report on financial transactions of customers (a) In general Subject to subsection (b), the Internal Revenue Service shall not be permitted to create or implement any new financial account information reporting program that— (1) was not in effect as of October 1, 2021, and (2) would require financial institutions to report data on financial accounts in an information return listing balances, transactions, transfers, or inflows or outflows of any kind. (b) Rule of construction (1) In general Nothing in this Act shall preempt, limit, or supersede, or be construed to preempt, limit, or supersede, any provision of, or requirement under, the Bank Secrecy Act or any regulations promulgated under such Act. (2) Definition For purposes of this subsection, the term Bank Secrecy Act means— (A) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ), (B) chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq. ), and (C) subchapter II of chapter 53 of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2953is/xml/BILLS-117s2953is.xml |
117-s-2954 | II 117th CONGRESS 1st Session S. 2954 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Padilla (for himself, Ms. Hirono , Mr. Booker , Ms. Warren , Mr. Sanders , Mrs. Feinstein , Mr. Blumenthal , Mr. Markey , Mr. Whitehouse , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to alter the definition of conviction , and for other purposes.
1. Short title This Act may be cited as the Fair Adjudications for Immigrants Act . 2. Expungement and sentencing (a) Definition of conviction (1) In general Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended to read as follows: (48) (A) The term conviction means a formal judgment of guilt entered by a court. (B) The following may not be considered a conviction for purposes of this Act: (i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned federally or by a State or locality, including by the President of the United States or by a person or agency authorized by State law to grant such pardon. (ii) Any adjudication in which the court has issued— (I) a judicial recommendation against removal; (II) an order of probation without entry of judgment; or (III) any similar disposition. (iii) A judgment that is on appeal or is within the time to file direct appeal. (C) (i) Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. (ii) Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended. . (2) Retroactive applicability The amendment made by this subsection shall apply with respect to any conviction, adjudication, or judgment entered before, on, or after the date of the enactment of this Act. (b) Judicial recommendation against removal The grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to an alien with a criminal conviction if, after having provided notice and an opportunity to respond to the prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the alien not be removed on the basis of the conviction. | https://www.govinfo.gov/content/pkg/BILLS-117s2954is/xml/BILLS-117s2954is.xml |
117-s-2955 | II 117th CONGRESS 1st Session S. 2955 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to make permanent the direct hire authority of the Secretary of Defense for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.
1. Short title This Act may be cited as the Department of Defense Improved Hiring Act . 2. Making permanent the direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation (a) Codification of section 1125 of FY 2017 NDAA Chapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of— (1) a heading as follows: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation ; and (2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.). (b) Conforming amendments in connection with codification Section 1599j of title 10, United States Code, as added by subsection (a), is amended— (1) in subsection (a)— (A) by striking During each of fiscal years 2017 through 2025, the Secretary and inserting The Secretary ; and (B) by striking United States Code, ; and (2) in subsection (b)— (A) by striking During fiscal years 2017 through 2021, the Secretary and inserting The Secretary ; and (B) by striking United States Code, . (c) Clerical amendment The table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item: 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation. . (d) Conforming repeal Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 note prec.) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s2955is/xml/BILLS-117s2955is.xml |
117-s-2956 | II 117th CONGRESS 1st Session S. 2956 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Coons (for himself, Mr. Wicker , Mr. Kaine , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To advance targeted, high-impact, and evidence-based interventions for the prevention and treatment of global malnutrition, to improve the coordination of such programs, and for other purposes.
1. Short title This Act may be cited as the Global Malnutrition Prevention and Treatment Act of 2021 . 2. Nutrition programs (a) In general The Administrator of the United States Agency for International Development, in coordination with relevant Federal departments and agencies, is authorized and encouraged to scale up the prevention and treatment of global malnutrition, including by supporting efforts— (1) to target high-impact and evidence-based resources and nutrition interventions to support the most vulnerable populations, including children younger than 5 years of age and pregnant and lactating women, susceptible to severe malnutrition, including both stunting and wasting; (2) to increase coverage, particularly within priority countries, of high-impact and evidence-based nutrition interventions that include coordinated deployment of prenatal vitamins, breastfeeding support, vitamin A supplementation, emergency therapeutic food, and other evidence-based interventions as appropriate; (3) to increase the use of context and country-appropriate fortification of staples and condiments with essential nutrients; (4) to advance evidence-based programs and interventions carried out using data-driven approaches, best practices, and targeted to country-specific contexts and needs; (5) to support the development of country-specific policies to prevent and treat malnutrition; (6) to leverage investments to strengthen primary health systems and support community health workers in order to advance improved nutrition outcomes; and (7) to ensure rigorous monitoring and evaluation of all nutrition programs and interventions. (b) Coordination The Administrator of the United States Agency for International Development, in coordination with relevant Federal departments and agencies, should coordinate with bilateral and multilateral donors, partner country governments, United Nations agencies, civil society, nongovernmental organizations, including faith-based organizations, and the private sector to scale up efforts to prevent and treat global malnutrition, including by— (1) building the capacity of local and community-based organizations and partner country governments to expand coverage and ensure sustainability of nutrition interventions; (2) expanding research and innovation to identify and scale effective and evidence-based nutrition interventions based on country-specific contexts; (3) improving the coordination of nutrition interventions, including within the United Nations; (4) leveraging additional resources and ensuring appropriate burden-sharing to support nutrition interventions in priority countries; (5) expanding domestic resource mobilization and domestic financing for nutrition interventions; and (6) encouraging investment into innovative and multistakeholder finance partnerships. 3. Priority countries (a) Designation The Administrator, in coordination with the Nutrition Leadership Council, shall— (1) designate certain countries as priority countries for the purposes of prioritizing programs to prevent and treat malnutrition; and (2) not later than 5 years after the date of the enactment of this Act, review and update such designations based on the criteria described in subsection (b). (b) Criteria In selecting priority countries under subsection (a), the Administrator should consider— (1) the prevalence of severe malnutrition among children younger than 5 years of age and pregnant and lactating women; (2) the presence of high-need, underserved, marginalized, vulnerable, or impoverished communities; (3) the enabling environment for improved nutrition, including the presence of national nutrition plans and the demonstration of strong political commitment; and (4) other appropriate factors. (c) Sense of Congress It is the sense of Congress that the Administrator should continue to undertake nutrition interventions in countries that are not selected as priority countries, particularly if opportunities are identified to advance multi-sectoral development programming and to integrate efforts to prevent and treat global malnutrition with other priority areas and program objectives. 4. Coordination (a) Nutrition Leadership Council There is established at the United States Agency for International Development (referred to in this section as USAID ), the Nutrition Leadership Council (referred to in this section as the Council ), which shall coordinate efforts by USAID to prevent and treat malnutrition globally. (b) Duties The Council shall— (1) advance efforts by USAID to prevent and treat malnutrition globally; (2) ensure that nutrition interventions, particularly within priority countries, are carried out in close coordination with and aligned with existing United States Government and USAID strategies, including— (A) the Senator Paul Simon Water for the World Act of 2014 ( Public Law 113–289 ); (B) the Global Food Security Act of 2016 ( 22 U.S.C. 9301 et seq. ); (C) the Global Fragility Act of 2019 ( 22 U.S.C. 9801 et seq. ); and (D) the Global Child Thrive Act of 2020 (subtitle I of title XII of division A of Public Law 116–283 ); and (3) ensure that nutrition programs and interventions are coordinated with nutrition programs carried out by other relevant Federal departments and agencies. (c) Membership The Council shall include representatives of— (1) the Bureau for Global Health; (2) the Bureau for Resilience and Food Security; (3) the Bureau for Humanitarian Assistance; and (4) other appropriate USAID bureaus and offices. (d) Interagency efforts In carrying out the activities described in section 2, the Administrator, in coordination with relevant Federal departments and agencies, shall seek to leverage additional private sector resources to prevent and treat malnutrition in priority countries by— (1) increasing cooperation between USAID, the Millennium Challenge Corporation, the United States International Development Finance Corporation, and other relevant Federal departments and agencies to better leverage the full spectrum of grants, technical assistance, debt, equity, loan guaranty tools, and public-private partnerships to prevent and treat global malnutrition; (2) utilizing the Administrator’s role as Development Finance Corporation Vice Chair to consider opportunities within the Development Finance Corporation’s development impact framework that support improved nutrition outcomes; and (3) exploring opportunities to advance burden-sharing in nutrition-related assistance. 5. Implementation plan (a) In general Not later than 260 days after the date of the enactment of this Act, the Administrator, in coordination with other relevant Federal departments and agencies, shall develop and submit to the appropriate congressional committees an implementation plan to prevent and treat global malnutrition and carry out the activities authorized under section 2. (b) Contents The implementation plan required under subsection (a) shall— (1) establish specific and measurable goals, objectives, and performance metrics towards prevention and treatment of global malnutrition, including clear benchmarks and intended timelines for achieving such goals and objectives; (2) establish baseline measurements and time-bound targets for increasing coverage of key nutrition interventions in priority countries, which may include scaling up to— (A) 80-percent coverage for— (i) vitamin A (to be measured by the proportion of children 6 to 59 months old receiving 2 high-dose vitamin A supplements in a given year); (ii) prenatal vitamins (measured by the proportion of pregnant women who received multiple micronutrient supplementation daily); and (iii) breastfeeding (as measured by proportion of mothers of children between 0 and 5 months of age reached by promotion of breastfeeding activities); and (B) 50-percent coverage for treatment of wasting (as measured by the proportion of children 6 to 59 months with severe acute malnutrition receiving therapeutic feeding treatment); (3) require monitoring and evaluation plans for all nutrition programs and activities, as appropriate; (4) in countries that were selected as priority countries, ensure that nutrition is adequately addressed within the Country Development Cooperation Strategy to the extent practicable and identify opportunities to expand efforts to prevent and treat malnutrition, including through leveraging existing health and development programs and other ongoing activities; and (5) require all USAID grants, contracts, and cooperative agreements for the purposes of the treatment or prevention of severe malnutrition to include targets for increased coverage of high-impact nutrition interventions, including the establishment of baseline measurements from which to quantify progress. (c) Stakeholder consultation The implementation plan required under this section shall be developed in consultation with, as appropriate, representatives of nongovernmental organizations, including faith-based organizations, civil society groups, multilateral organizations and donors, relevant private, academic, and philanthropic entities, and the appropriate congressional committees. 6. Reporting requirements (a) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 additional years, the Administrator shall submit a report to the appropriate congressional committees that describes the progress made towards preventing and treating malnutrition, including— (1) a summary of the progress made towards achieving the specific and measurable goals, objectives, and performance metrics towards ending global malnutrition identified as required under section 5(b)(1); (2) in countries identified as priority countries— (A) a detailed summary of nutrition programs and activities in the previous fiscal year, including— (i) a breakdown of the countries to which nutrition resources have been allocated; and (ii) the estimated number of people reached through nutrition interventions; and (B) an assessment of the coordination of nutrition programs with other health and development programs and priorities; (3) a summary of efforts to expand research and innovation to development and scale up new tools to prevent and treat global malnutrition; (4) an assessment of the collaboration and coordination of USAID nutrition efforts with the United Nations agencies, the World Bank, other donor governments, host country governments, civil society, the private sector, and other efforts, as appropriate; (5) a description of other donor and host country financial commitments and efforts to prevent and treat malnutrition; and (6) the constraints on implementation of programs and key lessons learned from programs and activities from the previous fiscal years. (b) Use of information The Administrator may choose to include the report required in this section as a component of other congressionally mandated reports provided to appropriate congressional committees, as appropriate. 7. Compliance with the Foreign Aid Transparency and Accountability Act of 2016 Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 ( Public Law 114–191 ; 22 U.S.C. 2394c note) is amended— (1) in subparagraph (C), 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 Global Malnutrition Prevention and Treatment Act of 2021 . . 8. Sunset This Act shall cease to have force or effect beginning on the date that is 7 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2956is/xml/BILLS-117s2956is.xml |
117-s-2957 | II 117th CONGRESS 1st Session S. 2957 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Wyden (for himself, Mr. Paul , Mr. Merkley , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To ensure the digital contents of electronic equipment and online accounts belonging to or in the possession of United States persons entering or exiting the United States are adequately protected at the border, and for other purposes.
1. Short title This Act may be cited as the Protecting Data at the Border Act . 2. Findings Congress finds the following: (1) United States persons have a reasonable expectation of privacy in the digital contents of their electronic equipment, the digital contents of their online accounts, and the nature of their online presence. (2) The Supreme Court of the United States recognized, in Riley v. California, 134 S. Ct. 2473 (2014), the extraordinary privacy interests in electronic equipment like cell phones. (3) The privacy interest of United States persons in the digital contents of their electronic equipment, the digital contents of their online accounts, and the nature of their online presence differs in both degree and kind from their privacy interest in closed containers. (4) Accessing the digital contents of electronic equipment, accessing the digital contents of an online account, or obtaining information regarding the nature of the online presence of a United States person entering or exiting the United States, without a lawful warrant based on probable cause, is unreasonable under the Fourth Amendment to the Constitution of the United States. 3. Definitions As used in this Act— (1) the term access credential includes a username, password, PIN number, fingerprint, or biometric indicator; (2) the term border means the international border of the United States and the functional equivalent of such border; (3) the term digital contents means any signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by electronic equipment, or stored in electronic equipment or an online account; (4) the term electronic communication service has the meaning given that term in section 2510 of title 18, United States Code; (5) the term electronic equipment has the meaning given the term computer in section 1030(e) of title 18, United States Code; (6) the term Governmental entity means a department or agency of the United States (including any officer, employee, or contractor or other agent thereof); (7) the term online account means an online account with an electronic communication service or remote computing service; (8) the term online account information means the screen name or other identifier or information that would allow a Governmental entity to identify the online presence of an individual; (9) the term remote computing service has the meaning given that term in section 2711 of title 18, United States Code; and (10) the term United States person means an individual who is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). 4. Procedures for lawful access to digital data at the border (a) Standard Subject to subsection (b), a Governmental entity may not— (1) access the digital contents of any electronic equipment belonging to or in the possession of a United States person at the border without a valid warrant supported by probable cause issued using the procedures described in the Federal Rules of Criminal Procedure by a court of competent jurisdiction; (2) deny entry into or exit from the United States by a United States person based on a refusal by the United States person to— (A) disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account; (B) provide access to the digital contents of electronic equipment or the digital contents of an online account; or (C) provide online account information; or (3) delay entry into or exit from the United States by a United States person for longer than the period of time, which may not exceed 4 hours, necessary to determine whether the United States person will, in a manner in accordance with subsection (c), consensually provide an access credential, access, or online account information, as described in subparagraphs (A), (B), and (C) of paragraph (2). (b) Emergency exceptions (1) Emergency situations generally (A) In general An investigative or law enforcement officer of a Governmental entity who is designated by the Secretary of Homeland Security for purposes of this paragraph may access the digital contents of electronic equipment belonging to or in possession of a United States person at the border without a warrant described in subsection (a)(1) if the investigative or law enforcement officer— (i) reasonably determines that— (I) an emergency situation exists that involves— (aa) immediate danger of death or serious physical injury to any person; (bb) conspiratorial activities threatening the national security interest of the United States; or (cc) conspiratorial activities characteristic of organized crime; (II) the emergency situation described in subclause (I) requires access to the digital contents of the electronic equipment before a warrant described in subsection (a)(1) authorizing such access can, with due diligence, be obtained; and (III) there are grounds upon which a warrant described in subsection (a)(1) could be issued authorizing such access; and (ii) makes an application in accordance with this section for a warrant described in subsection (a)(1) as soon as practicable, but not later than 7 days after the investigative or law enforcement officer accesses the digital contents under the authority under this subparagraph. (B) Warrant not obtained If an application for a warrant described in subparagraph (A)(ii) is denied, or in any other case in which an investigative or law enforcement officer accesses the digital contents of electronic equipment belonging to or in possession of a United States person at the border without a warrant under the emergency authority under subparagraph (A) and a warrant authorizing the access is not obtained— (i) any copy of the digital contents in the custody or control of a Governmental entity shall immediately be destroyed; (ii) the digital contents, and any information derived from the digital contents, may not be disclosed to any Governmental entity or a State or local government; and (iii) the Governmental entity employing the investigative or law enforcement officer that accessed the digital contents shall notify the United States person that any copy of the digital contents has been destroyed. (2) Protection of public safety and health A Governmental entity may access the digital contents of electronic equipment belonging to or in possession of a United States person at the border without a warrant described in subsection (a)(1) if the access is— (A) necessary for the provision of fire, medical, public safety, or other emergency services; and (B) unrelated to the investigation of a possible crime or other violation of the law. (c) Informed consent in writing (1) Notice (A) In general A Governmental entity shall provide the notice described in subparagraph (B) before requesting that a United States person at the border— (i) provide consent to access the digital contents of any electronic equipment belonging to or in the possession of or the digital contents of an online account of the United States person; (ii) disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account of the United States person; (iii) provide access to the digital contents of electronic equipment or the digital contents of an online account of the United States person; or (iv) provide online account information of the United States person. (B) Contents The notice described in this subparagraph is written notice in a language understood by the United States person that the Governmental entity— (i) may not— (I) compel access to the digital contents of electronic equipment belonging to or in the possession of, the digital contents of an online account of, or the online account information of a United States person without a valid warrant; (II) deny entry into or exit from the United States by the United States person based on a refusal by the United States person to— (aa) disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account; (bb) provide access to the digital contents of electronic equipment or the digital contents of an online account; or (cc) provide online account information; or (III) delay entry into or exit from the United States by the United States person for longer than the period of time, which may not exceed 4 hours, necessary to determine whether the United States person will consensually provide an access credential, access, or online account information, as described in items (aa), (bb), and (cc) of subclause (II); and (ii) if the Governmental entity has probable cause that the electronic equipment contains information that is relevant to an allegation that the United States person has committed a felony, may seize electronic equipment belonging to or in the possession of the United States person for a period of time if the United States person refuses to consensually provide access to the digital contents of the electronic equipment. (2) Consent (A) In general A Governmental entity shall obtain written consent described in subparagraph (B) before— (i) accessing, pursuant to the consent of a United States person at the border the digital contents of electronic equipment belonging to or in the possession of or the digital contents of an online account of the United States person; (ii) obtaining, pursuant to the consent of a United States person at the border, an access credential of the United States person that would enable access to the digital contents of electronic equipment or the digital contents of an online account; or (iii) obtaining, pursuant to the consent of a United States person at the border, online account information for an online account of the United States person. (B) Contents of written consent Written consent described in this subparagraph is written consent that— (i) indicates the United States person understands the protections and limitations described in paragraph (1)(B); (ii) states the United States person is— (I) providing consent to the Governmental entity to access certain digital contents or consensually disclosing an access credential; or (II) consensually providing online account information; and (iii) specifies the digital contents, access credential, or online account information with respect to which the United States person is providing consent. (d) Retention of digital contents (1) Lawful access A Governmental entity that obtains access to the digital contents of electronic equipment, the digital contents of an online account, or online account information in accordance with this section may not make or retain a copy of the digital contents or online account information, or any information directly or indirectly derived from the digital contents or online account information, unless there is probable cause to believe the digital contents or online account information contains evidence of, or constitutes the fruits of, a crime. (2) Unlawful access If a Governmental entity obtains access to the digital contents of electronic equipment, digital contents of an online account, or online account information in a manner that is not in accordance with this section, the Governmental entity— (A) shall immediately destroy any copy of the digital contents or online account information, and any information directly or indirectly derived from the digital contents or online account information, in the custody or control of the Governmental entity; (B) may not disclose the digital contents or online account information, or any information directly or indirectly derived from the digital contents or online account information, to any other Governmental entity or a State or local government; and (C) shall notify the United States person that any copy of the digital contents or online account information, and any information directly or indirectly derived from the digital contents or online account information, has been destroyed. (e) Recordkeeping A Governmental entity shall keep a record of each instance in which the Governmental entity obtains access to the digital contents of electronic equipment belonging to or in the possession of an individual at the border, the digital contents of an online account of an individual who is at the border, or online account information of an individual who is at the border, which shall include— (1) the reason for the access; (2) the nationality, immigration status, and admission category of the individual; (3) the nature and extent of the access; (4) if the access was consensual, how and to what the individual consented, and what the individual provided by consent; (5) whether electronic equipment of the individual was seized; (6) whether the Governmental entity made a copy of all or a portion of the digital contents or online account information, or any information directly or indirectly derived from the digital contents or online account information; and (7) whether the digital contents or online account information, or any information directly or indirectly derived from the digital contents or online account information, was shared with another Governmental entity or a State or local government. 5. Limits on use of digital contents as evidence (a) In general Whenever any digital contents or online account information have been obtained in violation of this Act, no part of the digital contents or online account information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding (including any proceeding relating to the immigration laws, as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )) in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (b) Application To the maximum extent practicable, the limitations under subsection (a) shall be applied in the same manner as the limitations under section 2515 of title 18, United States Code. 6. Limits on seizure of electronic equipment A Governmental entity may not seize any electronic equipment belonging to or in the possession of a United States person at the border unless there is probable cause to believe that the electronic equipment contains information that is relevant to an allegation that the United States person has committed a felony. 7. Audit and reporting requirements In March of each year, the Secretary of Homeland Security shall submit to Congress and make publicly available on the website of the Department of Homeland Security a report that includes the following: (1) The number of times during the previous year that an officer or employee of the Department of Homeland Security did each of the following: (A) Accessed the digital contents of any electronic equipment belonging to or in the possession of or the digital contents of an online account of a United States person at the border pursuant to a warrant supported by probable cause issued using the procedures described in the Federal Rules of Criminal Procedure by a court of competent jurisdiction. (B) Accessed the digital contents of any electronic equipment belonging to or in the possession of a United States person at the border pursuant to the emergency authority under section 5(b). (C) Requested consent to access the digital contents of any electronic equipment belonging to or in the possession of, the digital contents of an online account of, or online account information of a United States person at the border. (D) Accessed the digital contents of any electronic equipment belonging to or in the possession of, the digital contents of an online account of, or online account information of a United States person at the border pursuant to written consent provided in accordance with section 5(c). (E) Requested a United States person at the border consensually disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account of the United States person. (F) Accessed the digital contents of electronic equipment or the digital contents of an online account of a United States person at the border using an access credential pursuant to written consent provided in accordance with section 5(c). (G) Accessed the digital contents of any electronic equipment belonging to or in the possession of, the digital contents of an online account of, or online account information of a United States person at the border in a manner that was not in accordance with section 5. (H) Accessed the digital contents of any electronic equipment belonging to or in the possession of, the digital contents of an online account of, or online account information of an individual who is not a United States person at the border. (I) Accessed the digital contents of any electronic equipment belonging to or in the possession of an individual at the border, the digital contents of an online account of an individual at the border, or online account information of an individual at the border (regardless of whether the individual is a United States person) at the request of a Governmental entity (including another component of the Department of Homeland Security) that is not the Governmental entity employing the individual accessing the digital contents or online account information. (2) Aggregate data on— (A) the number of United States persons for which a Governmental entity obtains access to— (i) the digital contents of electronic equipment belonging to or in the possession of the United States person at the border; (ii) the digital contents of an online account of the United States person while at the border; or (iii) online account information of the United States person while at the border; (B) the country from which United States persons departed most recently before arriving in the United States for the United States persons for which a Governmental entity obtains access to— (i) the digital contents of electronic equipment belonging to or in the possession of the United States person at the border; (ii) the digital contents of an online account of the United States person while at the border; or (iii) online account information of the United States person while at the border; (C) the number and nationality of individuals who are not United States persons for which a Governmental entity obtains access to— (i) the digital contents of electronic equipment belonging to or in the possession of the individuals at the border; (ii) the digital contents of an online account of the individuals while at the border; or (iii) online account information of the individuals while at the border; and (D) the country from which individuals who are not United States persons departed most recently before arriving in the United States for the individuals for which a Governmental entity obtains access to— (i) the digital contents of electronic equipment belonging to or in the possession of the individuals at the border; (ii) the digital contents of an online account of the individuals while at the border; or (iii) online account information of the individuals while at the border. (3) Aggregate data regarding the perceived race and ethnicity of individuals for whom a Governmental entity obtains access to— (A) the digital contents of electronic equipment belonging to or in the possession of the individuals at the border; (B) the digital contents of an online account of the individuals while at the border; or (C) online account information of the individuals while at the border. 8. Savings provisions Nothing in this Act shall be construed to— (1) prohibit a Governmental entity from conducting an inspection of the external physical components of the electronic equipment to determine the presence or absence of weapons or contraband without a warrant, including activating or attempting to activate an object that appears to be electronic equipment to verify that the object is electronic equipment; or (2) limit the authority of a Governmental entity under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s2957is/xml/BILLS-117s2957is.xml |
117-s-2958 | II 117th CONGRESS 1st Session S. 2958 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Attorney General to make competitive grants to State, tribal, and local governments to establish and maintain witness protection and assistance programs.
1. Short title This Act may be cited as the Witness Security and Protection Grant Program Act of 2021 . 2. Witness Protection Grant Program (a) Definitions In this section— (1) the term applicant means a State, tribal, or local government that applies for a grant under this section; and (2) the terms serious drug offense and serious violent felony have the meaning given those terms in section 3559(c)(2) of title 18, United States Code. (b) Grants required Subject to subsection (j), the Attorney General shall make competitive grants to State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving— (1) a homicide, serious violent felony, or serious drug offense; or (2) gangs or organized crime. (c) Criteria In making grants under this section, the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant lacks infrastructure to support programs that provide protection or assistance to witnesses. (2) The prevalence of witness intimidation in the jurisdiction of the applicant. (3) The percentage of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Any other criteria that the Attorney General determines appropriate. (d) Technical assistance From amounts made available under subsection (j) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to the recipient to the extent the Attorney General determines technical assistance is needed to establish or maintain a program that provides protection or assistance to witnesses. (e) Best practices (1) Report A recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to the grant, including policies and procedures under the program. (2) Development of best practices Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist State, tribal, and local governments in addressing— (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that the Attorney General determines necessary. (3) Dissemination to States Not later than 1 year after developing best practice models under paragraph (2), the Attorney General shall disseminate the models to State, tribal, and local governments. (4) Sense of Congress It is the sense of Congress that State, tribal, and local governments should use the best practice models developed and disseminated under this subsection to evaluate, improve, and develop witness protection or witness assistance programs as appropriate. (5) Rule of construction relating to sensitive information Nothing in this section shall be construed to require the dissemination of any information that the Attorney General determines— (A) is law enforcement sensitive and should only be disclosed within the law enforcement community; or (B) poses a threat to national security. (f) Federal share (1) In general The Federal share of the cost of a program carried out using a grant made under this section shall be not more than 75 percent. (2) In-kind contributions (A) In general Subject to subparagraph (B), the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage Not more than 50 percent of the non-Federal share for a program carried out using a grant made under this section may be in the form of in-kind contributions. (g) Administrative costs Of amounts made available to carry out this section for a fiscal year, the Attorney General may use not more than 5 percent for administrative costs. (h) Geographic distribution In making grants under this section, the Attorney General shall— (1) to the extent reasonable and practical, ensure an equitable geographical distribution throughout the United States of programs that provide protection or assistance to witnesses; and (2) give due consideration to applicants from both urban and rural areas. (i) Report to Congress The Attorney General shall submit a report to Congress— (1) not later than the date that is 1 year after the date of enactment of this Act, on the implementation of this section, including any information on programs funded by grants made under this section; and (2) not later than the date that is 5 years after the date of enactment of this Act, on the programs funded by grants made under this section, including on best practice models developed under subsection (e)(2). (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s2958is/xml/BILLS-117s2958is.xml |
117-s-2959 | II 117th CONGRESS 1st Session S. 2959 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Thune (for himself 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 provide that, due to the disruptions caused by COVID–19, applications for impact aid funding for fiscal year 2023 may use certain data submitted in the fiscal year 2022 application.
1. Short title This Act may be cited as the Supplemental Impact Aid Flexibility Act . 2. Impact Aid Program Due to the public health emergency directly relating to COVID–19 and notwithstanding sections 7002(j) and 7003(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702(j) , 7703(c)), a local educational agency desiring to receive a payment under section 7002 or 7003 of such Act ( 20 U.S.C. 7702 , 7703) for fiscal year 2023 that also submitted an application for such payment for fiscal year 2022 shall, in the application submitted under section 7005 of such Act ( 20 U.S.C. 7705 ) for fiscal year 2023— (1) with respect to a requested payment under section 7002 of such Act— (A) use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022; or (B) use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and (2) with respect to a requested payment under section 7003 of such Act— (A) use the student count data relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2022, provided that payments for fiscal year 2023 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and (iv) of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2023; or (B) use the student count data relating to calculating such payment for the fiscal year required under section 7003(c) of such Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2959is/xml/BILLS-117s2959is.xml |
117-s-2960 | II 117th CONGRESS 1st Session S. 2960 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Merkley (for himself, Mr. Padilla , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To encourage reduction of disposable plastic products in units of the National Park System, and for other purposes.
1. Short title This Act may be cited as the Reducing Waste in National Parks Act . 2. Disposable plastic products reduction in units of the National Park System (a) Program for reduction of disposable plastic products in units of the NPS Not later than 180 days after the date of the enactment of this Act, the Director shall establish, for the National Park System a program for reduction of disposable plastic products and, if applicable, elimination of the sale and distribution of disposable plastic products under subsection (b). Each regional director shall implement the plan for park units in their region. (b) Elimination of sale and distribution of disposable plastic products (1) In general Each regional director concerned shall eliminate the sale of water in disposable plastic products and the sale and distribution of other disposable plastic products to the greatest extent feasible in the relevant unit of the National Park System after consideration of the following factors, when applicable, with respect to the relevant unit: (A) The costs and benefits to the overall operations. (B) The amount of waste that would be eliminated. (C) The infrastructure costs and funding sources for bottle refill stations. (D) Any contractual implications with respect to concessioners, including considerations of new leaseholder surrender interest or possessory interest. (E) The operational costs of bottle refill stations, including utilities and regular public health testing. (F) The cost and availability of bisphenol A-free reusable containers. (G) The effect on concessioner and cooperation association sales revenue. (H) The availability of water within concession food service operations. (I) The ability to provide visitor education in the unit and online so that visitors may come prepared with their own water bottles. (J) Input from the National Park Service Office of Public Health. (K) The feasibility of posting signs so that visitors can easily find bottle refill stations. (L) Safety considerations for visitors who may resort to not carrying enough water or drinking from surface water sources with potential exposure to disease. (M) Any input from concessioners and cooperating associations within the relevant unit. (2) Units of NPS previously eliminated sale of water in disposable plastic products With respect to a unit of the National Park System that did not offer for sale water in disposable plastic products before the date of the enactment of this Act, the applicable superintendent of the relevant unit may continue to not offer for sale water in disposable plastic bottles. (c) Proactive visitor education strategy Each regional director concerned shall develop for the relevant unit of the National Park System a proactive visitor education strategy to address visitor expectations of water availability and explain the rationale for the program and its implementation in the relevant unit. (d) Continuity within unit of the NPS Each regional director concerned shall, to the extent possible, implement the program in a manner that is consistent throughout the relevant unit of the National Park System, including incorporation of such program into any agreement with an organization operating within the relevant unit, including a concessioner operating plan and cooperating association scope of sales. (e) Biennial evaluation Each regional director concerned shall, not less than once every 2 years— (1) conduct an evaluation of the program for the relevant unit of the National Park System, including— (A) public response to the program; (B) visitor satisfaction with the availability of water; (C) buying behavior with respect to products sold in disposable plastic products; (D) public safety including information on cases of dehydration or exposure to disease from drinking from surface water; and (E) disposable plastic bottle collection rates; and (2) submit the evaluation to the Director and the Secretary of the Interior. (f) Definitions For the purposes of this Act— (1) the term Director means the Director of the National Park Service; (2) the term disposable plastic products includes— (A) disposable plastic beverage bottles; (B) carryout bags made from film plastic; (C) plastic food ware, including plastic food ware products marketed as compostable or biodegradable; and (D) expanded polystyrene products; (3) the term program means the program for recycling and reduction of disposable plastic products established under subsection (a); and (4) the term regional director concerned means, with respect to a unit of the National Park System, the regional director of the region of the National Park System in which the relevant unit is located, working in coordination with the superintendent of such unit. | https://www.govinfo.gov/content/pkg/BILLS-117s2960is/xml/BILLS-117s2960is.xml |
117-s-2961 | II 117th CONGRESS 1st Session S. 2961 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit a State or local government from using highway safety program funds for traffic control or traffic enforcement if such State or local government defunds the police, and for other purposes.
1. Short title This Act may be cited as the Blocking Lawlessness from Undermining Enforcement Act or the BLUE Act . 2. Prohibition on use of funds (a) Highway safety programs Section 402(c) of title 23, United States Code, is amended by adding at the end the following: (5) Traffic control or traffic enforcement (A) Prohibition A State, local government, or political subdivision of a State, may not expend funds apportioned to such State under this section, including funds transferred pursuant to section 405(a)(8), for traffic control or traffic enforcement if such State, local government, or political subdivision defunds the police. (B) Exemption (i) In general The Secretary may grant an exemption from the requirements under subparagraph (A) if the State, local government, or political subdivision that defunds the police submits a written request to the Secretary and the Secretary approves such request. (ii) Contents A request submitted under clause (i) shall include— (I) the justification for the requested exemption from the requirements of subparagraph (A); and (II) a description of amount of funds a State, local government, or political subdivision intends to use for traffic control or traffic enforcement. (C) Rule of construction Nothing in this paragraph may be construed to result in a reduction in the amount of funding a State may receive under this section. (D) Definitions In this paragraph: (i) Defund the police (I) In general The term defund the police means a situation in which— (aa) a State, local government, or political subdivision of a State has a police budget for— (AA) the fiscal year during which this paragraph is enacted that is lower in amount than such police budget for the fiscal year that includes January 1, 2000; or (BB) any fiscal year following the fiscal year during which this paragraph is enacted that is lower in amount than such police budget for the previous fiscal year; and (bb) such State, local government, or political subdivision has reallocated such police budget funds to other government agencies, evidenced by public statements, press releases, budget justifications, budget documentation, or any other materials. (II) Exclusions The term defund the police does not include a situation in which— (aa) a State, local government, or political subdivision of a State reduces funding for a police department if the reduction of such funding is part of an overall budget reduction; or (bb) a police chief of a police department has decided to reallocate funds made available to such police department to psychological and mental health programs. (ii) Traffic control or traffic enforcement The term traffic control or traffic enforcement means a service provided by law enforcement officers in a State, local government, or political subdivision of a State that includes directing traffic, addressing traffic infractions on roadways, or serving in a traffic or roads policing unit enforcing rules of the road. . (b) National priority safety programs Section 405(a) of title 23, United States Code, is amended by adding at the end the following: (11) Use of funds (A) In general Notwithstanding any other provision of law, a State, local government, or political subdivision of a State receiving a grant under this section may not use such grant for traffic control or traffic enforcement (as such term is defined in section 402(c)(5)(D)) if such State, local government, or political subdivision defunds the police (as such term is defined in section 402(c)(5)(D)). (B) Exemption (i) In general The Secretary may grant an exemption from the requirements under subparagraph (A) if the State, local government, or political subdivision that defunds the police submits a written request to the Secretary and the Secretary approves such request. (ii) Contents A request submitted under clause (i) shall include— (I) the justification for the requested exemption from the requirements of subparagraph (A); and (II) a description of amount of funds a State, local government, or political subdivision intends to use for traffic control or traffic enforcement. (C) Rule of construction Nothing in this paragraph may be construed to result in a reduction in the amount of funding a State may receive under this section. . (c) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the implementation of, and compliance with, the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2961is/xml/BILLS-117s2961is.xml |
117-s-2962 | II 117th CONGRESS 1st Session S. 2962 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Hickenlooper (for himself, Mr. Heinrich , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes.
1. Short title This Act may be cited as the Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act or the COMPETES Act . 2. Statement of policy It is the policy of the United States that the Secretary of the Interior shall not issue onshore oil and gas leases except through a competitive bidding process. 3. Elimination of noncompetitive leasing under the Mineral Leasing Act (a) Oil and gas leasing Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Leasing authority (1) In general All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. (2) Receipt of fair market value In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for— (A) any land or resources leased by the United States; and (B) any rights conveyed by the United States. ; (2) in subsection (b)— (A) in paragraph (1)(A)— (i) in the first sentence, by striking paragraphs (2) and (3) of this subsection and inserting paragraph (2) ; and (ii) by striking the last sentence; and (B) by striking paragraph (3); (3) by striking subsection (c) and inserting the following: (c) Additional rounds of competitive bidding Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection. ; and (4) by striking subsection (e) and inserting the following: (e) Term of lease (1) In general Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. (2) Continuation of lease A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. (3) Additional extensions Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities. . (b) Conforming amendments Section 31 of the Mineral Leasing Act ( 30 U.S.C. 188 ) is amended— (1) in subsection (d)(1), in the first sentence, by striking or section 17(c) of this Act ; (2) in subsection (e)— (A) in paragraph (2)— (i) by striking either ; and (ii) by striking or the inclusion and all that follows through , all ; and (B) in paragraph (3)— (i) in subparagraph (A), by adding and after the semicolon; (ii) by striking subparagraph (B); and (iii) by striking (3)(A) payment and inserting the following: (3) payment ; (3) in subsection (g)— (A) in paragraph (1), by striking as a competitive and all that follows through of this Act and inserting in the same manner as the original lease issued pursuant to section 17 ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (2) (as so redesignated), by striking applicable to leases issued under subsection 17(c) of this Act ( 30 U.S.C. 226(c) ) except, and inserting except ; (4) in subsection (h), by striking subsections (d) and (f) of this section and inserting subsection (d) ; (5) in subsection (i), by striking (i)(1) In acting and all that follows through of this section in paragraph (2) and inserting the following: (i) Royalty reduction in reinstated leases In acting on a petition for reinstatement pursuant to subsection (d) ; (6) by striking subsection (f); and (7) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively. | https://www.govinfo.gov/content/pkg/BILLS-117s2962is/xml/BILLS-117s2962is.xml |
117-s-2963 | II 117th CONGRESS 1st Session S. 2963 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a socioeconomic labor threshold and use that threshold for purposes of chapter 67 of title 41, United States Code.
1. Short title This Act may be cited as the Service Contract Modernization Act . 2. Socioeconomic labor threshold (a) In general For purposes of this Act, the socioeconomic labor threshold is— (1) for the period beginning on the date of enactment of this Act and ending on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(1); and (2) for each 1-year period beginning on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(2). (b) Inflation adjustments (1) Initial period The amount determined under this paragraph for the period described in subsection (a)(1) shall be $2,500 as— (A) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, comparing— (i) such Consumer Price Index for October of 1965; and (ii) such Consumer Price Index for the most recent month as of the date of enactment of this Act for which such Consumer Price Index is available; and (B) (if applicable), rounded to the nearest multiple of $100. (2) Subsequent periods (A) In general The amount determined under this paragraph for the applicable period described in subsection (a)(2) shall be the amount in effect on the date of such determination as— (i) increased (if applicable) from such amount by the annual percentage increase, if any, in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, from the preceding year as calculated in accordance with subparagraph (B); and (ii) (if applicable) rounded to the nearest multiple of $100. (B) Consumer Price Index In making the determination under subparagraph (A) and calculating the percentage increase in the Consumer Price Index for All Urban Consumers under subparagraph (A)(i), the Secretary of Labor shall compare the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the calendar year in which such determination is made with the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the preceding calendar year. (C) Rule of construction With respect to a determination under subparagraph (A) of the amount in effect under this paragraph for an applicable period under subsection (a)(2), if there is not an annual percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average) from the preceding year as described in subparagraph (A)(i), the amount in effect under this subsection for such applicable period shall be the amount in effect under subsection (a) on the date of such determination. 3. Amendments to the McNamara-O'Hara Service Contract Act (a) Definition Section 6701 of title 41, United States Code, is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Socioeconomic labor threshold The term socioeconomic labor threshold means the socioeconomic labor threshold established under section 2 of the Service Contract Modernization Act . . (b) Applicability threshold Section 6702(a)(2) of title 41, United States Code, is amended to read as follows: (2) involves an amount exceeding— (A) for contracts and bid specifications made prior to the date of enactment of the Service Contract Modernization Act , $2,500; and (B) for contracts and bid specifications made on or after such date of enactment, the socioeconomic labor threshold. . | https://www.govinfo.gov/content/pkg/BILLS-117s2963is/xml/BILLS-117s2963is.xml |
117-s-2964 | II 117th CONGRESS 1st Session S. 2964 IN THE SENATE OF THE UNITED STATES October 7, 2021 Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To clarify the status of the North Country, Ice Age, and New England National Scenic Trails as units of the National Park System, and for other purposes.
1. Short title This Act may be cited as the National Scenic Trails Parity Act . 2. North Country National Scenic Trail Section 5(a)(8) of the National Trails System Act ( 16 U.S.C. 1244(a)(8) ) is amended in the third sentence by inserting as a unit of the National Park System before the period at the end. 3. Ice Age National Scenic Trail Section 5(a)(10) of the National Trails System Act ( 16 U.S.C. 1244(a)(10) ) is amended by striking the third and fourth sentences and inserting The trail shall be administered by the Secretary of the Interior as a unit of the National Park System. . 4. New England National Scenic Trail Section 5(a)(28) of the National Trails System Act ( 16 U.S.C. 1244(a)(28) ) is amended in the third sentence by inserting as a unit of the National Park System, after administer the trail . | https://www.govinfo.gov/content/pkg/BILLS-117s2964is/xml/BILLS-117s2964is.xml |
117-s-2965 | II 117th CONGRESS 1st Session S. 2965 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to study the current and projected demands on rural broadband networks associated with data transmission due to increased network usage.
1. Definitions In this Act: (1) Commission The term Commission means the Federal Communications Commission. (2) Covered period The term covered period means the 6-year period that— (A) begins on the date that is 3 years before the date on which the proceeding under section 2(a)(1) is initiated; and (B) ends on the date that is 3 years after the date on which the proceeding under section 2(a)(1) is initiated. (3) High-cost rural area The term high-cost rural area means an area of the United States that is not contained within an incorporated city or town with a population of more than 20,000 inhabitants. (4) Qualifying broadband service The term qualifying broadband service means broadband service with measurable speeds of not less than the speeds required for the service to qualify as an advanced telecommunications capability, as that term is defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) ). (5) Rural broadband network The term rural broadband network means the plant, equipment, components, facilities, hardware, and software used by a rural broadband provider to provide qualifying broadband service in a high-cost rural area. (6) Rural broadband provider The term rural broadband provider means an entity that— (A) provides qualifying broadband service in a high-cost rural area using any terrestrial technology, including a fixed or mobile wireless or wireline network; and (B) provides qualifying broadband service to fewer than 250,000 customers. 2. Rural broadband network advancement study (a) Proceeding by FCC (1) In general (A) Initiation Not later than 1 year after the date of enactment of this Act, the Commission shall initiate a proceeding to analyze the demands that have been or will be placed on rural broadband networks during the covered period that are associated with data transmitted over those networks. (B) Conclusion Not later than 1 year after initiating the proceeding under subparagraph (A), the Commission shall conclude the proceeding. (2) Matters for analysis The analysis conducted under paragraph (1) shall include the following: (A) Estimation and analysis of network usage (i) Overall data transfers An estimate of the quantity of data that has been or will be transmitted over rural broadband networks during the covered period. (ii) Categories of network usage An analysis of the quantity of data that has been or will be transmitted over rural broadband networks during the covered period broken down by content owner, licensor, or distributor, in order to produce an estimate of network usage by type of content, use, and purpose. (B) Calculation of costs (i) In general A calculation of the costs to rural broadband providers during the covered period associated with transmission of data over rural broadband networks that are not already recovered through— (I) user rates that are reasonably comparable to user rates in urban areas; or (II) Federal programs aimed at promoting rural broadband deployment or sustaining rural broadband networks, including Federal universal service support programs established under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ). (ii) Costs described The categories of costs to be calculated under clause (i) shall include costs associated with— (I) the initial deployment of rural broadband networks; (II) the operation and maintenance of rural broadband networks; and (III) the delivery of services to users over rural broadband networks, including the transmission of data between high-cost rural areas and urban or suburban interconnection points. (3) Provision of information Notwithstanding any other provision of law, a rural broadband provider may disclose to the Commission— (A) the quantity of data transmitted over rural broadband networks of the provider, broken down by content owner, licensor, or distributor; and (B) any other information necessary for the Commission to complete the proceeding under paragraph (1). (b) Report to Congress Not later than 120 days after concluding the proceeding under subsection (a)(1), the Commission shall publish on its website and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the proceeding. | https://www.govinfo.gov/content/pkg/BILLS-117s2965is/xml/BILLS-117s2965is.xml |
117-s-2966 | II 117th CONGRESS 1st Session S. 2966 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Brown (for himself, Mr. Casey , Mr. Whitehouse , Ms. Baldwin , Mr. Bennet , Ms. Duckworth , Ms. Smith , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide additional benefits to American workers whose employment has been impacted as a result of the transition to a clean energy economy.
1. Short title This Act may be cited as the American Energy Worker Opportunity Act of 2021 . 2. Office of American Energy Workers (a) Establishment of office Not later than 60 days after the date of enactment of this Act, there shall be established within the Department of the Treasury an office to be known as the Office of American Energy Workers. The Office of American Energy Workers shall be headed by an Assistant Secretary who shall be appointed by the Secretary of the Treasury (referred to in this section as the Secretary ). (b) Responsibilities of Assistant Secretary The Secretary, acting through the Assistant Secretary, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this section; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of this section; (4) determining eligibility for benefits provided under this section and providing such benefits to qualified individuals; (5) preventing fraud and abuse relating to such benefits; (6) establishing and maintaining a system of records relating to the administration of this section; (7) ensuring that the Office of American Energy Workers is designed a manner that maximizes efficiency and ease of use by qualified individuals, which may include establishment and deployment of mobile field or satellite offices within eligible counties (as defined by the Secretary); (8) consulting with the Secretary of Labor with respect to the benefits provided under this section to avoid duplication with other Federal programs to assist qualified individuals; and (9) administering the programs established under this section. (c) Authorization of appropriations Beginning in fiscal year 2022 and in each fiscal year thereafter, there is authorized to be appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary to administer the office established under subsection (a). (d) Administration (1) Notification (A) In general Not later than the date that is 90 days before the date of the closure of a coal mine or fossil-fuel intensive plant, the operator of such mine or plant shall provide notice to the Secretary with respect to such closure, including such information as is determined necessary by the Secretary to determine the eligibility of any former employee of such mine or plant for any benefits provided under this section, as well as the amount of such benefits. (B) Compliance In determining compliance with the notification requirement of subparagraph (A), the Secretary shall confirm the compliance, as applicable, of the coal mine or fossil-fuel intensive plant with the notification requirements of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) through communication with the Secretary of Labor and, as appropriate, the State or the chief elected official of the unit of local government within which the closure of such coal mine or fossil-fuel intensive plant is to occur. (2) Closure For purposes of this section, the term closure means— (A) with respect to any coal mine, any reduction in production occurring after the date of enactment of this Act which is accompanied by permanent layoffs; and (B) with respect to any fossil-fuel intensive plant, the permanent closure of 1 or more generating units occurring after the date of enactment of this Act which is accompanied by permanent layoffs. (3) Fossil-fuel intensive plant For purposes of this section— (A) In general The term fossil-fuel intensive plant means a fixed facility for which the primary purpose is processing or utilization of fossil fuels for— (i) the generation of energy or electric power; or (ii) the production of fuels. (B) Oil refineries The term fossil-fuel intensive plant shall include oil refineries. (4) Qualified individual (A) In general For purposes of this section, the term qualified individual means— (i) any individual— (I) whose employment was terminated as the result of the closure of a coal mine or a fossil-fuel intensive plant; (II) who, prior to such closure, was continually employed at such mine or plant— (aa) for a period of not less than 12 months; and (bb) for an average of not less than 30 hours a week during the 12-month period preceding such closure; and (III) for whom the applicable information has been provided to the Secretary pursuant to paragraph (1); and (ii) any individual who has been determined, pursuant to subparagraph (C), to be a fossil-fuel dependent worker. (B) Railroad and allied industries workers Pursuant to regulations issued by the Secretary, the term qualified individual shall include any individual— (i) whose employment as a railroad worker, or whose employment involves coal transportation, maintenance, and supply, was terminated; (ii) whose income during the 12-month period preceding the closure of a coal mine or a fossil-fuel intensive plant has been substantially dependent on the continued operation of such mine or plant (as determined by the Secretary, in coordination with the Secretary of Labor); and (iii) who has applied for benefits provided under this section and has provided the Secretary with such information as determined appropriate by the Secretary. (C) Fossil-fuel dependent worker For purposes of subparagraph (A)(ii), the term fossil-fuel dependent worker means an individual who, as determined by the Secretary (in coordination with the Secretary of Labor and the Secretary of Energy), is— (i) employed in a fossil-fuel intensive industry at a fixed facility or work site which has been determined to be likely to close within the following 3-year-period; and (ii) eligible for benefits provided under this section based on need. (e) Wage replacement (1) In general (A) Payment In the case of any qualified individual, during the applicable period, the Secretary shall provide such individual with payments in an amount which, for each month during such period, is equal to— (i) the average amount of monthly remuneration for employment paid to such individual during the 12-month period prior to the termination of their employment (as described in subsection (d)(4)); minus (ii) an amount equal to the sum of— (I) except as provided under paragraph (5)(B), any wages (as defined in section 3121(a)) received by such individual with respect to employment (as defined in section 3121(b)) during such month; (II) any payments made to such individual pursuant to a Federal benefit program during such month; plus (III) any unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986) during such month. (B) Notification During the applicable period, a qualified individual shall notify the Secretary with respect to any wages, payments, or compensation described in subparagraph (A)(ii). (C) Compliance (i) In general Notwithstanding section 6103 of the Internal Revenue Code of 1986, with respect to any qualified individual who receives a payment under this subsection for any month, if the Secretary determines that such individual failed to comply with the requirement under subparagraph (B) with respect to such month, such individual shall be subject to a penalty in an amount equal to the lesser of— (I) the amount of such payment for such month; or (II) the amount determined under subparagraph (A)(ii) with respect to such month. (ii) No additional payments (I) In general No payment shall be allowed under this subsection for any month during the disallowance period. (II) Disallowance period For purposes of subclause (I), the disallowance period shall be any month during the applicable period beginning prior to the date on which an individual described in clause (i) has made full payment with respect to any penalty imposed under such clause. (2) Applicable period For purposes of this subsection, the term applicable period means, with respect to any qualified individual, the 60-month period subsequent to the termination of their employment (as described in subsection (d)(4)). (3) Frequency of payment Any payment required to be provided to a qualified individual under this subsection shall be provided by the Secretary on a basis which is not less frequent than once per month during the applicable period. (4) Adjustment for inflation For purposes of any payment described in paragraph (1) which is provided to a qualified individual during a calendar year beginning after the date that the employment of such individual was terminated, such amount shall be adjusted in a manner similar to the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for such calendar year. (5) Tax treatment Any amount provided to a qualified individual under this subsection shall be treated as— (A) gross income for purposes of the Internal Revenue Code of 1986; and (B) for purposes of section 3101 of such Code, wages received by the individual with respect to employment. (f) Health insurance benefits (1) In general The Secretary shall provide the following health insurance benefits: (A) In the case of a qualified individual who is receiving continuation coverage pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) and section 4980B of the Internal Revenue Code of 1986, the Secretary shall transfer, each month, to the group health plan (or health insurance issuer offering health insurance coverage in connection with such a plan) of such qualified individual, the amount required to cover the same percentage of the qualified individual's monthly premium (including coverage for any qualified beneficiaries) that such individual's former employer contributed toward such premium during the individual's employment. (B) In the case of a qualified individual who is not eligible for continuation coverage as described in subparagraph (A), the Secretary shall transfer to the qualified individual, each month, an amount equal to the amount that the individual's former employer contributed each month towards premiums for enrollment of the individual and qualified beneficiaries in a group health plan (including any health insurance coverage offered in connection with such a plan), adjusted in accordance with the average increase in health insurance premiums for plans offered at the gold level of coverage (as described in section 1302(d)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d)(1) )) in the individual market in the applicable State. This amount shall not be considered as gross income for purposes of the Internal Revenue Code of 1986 provided that the individual provides proof that it has been used to purchase health insurance coverage that qualifies as minimum essential coverage (as defined in section 5000A(f) of the Internal Revenue Code of 1986). (2) Reduction of premiums payable by individuals In the case of a qualified individual and qualified beneficiaries receiving benefits described in paragraph (1)(A) during the applicable period of coverage described in paragraph (3)(A), such individual and beneficiaries shall be treated for purposes of part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) and section 4980B of the Internal Revenue Code of 1986 as having paid in full the amount of such premium for a month if such qualified individual and qualified beneficiary pays the total monthly premium due, less the amount of benefits paid on behalf of such individual and beneficiaries pursuant to paragraph (1)(A). (3) Period of coverage with respect to COBRA continuation coverage For purposes of this subsection, the following shall apply: (A) In general Subject to subparagraph (B), with respect to a qualified individual or qualified beneficiary who is receiving continuation coverage pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) and 4980B of the Internal Revenue Code of 1986, the period of coverage described in section 602(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1162(2) ) and section 4980B(f)(2)(B) of the Internal Revenue Code of 1986 is deemed to extend to the date which is 5 years after termination of the qualified individual's employment. (B) End of plan With respect to a qualified individual and qualified beneficiaries described in subparagraph (A), if the employer ceases to provide any group health plan to any employee before the period of coverage described in such subparagraph ends, or if the qualified individual and qualified beneficiaries become ineligible for continuation coverage (other than for reasons described in paragraph (4)(A)(ii)), such qualified individual and qualified beneficiaries shall be eligible for benefits described in paragraph (1)(B). (4) Duration of benefits (A) Benefits with respect to COBRA continuation coverage The benefits described in paragraph (1)(A) shall continue until the earlier of— (i) the date that is 5 years after closure of a coal mine or fossil-fuel intensive plant; or (ii) the date on which the qualified individual or qualified beneficiary becomes ineligible for continuation coverage pursuant to subparagraph (C) or (D)(ii) of section 602(2) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1162(2) ) or clause (iii) or (iv) of section 4980B(f)(2)(B) of the Internal Revenue Code of 1986. (B) Other benefits The benefits described in paragraph (1)(B) shall continue until the date that is 5 years after closure of a coal mine or fossil-fuel intensive plant. (C) Special rule With respect to a qualified individual and qualified beneficiaries, section 602(2)(C) of the Employee Retirement Income Security Act of 1974 and section 4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986 shall apply only if, with respect to such individual and beneficiaries, at least 2 consecutive premium payments are not made. (5) Outreach The Secretary of Labor, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall provide outreach consisting of public education and enrollment assistance relating to premium assistance provided under this subsection, that targets employers, group health plan administrators, public assistance programs, States, health insurance issuers, and other entities as determined appropriate by such Secretaries. Such outreach shall initially focus on individuals electing COBRA continuation coverage. Information on premium assistance, including enrollment, shall be made available on the websites of the Departments of Labor, Treasury, and Health and Human Services. (6) Definitions In this subsection— (A) the terms group health plan , health insurance coverage , and health insurance issuer have the meanings given such terms in section 733 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b ); and (B) the term qualified beneficiary has the meaning given such term in section 607(3)(A) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1167(3)(A) ). (g) Retirement savings contributions (1) In general In the case of a qualified individual, the Secretary shall pay to such individual amounts equal to the amount of employer contributions (other than elective deferrals) which were made to a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) of the individual as of the last month the individual was employed by the employer. Such payments shall be made on the same schedule as employer contributions under the plan. (2) Tax treatment of contributions If the qualified individual demonstrates that the payments made under paragraph (1) are contributed to a qualified retirement plan (as so defined) of the individual, such payments shall be treated for purposes of the Internal Revenue Code of 1986 as if they had been made as employer contributions. (h) Educational benefits (1) Definitions In this subsection: (A) Child The term child means, with respect to any qualified individual, a son or daughter of such individual. (B) Public, in-State institution or vocational school The term public, in-State institution or vocational school means a public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), or a public vocational school, of the State in which the qualified individual or child resides. (2) In general The Secretary of Education shall carry out a program of educational assistance for any qualified individual and child of a qualified individual that is comparable to the program of education assistance administered by the Secretary of Veterans Affairs under chapter 33 of title 38, United States Code, except that— (A) a qualified individual, and each child of a qualified individual, may receive the educational assistance provided under the program; and (B) the educational assistance shall only be available for use— (i) at a public, in-State institution or vocational school; or (ii) for a program of training services included on the most recent list of eligible training programs issued under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ) by the Governor of the State in which the qualified individual or child of a qualified individual resides. (i) Priority for employment The Secretary, in coordination with the Secretary of Labor, the Secretary of Commerce, and the Secretary of Energy, shall, with respect to any clean energy grants which are made available after the date of enactment of this Act, give priority to employers that intend to hire qualified individuals. (j) Effective date This section shall take effect on the date of the establishment of the Office of American Energy Workers (as described in subsection (a)). | https://www.govinfo.gov/content/pkg/BILLS-117s2966is/xml/BILLS-117s2966is.xml |
117-s-2967 | II 117th CONGRESS 1st Session S. 2967 IN THE SENATE OF THE UNITED STATES October 7, 2021 Ms. Murkowski (for herself, Mr. King , Mr. Cramer , Ms. Collins , Ms. Klobuchar , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish an Assistant Secretary of State for Arctic Affairs.
1. Short title This Act may be cited as the Arctic Diplomacy Act of 2021 . 2. Assistant Secretary of State for Arctic Affairs Section 1(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c) ) is amended— (1) in paragraph (1), by striking not more than 24 Assistant Secretaries of State and inserting not more than 25 Assistant Secretaries of State ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) Assistant Secretary of State for Arctic Affairs (A) In general There is authorized to be in the Department of State an Assistant Secretary of State for Arctic Affairs, who shall be responsible to the Secretary of State and the Under Secretary of State for Political Affairs for all matters, programs, and related activities pertaining to the Arctic region in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate. (B) Areas of responsibility The Assistant Secretary of State for Arctic Affairs shall maintain continuous observation and coordination of all matters pertaining to energy, environment, trade, infrastructure development and maintenance, law enforcement, and political-military affairs in the conduct of foreign policy in the Arctic, including programs carried out by other United States Government agencies when such programs pertain to the following matters: (i) National security. (ii) Strengthening cooperation among Arctic countries. (iii) The promotion of responsible natural resource management and economic development. (iv) Protecting the Arctic environment and conserving its biological resources. (v) Arctic indigenous peoples, including by involving them in decisions that affect them. (vi) Scientific monitoring and research. (C) Additional duties In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for Arctic Affairs shall also carry out such other relevant duties as the Secretary may assign. (D) Definitions In this paragraph: (i) Arctic region The term Arctic region means— (I) the geographic region north of the 66.56083 parallel latitude north of the equator; (II) all the United States territory north and west of the boundary formed by the Porcupine, Yukon, and Kuskokwim Rivers; (III) all contiguous seas, including the Arctic Ocean and the Beaufort, Bering, and Chukchi Seas; and (IV) the Aleutian Chain. (ii) Arctic countries The term Arctic Countries means the permanent members of the Arctic Council, namely the United States, Canada, Denmark, Iceland, Norway, Sweden, Finland, and Russia. . | https://www.govinfo.gov/content/pkg/BILLS-117s2967is/xml/BILLS-117s2967is.xml |
117-s-2968 | II 117th CONGRESS 1st Session S. 2968 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Sullivan (for himself, Ms. Murkowski , Mr. Crapo , Mr. Daines , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To increase the number of judgeships for the United States Court of Appeals for the Ninth Circuit and certain district courts of the United States, and for other purposes.
1. Short title This Act may be cited as the Judicial Efficiency Improvement Act . 2. Definitions In this Act: (1) Former ninth circuit The term former ninth circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit The term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A). (3) Twelfth circuit The term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). 3. Number and composition of circuits Section 41 of title 28, United States Code, is amended— (1) in the matter preceding the table, by striking thirteen and inserting fourteen ; and (2) in the table— (A) by striking the item relating to the ninth circuit and inserting the following: Ninth California, Guam, Hawaii, Northern Mariana Islands. ; and (B) by inserting after the item relating to the eleventh circuit the following: Twelfth Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington. . 4. Circuit court judgeships (a) New Judgeships The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the new ninth circuit, whose official duty station shall be in California. (b) Temporary Judgeships (1) Appointment of judges The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit, whose official duty station shall be in California. (2) Effect of vacancies The first 2 vacancies in the position of circuit judge for the new ninth circuit occurring 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective Date This section shall take effect on the date of enactment of this Act. 5. Number of circuit judges The table in section 44(a) of title 28, United States Code, is amended— (1) by striking the item relating to the ninth circuit and inserting the following: Ninth 18 ; and (2) by inserting after the item relating to the eleventh circuit the following: Twelfth 13 . 6. Places of circuit court The table in section 48(a) of title 28, United States Code, is amended— (1) by striking the item relating to the ninth circuit and inserting the following: Ninth Honolulu, Pasadena, San Francisco. ; and (2) by inserting after the item relating to the eleventh circuit the following: Twelfth Las Vegas, Phoenix, Portland, Seattle. . 7. Location of Twelfth Circuit headquarters The offices of the Circuit Executive of the Twelfth Circuit and the Clerk of the Court of the Twelfth Circuit shall be located in Seattle, Washington. 8. Assignment of circuit judges Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act— (1) is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of that effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of that effective date. 9. Election of assignment by senior judges Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act— (1) may elect to be assigned to the new ninth circuit or the twelfth circuit as of that effective date; and (2) shall notify the Director of the Administrative Office of the United States Courts of the election made under paragraph (1). 10. Seniority of judges The seniority of each judge who is assigned under section 8 or elects to be assigned under section 9 shall run from the date of commission of the judge as a judge of the former ninth circuit. 11. Application to cases The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which the appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in that court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. 12. Temporary assignment of circuit judges among circuits Section 291 of title 28, United States Code, is amended by adding at the end the following: (c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. (d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit. . 13. Temporary assignment of district judges among circuits Section 292 of title 28, United States Code, is amended by adding at the end the following: (f) The chief judge of the United States Court of Appeals for the Ninth Circuit may in the public interest— (1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit, or a division thereof, whenever the business of that court so requires; and (2) designate and assign temporarily any district judge within the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. (g) The chief judge of the United States Court of Appeals for the Twelfth Circuit may in the public interest— (1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit, or a division thereof, whenever the business of that court so requires; and (2) designate and assign temporarily any district judge within the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. (h) Any designation or assignment under subsection (f) or (g) shall be in conformity with the rules or orders of the court of appeals of, or the district within, as applicable, the circuit to which the judge is designated or assigned. . 14. District judges for the district courts (a) Additional judgeships The President shall appoint, by and with the advice and consent of the Senate— (1) 4 additional district judges for the district of Arizona; (2) 15 additional district judges for the central district of California; (3) 4 additional district judges for the eastern district of California; (4) 5 additional district judges for the northern district of California; (5) 6 additional district judges for the southern district of California; (6) 2 additional district judges for the district of Colorado; (7) 2 additional district judges for the district of Delaware; (8) 7 additional district judges for the middle district of Florida; (9) 1 additional district judge for the northern district of Florida; (10) 3 additional district judges for the southern district of Florida; (11) 2 additional district judges for the northern district of Georgia; (12) 1 additional district judge for the district of Idaho; (13) 2 additional district judges for the southern district of Indiana; (14) 1 additional district judge for the district of Iowa; (15) 5 additional district judges for the district of New Jersey; (16) 1 additional district judge for the district of New Mexico; (17) 2 additional district judges for the eastern district of New York; (18) 1 additional district judge for the southern district of New York; (19) 1 additional district judge for the western district of New York; (20) 2 additional district judges for the eastern district of Texas; (21) 4 additional district judges for the southern district of Texas; and (22) 6 additional district judges for the western district of Texas. (b) Conversion of temporary judgeships The existing judgeships for the district of Kansas and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note) and the existing judgeships for the district of Arizona, the central district of California, the southern district of Florida, the eastern district of Missouri, the district of New Mexico, the western district of North Carolina, and the eastern district of Texas authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 , 28 U.S.C. 133 note), as of the date of enactment of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (c) Technical and conforming amendments The table contained in section 133(a) of title 28, United States Code, is amended— (1) by striking the item relating to the district of Arizona and inserting the following: Arizona 17 ; (2) by striking the items relating to California and inserting the following: California: Northern 19 Eastern 10 Central 43 Southern 19 ; (3) by striking the item relating to the district of Colorado and inserting the following: Colorado 9 ; (4) by striking the item relating to the district of Delaware and inserting the following: Delaware 6 ; (5) by striking the items relating to Florida and inserting the following: Florida: Northern 5 Middle 22 Southern 21 ; (6) by striking the items relating to Georgia and inserting the following: Georgia: Northern 13 Middle 4 Southern 3 ; (7) by striking the item relating to Idaho and inserting the following: Idaho 3 ; (8) by striking the items relating to Indiana and inserting the following: Indiana: Northern 5 Southern 7 ; (9) by striking the item relating to New Jersey and inserting the following: New Jersey 22 ; (10) by striking the item relating to New Mexico and inserting the following: New Mexico 9 ; (11) by striking the items relating to New York and inserting the following: New York: Northern 5 Southern 29 Eastern 17 Western 5 ; (12) by striking the items relating to North Carolina and inserting the following: North Carolina: Eastern 4 Middle 4 Western 5 ; and (13) by striking the items relating to Texas and inserting the following: Texas: Northern 12 Southern 23 Eastern 10 Western 19 . 15. Administration (a) Transition authority The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take any administrative action that is required to carry out this Act and the amendments made by this Act. (b) Administrative termination The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the date of enactment of this Act. 16. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities. 17. Effective date Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2968is/xml/BILLS-117s2968is.xml |
117-s-2969 | II 117th CONGRESS 1st Session S. 2969 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Sullivan (for himself, Ms. Murkowski , Mr. Crapo , Mr. Daines , and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a Commission on Structural Alternatives for the Federal Courts of Appeals.
1. Short title This Act may be cited as the Federal Courts of Appeals Modernization Act . 2. Establishment There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (in this Act referred to as the Commission ). 3. Membership (a) Composition The Commission shall be composed of 5 members who shall be appointed by the Chief Justice of the United States. (b) Appointment The members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. (c) Vacancy Any vacancy in the Commission shall be filled in the same manner as the original appointment. (d) Chair The Commission shall elect a chair and vice chair from among its members. (e) Quorum Three members of the Commission shall constitute a quorum. 4. Duties The Commission shall— (1) study the present division of the United States courts of appeals, with particular references to the United States Court of Appeals for the Ninth Circuit; and (2) submit to the President and Congress a report on the recommendations of the Commission with respect to changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the United States courts of appeals, consistent with fundamental concepts of fairness and due process. 5. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to $300 for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates not greater than those described in section 456 of title 28, United States Code. 6. Staff (a) Executive director The Commission may appoint an Executive Director who shall be compensated at a rate not greater than the daily equivalent of the annual rate of basic pay prescribed for a position at GS–15 of the General Schedule for each day (including travel time) during which the Executive Director is engaged in the performance of the duties of the Commission. (b) Staff The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that a rate of pay fixed under this subsection may not exceed the annual maximum rate of basic pay for a position above GS–15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and consultants The Executive Director may procure by contract the temporary or intermittent services of experts or consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals that are not greater than the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (d) Services The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, to the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services to the Commission on a reimbursable basis. 7. Information The Commission may request from any department, agency, or independent instrumentality of the United States any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality may provide such information and assistance to the extent permitted by law when requested by the chair of the Commission. 8. Study and report (a) Study Not later than 300 days after the first date on which a quorum of the Commission is present, the Commission shall conclude a study on the issues described in section 4(1). (b) Report Not later than 60 days after the date by which the Commission is required to conclude the study under subsection (a), the Commission shall submit to the President and Congress the report required under section 4(2). 9. Termination The Commission shall terminate 90 days after the date on which the Commission submits the report described in section 8(b). 10. Authorization of appropriations There are authorized to be appropriated such sums as are necessary, not to exceed $1,000,000, to carry out this Act, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2969is/xml/BILLS-117s2969is.xml |
117-s-2970 | II 117th CONGRESS 1st Session S. 2970 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Crapo (for himself, Mr. Risch , Mr. Sullivan , Ms. Murkowski , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes.
1. Short title This Act may be cited as the Judicial Reorganization Act of 2021 . 2. Definitions In this Act— (1) the term former Ninth Circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term new Ninth Circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term Twelfth Circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). 3. Number and composition of circuits Section 41 of title 28, United States Code, is amended— (1) in the matter preceding the table, by striking thirteen and inserting fourteen ; and (2) in the table— (A) by striking the item relating to the Ninth Circuit and inserting the following: Ninth California, Guam, Hawaii. ; and (B) by inserting after the item relating to the Eleventh Circuit the following: Twelfth Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington. . 4. Judgeships (a) New judgeships (1) For former Ninth Circuit The President shall appoint, by and with the advice and consent of the Senate— (A) 4 additional circuit court judges for the former Ninth Circuit, whose official duty station shall be in California, Guam, or Hawaii; and (B) 1 additional circuit court judge for the former Ninth Circuit, whose official duty station shall be in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington. (b) Effective date This section shall take effect on the date of the enactment of this Act. 5. Number of circuit judges The table contained in section 44(a) of title 28, United States Code, is amended— (1) by striking the item relating to the Ninth Circuit and inserting the following: Ninth 21 ; and (2) by inserting after the item relating to the Eleventh Circuit the following: Twelfth 13 . 6. Places of circuit court The table contained in section 48(a) of title 28, United States Code, is amended— (1) by striking the item relating to the Ninth Circuit and inserting the following: Ninth Honolulu, San Francisco, Pasadena. ; and (2) by inserting after the item relating to the Eleventh Circuit the following: Twelfth Phoenix, Seattle, Portland. . 7. Assignment of circuit judges (a) In general Each circuit judge of the former Ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act— (1) is in California, Guam, or Hawaii shall be a circuit judge of the new Ninth Circuit as of such effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the Twelfth Circuit as of such effective date. 8. Election of assignment by senior judges Each judge who is a senior circuit judge of the former Ninth Circuit on the day before the effective date of this Act may elect to be assigned to the new Ninth Circuit or to the Twelfth Circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. 9. Seniority of judges The seniority of each judge— (1) who is assigned under section 7; or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former Ninth Circuit. 10. Application to cases The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former Ninth Circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. 11. Administration The United States Court of Appeals for the Ninth Circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes upon the expiration of the 2-year period beginning on the effective date of this Act. 12. Effective date Except as provided in section 4(b), this Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. 13. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities. | https://www.govinfo.gov/content/pkg/BILLS-117s2970is/xml/BILLS-117s2970is.xml |
117-s-2971 | II 117th CONGRESS 1st Session S. 2971 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Casey (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to revise the Standard Occupational Classification System to accurately count the number of emergency medical services practitioners in the United States.
1. Short title This Act may be cited as the EMS Counts Act of 2021 . 2. Findings Congress finds the following: (1) Emergency Medical Services (in this Act referred to as EMS ) personnel provide a critical role in emergency response. EMS consists of a diverse group of health care practitioners, such as paramedics, emergency medical technicians (in this Act referred to as EMTs ), dual-role firefighter/EMTs, firefighter/paramedics, and volunteer personnel serving in each of such roles. (2) EMS is an integral component of the response capacity of the United States to disasters and public health crises, such as outbreaks of infectious diseases, bombings, mass shootings, earthquakes, tornadoes, and hurricanes. EMS personnel respond to more than 22,000,000 emergency calls each year including strokes, heart attacks, cardiac arrest, and trauma. (3) The Bureau of Labor Statistics compiles information on the number of individuals working in roles across the entire United States workforce. The Bureau of Labor Statistics completes this work by maintaining the Standard Occupational Classification system which classifies workers and jobs into occupational categories for the purpose of collecting, calculating, analyzing, or disseminating data. (4) The BLS fails to accurately count EMS practitioners because of its failure to include dual-role firefighter/EMTs and firefighter/paramedics in their count of EMS personnel. (5) Accurately counting the EMS workforce is critical for government agencies in determining the needs of EMS agencies and practitioners. These data are also crucial for informing many aspects of policy including preparedness for natural disasters, public health emergencies, and acts of terrorism. 3. Recognition of dual-role firefighters as EMS practitioners Not later than 120 days after the date of the enactment of this Act, the Secretary of Labor, in collaboration with the Director of the Office of Management and Budget, shall revise the broad description under the occupational series 33–2011 Firefighters of the 2018 Standard Occupational Classification System of the Bureau of Labor Statistics to include the following detailed occupations: (1) Firefighters. (2) Firefighter/EMTs. (3) Firefighter/Paramedics. (4) Firefighters, All Other. 4. Reports to Congress Not later than 270 days after the enactment of this Act, the Secretary of Labor, in collaboration with the Director of the Office of Management and Budget, shall submit to Congress a report that details— (1) the actions taken in 2015 to expand the definition 29–2040 Emergency Medical Technicians and Paramedics to separately account for the numbers of EMTs and paramedics; and (2) the implementation of the revisions under section 3. | https://www.govinfo.gov/content/pkg/BILLS-117s2971is/xml/BILLS-117s2971is.xml |
117-s-2972 | II 117th CONGRESS 1st Session S. 2972 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Graham (for himself, Mr. Hawley , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To repeal section 230 of the Communications Act of 1934.
1. Repeal of section 230 (a) In general Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is repealed. (b) Conforming amendments (1) Communications Act of 1934 The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— (A) in section 223(h) ( 47 U.S.C. 223(h) ), by striking paragraph (2) and inserting the following: (2) The term interactive computer service means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. ; and (B) in section 231(b)(4) ( 47 U.S.C. 231(b)(4) ), by striking or section 230 . (2) Trademark Act of 1946 Section 45 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Trademark Act of 1946 ) ( 15 U.S.C. 1127 ), is amended by striking the definition relating to the term Internet and inserting the following: The term Internet means the international computer network of both Federal and non-Federal interoperable packet switched data networks. . (3) Title 17, United States Code Section 1401 of title 17, United States Code, is amended by striking subsection (g). (4) Title 18, United States Code Part I of title 18, United States Code, is amended— (A) in section 2257(h)(2)(B)(v), by striking , except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ) shall not constitute such selection or alteration of the content of the communication ; and (B) in section 2421A— (i) in subsection (a), by striking (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )) and inserting (as that term is defined in section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 )) ; and (ii) in subsection (b), by striking (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )) and inserting (as that term is defined in section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 )) . (5) Controlled Substances Act Section 401(h)(3)(A)(iii)(II) of the Controlled Substances Act ( 21 U.S.C. 841(h)(3)(A)(iii)(II) ) is amended by striking , except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 shall not constitute such selection or alteration of the content of the communication . (6) Webb-Kenyon Act Section 3(b)(1) of the Act entitled An Act divesting intoxicating liquors of their interstate character in certain cases , approved March 1, 1913 (commonly known as the Webb-Kenyon Act ) ( 27 U.S.C. 122b(b)(1) ), is amended by striking (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) and inserting (as defined in section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 )) . (7) Title 28, United States Code Section 4102 of title 28, United States Code, is amended— (A) by striking subsection (c); and (B) in subsection (e)— (i) by striking construed to and all that follows through affect and inserting construed to affect ; and (ii) by striking defamation; or and all that follows and inserting defamation. . (8) Title 31, United States Code Section 5362(6) of title 31, United States Code, is amended by striking section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ) and inserting section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 ) . (9) National Telecommunications and Information Administration Organization Act Section 157 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 941 ) is amended— (A) by striking subsection (e); and (B) by redesignating subsections (f) through (j) as subsections (e) through (i), respectively. (c) Effective date The amendments made by this section shall take effect on January 1, 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s2972is/xml/BILLS-117s2972is.xml |
117-s-2973 | II 117th CONGRESS 1st Session S. 2973 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mrs. Blackburn (for herself, Mr. Hagerty , Mr. Lee , Mr. Tuberville , and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an Inspector General of the National Institutes of Health.
1. Establishment of Inspector General of the National Institutes of Health (a) Definitions Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking or the Director of the National Reconnaissance Office; and inserting the Director of the National Reconnaissance Office; or the Director of the National Institutes of Health; and (2) in paragraph (2), by striking or the National Reconnaissance Office, and inserting the National Reconnaissance Office, or the National Institutes of Health, . (b) Appointment of Inspector General Not later than 180 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Inspector General of the National Institutes of Health in accordance with section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). | https://www.govinfo.gov/content/pkg/BILLS-117s2973is/xml/BILLS-117s2973is.xml |
117-s-2974 | II 117th CONGRESS 1st Session S. 2974 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Blumenthal (for himself, Mr. Brown , Ms. Baldwin , Mr. Reed , and Mr. Markey ) 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 a Reducing Youth Use of E-Cigarettes Initiative.
1. Short title This Act may be cited as the Preventing Opportunities for Teen E-Cigarette and Tobacco Addiction Act or the PROTECT Act . 2. Reducing Youth Use of E-Cigarettes Initiative The Public Health Service Act is amended by inserting after section 317U of such Act ( 42 U.S.C. 247b–23 ) the following: 317V. Reducing Youth Use of E-Cigarettes Initiative (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out an initiative, to be known as the Reducing Youth Use of E-Cigarettes Initiative, which shall include the following: (1) Conducting research, (including by enhancing State-level surveillance and by using rapid surveillance methods) on use by youth and young adults of electronic cigarettes and emerging tobacco products, including research on— (A) the types of products youth and young adults use; (B) patterns of products used by youth and young adults, including initiation, frequency of use, use in combination with other tobacco products, and use of flavors; (C) the association between the use by youth and young adults of electronic cigarettes and smoking initiation; (D) use of electronic cigarettes and emerging tobacco products among different demographic groups; (E) the means by which youth and young adults access electronic cigarettes and emerging tobacco products, and methods of distribution of electronic cigarettes and emerging tobacco products; (F) youth and young adult exposure to advertising of electronic cigarettes and emerging tobacco products; (G) marketing and advertising strategies used by manufacturers, including the channels and messaging used and strategies that target different demographic groups; (H) the reasons youth and young adults use such products; (I) the extent to which youth and young adult electronic cigarette users are nicotine dependent; (J) patterns of youth and young adult electronic cigarette cessation behaviors, including patterns in motivation to quit, quit attempts, successful cessation, and associated factors; and (K) resources youth and young adults are using to quit tobacco use. (2) Conducting research on— (A) the characteristics and nicotine delivery technology of electronic cigarettes and emerging tobacco products; (B) biomarkers of exposure to electronic cigarettes and emerging tobacco products and resulting health impacts from such exposure; and (C) the levels of nicotine in electronic cigarettes and emerging tobacco products. (3) Developing and disseminating guidance for health care providers, schools, and other entities as appropriate on intervening with, and treating, youth and young adults who use electronic cigarettes and other emerging tobacco products. (4) Identifying promising strategies to— (A) prevent and reduce the use by youth and young adults of electronic cigarettes and emerging tobacco products; (B) identify and develop cessation strategies and quit support that are appropriate for youth and young adults; and (C) improve access to, and the delivery of tobacco cessation services for, youth and young adults, including the use of technology-delivered services. (5) Identifying effective messages and communication efforts that prevent initiation of tobacco product use and reduce use, including the use of electronic cigarettes and emerging tobacco products, among youth and young adults. (6) Developing and implementing a campaign, in coordination with the Surgeon General, to reduce tobacco initiation and use by youth and young adults, and to educate the public about— (A) the rapidly evolving tobacco product landscape; (B) the harms associated with the use by youth and young adults of electronic cigarettes and other emerging tobacco products; and (C) culturally competent strategies for intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (7) Continuing to provide funding through the Centers for Disease Control and Prevention’s National Tobacco Control Program cooperative agreement to State, local, territorial, and island health departments and Tribal organizations, as appropriate, for— (A) preventing and reducing the use by youth and young adults of electronic cigarettes and emerging tobacco products; and (B) improving access to and delivery of cessation strategies that are appropriate for services to youth and young adults addicted to nicotine, including through quitlines and provider education on cessation services available through the Medicaid program under title XIX of the Social Security Act and the Children’s Health Insurance Program under title XXI of such Act. (8) Evaluating State, community, and school-based strategies for— (A) preventing the initiation and use of electronic cigarettes and emerging tobacco products among youth and young adults; and (B) intervening with youth and young adults who use tobacco and providing or directing them to appropriate cessation services. (b) No duplication The Secretary shall ensure that activities under this section do not duplicate other activities of the Department of Health and Human Services. (c) Strategy Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make available to the public on the internet website of the Department of Health and Human Services, a strategy for carrying out the Reducing Youth Use of E-Cigarettes Initiative. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2974is/xml/BILLS-117s2974is.xml |
117-s-2975 | II 117th CONGRESS 1st Session S. 2975 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Van Hollen (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of the Army and the Secretary of the Navy to carry out a pilot program on using data recorders to improve the readiness and safety of the operation of military tactical vehicles.
1. Short title This Act may be cited as the 1st Lt. Hugh Conor McDowell Safety in Armed Forces Equipment Act of 2021 . 2. Pilot program for tactical vehicle safety data collection (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles. (b) Purposes The purposes of the pilot program are— (1) to allow for the automated identification of hazards and potential hazards on and off military installations; (2) to mitigate and increase awareness of hazards and potential hazards on and off military installations; (3) to identify near-miss accidents; (4) to create a standardized record source for accident investigations; (5) to assess individual driver proficiency, risk, and readiness; (6) to increase consistency in the implementation of military installation and unit-level range safety programs across military installations and units; (7) to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness; (8) to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and (9) any other matters as determined by the Secretary concerned. (c) Requirements In carrying out the pilot program, the Secretary of the Army and the Secretary of the Navy shall— (1) assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder; (2) test and evaluate a minimum of two data recorders that meet the pilot program requirements; (3) select a data recorder capable of collecting and exporting the telemetry data, event data, and driver identification during operation and accidents; (4) install and maintain a data recorder on a sufficient number of each of the military tactical vehicles listed under subsection (f) at installations selected by the Secretary concerned under subsection (e) for statistically significant results; (5) establish and maintain a database that contains telemetry data, driver data, and event data captured by the data recorder; (6) regularly generate for each installation selected under subsection (e) a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders; (7) generate actionable data sets and statistics on individual, vehicle, and military installation; (8) require commanders at the installations selected under subsection (e) to incorporate the actionable data sets and statistics into the installation range safety program; (9) require unit commanders at the installations selected under subsection (e) to incorporate the actionable data sets and statistics into the unit driver safety program; (10) evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders; (11) use open architecture to the maximum extent practicable; and (12) carry out any other activities determined by the Secretary as necessary to meet the purposes under subsection (b). (d) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall develop a plan for implementing the pilot program. (e) Locations Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that meets the following conditions: (1) Contains the necessary force structure, equipment, and maneuver training ranges to collect driver and military tactical vehicle data during training and routine operation. (2) Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents that did not track unit location during the training events. (f) Covered military tactical vehicles The pilot program shall cover the following military tactical vehicles: (1) Army Strykers. (2) Marine Corps Light Armored Vehicles. (3) Army Medium Tactical Vehicles. (4) Marine Corps Medium Tactical Vehicle Replacements. (g) Metrics The Secretaries shall develop metrics to evaluate the effectiveness of the pilot program in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk. (h) Reports (1) Initial Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the pilot program that addresses the plan for implementing the requirements under subsection (c), including the established metrics under subsection (g). (2) Interim Not later than three years after the commencement of the pilot program, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d). (3) Final (A) In general Not later than 90 days after the termination of the pilot program, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the results of the program. (B) Elements The report required by subparagraph (A) shall— (i) assess the effectiveness of the pilot program in meeting the purposes under subsection (b); (ii) include the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service; (iii) include the views of range personnel, unit commanders, and members of the Armed Forces involved in the pilot program on the level of effectiveness of the technology selected; (iv) provide a cost estimate for equipping legacy military tactical vehicles with data recorders; (v) determine the instances in which data recorders should be a requirement in the acquisition of military tactical vehicles; (vi) recommend whether the pilot program should be expanded or made into a program of record; and (vii) recommend any statutory, regulatory, or policy changes required to support the purposes under subsection (b). (i) Termination The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act. (j) Definitions In this section: (1) Accident The term accident means a collision, rollover, or other mishap involving a motor vehicle. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (3) Data recorder The term data recorder means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of the motor vehicle. (4) Driver identification The term driver identification means data enabling the unique identification of the driver operating a motor vehicle. (5) Event data The term event data includes data related to— (A) the start and conclusion of each vehicle operation; (B) a vehicle accident; (C) a vehicle acceleration, velocity, or location with an increased potential for an accident; or (D) a vehicle orientation with an increased potential for an accident. (6) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Army with respect to matters concerning the Army; and (B) the Secretary of the Navy with respect to matters concerning the Navy and Marine Corps. (7) Telemetry data The term telemetry data includes— (A) time; (B) vehicle distance traveled; (C) vehicle acceleration and velocity; (D) vehicle orientation, including roll, pitch, and yaw; and (E) vehicle location in a geographic coordinate system, including elevation. | https://www.govinfo.gov/content/pkg/BILLS-117s2975is/xml/BILLS-117s2975is.xml |
117-s-2976 | II 117th CONGRESS 1st Session S. 2976 IN THE SENATE OF THE UNITED STATES October 7, 2021 Ms. Murkowski (for herself, Mr. Reed , 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 Higher Education Act of 1965 to permit a Federal student loan borrower to elect to terminate repayment pursuant to income-based repayment and repay such loan under any other repayment plan for which the borrower is otherwise eligible.
1. Short title This Act may be cited as the Student Loan Repayment Freedom Act . 2. Switching from income-based repayment plan Section 493C(b)(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1098e(b)(8) ) is amended to read as follows: (8) a borrower who is repaying a loan made under part B or D pursuant to income-based repayment may elect, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under any other repayment plan for which the borrower is otherwise eligible under this title; and . | https://www.govinfo.gov/content/pkg/BILLS-117s2976is/xml/BILLS-117s2976is.xml |
117-s-2977 | II 117th CONGRESS 1st Session S. 2977 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Whitehouse (for himself and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To allow State manufacturing extension partnerships to award grants to small- and medium-sized manufacturers for the purpose of training new workers to replace departing experienced workers.
1. Short title This Act may be cited as the Retain Innovation and Manufacturing Excellence (RIME) Act of 2021 . 2. Definitions In this Act: (1) Center The term Center has the meaning given the term in section 25(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(a) ). (2) Eligible manufacturers The term eligible manufacturer means a manufacturer that— (A) is a small business concern, as that term is defined under section 3 of the Small Business Act ( 15 U.S.C. 632 ); and (B) has an existing relationship with a Center. 3. Pilot program (a) In general The Secretary of Commerce shall establish a pilot program to award National Institute of Standards and Technology Manufacturing Extension Partnership (MEP) grants to help ensure an adequately trained manufacturing workforce. Under the program, eligible Centers may award MEP grants to eligible manufacturers to retain retiring employees for up to 90 days for the purpose of transferring job-specific skills and training to existing or new employees. The length of each grant shall be determined through negotiations between the Center and the eligible manufacturer. (b) Eligibility In order to be eligible to receive funding and award grants under the program, a Center must meet the following criteria: (1) A Center must be able to document evidence of an aging workforce within manufacturing firms that are seeking assistance with retaining skills and knowledge of their operations. (2) A Center shall establish a transparent application process for eligible manufacturing firms that may include one or more of the following preferences: (A) A preference for manufacturers that employ veterans discharged or released under honorable conditions. (B) A preference for manufacturing firms from industry sectors that are most in need of assistance as determined by the local MEP. (C) A preference for manufacturing firms with a facility in the State or region for an extended period of time before the application is submitted (as determined by the Center). (D) A preference for manufacturing firms that have an existing relationship with the local MEP. (3) A Center must be able to demonstrate their ability to assess, advise, and train manufacturers on how to transfer the job-specific skills and training through the implementation of a training structure and train-the-trainer program focused on knowledge capture and transfer. (c) Training In awarding grants pursuant to this section, consideration shall be given to the use of funds by Centers to assist manufacturers that are experiencing high employee turnover due to their inability to transfer required job-specific skills and training to new employees with the implementation of training structures and train-the-trainer programs. (d) Cost sharing To be eligible for a grant under the pilot program under this section, a Center shall demonstrate that 50 percent of the amount of the funds awarded are matched from non-Federal sources. Those sources may include State and local agencies engaged in workforce development, foundations engaged in workforce development, or an in-kind contribution from an employer that would stand to directly benefit from the grant received by the Center. (e) Number and size of awards (1) Number The Secretary may award up to 25 grants to Centers under the pilot program. (2) Size Each award under the program shall be for not less than $50,000 and not more than $500,000. (f) Administrative expenses A Center receiving a grant under the pilot program may use up to 5 percent of the amount of the grant for the administration of expenses incurred by the Center in distributing grants to eligible manufacturers under the pilot program. (g) Authorization of appropriations There is authorized to be appropriated to the National Institute of Standards and Technology $10,000,000 to carry out the pilot program. | https://www.govinfo.gov/content/pkg/BILLS-117s2977is/xml/BILLS-117s2977is.xml |
117-s-2978 | II 117th CONGRESS 1st Session S. 2978 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Cruz (for himself, Mr. Tillis , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to consider certain transactions related to precious metals for purposes of identifying jurisdictions of primary money laundering concern, and for other purposes.
1. Consideration of certain transactions involving precious metals for purposes of identifying jurisdictions of primary money laundering concern Section 5318A(c)(2) of title 31, United States Code, is amended— (1) in subparagraph (A)— (A) by redesignating clauses (iii) through (vii) as clauses (iv) through (viii), respectively; and (B) by inserting after clause (ii) the following: (iii) the extent to which the jurisdiction or financial institutions operating in that jurisdiction facilitate transactions that are related to precious metals and are subject to being blocked pursuant to sanctions imposed by the United States under any statute or Executive order; ; and (2) in subparagraph (B)— (A) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (B) by inserting after clause (i) the following: (iv) the extent to which such financial institutions, transactions, or types of accounts are used to facilitate transactions that are related to precious metals and are subject to being blocked pursuant to sanctions imposed by the United States under any statute or Executive order; . | https://www.govinfo.gov/content/pkg/BILLS-117s2978is/xml/BILLS-117s2978is.xml |
117-s-2979 | II 117th CONGRESS 1st Session S. 2979 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Hickenlooper (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the National Telecommunications and Information Administration Organization Act to establish the Office of Policy Development and Cybersecurity, and for other purposes.
1. Short title This Act may be cited as the NTIA Policy and Cybersecurity Coordination Act . 2. Policy development and cybersecurity (a) Office of Policy Development and Cybersecurity Part A of title I of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ) is amended by adding at the end the following: 106. Office of Policy Development and Cybersecurity (a) Establishment There shall be within the NTIA an office to be known as the Office of Policy Development and Cybersecurity (in this section referred to as the Office ). (b) Associate Administrator The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the Associate Administrator ), who shall report to the Assistant Secretary. (c) Duties (1) In general The Associate Administrator shall oversee and conduct national communications and information policy analysis and development for the internet and communications technologies. (2) Particular duties In carrying out paragraph (1), the Office shall— (A) develop, analyze, and advocate for market-based policies that promote innovation, competition, consumer access, digital inclusion, workforce development, and economic growth in the communications, media, and technology markets; (B) issue studies, as delegated by the Assistant Secretary or required by Congress, on how individuals in the United States access and use the internet, wireline and wireless telephony, mass media, other digital services, and video services; (C) coordinate transparent, consensus-based, multistakeholder processes to create guidance or to support the development and implementation of cybersecurity and privacy policies with respect to the internet and other communications networks; (D) promote increased collaboration between security researchers and providers of communications services and software system developers; (E) perform such duties as the Assistant Secretary considers appropriate relating to the program for preventing future vulnerabilities established under section 8(a) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(a) ); (F) advocate for policies that promote the security and resilience to cybersecurity incidents of communications networks while fostering innovation, including policies that promote secure communications network supply chains; (G) at the direction of the Assistant Secretary, present security of the digital economy and infrastructure and cybersecurity policy efforts before the Commission, Congress, and elsewhere; (H) provide advice and assistance to the Assistant Secretary in carrying out the policy responsibilities of the NTIA with respect to cybersecurity policy matters, including the evaluation of the impact of cybersecurity matters pending before the Commission, other Federal agencies, and Congress; (I) in addition to the duties described in subparagraph (H), perform such other duties regarding the policy responsibilities of the NTIA with respect to cybersecurity policy matters as the Assistant Secretary considers appropriate; (J) develop policies to accelerate innovation and commercialization with respect to advances in technological understanding of communications technologies; (K) identify barriers to trust, security, innovation, and commercialization with respect to communications technologies, including access to capital and other resources, and ways to overcome such barriers; (L) provide public access to relevant data, research, and technical assistance on innovation and commercialization with respect to communications technologies, consistent with the protection of classified information; (M) strengthen collaboration on and coordination of policies relating to innovation and commercialization with respect to communications technologies, including policies focused on the needs of small businesses and rural communities— (i) within the Department of Commerce; (ii) between the Department of Commerce and State government agencies, as appropriate; and (iii) between the Department of Commerce and the Commission or any other Federal agency the Assistant Secretary determines to be necessary; and (N) solicit and consider feedback from small and rural communications service providers, as appropriate. . (b) Transitional rules (1) Redesignation of Associate Administrator; continuation of service (A) Redesignation The position of Associate Administrator for Policy Analysis and Development at the NTIA is redesignated as the position of Associate Administrator for Policy Development and Cybersecurity. (B) Continuation of service The individual serving as Associate Administrator for Policy Analysis and Development at the NTIA on the day before the date of enactment of this Act shall become, as of such date of enactment, the Associate Administrator for Policy Development and Cybersecurity. (2) NTIA defined In this subsection, the term NTIA means the National Telecommunications and Information Administration. | https://www.govinfo.gov/content/pkg/BILLS-117s2979is/xml/BILLS-117s2979is.xml |
117-s-2980 | II 117th CONGRESS 1st Session S. 2980 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the voluntary donation of grazing permits and leases in the State of New Mexico, and for other purposes.
1. Short title This Act may be cited as the Wildlife-Livestock Conflict Resolution Act . 2. Donation of grazing permits and leases (a) In general Beginning in fiscal year 2022, the Secretary of the Interior, with respect to public land, and the Secretary of Agriculture, with respect to National Forest System land (referred to in this section as the Secretary concerned ), shall accept the donation of any valid existing leases or permits authorizing grazing on public land or National Forest System land in the State of New Mexico. (b) Termination With respect to each permit or lease donated under subsection (a), the Secretary concerned shall— (1) terminate the grazing permit or lease; and (2) except as provided in subsection (c), ensure a permanent end to grazing on the land covered by the permit or lease. (c) Common allotments If the land covered by a permit or lease donated under subsection (a) is also covered by another valid grazing permit or lease that is not donated under that subsection, the Secretary concerned shall not allow the total grazing use on the land to exceed the average actual grazing use under the other valid grazing permit or lease for the 5-year period preceding the date of donation. (d) Limitation Not greater than 10 permits or leases may be donated under subsection (a) in each fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s2980is/xml/BILLS-117s2980is.xml |
117-s-2981 | II 117th CONGRESS 1st Session S. 2981 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Rubio (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the National Housing Act to establish a mortgage insurance program for first responders, and for other purposes.
1. Short title This Act may be cited as the Homes for Every Local Protector, Educator, and Responder Act of 2021 or the HELPER Act of 2021 . 2. FHA mortgage insurance program for mortgages for first responders Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ) is amended by adding at the end the following new section: 259. FHA mortgage insurance program for mortgages for first responders (a) Authority Subject to subsection (i), the Secretary may, upon application by a mortgagee, insure any mortgage eligible for insurance under this section and, upon such terms and conditions as the Secretary may prescribe, make commitments for the insurance of such mortgages prior to the date of their execution or disbursement. (b) Eligible mortgagors The mortgagor for a mortgage insured under this section shall, at the time the mortgage is executed, meet the following requirements: (1) First responder The mortgagor shall be— (A) (i) employed full-time by a law enforcement agency of the Federal Government, a State (as such term is defined in section 201), or a unit of general local government; and (ii) in carrying out such full-time employment, sworn to uphold, and make arrests for violations of, Federal, State, county, township, or municipal laws, or authorized by law to supervise sentenced criminal offenders; (B) employed full-time as a firefighter, paramedic, or emergency medical technician by a fire department or emergency medical services responder unit of the Federal Government, a State, or a unit of general local government; or (C) employed as a full-time teacher by a State-accredited public school or private school that provides direct services to students in grades pre-kindergarten through 12. (2) Years of service The mortgagor shall have been— (A) employed as required under paragraph (1) before application for a mortgage insured under this section for 4 or more consecutive years; or (B) released from employment described in paragraph (1)(C) due to an occupation-connected disability resulting directly from such duty or employment. (3) Intent for future service Except in the case of a mortgagor described in paragraph (2)(B), the mortgagor shall have certified that the mortgagor in good faith intends to continue employment as described in paragraph (1) for at least one year following the date of closing on the mortgage. (4) Good standing The mortgagor shall be in good standing with respect to the employment required under paragraph (1) and not on probation or under investigation for conduct that, if determined to have occurred, is grounds for termination of employment. (5) Acceptable risk The mortgagor meets such requirements as the Secretary shall establish to ensure that insurance of the mortgage represents an acceptable risk to the Mutual Mortgage Insurance Fund. (6) Actuarial objectives The mortgagor meets such underwriting requirements as the Secretary shall establish to meet actuarial objectives identified by the Secretary, which may include avoiding a positive subsidy rate or complying with the capital ratio requirement under section 205(f)(2). (7) One-time use The mortgagor shall never previously have been the mortgagor under a mortgage insured under this section. (c) Mortgage terms A mortgage insured under this section shall comply with the following requirements: (1) Use of proceeds The proceeds of the mortgage shall be used only— (A) to purchase, construct, or repair a 1-family residence, including a 1-family dwelling unit in a condominium project; or (B) to purchase— (i) a manufactured home to be permanently affixed to a lot that is owned by the mortgagor; or (ii) a manufactured home and a lot to which the home will be permanently affixed. (2) Security The mortgage shall be secured by an interest in the residence for which the proceeds are used. (3) No downpayment Subject to paragraph (5) of this subsection, the mortgage may involve an original principal obligation in an amount up to 100 percent of the cost of acquisition of the residence involved (including charges and fees referred to in such paragraph (5) and the premium pursuant to subsection (d)(1)) and shall not require that the mortgagor shall pay any amount, in cash or its equivalent, on account of the property. (4) Use as principal residence (A) Requirement The residence securing the mortgage shall be occupied, during the term of the mortgage, by the mortgagor as the mortgagor’s principal residence. (B) Certification The mortgagor shall certify compliance with subparagraph (A) upon the execution of the mortgage and annually during the period specified in such subparagraph. (5) Loan limits The mortgage shall involve an original principal obligation (including such initial service charges, appraisal, inspection, and other fees to the extent allowable in connection with a mortgage insured under section 203) not exceeding the amount allowable with respect to a mortgage insured under section 203(h). (6) Closing costs The Secretary shall provide that the seller of a residence acquired using a mortgage insured under this section may pay all or a part of any closing costs associated with such sale, subject to such limits as the Secretary shall establish. (7) Mortgagee A mortgage insured under this section shall be originated by a mortgagee approved by Secretary under this title. (8) Interest A mortgage insured under this section shall bear interest at rate agreed to by the mortgagor and mortgagee, which may be adjustable. (d) Mortgage insurance premium (1) Up-front premium Subject to paragraph (2), the Secretary shall establish and collect an insurance premium in connection with each mortgage insured under this section, at the time and in the manner provided under section 203(c)(2)(A), except that such premiums shall be in an amount equal to 3.6 percent of the amount of the original insured principal obligation of the mortgage. (2) Authority to adjust The Secretary may adjust the percentages specified in paragraph (1) from time to time by increasing or decreasing such percentages as the Secretary considers necessary, based on the performance of mortgages insured under this section and market conditions. (3) Prohibition of monthly premiums A mortgage insured under this section shall not be subject to a monthly insurance premium, including a premium under section 203(c)(2)(B). (e) Extent of insurance Mortgage insurance under this section shall provide insurance of the mortgage in the same amount as would be guaranteed under section 3703(a)(1) of title 38, United States Code, for a loan guaranteed under chapter 37 of such title having an original principal obligation in the same amount as such mortgage. (f) Procedure upon default In the event of default in the payment of any mortgage insured under this section, such mortgage shall be subject to the same requirements, conditions, and procedures applicable under this title to mortgages insured under section 203 that are in default. (g) MMIF A mortgage insured under this section shall be an obligation of the Mutual Mortgage Insurance Fund established under section 202(a). (h) Reauthorization required The authority to enter into new commitments to insure mortgages under this section shall expire upon the conclusion of the 5-year period beginning on the date of the enactment of this section unless otherwise specifically provided by law. . | https://www.govinfo.gov/content/pkg/BILLS-117s2981is/xml/BILLS-117s2981is.xml |
117-s-2982 | II 117th CONGRESS 1st Session S. 2982 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Schatz (for himself, Mr. Brown , Mr. Blumenthal , Mr. Kaine , Ms. Klobuchar , Mr. Van Hollen , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to award grants to establish or expand programs to implement evidence-aligned practices in health care settings for the purpose of reducing the suicide rates of covered individuals, and for other purposes.
1. Short title This Act may be cited as the Child Suicide Prevention and Lethal Means Safety Act . 2. Grant program to address youth suicide and lethal means (a) In general Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall award grants to eligible entities to establish or expand programs to implement evidence-aligned practices in health care settings for the purpose of reducing the suicide rates of covered individuals. (b) Application An eligible entity seeking 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. (c) Eligible entity In this section, the term eligible entity includes— (1) a State; (2) a State or local health department; (3) a professional membership organization that specializes in health care; (4) a hospital that serves covered individuals; (5) a nonprofit organization; or (6) an institution of higher education. (d) Use of funds An eligible entity that receives a grant under this section shall use the grant funds to establish or expand programs to educate or train health care providers as described in subsection (a), including education and training on— (1) identification of covered individuals who may be at a high risk of suicide or self-harm using validated, developmentally and age-appropriate, and evidence-aligned screening and risk assessment techniques; (2) communication with covered individuals and the family members or guardians of such individuals on lethal means safety and injury prevention, including the safe storage of firearms; (3) covered risk factors and the relationship of such factors to suicide and self-harm; (4) suicide prevention and intervention; (5) support strategies for covered individuals after the occurrence of a suicide or suicide attempt; (6) racial and ethnic disparities with respect to covered individuals who attempt suicide or self-harm, disaggregated by the age and gender of covered individuals; (7) methods and means used by covered individuals to attempt suicide and, with respect to such methods and means, best practices to ensure the safety of a covered individual, including safety plans and plans that address such methods and means; (8) State and Federal laws with respect to the use and possession of firearms; (9) communication strategies to discuss such laws with covered individuals and the family members or guardians of such individuals; and (10) procedures for referring covered individuals who may be at a high risk of suicide or self-harm to other health care providers, social services, or crisis resources. (e) Secure gun storage or safety devices (1) In general An entity receiving a grant under this section may use not more than 15 percent of the funds received through the grant to make secure gun storage or safety devices available at reduced or no cost to residences with at least one covered individual. (2) Application If an applicant for a grant under this section seeks to use the grant as described in paragraph (1), the applicant shall include in its application under subsection (b)— (A) a strategy to make secure gun storage or safety devices available at reduced or no cost to residences with at least one covered individual; and (B) information about the types of devices that will be so made available based on a demonstration of available information about the secure gun storage or safety device needs of the community or communities in which such residences are located. (3) Counseling A recipient of a grant under this section that chooses to use a portion of the grant as described in paragraph (1) shall provide appropriate counseling on the use of secure gun storage or safety devices to one or more individuals at each residence that receives such a device through funds made available through such grant. (f) Technical assistance The Secretary shall provide technical assistance to recipients of grants under this section and health care providers on best practices in implementing programs to educate or train health care providers on evidence-aligned practices for the purpose of reducing the suicide rates of covered individuals. (g) Report (1) By grantees (A) Submission Each eligible entity that receives a grant under this section shall submit, on an annual basis through fiscal year 2025, a report to the Secretary on the activities carried out through the grant. (B) Public availability The Secretary shall make each report submitted under subparagraph (A) publicly available on the website of the Department of Health and Human Services. (2) By Secretary Not later than the end of fiscal year 2025, the Secretary shall submit a report to Congress that includes— (A) a summary of the reports submitted to the Secretary pursuant to paragraph (1); and (B) recommendations with respect to the implementation of evidence-aligned practices in health care settings to reduce the suicide rates of covered individuals. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for the period of fiscal years 2022 through 2025. 3. Grant program to develop and integrate suicide prevention and lethal means safety curricula (a) In general Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall award grants to eligible schools to develop and integrate in the curricula and continuing education programs of such schools the content described in subsection (d). (b) Application An eligible school seeking 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. (c) Partnership In carrying out activities through a grant under this section, an eligible school may develop a partnership with— (1) a local health department; (2) such professional associations as the Secretary determines are appropriate; (3) a nonprofit organization; and (4) an institution of higher education. (d) Curricula content The content to be developed and integrated pursuant to subsection (a) shall address each of the following: (1) Lethal means safety and injury prevention, including— (A) safe storage of a firearm and ammunition; and (B) State and Federal laws that apply to the use and possession of a firearm. (2) Best practices that are evidence-aligned and culturally appropriate with respect to communicating with patients and the families of patients about lethal means safety and injury prevention. (3) Evidence-aligned strategies with respect to suicide prevention, intervention, and support to individuals after the occurrence of a suicide or suicide attempt, with an emphasis on— (A) covered individuals; and (B) individuals at a high risk of suicide. (4) Validated, developmentally and age-appropriate, and evidence-aligned screening and risk assessment techniques with respect to suicide and the use of a firearm. (5) Strategies to identify covered risk factors. (6) Methods or means used by a covered individual to attempt suicide and, with respect to such methods or means, best practices to ensure the safety of a covered individual, including safety plans and plans that address such methods and means. (e) Technical assistance The Secretary shall provide— (1) to eligible schools, technical assistance in applying for a grant under this section; and (2) to eligible schools receiving grants under this section, technical assistance in carrying out the activities funded through the grants. (f) Report (1) By grantees (A) Submission Each eligible school that receives a grant under this section shall submit, on an annual basis through fiscal year 2025, a report to the Secretary on the activities carried out through the grant. (B) Public availability The Secretary shall make each report submitted under subparagraph (A) publicly available on the website of the Department of Health and Human Services. (2) By Secretary Not later than the end of fiscal year 2025, the Secretary shall submit a report to Congress that includes— (A) a summary of the reports submitted to the Secretary pursuant to paragraph (1); and (B) recommendations for curricula on suicide prevention. (g) Eligible school defined In this section, the term eligible school means— (1) an accredited medical school; (2) an accredited school of nursing; (3) an accredited school with a— (A) physician assistant education program; (B) graduate or undergraduate program in mental or behavioral health; or (C) residency or fellowship program in health care; and (4) any other accredited school that specializes in health education, as determined by the Secretary, including for continuing education programs. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2022 through 2025. 4. Informational website (a) Development Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and maintain a website to inform covered individuals, the family members or guardians of such individuals, schools that educate health care providers, and health care providers on best practices with respect to suicide prevention and the use of firearms in suicide attempts by covered individuals. (b) Update The Secretary shall update the information on the website developed under subsection (a) based on the reports submitted pursuant to sections (2)(g) and (3)(f). (c) Consultation In developing the website under subsection (a), the Secretary shall consult with— (1) the individuals and entities referred to in such subsection; (2) nonprofit organizations; (3) such professional associations as the Secretary determines are appropriate; (4) local health departments; (5) hospitals that serve covered individuals; (6) institutions of higher education; (7) the Department of Veterans Affairs; (8) Federal firearms license dealers and instructors; and (9) other individuals or entities, as determined by the Secretary. 5. Definitions In this Act: (1) Covered individual The term covered individual means an individual who has not attained 26 years of age. (2) Covered risk factors The term covered risk factors means factors that increase the risk of suicide or self-harm with respect to a covered individual, including the following: (A) Alcohol abuse or other substance use disorder. (B) Sexual or physical abuse. (C) A diagnosis of a psychiatric condition associated with an increased risk of suicide or self-harm. (D) Being lesbian, gay, bisexual, transgender, or queer. (E) Being from a racial or ethnic group with a high rate of suicide or self-harm. (F) Previous attempts of suicide or self-harm. (G) Other factors supported by scientific evidence to be linked to an increased risk of suicide or self-harm, including family factors and bullying. (3) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Secretary The term Secretary means the Secretary of Health and Human Services. (5) Secure gun storage or safety device The term secure storage or safety device has the meaning given to such term in subparagraphs (A) and (B) of section 921(a)(34) of title 18, United States Code. (6) State The term State means— (A) each of the 50 States; (B) the District of Columbia and any territory or possession of the United States; (C) Indian tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (D) Urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); and (E) Native Hawaiian organizations and Native Hawaiian health care systems (as such terms are defined in section 12 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11711 )). | https://www.govinfo.gov/content/pkg/BILLS-117s2982is/xml/BILLS-117s2982is.xml |
117-s-2983 | II 117th CONGRESS 1st Session S. 2983 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for an accelerated approval pathway for certain drugs that are authorized to be lawfully marketed in other countries.
1. Short title This Act may be cited as the Accelerated Drug Approval for Prescription Therapies for Coronavirus Act or the ADAPT for COVID Act . 2. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 506 the following: 506–1. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries (a) In general The Secretary may approve an application for approval for a drug under subsection (c) or (j) of section 505 that is currently authorized to be marketed in one or more of the countries included in the list under section 802(b)(1), upon a determination by the Secretary that the sponsor has submitted evidence sufficient to demonstrate all of the criteria under subsection (b)(1). (b) Criteria (1) In general The Secretary may approve a drug under subsection (a) only if the Secretary determines that there is evidence that— (A) at the time of application, the drug is authorized to be marketed in a country included in the list under section 802(b)(1); (B) the drug is safe and clinically effective; (C) the manufacturer is capable of manufacturing the drug safely and consistently, and can assure the safety of the supply chain outside the United States; (D) all relevant United States patents or legal exclusivities are expired; (E) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; (F) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and (G) the drug is intended for the treatment or prevention of coronavirus or another disease of epidemic potential. (2) Limitation Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: (A) The sponsor shall conduct appropriate postapproval studies to verify and describe the predicted effect on irreversible morbidity or mortality or other clinical benefit of the drug. (B) The sponsor shall submit copies of all promotional materials related to the product during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to dissemination of the materials. (c) Timeline The Secretary shall make a determination on an application described in subsection (a) not later than 180 days after the date of submission of such application. (d) Definition In this section, the term coronavirus means SARS–CoV–2, COVID–19, or another coronavirus. . | https://www.govinfo.gov/content/pkg/BILLS-117s2983is/xml/BILLS-117s2983is.xml |
117-s-2984 | II 117th CONGRESS 1st Session S. 2984 IN THE SENATE OF THE UNITED STATES October 7, 2021 Ms. Murkowski (for herself, Mr. Reed , Mr. Braun , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish that a State-based education loan program is excluded from certain requirements relating to a preferred lender arrangement.
1. Short title This Act may be cited as the State-Based Education Loan Awareness Act . 2. State-based education loan programs Section 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 ) is amended— (1) in paragraph (8)(B)— (A) in clause (i), by striking or after the semicolon; (B) in clause (ii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (iii) arrangements or agreements with respect to education loans made under a State-based education loan program; or (iv) arrangements or agreements with respect to education loans funded, insured, or guaranteed by any other Federal agency that is not the Department of Education. ; and (2) by adding at the end the following: (10) State-based education loan program The term State-based education loan program means an education loan program that— (A) is provided by a State agency, State authority, or nonprofit organization, separately or jointly; (B) makes loans that are not funded, insured, or guaranteed by the Federal Government; (C) is authorized, established, or chartered by State law, or otherwise approved by the State; (D) offers one or more loans for which the interest rate and fees, as calculated in accordance with sections 106 and 107 of the Truth in Lending Act ( 15 U.S.C. 1605 ; 1606), are at least as favorable as the interest rate and fees of the Direct PLUS loans authorized under part D of title IV at the time such loan is originated; and (E) is available only to a borrower who has been advised by an institution of higher education (as defined under section 102)— (i) that the borrower has the opportunity to exhaust eligibility for Federal education loans made under part D of title IV prior to accepting a private education loan; and (ii) of the interest rates, fees, and benefits of such Federal education loans, including income-driven repayment options, opportunities for loan forgiveness, forbearance or deferment options, interest subsidies, and tax benefits. . | https://www.govinfo.gov/content/pkg/BILLS-117s2984is/xml/BILLS-117s2984is.xml |
117-s-2985 | II 117th CONGRESS 1st Session S. 2985 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Luján (for himself, Ms. Klobuchar , Ms. Smith , Ms. Warren , Ms. Cortez Masto , Ms. Baldwin , Mr. Padilla , Mr. Tester , Mr. Heinrich , Ms. Rosen , Mr. Wyden , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Self-Determination Act and the Indian Health Care Improvement Act to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
1. Short title This Act may be cited as the Indian Programs Advance Appropriations Act of 2021 . 2. Authorization for advance appropriations (a) Bureau of Indian Affairs and Bureau of Indian Education The Indian Self-Determination Act ( 25 U.S.C. 5321 et seq. ) is amended by adding at the end the following: 112. Authorization for advance appropriations for certain accounts (a) Definitions In this section: (1) Covered account The term covered account means the following: (A) Each of the following annual appropriations accounts of the Bureau of Indian Affairs: (i) Operation of Indian Programs. (ii) Contract Support Costs. (iii) Indian Guaranteed Loan Program. (iv) Construction. (v) Payments for Tribal Leases. (B) Each of the following annual appropriations accounts of the Bureau of Indian Education: (i) Operation of Indian Education Programs. (ii) Education Construction. (2) Department The term Department means the Department of the Interior. (3) Secretary The term Secretary means the Secretary of the Interior. (b) Advance appropriations For each fiscal year, beginning with fiscal year 2022, new budget authority provided in an appropriations Act for the covered accounts shall— (1) be made available for that fiscal year; and (2) include, for each covered account, advance new budget authority that first becomes available for the first fiscal year after the budget year. (c) Estimates required The Secretary shall include in documents submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted. (d) Annual report (1) In general Not later than July 31 of each fiscal year, the Secretary, in consultation with Indian Tribes, shall submit to Congress a report on the sufficiency of the resources of the Department for the fiscal year beginning after the date of the submittal of the report. (2) Inclusion Each report submitted under paragraph (1) shall include estimates of the workload and demand data for the fiscal year covered by the report. . (b) Indian Health Service Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) is amended by adding at the end the following: 833. Authorization for advance appropriations for certain accounts (a) Definition of covered account In this section, the term covered account means each of the following annual appropriations accounts of the Indian Health Service: (1) Indian Health Services. (2) Contract Support Costs. (3) Payments for Tribal Leases. (4) Indian Health Facilities. (b) Advance appropriations For each fiscal year, beginning with fiscal year 2022, new budget authority provided in an appropriations Act for the covered accounts shall— (1) be made available for that fiscal year; and (2) include, for each covered account, advance new budget authority that first becomes available for the first fiscal year after the budget year. (c) Estimates required The Secretary shall include in documents submitted to Congress in support of the President's budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted. (d) Annual report (1) In general Not later than July 31 of each fiscal year, the Secretary, in consultation with Indian tribes, shall submit to Congress a report on the sufficiency of the resources of the Department for the fiscal year beginning after the date of the submittal of the report. (2) Inclusion Each report submitted under paragraph (1) shall include estimates of the workload and demand data for the fiscal year covered by the report. . 3. Information on appropriations estimates (a) Submission of budget request Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (40) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the covered accounts described in— (A) section 112(a)(1) of the Indian Self-Determination Act; and (B) section 833(a) of the Indian Health Care Improvement Act. . (b) Bureau of Indian Affairs Section 106 of the Indian Self-Determination Act ( 25 U.S.C. 5325 ) is amended by striking subsection (i) and inserting the following: (i) Annual budget submission (1) Budget request The annual budget request for the programs of the Bureau of Indian Affairs, as submitted as part of the President's annual budget request under section 1105 of title 31, United States Code, shall include, in the amount requested and the budget justification, information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the covered accounts described in section 112(a)(1)(A). (2) Consultation In developing the budget request under paragraph (1), the Secretary of the Interior shall consult with, and solicit the participation of, Indian Tribes and Tribal organizations. . (c) Bureau of Indian Education (1) Administrative cost grant budget requests Section 1128(l)(1) of the Education Amendments of 1978 ( 25 U.S.C. 2008(l)(1) ) is amended by striking the period at the end and inserting for the fiscal year for which the budget is submitted and for the fiscal year following that fiscal year. . (2) Division of Budget Analysis Section 1129(c) of the Education Amendments of 1978 ( 25 U.S.C. 2009(c) ) is amended, in the matter preceding paragraph (1), by striking contains and inserting contains, for the fiscal year for which the budget is submitted and for the fiscal year following that fiscal year . (3) Annual budget request Section 1135(b) of the Education Amendments of 1978 ( 25 U.S.C. 2015(b) ) is amended— (A) by striking the period at the end and inserting ; and ; (B) by striking shall include the plans and inserting the following: shall include— (1) the plans ; and (C) by adding at the end the following: (2) in the amount requested and the budget justification, information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the covered accounts described in section 112(a)(1)(B) of the Indian Self-Determination Act. . (d) Indian Health Service Section 826 of the Indian Health Care Improvement Act ( 25 U.S.C. 1680p ) is amended— (1) in the matter preceding paragraph (1), by striking justification, amounts that reflect any changes in— and inserting justification— ; and (2) by striking paragraphs (1) and (2) and inserting the following: (1) amounts that reflect any changes in— (A) the cost of health services, as indexed for United States dollar inflation (as measured by the Consumer Price Index); and (B) the size of the population served by the Service; and (2) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the covered accounts described in section 833(a). . | https://www.govinfo.gov/content/pkg/BILLS-117s2985is/xml/BILLS-117s2985is.xml |
117-s-2986 | II 117th CONGRESS 1st Session S. 2986 IN THE SENATE OF THE UNITED STATES October 7, 2021 Mr. Cardin (for himself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require a review of sanctions with respect to Russian kleptocrats and human rights abusers.
1. Review of sanctions with respect to Russian kleptocrats and human rights abusers (a) Determination with respect to imposition of sanctions Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a determination, including a detailed justification, of whether any person listed in subsection (b) meets the criteria for the imposition of sanctions pursuant to section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 ; 22 U.S.C. 2656 ). (b) Persons listed The persons listed in this subsection, which include Russian persons and current and former officials of the Government of the Russian Federation, are the following: (1) Roman Abramovich, businessman. (2) Denis Bortnikov, Deputy President and Chairman of the Management Board of VTB Bank. (3) Andrey Kostin, President and Chairman of the Management Board of VTB Bank. (4) Dmitry Patrushev, Minister of Agriculture. (5) Igor Shuvalov, Chairman of the State Development Corporation VEB. (6) Alisher Usmanov, businessman. (7) Oleg Deripaska, businessman. (8) Alexei Miller, Chairman of the Management Committee of Gazprom. (9) Igor Sechin, Chairman of the Management Board of Rosneft. (10) Gennady Timchenko, businessman. (11) Nikolai Tokarev, Chairman of Transneft. (12) Andrey Vorobyev, Governor of the Moscow Region XIII. (13) Mikhail Murashko, Minister of Health. (14) Vladimir Solovyev, media personality. (15) Alexander Bastrykin, Head of the Investigative Committee. (16) Alexander Bortnikov, Director of the Federal Security Service (FSB). (17) Konstantin Ernst, Chief Executive Officer of Channel One TV station. (18) Victor Gavrilov, Head of the Department of Transport of the Economic Security Service. (19) Dmitry Ivanov, Head of Chelyabinsk FSB. (20) Alexander Kalashnikov, Director of the Federal Penitentiary Service (FSIN). (21) Sergei Kirienko, First Deputy Head of the Presidential Administration. (22) Elena Morozova, Judge of Khimki District Court. (23) Denis Popov, Chief Prosecutor of Moscow. (24) Margarita Simonyan, Editor-in-Chief of RT. (25) Igor Yanchuk, Head of the Khimki Police Department. (26) Victor Zolotov, Director of the National Guard. (27) Alexander Beglov, Governor of St. Petersburg. (28) Yuri Chaika, former Prosecutor General. (29) Andrei Kartapolov, Deputy Defense Minister. (30) Pavel Krasheninnikov, Parliamentarian and former Justice Minister. (31) Mikhail Mishustin, Prime Minister of the Russian Federation. (32) Ella Pamfilova, Head of Central Electoral Commission. (33) Dmitry Peskov, Presidential Press Secretary. (34) Sergei Sobyanin, Mayor of Moscow. (35) Anton Vaino, Head of the Presidential Administration. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2986is/xml/BILLS-117s2986is.xml |
117-s-2987 | II 117th CONGRESS 1st Session S. 2987 IN THE SENATE OF THE UNITED STATES October 18, 2021 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to deny Federal retirement benefits to individuals convicted of child sex abuse.
1. Short title This Act may be cited as the Denying Pensions to Convicted Child Molesters Act of 2021 . 2. Denial of retirement benefits (a) In general Subchapter II of chapter 83 of title 5, United States Code, is amended by inserting after section 8312 the following: 8312a. Convicted child molesters (a) Prohibition (1) In general An individual, or a survivor or beneficiary of an individual, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title and subsections (d) and (e) of this section, if the individual is convicted of an offense— (A) within the purview of section 2241(c), section 2243(a), or paragraph (3) or (5) of section 2244(a) of title 18; and (B) for which the conduct constituting the offense is committed on or after the date of enactment of this section, which shall include any offense that includes conduct that continued on or after such date of enactment. (2) Notice If an individual entitled to an annuity or retired pay is convicted of an offense described in paragraph (1), the Attorney General shall notify the head of the agency administering the annuity or retired pay of the individual. (b) Foreign offenses (1) In general For purposes of subsection (a), a conviction of an offense within the meaning of such subsection may be established if the Attorney General certifies to the agency administering the annuity or retired pay concerned— (A) that an individual has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct would constitute an offense described in subsection (a)(1), had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal; (B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and (C) that such conduct occurred after the date of enactment of this section, which shall include any offense that includes conduct that continued on or after such date of enactment. (2) Review Any certification made pursuant to this subsection shall be subject to review by the United States Court of Federal Claims based upon the application of the individual concerned, or his or her attorney, alleging that a condition set forth in subparagraph (A), (B), or (C) of paragraph (1), as certified by the Attorney General, has not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the individual concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned. (c) Absence from the United States To avoid prosecution (1) In general An individual, or a survivor or beneficiary of an individual, may not be paid annuity or retired pay on the basis of the service of the individual in any position as an officer or employee of the Federal Government which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual— (A) is under indictment for an offense described in subsection (a); and (B) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment. (2) Period The prohibition on payment of annuity or retired pay under paragraph (1) applies during the period— (A) beginning on the day after the end of the 1-year period described in paragraph (1); and (B) ending on the date on which— (i) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; (ii) the individual returns and thereafter the indictment or charges is or are dismissed; or (iii) after trial by court or court-martial, the accused is found not guilty of the offense or offenses. (d) Pardons (1) Restoration of annuity or retired pay If an individual who forfeits an annuity or retired pay under this section is pardoned by the President, the right of the individual and a survivor or beneficiary of the individual to receive annuity or retired pay previously denied under this section is restored as of the date of the pardon. (2) Limitation Payment of annuity or retired pay which is restored under paragraph (1) based on pardon by the President may not be made for a period before the date of pardon. (e) Payments to victims (1) In general Notwithstanding section 8346(a), section 8470(a), or any other provision of law exempting an annuity or retired pay from execution, levy, attachment, garnishment, or other legal process, if the annuity or retired pay of an individual is subject to forfeiture under this section, the head of the agency administering the annuity or retired pay shall pay, from amounts that would have been used to pay the annuity or retired pay, amounts to a victim of an offense described in subsection (a) committed by the individual if and to the extent payment of such amounts is expressly provided for in— (A) any court order of restitution to or similar compensation of the victim; or (B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such individual relating to the offense or the course of conduct constituting the offense. (2) Maximum amount The total amount paid to a victim under paragraph (1) shall not exceed the amount that is subject to forfeiture under this section. (3) Limit on refunds Contributions and deposits by an individual whose annuity or retired pay is subject to forfeiture under this section shall not be refunded under section 8316 to the extent the amount of such contributions or deposits are paid to a victim under paragraph (1). . (b) Nonaccrual of interest on refunds Section 8316 of title 5, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting under section 8312a or before because an individual ; and (2) in subsection (b)— (A) in paragraph (1), by striking or at the end; (B) in paragraph (2), by striking the period at the end and inserting or ; and (C) by adding at the end the following: (3) if the individual is convicted of an offense described in section 8312a(a), for the period after the conviction. . (c) Conforming amendment The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8312 the following: 8312a. Convicted child molesters. . | https://www.govinfo.gov/content/pkg/BILLS-117s2987is/xml/BILLS-117s2987is.xml |
117-s-2988 | II 117th CONGRESS 1st Session S. 2988 IN THE SENATE OF THE UNITED STATES October 18, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require any COVID–19 vaccine mandate issued by Congress or an Executive agency to include informed parental consent for the administration of a COVID–19 vaccine to a minor, and for other purposes.
1. Short title This Act may be cited as the Parental Consent for Vaccination Act . 2. Informed parental consent for COVID–19 vaccination (a) Definition In this section, the term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (b) Requirement Any COVID–19 vaccine mandate issued by an Act of Congress or by an Executive agency shall require the written and informed consent of a legal guardian for the administration of a COVID–19 vaccine to an individual under the age of 18 years old. (c) Rule of construction Nothing in this section shall be construed to allow for or otherwise authorize a COVID–19 vaccine mandate issued by an Act of Congress or by an Executive agency. | https://www.govinfo.gov/content/pkg/BILLS-117s2988is/xml/BILLS-117s2988is.xml |
117-s-2989 | II 117th CONGRESS 1st Session S. 2989 IN THE SENATE OF THE UNITED STATES October 18, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to enhance the Blue Campaign of the Department of Homeland Security, and for other purposes.
1. Short title This Act may be cited as the DHS Blue Campaign Enhancement Act . 2. Department of Homeland Security Blue Campaign enhancement Section 434 of the Homeland Security Act of 2002 ( 6 U.S.C. 242 ) is amended— (1) in subsection (e)(6), by striking utilizing resources, and inserting developing and utilizing, in consultation with the Advisory Board established pursuant to subsection (g), resources ; and (2) by adding at the end the following new subsections: (f) Web-Based training programs To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities that shall, during the 10-year period beginning on the date that is 90 days after the date of enactment of the DHS Blue Campaign Enhancement Act , be made available to the following individuals: (1) Federal, State, local, Tribal, and territorial law enforcement officers. (2) Non-Federal correction system personnel. (3) Such other individuals as the Director determines appropriate. (g) Blue campaign advisory board (1) In general The Secretary shall establish within the Department a Blue Campaign Advisory Board and shall assign to such Board a representative from each of the following components: (A) The Transportation Security Administration. (B) U.S. Customs and Border Protection. (C) U.S. Immigration and Customs Enforcement. (D) The Federal Law Enforcement Training Center. (E) The United States Secret Service. (F) The Office for Civil Rights and Civil Liberties. (G) The Privacy Office. (H) Any other components or offices the Secretary determines appropriate. (2) Charter The Secretary is authorized to issue a charter for the Board, and such charter shall specify the following: (A) The Board’s mission, goals, and scope of its activities. (B) The duties of the Board’s representatives. (C) The frequency of the Board’s meetings. (3) Consultation The Director shall consult the Board established pursuant to paragraph (1) regarding the following: (A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign. (B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking. (C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons. (4) Applicability The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to— (A) the Board; or (B) consultations under paragraph (2). (h) Consultation With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts. Such consultation shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). . | https://www.govinfo.gov/content/pkg/BILLS-117s2989is/xml/BILLS-117s2989is.xml |
117-s-2990 | II 117th CONGRESS 1st Session S. 2990 IN THE SENATE OF THE UNITED STATES October 18, 2021 Mr. Scott of Florida (for himself, Mr. Braun , Mr. Tuberville , Mr. Rubio , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to foreign persons that engage in certain transactions relating to Cuba and to impose sanctions with respect to human rights abuse and corruption in Cuba, and for other purposes.
1. Short title This Act may be cited as the Denying Earnings to the Military Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence Apparatus Act or the DEMOCRACIA Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The Cuban Communist takeover of 1959 established in Cuba a one-party authoritarian state of the Cuban Communist Party. (2) Cuba is a totalitarian state, in which the Cuban Communist Party has brutally oppressed the people of Cuba for more than 60 years. (3) Cuban democracy activists, including Las Damas de Blanco (also known as Ladies in White ), a group composed of wives and relatives of political prisoners, prisoners of conscience, and peaceful activists in Cuba, are routinely repressed, censured, beaten, and unjustly imprisoned by the Cuban Communist Party. (4) On July 11, 2021, protesters marched in the streets throughout Cuba voicing their opposition against the communist regime of Cuba. (5) During those protests, Cubans in more than 40 cities held demonstrations chanting Freedom! , Down with the Dictatorship! , and Patria y Vida ( Homeland and Life ). (6) Through those protests, the people of Cuba demanded the end to communism in Cuba and access to food, medicine, water, and electricity, basic needs that the communist system in Cuba cannot provide. (7) Cubans gathered outside of the headquarters of the Cuban Communist Party chanting, Cuba isn’t yours! . In a clear message, Cubans exercised their fundamental God-given rights to peaceably assemble, express their political opinions, and live free of censorship and oppression and demanded the ruling elites, especially the Cuban Communist Party, release its control of their government and give the power back to the people. (8) During the July 11, 2021, protests, the Cuban Communist Party deployed a wave of terror throughout Cuba by— (A) unleashing its secret police and some military forces on peaceful protesters and unlawfully detained them, including by— (i) harassing and threatening people in their homes; (ii) abducting and torturing civil society leaders and other Cubans peacefully exercising their fundamental rights; and (iii) detaining more than 800 Cubans for peacefully protesting, who have gone missing since the protests and demonstrations began, including leaders from Cuban civil society groups such as UNPACU, the San Isidro Movement, the Ladies in White, and religious leaders; and (B) in a crude and savage effort to silence the Cuban people, cutting internet connectivity and mobile services throughout Cuba, which prevented the Cuban people from organizing and hid from the outside world images and videos of the oppressive and brutal crackdown by the Government of Cuba. (9) In response to these demonstrations and protests, the regime blocked access to social media, messaging platforms and cellular services, and arrested and detained hundreds of protesters, activists, and journalists, according to Cuban human rights groups. (10) The Human Rights Report on Cuba for 2020 set forth by the Department of State found that Cuba is an authoritarian state. (11) A new constitution ratified in February 2019 codified that Cuba remains a one-party system in which the Cuban Communist Party is the only legal political party. Elections in Cuba were neither free, fair, nor competitive. (12) The Ministry of Interior of Cuba (MININT) controls police, internal security forces, and the prison system. The National Revolutionary Police are the primary law enforcement organization of the Ministry. Specialized units of the state security branch of the Ministry are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership of Cuba, including members of the military, maintain effective control over the security forces. Members of the security forces have committed numerous abuses. (13) Significant human rights issues in Cuba include the following: (A) Unlawful or arbitrary killings by the Government of Cuba, including extrajudicial killings. (B) Forced disappearances by the Government of Cuba. (C) Torture and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners by security forces. (D) Harsh and life-threatening prison conditions. (E) Arbitrary arrests and detentions. (F) The detaining of political prisoners. (G) Significant problems with the independence of the judiciary. (H) Arbitrary or unlawful interference with privacy. (I) Functional lack of freedom of the press, as criminal libel laws are used against persons who criticize leadership of the Government of Cuba and that Government has engaged in censorship and internet site blocking. (J) Severe limitations on academic and cultural freedom. (K) Severe restrictions on the right of peaceful assembly and denial of freedom of association, including refusal to recognize independent associations. (L) Severe restrictions on religious freedom. (M) Restrictions on internal and external freedom of movement. (N) Inability of citizens to change their government through free and fair elections. (O) Restrictions on political participation to members of the ruling party. (P) Corruption by officials of the Government of Cuba. (Q) Trafficking in persons, including compulsory labor. (R) Outlawing of independent trade unions. (14) Officials of the Government of Cuba, at the direction of their superiors, have committed most human rights abuses. As a matter of policy, officials failed to investigate or prosecute the individuals who committed those abuses. Impunity for the perpetrators has remained widespread. (15) The United States Commission on International Religious Freedom recommended in its 2021 Annual Report that the United States Government again place Cuba on the special watch list under section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1)(A)(iii) ) and recommended imposing sanctions on the Office of Religious Affairs of Cuba. (16) In the report specified in paragraph (15), the United States Commission on International Religious Freedom raised concerns regarding the denial in Cuba of religious freedom for human rights activists, independent journalists, and protesters, particularly in the wake of demonstrations that started on November 13, 2020, calling for greater freedom of expression in Cuba. (17) Cuba was ground zero for a series of yet unexplained attacks in 2016 on members of the diplomatic community of the United States in Havana, Cuba. (18) Cuba continues to provide safe harbor for adversaries of the United States, including multiple fugitives from justice in the United States, including William Morales, Charles Hill, Victor Manuel Gerena, and Joanne Chesimard, who executed New Jersey State Trooper Werner Foerster during a routine traffic stop in May 1973. (19) The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ) prohibits the President from imposing unilateral agricultural or medical sanctions against Cuba. (20) The defense, security, and intelligence sectors of Cuba are the primary perpetrators of beatings, arrests, detainments, and unjust imprisonments of the Cuban people. (21) The Cuban Communist Party has a long history of racism. (22) No high level positions within the Cuban Communist Party are occupied by Afro-Cubans. (23) Many Cubans who suffered the worst treatment at the hands of the security forces of the Cuban Communist Party are Afro-Cuban, such as Dr. Óscar Elías Biscet, Jorge Luis Garcia Pérez, Berta Soler of Las Damas de Blanco, Guillermo Fariñas Hernández, Orlando Zapata Tamayo, Luis Manuel Otero Alcántara, and Iván Hernández Carrillo. (24) On January 12, 2021, the Department of State determined that Cuba has repeatedly provided support for acts of international terrorism and was designated a state sponsor of terrorism. (25) On May 14, 2021, Secretary of State Antony Blinken determined and certified to Congress that Cuba is not cooperating fully with United States antiterrorism efforts. (26) The Cuban Communist Party continues to support international terrorist groups such as the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN). (27) Commercial engagement with the defense, security, and intelligence sectors of Cuba empowers the human rights abuses, racism against Afro-Cubans, and support for international terrorism by the Cuban Communist Party. (b) Sense of Congress It is the sense of Congress that Congress— (1) reaffirms subsection (a) of section 1704 of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6003 ), which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a manner consistent with the purposes of that Act; and (2) urges the President to take immediate steps to apply the sanctions described in subsection (b)(1) of that section with respect to countries assisting Cuba. 3. Statement of policy It shall be the policy of the United States— (1) to support the desire of the people of Cuba for freedom and democracy; and (2) to work with allies and the international community to seek to restrict and reduce the financial resources of the Cuban dictatorship, which supports terrorism and perpetrates injustice and human rights abuses against the Cuban people, that being the Cuban military, security, and intelligence sectors. 4. Imposition of sanctions with respect to foreign persons that engage in certain transactions relating to Cuba (a) Imposition of sanctions (1) In general The President shall impose the sanctions described in subsection (b) with respect to a foreign person if the President determines that the foreign person, on or after the date of the enactment of this Act, knowingly engages in an activity described in paragraph (2). (2) Activities described Except as provided in paragraph (3), a foreign person engages in an activity described in this paragraph if the foreign person provides financial, material, or technological support to, or engages in a transaction with— (A) a covered sector of the Government of Cuba, or any entity or individual affiliated with such sector (including an immediate adult family member of such individual); (B) an agency, instrumentality, or other entity owned by an entity that is part of or associated with a covered sector, entity, or individual described in subparagraph (A) in a percentage share exceeding 25 percent; (C) an individual who is a senior official of a covered sector or entity described in subparagraph (A) (including an immediate adult family member of such individual); (D) an agency, instrumentality, or other entity operated or controlled by a covered sector, entity, or individual described in subparagraph (A); (E) an entity or individual— (i) for the purpose of avoiding a financial transaction with, or the transfer of funds to, an entity or individual specified in any of subparagraphs (A) through (D); or (ii) for the benefit of an entity or individual specified in any of subparagraphs (A) through (D); (F) a foreign person that is a military contractor, mercenary, or a paramilitary force knowingly operating in a military, security, or intelligence capacity for or on behalf of the Government of Cuba; or (G) a foreign person subject to sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) or the Trading with the Enemy Act ( 50 U.S.C. 4301 et seq. ) with respect to Cuba or any other provision of law that imposes sanctions or other economic restrictions or limitations with respect to Cuba. (3) Exceptions The following activities engaged in by a foreign person shall not be considered to be activities described in paragraph (2) for purposes of imposing sanctions described in subsection (b) with respect to the person: (A) The sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ). (B) A remittance to an immediate family member, other than— (i) an individual who is a high-level member of the Cuban Communist Party; or (ii) an individual who is an immediate family member of an individual described in clause (i). (C) A payment in furtherance of the lease agreement for, or other financial transactions necessary for maintenance and improvements of, the military base at Guantanamo Bay, Cuba, including any adjacent areas under the control or possession of the United States. (D) Assistance or support in furtherance of democracy-building efforts for Cuba described in section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6039 ). (E) Customary and routine financial transactions necessary for the maintenance, improvements, or regular duties of the United States Embassy in Havana, Cuba, including outreach to the pro-democracy opposition. (F) Accessing the internet or providing cellular services if the internet and cellular services have been restored, are without interference from the Cuban regime, and do not include any technology, services, or communications backed by the Communist Party of the People's Republic of China. (4) Sense of Congress It is the sense of Congress that the President should, in making a determination of whether a foreign person engages in an activity described in paragraph (2), consider the provision of loans, credits, or export credits by the person to be a form of significant financial, material, or technological support as described in such paragraph. (5) Covered sector defined In this subsection, the term covered sector means— (A) the defense sector; (B) the security sector; (C) the intelligence sector; or (D) any other sector of the Government of Cuba beginning 15 days after the date on which the President certifies to Congress that such sector is involved in carrying out human rights abuses or providing support for international terrorism. (b) Sanctions described (1) In general The sanctions to be imposed with respect to a foreign person subject to subsection (a) are the following: (A) Blocking of property The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and the Trading with the Enemy Act ( 50 U.S.C. 4301 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Aliens ineligible for visas, admission, or parole (i) Visas, admission, or parole An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is— (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (II) Effect of revocation A revocation under subclause (I)— (aa) shall take effect immediately; and (bb) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section. (3) Exception to comply with international obligations Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Implementation The President shall exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except that the President— (1) shall not issue any general license authorizing, or otherwise authorize, any activity subject to sanctions under subsection (a); and (2) shall require any United States person seeking to engage in a financial transaction or transfer of funds subject to sanctions under subsection (a) to submit a written request to the Office of Foreign Assets Control of the Department of the Treasury. (d) Waiver The President may waive the application of sanctions described in subsection (b) with respect to a foreign person for a period of 180 days (and such waiver may not be renewed) if the President determines and certifies to Congress that such waiver is in the vital national security interest of the United States. (e) Definitions In this section: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Entity The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (3) Foreign person The term foreign person means a person that is not a United States person. (4) Person The term person means an individual or entity. (5) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity); and (C) any person in the United States. 5. Imposition of sanctions with respect to human rights abuse and corruption in Cuba (a) In general The President shall impose the sanctions described in subsection (b) with respect to the following persons: (1) Any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General— (A) to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse in Cuba; (B) to be a current or former official of the Government of Cuba, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in— (i) corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or (ii) the transfer or the facilitation of the transfer of the proceeds of corruption; (C) to be or have been a leader or official of— (i) an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) relating to the tenure of the leader or official; or (ii) an entity whose property and interests in property are blocked under subsection (b)(1) as a result of activities related to the tenure of the leader or official; (D) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— (i) any activity described in subparagraph (A) or (B) that is conducted by a foreign person; (ii) any person whose property and interests in property are blocked under subsection (b)(1); or (iii) any entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph (A) or (B) of paragraph (1), if the activity is conducted by a foreign person; (E) to have received any contribution or provision of funds, goods, or services from any person whose property and interests in property are blocked under subsection (b)(1); (F) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (b)(1); (G) to be under the control of, or to act for or on behalf of, the military, intelligence, or security services or personnel of Cuba; (H) to be an official of the Government of Cuba who works with the Ministry of Justice or the Office of the Attorney General and who violates due process rights of an individual in Cuba; or (I) to have attempted to engage in any of the activities described in subparagraph (A) or (B). (2) Members of the Communist Party of Cuba, including— (A) members of the Politburo; (B) members, department heads, and employees of the Central Committee; (C) secretaries and first secretaries of the provincial party central committees; and (D) members of the Office of Religious Affairs. (3) Members of the Council of State. (4) Members of the Council of Ministers. (5) Members of the Committees for the Defense of the Revolution. (6) The Revolutionary Armed Forces of Cuba. (7) The Ministry of the Interior of Cuba, including the National Revolutionary Police Force. (8) The Office of the President of Cuba. (9) The spouse and children of any individual subject to sanctions under this section. (b) Sanctions described (1) In general The sanctions to be imposed with respect to a foreign person subject to subsection (a) are the following: (A) Blocking of property The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Aliens ineligible for visas, admission, or parole (i) Visas, admission, or parole An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is— (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (II) Effect of revocation A revocation under subclause (I)— (aa) shall take effect immediately; and (bb) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section. (3) Exception to comply with international obligations Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Implementation The President shall exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except that the President— (1) shall not issue any general license authorizing, or otherwise authorize, any activity subject to sanctions under subsection (a); and (2) shall require any United States person seeking to engage in a financial transaction or transfer of funds subject to sanctions under subsection (a) to submit a written request to the Office of Foreign Assets Control of the Department of the Treasury. (d) Humanitarian exception The President may not impose sanctions under this section with respect to any person for— (1) donating food or agricultural commodities to— (A) an independent, nongovernmental organization not controlled by the Government of Cuba; or (B) individuals in Cuba who are not high-level members of the Communist Party of Cuba or the immediate family member of any such individual; or (2) exporting medicines or medical supplies, instruments, or equipment that would be permitted under section 1705(c) of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6004(c) ). (e) Waiver The President may waive the application of sanctions under this section with respect to a person if the President determines that such a waiver is in the national security interests of the United States. (f) No prior notice The President, the Secretary of the Treasury, the Secretary of State, and the Attorney General, and any other official of the United States Government are not required to provide any prior notice of a determination made under subsection (a) or of any other determination to impose sanctions under this section. (g) Definitions In this section: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Entity The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (3) Foreign person The term foreign person means a person that is not a United States person. (4) Person The term person means an individual or entity. (5) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity); and (C) any person in the United States. 6. Termination of sanctions (a) In general The authority to impose sanctions under sections 4 and 5 shall terminate if— (1) the President submits to Congress a determination and certification that the Government of Cuba— (A) has legalized all political activity; (B) has released all political prisoners and allowed for investigations of Cuban prisons by appropriate international human rights organizations; (C) has dissolved the Department of State Security in the Cuban Ministry of the Interior in place as of the date of the enactment of this Act, including the Committees for the Defense of the Revolution and the Rapid Response Brigades; (D) has made public commitments to organizing free and fair elections for a new government— (i) to be held in a timely manner within a period not to exceed 18 months after such certification; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers, such as the Organization of American States, the United Nations, and other election monitors; (E) has ceased any interference with Radio Marti or Television Marti broadcasts; (F) has made public commitments to and is making demonstrable progress in— (i) establishing an independent judiciary; (ii) respecting internationally recognized human rights and basic freedoms as set forth in the Universal Declaration of Human Rights, to which Cuba is a signatory nation; and (iii) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment of independent social, economic, and political associations; (G) does not include Raul Castro or his immediate family; (H) has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the people of Cuba; (I) is demonstrably in transition from a communist totalitarian dictatorship to a representative democracy; (J) has made public commitments to and is making demonstrable progress in— (i) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Cuba; (ii) permitting the reinstatement of citizenship to Cuban-born persons returning to Cuba; (iii) assuring the right to private property; and (iv) taking appropriate steps to return to United States citizens, and entities that are 50 percent or more beneficially owned by United States citizens, property taken by the Government of Cuba from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property; (K) has extradited or otherwise rendered to the United States all persons sought by the Department of Justice of the United States for crimes committed in the United States; and (L) has permitted the deployment throughout Cuba of independent and unfettered international human rights monitors; and (2) a joint resolution approving the determination and certification of the President submitted under paragraph (1) is enacted into law in accordance with the procedures described in subsection (b). (b) Congressional procedures (1) Referral to committees Joint resolutions described in subsection (a)(2) that are introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs and joint resolutions described in subsection (a)(2) that are introduced in the Senate shall be referred to the Committee on Foreign Relations. (2) Procedures (A) Senate Any joint resolution described in subsection (a)(2) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765). (B) House of representatives For the purpose of expediting the consideration and enactment of a joint resolution described in subsection (a)(2), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (C) Limitation Not more than one joint resolution described in subsection (a)(2) may be considered in the House of Representatives and the Senate during the 6-month period beginning on the date on which the President submits to Congress a determination and certification under subsection (a)(1). 7. Provision of unrestricted internet service for the people of Cuba (a) In general Effective immediately upon the date of the enactment of this Act, the President shall use all means possible to provide unrestricted, reliable internet service to the people of Cuba that is not censored, blocked, or otherwise restricted by the Government of Cuba and does not include any technology, services, or communications backed by the Communist Party of the People's Republic of China. (b) Notification The President shall notify the appropriate committees of Congress once an internet connection has been established to provide unrestricted, reliable internet service under subsection (a). (c) Interagency task force (1) Establishment Not later than 90 days after the date of the enactment of this Act, the President shall establish an interagency task force to develop a long-term solution for providing reliable internet service to the people of Cuba that is not censored or blocked by the Government of Cuba. (2) Report Not later than 180 days after the date of the enactment of this Act, the interagency task force established under paragraph (1) shall submit to the President and the appropriate committees of Congress a report that outlines the best long-term solutions of the interagency task force for providing reliable internet service to the people of Cuba that is not censored, blocked, or otherwise restricted by the Government of Cuba. (d) Appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Homeland Security, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2990is/xml/BILLS-117s2990is.xml |
117-s-2991 | II 117th CONGRESS 1st Session S. 2991 IN THE SENATE OF THE UNITED STATES October 18, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a Department of Homeland Security Center for Countering Human Trafficking, and for other purposes.
1. Short title This Act may be cited as the Countering Human Trafficking Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) the victim-centered approach must become universally understood, adopted, and practiced; (2) criminal justice efforts must increase the focus on, and adeptness at, investigating and prosecuting forced labor cases; (3) corporations must eradicate forced labor from their supply chains; (4) the Department of Homeland Security must lead by example— (A) by ensuring that its government supply chain of contracts and procurement are not tainted by forced labor; and (B) by leveraging all of its authorities against the importation of goods produced with forced labor; and (5) human trafficking training, awareness, identification, and screening efforts— (A) are a necessary first step for prevention, protection, and enforcement; and (B) should be evidence-based to be most effective. 3. Department of Homeland Security Center for Countering Human Trafficking (a) Establishment (1) In general The Secretary of Homeland Security shall operate, within U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Center for Countering Human Trafficking (referred to in this Act as CCHT ). (2) Purpose The purpose of CCHT shall be to serve at the forefront of the Department of Homeland Security’s unified global efforts to counter human trafficking through law enforcement operations and victim protection, prevention, and awareness programs. (3) Administration Homeland Security Investigations shall— (A) maintain a concept of operations that identifies CCHT participants, funding, core functions, and personnel; and (B) update such concept of operations, as needed, to accommodate its mission and the threats to such mission. (4) Personnel (A) Director The Secretary of Homeland Security shall appoint a CCHT Director, who shall— (i) be a member of the Senior Executive Service; and (ii) serve as the Department of Homeland Security’s representative on human trafficking. (B) Minimum core personnel requirements Subject to appropriations, the Secretary of Homeland Security shall ensure that CCHT is staffed with at least 45 employees in order to maintain continuity of effort, subject matter expertise, and necessary support to the Department of Homeland Security, including— (i) employees who are responsible for the Continued Presence Program and other victim protection duties; (ii) employees who are responsible for training, including curriculum development; (iii) employees who are responsible for stakeholder engagement, Federal interagency coordination, multilateral partnerships, and policy; (iv) employees who are responsible for public relations, human resources, evaluation, data analysis and reporting, and information technology; (v) special agents and criminal analysts necessary to accomplish its mission of combating human trafficking and the importation of goods produced with forced labor; and (vi) managers. (b) Operations unit The CCHT Director shall operate, within CCHT, an Operations Unit, which shall, at a minimum— (1) support criminal investigations of human trafficking (including sex trafficking and forced labor)— (A) by developing, tracking, and coordinating leads; and (B) by providing subject matter expertise; (2) augment the enforcement of the prohibition on the importation of goods produced with forced labor through civil and criminal authorities; (3) coordinate a Department-wide effort to conduct procurement audits and enforcement actions, including suspension and debarment, in order to mitigate the risk of human trafficking throughout Department acquisitions and contracts; and (4) support all CCHT enforcement efforts with intelligence by conducting lead development, lead validation, case support, strategic analysis, and data analytics. (c) Protection and Awareness Programs Unit The CCHT Director shall operate, within CCHT, a Protection and Awareness Programs Unit, which shall— (1) incorporate a victim-centered approach throughout Department of Homeland Security policies, training, and practices; (2) operate a comprehensive Continued Presence program; (3) conduct, review, and assist with Department of Homeland Security human trafficking training, screening, and identification tools and efforts; (4) operate the Blue Campaign’s nationwide public awareness effort and any other awareness efforts needed— (A) to encourage victim identification and reporting to law enforcement; and (B) to prevent human trafficking; and (5) coordinate external engagement, including training and events, regarding human trafficking with critical partners, including survivors, nongovernmental organizations, corporations, multilateral entities, law enforcement agencies, and other interested parties. 4. Specialized initiatives (a) Human trafficking information modernization initiative The CCHT Director, in conjunction with the Science and Technology Directorate Office of Science and Engineering, shall develop a strategy and proposal to modify systems and processes throughout the Department of Homeland Security that are related to CCHT’s mission in order to— (1) decrease the response time to access victim protections; (2) accelerate lead development; (3) advance the identification of human trafficking characteristics and trends; (4) fortify the security and protection of sensitive information; (5) apply analytics to automate manual processes; and (6) provide artificial intelligence and machine learning to increase system capabilities and enhance data availability, reliability, comparability, and verifiability. (b) Submission of plan Upon the completion of the strategy and proposal under subsection (a), the Secretary of Homeland Security shall submit a summary of the strategy and plan for executing the strategy to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (2) the Committee on Homeland Security of the House of Representatives . 5. Reports (a) Information sharing To facilitate reports and analysis Each subagency of the Department of Homeland Security shall share with CCHT— (1) any information needed by CCHT to develop the strategy and proposal required under section 5(a); and (2) any additional data analysis to help CCHT better understand the issues surrounding human trafficking. (b) Report to Congress Not later than 1 year after the date of the enactment of this Act, the CCHT Director shall submit a report to Congress that identifies any legislation that is needed to facilitate the Department of Homeland Security’s mission to end human trafficking. 6. Authorization of appropriations In addition to amounts otherwise authorized to be appropriated, there is authorized to be appropriated to the Secretary of Homeland Security to carry out this Act $14,000,000, which shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s2991is/xml/BILLS-117s2991is.xml |
117-s-2992 | II 117th CONGRESS 1st Session S. 2992 IN THE SENATE OF THE UNITED STATES October 18, 2021 Ms. Klobuchar (for herself, Mr. Grassley , Mr. Durbin , Mr. Graham , Mr. Blumenthal , Mr. Kennedy , Mr. Booker , Ms. Lummis , Ms. Hirono , Mr. Warner , Mr. Hawley , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide that certain discriminatory conduct by covered platforms shall be unlawful, and for other purposes.
1. Short title This Act may be cited as the American Innovation and Choice Online Act . 2. Unlawful conduct (a) Violation It shall be unlawful for a person operating a covered platform, in or affecting commerce, if it is shown, by a preponderance of the evidence, that the person has engaged in conduct that would— (1) unfairly preference the covered platform operator’s own products, services, or lines of business over those of another business user on the covered platform in a manner that would materially harm competition on the covered platform; (2) unfairly limit the ability of another business user’s products, services, or lines of business to compete on the covered platform relative to the covered platform operator’s own products, services, or lines of business in a manner that would materially harm competition on the covered platform; or (3) discriminate in the application or enforcement of the covered platform’s terms of service among similarly situated business users in a manner that may materially harm competition on the covered platform. (b) Unlawful conduct It shall be unlawful for a person operating a covered platform, in or affecting commerce, if it is shown, by a preponderance of the evidence, that the person has engaged in conduct that would— (1) materially restrict or impede the capacity of a business user to access or interoperate with the same platform, operating system, hardware or software features that are available to the covered platform operator’s own products, services, or lines of business that compete or would compete with products or services offered by business users on the covered platform; (2) condition access to the covered platform or preferred status or placement on the covered platform on the purchase or use of other products or services offered by the covered platform operator that are not part of or intrinsic to the covered platform itself; (3) use non-public data that are obtained from or generated on the covered platform by the activities of a business user or by the interaction of a covered platform user with the products or services of a business user to offer, or support the offering of, the covered platform operator’s own products or services that compete or would compete with products or services offered by business users on the covered platform; (4) materially restrict or impede a business user from accessing data generated on the covered platform by the activities of the business user, or through an interaction of a covered platform user with the business user’s products or services, such as by establishing contractual or technical restrictions that prevent the portability of the business user's data by the business user to other systems or applications; (5) unless necessary for the security or functioning of the covered platform, materially restrict or impede covered platform users from un-installing software applications that have been preinstalled on the covered platform or changing default settings that direct or steer covered platform users to products or services offered by the covered platform operator; (6) in connection with any covered platform user interface, including search or ranking functionality offered by the covered platform, treat the covered platform operator’s own products, services, or lines of business more favorably relative to those of another business user than they would be treated under standards mandating the neutral, fair, and non-discriminatory treatment of all business users; or (7) retaliate against any business user or covered platform user that raises concerns with any law enforcement authority about actual or potential violations of State or Federal law. (c) Rule of construction Subsections (a) and (b) shall not be construed to require a covered platform operator to divulge, license, or otherwise grant the use of the covered platform operator’s intellectual property, trade or business secrets, or other confidential proprietary business processes to a business user. (d) Affirmative defenses (1) In general Subsection (a) shall not apply if the defendant establishes by a preponderance of the evidence that the conduct described in subsections (a) was narrowly tailored, was nonpretextual, and was necessary to— (A) prevent a violation of, or comply with, Federal or State law; (B) protect safety, user privacy, the security of non-public data, or the security of the covered platform; or (C) maintain or enhance the core functionality of the covered platform. (2) Unlawful conduct Subsection (b) shall not apply if the defendant establishes by a preponderance of the evidence that the conduct described in subsection (b)— (A) has not resulted in and would not result in material harm to the competitive process by restricting or impeding legitimate activity by business users; or (B) was narrowly tailored, could not be achieved through less discriminatory means, was nonpretextual, and was necessary to— (i) prevent a violation of, or comply with, Federal or State law; (ii) protect safety, user privacy, the security of non-public data, or the security of the covered platform; or (iii) maintain or enhance the core functionality of the covered platform. (e) Covered platform designation The Federal Trade Commission and Department of Justice may jointly, with concurrence of the other, designate a covered platform for the purpose of implementing and enforcing this Act. Such designation shall— (1) be based on a finding that the criteria set forth in clauses (i) through (iii) of subsection (h)(4) are met; (2) be issued in writing and published in the Federal Register; and (3) apply for 7 years from its issuance regardless of whether there is a change in control or ownership over the covered platform unless the Commission or the Department of Justice removes the designation under subsection (f). (f) Removal of covered platform designation The Commission or the Department of Justice shall— (1) consider whether its designation of a covered platform under subsection (e) should be removed prior to the expiration of the 7-year period if the covered platform operator files a request with the Commission or the Department of Justice, which shows that the online platform no longer meets the criteria set forth in clauses (i) through (iii) of subsection (h)(4); (2) determine whether to grant a request submitted under paragraph 1 not later than 120 days after the date of the filing of such request; and (3) obtain the concurrence of the Commission or the Department of Justice, as appropriate, before granting a request submitted under paragraph (1). (g) Remedies The remedies provided in this subsection are in addition to, and not in lieu of, any other remedy available under Federal or State law. (1) Civil penalty Any person who is found to have violated subsections (a) or (b) shall be liable to the United States or the Commission for a civil penalty, which shall accrue to the United States Treasury, in an amount not more than 15 percent of the total United States revenue of the person for the period of time the violation occurred. (2) Injunctions The Assistant Attorney General of the Antitrust Division, the Commission, or the attorney general of any State may seek, and the court may order, relief in equity as necessary to prevent, restrain, or prohibit violations of this Act. (3) Repeat offenders If the fact finder determines that a person has engaged in a pattern or practice of violating this Act, the court shall consider requiring, and may order, that the Chief Executive Officer, and any other corporate officer as appropriate to deter violations of this Act, forfeit to the United States Treasury any compensation received by that person during the 12 months preceding or following the filing of a complaint for an alleged violation of this Act. (h) Definitions In this section: (1) Antitrust laws The term antitrust laws has the meaning given the term in subsection (a) of section 1 of the Clayton Act ( 15 U.S.C. 12 ). (2) Business user The term Business User means a person that utilizes or is likely to utilize the covered platform for the sale or provision of products or services, including such persons that are operating a covered platform or are controlled by a covered platform operator. (3) Commission The term Commission means the Federal Trade Commission. (4) Covered platform The term covered platform means an online platform— (A) that has been designated as a covered platform under section 2(e); or (B) that— (i) at any point during the 12 months preceding a designation under section 2(e) or at any point during the 12 months preceding the filing of a complaint for an alleged violation of this Act— (I) has at least 50,000,000 United States-based monthly active users on the online platform; or (II) has at least 100,000 United States-based monthly active business users on the online platform; (ii) at any point during the 2 years preceding a designation under section 2(e) or at any point during the 2 years preceding the filing of a complaint for an alleged violation of this Act, is owned or controlled by a person with United States net annual sales or a market capitalization greater than $550,000,000,000, adjusted for inflation on the basis of the Consumer Price Index; and (iii) is a critical trading partner for the sale or provision of any product or service offered on or directly related to the online platform. (5) Critical trading partner The term critical trading partner means a person that has the ability to restrict or materially impede the access of— (A) a business user to its users or customers; or (B) a business user to a tool or service that it needs to effectively serve its users or customers. (6) Person The term person has the meaning given the term in subsection (a) of section 1 of the Clayton Act ( 15 U.S.C. 12 ). (7) Data (A) In general Not later than 6 months after the date of enactment of this Act, the Commission shall adopt rules in accordance with section 553 of title 5, United States Code, to define the term data for the purpose of implementing and enforcing this Act. (B) Data The term data shall include information that is collected by or provided to a covered platform or business user that is linked, or reasonably linkable, to a specific— (i) user or customer of the covered platform; or (ii) user or customer of a business user. (8) Online platform The term online platform means a website, online or mobile application, operating system, digital assistant, or online service that— (A) enables a user to generate content that can be viewed by other users on the platform or to interact with other content on the platform; (B) facilitates the offering, sale, purchase, payment, or shipping of products or services, including software applications, between and among consumers or businesses not controlled by the platform operator; or (C) enables user searches or queries that access or display a large volume of information. (9) Control The term control with respect to a person means— (A) holding 25 percent or more of the stock of the person; (B) having the right to 25 percent or more of the profits of the person; (C) having the right to 25 percent or more of the assets of the person, in the event of the person’s dissolution; (D) if the person is a corporation, having the power to designate 25 percent or more of the directors of the person; (E) if the person is a trust, having the power to designate 25 percent or more of the trustees; or (F) otherwise exercises substantial control over the person. (10) State The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (i) Enforcement (1) In general Except as otherwise provided in this Act— (A) the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act; (B) the Attorney General 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 of the Sherman Act ( 15 U.S.C. 1 et seq. ), Clayton Act ( 15 U.S.C. 12 et seq. ), and Antitrust Civil Process Act ( 15 U.S.C. 1311 et seq. ) were incorporated into and made a part of this Act; and (C) any attorney general of a State 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 of the Sherman Act ( 15 U.S.C. 1 et seq. ) and the Clayton Act ( 15 U.S.C. 12 et seq. ) 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. 45 ). (3) Commission independent litigation authority If the Commission has reason to believe that a person violated this Act, the 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. (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. (j) Emergency relief (1) In general The Commission, Assistant Attorney General of the Antitrust Division, or any attorney general of a State may seek a temporary injunction requiring the covered platform operator to take or stop taking any action for not more than 120 days and the court may grant such relief if the Commission, the United States, or the attorney general of a State proves— (A) there is a claim that a covered platform operator took an action that would violate this Act; and (B) that action impairs the ability of business users to compete with the covered platform operator. (2) Emergency relief The emergency relief shall not last more than 120 days from the filing of the complaint. (3) Termination The court shall terminate the emergency relief at any time that the covered platform operator proves that the Commission, the United States, or the attorney general of the State seeking relief under this section has not taken reasonable steps to investigate whether a violation has occurred. (4) Other equitable relief Nothing in this subsection prevents or limits the Commission, the United States, or any attorney general of any State from seeking other equitable relief as provided in subsection (g) of this section. (k) Statute of limitations A proceeding for a violation of this section may be commenced not later than 6 years after such violation occurs. 3. Judicial review (a) In general Any party that is subject to a covered platform designation under section 2(e) of this Act, a decision in response to a request to remove a covered platform designation under section 2(f) of this Act, a final order issued in any district court of the United States under this Act, or a final order of the Commission issued in an administrative adjudicative proceeding under this Act may within 30 days of the issuance of such designation, decision, or order, petition for review of such designation, decision, or order in the United States Court of Appeals for the District of Columbia Circuit. (b) Treatment of findings In a proceeding for judicial review of a covered platform designation under section 2(e) of this Act, a decision in response to a request to remove a covered platform designation under section 2(f) of this Act, or a final order of the Commission issued in an administrative adjudicative proceeding under this Act, the findings of the Commission or the Assistant Attorney General as to the facts, if supported by evidence, shall be conclusive. 4. Enforcement guidelines (a) In general Not later than 1 year after the date of enactment of this Act, the Commission and the Assistant Attorney General of the Antitrust Division shall jointly issue guidelines outlining policies and practices, relating to agency enforcement of this Act, including policies for determining the appropriate amount of a civil penalty to be sought under section 2(g)(1) of this Act, with the goal of promoting transparency, deterring violations, and imposing sanctions proportionate to the gravity of individual violations. (b) Updates The Commission and the Assistant Attorney General of the Antitrust Division shall update the joint guidelines issued under subsection (a), as needed to reflect current agency policies and practices, but not less frequently than once every 4 years beginning on the date of enactment of this Act. (c) Operation The Joint Guidelines issued under this section do not confer any rights upon any person, State, or locality, nor shall they operate to bind the Commission, Department of Justice, or any person, State, or locality to the approach recommended in such Guidelines. 5. Rule of construction (a) Notwithstanding any other provision of law, whether user conduct would constitute a violation of section 1030 of title 18 of the United States Code is not dispositive of whether the defendant has established an affirmative defense under this Act. (b) An action taken by a covered platform operator that is reasonably tailored to protect the rights of third parties under sections 106, 1101, 1201, or 1401 of title 17 of the United States Code or rights actionable under sections 32 or 43 of the Lanham Act ( 15 U.S.C. 1114 , 1125), or corollary state law, shall not be considered unlawful conduct under subsection 2(a) or (b) of this Act. (c) Nothing in this Act shall be construed to limit any authority of the Attorney General or the Commission under the antitrust laws, the Federal Trade Commission Act ( 15 U.S.C. 45 ), or any other provision of law or to limit the application of any law. 6. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s2992is/xml/BILLS-117s2992is.xml |
117-s-2993 | II 117th CONGRESS 1st Session S. 2993 IN THE SENATE OF THE UNITED STATES October 19, 2021 Ms. Rosen (for herself, Mr. Sasse , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to establish in the Cybersecurity and Infrastructure Security Agency the National Cyber Exercise Program, and for other purposes.
1. Short title This Act may be cited as the CISA Cyber Exercise Act . 2. National Cyber Exercise Program (a) In general Subtitle A of 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 new section: 2220A. National Cyber Exercise Program (a) Establishment of program (1) In general There is established in the Agency the National Cyber Exercise Program (referred to in this section as the Exercise Program ) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) Requirements (A) In general The Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) Model exercise selection The Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) Consultation In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. (b) Definitions In this section: (1) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. (2) Private entity The term private entity has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). . (b) Technical amendments (1) Homeland Security Act of 2002 Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended— (A) in the first section 2215 ( 6 U.S.C. 665 ; relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows: 2215. Duties and authorities relating to .gov internet domain ; (B) in the second section 2215 ( 6 U.S.C. 665b ; relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows: 2216. Joint cyber planning office ; (C) in the third section 2215 ( 6 U.S.C. 665c ; relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows: 2217. Cybersecurity State Coordinator ; (D) in the fourth section 2215 ( 6 U.S.C. 665d ; relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows: 2218. Sector Risk Management Agencies ; (E) in section 2216 ( 6 U.S.C. 665e ; relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows: 2219. Cybersecurity Advisory Committee ; and (F) in section 2217 ( 6 U.S.C. 665f ; relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows: 2220. Cybersecurity Education and Training Programs . (2) Consolidated Appropriations Act, 2021 Paragraph (1) of section 904(b) of division U of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by inserting of 2002 after Homeland Security Act . (c) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the items relating to sections 2214 through 2217 and inserting the following new items: Sec. 2214. National Asset Database. Sec. 2215. Duties and authorities relating to .gov internet domain. Sec. 2216. Joint cyber planning office. Sec. 2217. Cybersecurity State Coordinator. Sec. 2218. Sector Risk Management Agencies. Sec. 2219. Cybersecurity Advisory Committee. Sec. 2220. Cybersecurity Education and Training Programs. Sec. 2220A. National Cyber Exercise Program. . | https://www.govinfo.gov/content/pkg/BILLS-117s2993is/xml/BILLS-117s2993is.xml |
117-s-2994 | II 117th CONGRESS 1st Session S. 2994 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Padilla (for himself, Mrs. Shaheen , Mrs. Gillibrand , Mrs. Feinstein , Ms. Hassan , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To list certain perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants, and for other purposes.
1. Short title This Act may be cited as the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 or the PROTECT Act of 2021 . 2. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants (a) Listing (1) Initial listing Section 112(b) of the Clean Air Act ( 42 U.S.C. 7412(b) ) is amended by adding at the end the following: (8) Perfluoroalkyl and polyfluoroalkyl substances (A) In general Subject to subparagraph (B), beginning on the date of enactment of the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 , the following substances are included on the list of hazardous air pollutants under paragraph (1): (i) Perfluorooctanoic acid and its salts. (ii) Perfluorooctanesulfonic acid and its salts. (iii) Perfluorobutanesulfonic acid. (iv) Hexafluoropropylene oxide dimer acid and its ammonium salt (commonly referred to as GenX chemicals ). (B) Implementing regulations (i) Source categories Notwithstanding any other provision of this section, not later than 2 years after the date of enactment of the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 , the Administrator shall revise the list of the categories and subcategories of major sources and area sources established under subsection (c)(1) to include the categories and subcategories of the substances described in subparagraph (A). (ii) Other regulations Notwithstanding any other provision of this section and except as provided in clause (i), not later than 5 years after the date of enactment of the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 , the Administrator shall finalize the emission standards and other regulations necessary under this section for the substances included on the list of hazardous air pollutants under subparagraph (A). (iii) Savings clause The Administrator may not enforce the listing of any hazardous air pollutant under subparagraph (A) until the regulations issued under clause (ii) are finalized. . (2) Additional listings (A) In general Not later than 5 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this Act as the Administrator ) shall determine whether to issue, in accordance with section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), final rules adding perfluoroalkyl and polyfluoroalkyl substances other than the perfluoroalkyl and polyfluoroalkyl substances described in subsection (b)(8) of that section to the list of hazardous air pollutants established under subsection (b) of that section. (B) Sources categories Not later than 2 years after the date on which a final rule is issued pursuant to subparagraph (A), the Administrator shall revise the list of the categories and subcategories of major sources and area sources established under section 112(c)(1) of the Clean Air Act ( 42 U.S.C. 7412(c)(1) ) to include the categories and subcategories of major sources and area sources of the perfluoroalkyl and polyfluoroalkyl substances listed pursuant to that final rule. (C) Other regulations Notwithstanding any other provision of section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) and except as provided in subparagraph (B), not later than 5 years after the date of enactment of this Act, the Administrator shall finalize the emission standards and other regulations necessary under that section for the substances described in subparagraph (A). (b) Petitions Nothing in this Act or an amendment made by this Act affects the requirement that the Administrator grant or deny a petition under section 112(b)(3)(A) of the Clean Air Act ( 42 U.S.C. 7412(b)(3)(A) ) within 18 months of the receipt of the petition, including a petition with respect to a substance described in subsection (a)(2)(A). (c) Quantification For each substance added to the list of hazardous air pollutants established under section 112(b) of the Clean Air Act ( 42 U.S.C. 7412(b) ) pursuant to this Act or under an amendment made by this Act, the Administrator shall— (1) provide support and services to advance the understanding of sources of emissions of the substance, or an appropriate surrogate for that substance, the state of technology for control of those emissions, and measurement approaches to quantify and measure those emissions; and (2) to the extent practicable, continue to develop and improve the relevant source testing and ambient air measurement methodologies to facilitate— (A) the identification of emissions sources of the substance; and (B) the detection and reporting of the emitted amounts of the substance. | https://www.govinfo.gov/content/pkg/BILLS-117s2994is/xml/BILLS-117s2994is.xml |
117-s-2995 | II 117th CONGRESS 1st Session S. 2995 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve the provision of financial literacy training and information relating to the Blended Retirement System to members of the Armed Forces.
1. Short title This Act may be cited as the Re-open Enrollment for Servicemembers to Opt-in to Updated Retirement Choice for Enduring Security Act of 2021 or the RESOURCES Act of 2021 . 2. Improvements to financial literacy training; provision of information relating to the Blended Retirement System (a) Improvements to financial literacy training (1) In general Subsection (a) of section 992 of title 10, United States Code, is amended— (A) in paragraph (2)(C), by striking grade E–4 and inserting grade E–6 ; (B) by adding at the end the following new paragraph: (5) In carrying out the program to provide training under this subsection, the Secretary concerned shall— (A) require the development of a standard curriculum across all military departments for such training that— (i) focuses on ensuring that members of the armed forces who receive such training develop proficiency in financial literacy rather than focusing on completion of training modules; (ii) is based on best practices in the financial services industry, such as the use of a social learning approach and the incorporation of elements of behavioral economics or gamification; and (iii) is designed to address the needs of members and their families; (B) ensure that such training— (i) is conducted by a financial services counselor who is qualified as described in paragraph (3) of subsection (b) or by other means as described in paragraph (2)(A)(ii) of that subsection; (ii) is provided, to the extent practicable— (I) in a class held in person with fewer than 50 attendees; or (II) one-on-one between the member and a financial services counselor or a qualified representative described in subclause (III) or (IV) of subsection (b)(2)(A)(ii); and (iii) is provided using computer-based methods only if methods described in clause (ii) are impractical or unavailable; (C) ensure that— (i) an in-person class described in subparagraph (B)(i)(I) is available to the spouse of a member; and (ii) if a spouse of a member is unable to attend such a class in person— (I) training is available to the spouse through Military OneSource; and (II) the member is informed during the in-person training of the member under subparagraph (B)(i) with respect to how the member's spouse can access the training; (D) ensure that such training, and all documents and materials provided in relation to such training, are presented or written in manner that the Secretary determines can be understood by the average enlisted member. . (2) Qualified representatives for counseling for members and spouses Subsection (b)(2)(A)(ii) of such section is amended by adding at the end the following: (IV) Through qualified representatives of banks or credit unions operating on military installations pursuant to an operating agreement with the Department of Defense or a military department. . (3) Provision of retirement information Such section is further amended— (A) by redesignating subsections (d) and (e) as subsections (e) and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): (d) Provision of retirement information In each training under subsection (a) and in each meeting to provide counseling under subsection (b), a member of the armed forces shall be provided with— (1) all forms relating to retirement that are relevant to the member, including with respect to the Thrift Savings Plan; (2) information with respect to how to find additional information; and (3) contact information for counselors provided through— (A) the Personal Financial Counselor program, the Personal Financial Management program, or Military OneSource; or (B) nonprofit organizations or agencies that have in effect agreements with the Department of Defense to provide financial services counseling. . (4) Advisory Council on Financial Readiness Such section is further amended by inserting after subsection (e), as redesignated by paragraph (3)(A), the following new subsection: (f) Advisory Council on Financial Readiness (1) Establishment There is established an Advisory Council on Financial Readiness (in this section referred to as the Council ). (2) Membership (A) In general The Council shall consist of 12 members appointed by the Secretary of Defense, as follows: (i) Three shall be representatives of military support organizations. (ii) Three shall be representatives of veterans service organizations. (iii) Three shall be representatives of private, nonprofit organizations with a vested interest in education and communication of financial education and financial services. (iv) Three shall be representatives of governmental entities with a vested interest in education and communication of financial education and financial services. (B) Qualifications The Secretary shall appoint members to the Council from among individuals qualified to appraise military compensation, military retirement, and financial literacy training. (C) Terms Members of the Council shall serve for terms of three years, except that, of the members first appointed— (i) four shall be appointed for terms of one year; (ii) four shall be appointed for terms of two years; and (iii) four shall be appointed for terms of three years. (D) Reappointment A member of the Council may be reappointed for additional terms. (E) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term of office for which such member's predecessor was appointed shall be appointed only for the remainder of such term. (3) Duties and functions The Council shall— (A) advise the Secretary with respect to matters relating to the financial literacy and financial readiness of members of the armed forces; and (B) submit to the Secretary recommendations with respect to those matters. (4) Meetings (A) In general Subject to subparagraph (B), the Council shall meet not less frequently than twice each year and at such other times as the Secretary requests. (B) During election period for Blended Retirement System During the period beginning on the date of the enactment of the Re-open Enrollment for Servicemembers to Opt-in to Updated Retirement Choice for Enduring Security Act of 2021 and ending at the end of the period provided for under section 1409(b)(4) and 12739(f) to elect to be enrolled in the Blended Retirement System, the Council shall meet not less frequently than every 90 days. (C) Quorum A majority of members shall constitute a quorum and action shall be taken only by a majority vote of the members present and voting. (5) Support services The Secretary— (A) shall provide to the Council an executive secretary and such secretarial, clerical, and other support services as the Council considers necessary to carry out the duties of the Council; and (B) may request that other Federal agencies provide statistical data, reports, and other information that is reasonably accessible to assist the Council in the performance of the duties of the Council. (6) Compensation While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (7) Annual report Not less frequently than annually, the Secretary shall submit to Congress a report that— (A) describes each recommendation received from the Council during the preceding year; and (B) includes a statement, with respect to each such recommendation, of whether the Secretary has implemented the recommendation and, if not, a description of why the Secretary has not implemented the recommendation. (8) Termination Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.) (relating to termination) shall not apply to the Council. (9) Definitions In this subsection: (A) Military support organization The term military support organization means an organization that provides support to members of the armed forces and their families with respect to education, finances, health care, employment, and overall well-being. (B) Veterans service organization The term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38. . (5) Report on effectiveness of financial services counseling Not later than 3 years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on financial literacy training and financial services counseling provided under section 992 of title 10, United States Code, as amended by this subsection, that assesses— (A) the effectiveness of such training and counseling, which shall be determined using actual localized data similar to the Unit Risk Inventory Survey of the Army; and (B) whether additional training or counseling is necessary for enlisted members of the Armed Forces or for officers. (b) Modifications to lump sum payments of certain retired pay (1) Spousal consent to lump sum payment Subsection (b) of section 1415 of title 10, United States Code, is amended by adding at the end the following: (7) Spousal consent for election of lump sum payment An eligible person who is married may not elect to receive a lump sum payment under this subsection without the concurrence of the person's spouse, unless the eligible person establishes to the satisfaction of the Secretary concerned— (A) that the spouse's whereabouts cannot be determined; or (B) that, due to exceptional circumstances, requiring the person to seek the spouse's consent would otherwise be inappropriate. . (2) Disclosures relating to offer of lump sum payment Such section is further amended— (A) by redesignating subsection (e) as subsection (g); and (B) by inserting after subsection (d) the following new subsections: (e) Disclosures relating to offer of lump sum payment (1) In general Not later than 90 days before offering an eligible person a lump sum payment under this section, the Secretary of Defense shall provide a notice to the person, and the person's spouse, if married, that includes the following: (A) A description of the available retirement benefit options, including— (i) the monthly covered retired pay that the person would receive after the person attains retirement age if the person is not already receiving such pay; (ii) the monthly covered retired pay that the person would receive if payments begin immediately; and (iii) the amount of the lump sum payment the person would receive if the person elects to receive the lump sum payment. (B) An explanation of how the amount of the lump sum payment was calculated, including the interest rate and mortality assumptions used in the calculation, and whether any additional benefits were included in the amount. (C) A description of how the option to take the lump sum payment compares to the value of the covered retired pay the person would receive if the person elected not to take the lump sum payment. (D) A statement of whether, by purchasing a retail annuity using the lump sum payment, it would be possible to replicate the stream of payments the person would receive if the person elected not to take the lump sum payment. (E) A description of the potential implications of accepting the lump sum payment, including possible benefits and reductions in such benefits, investment risks, longevity risks, and loss of protection from creditors. (F) A description of the tax implications of accepting the lump sum payment, including rollover options, early distribution penalties, and associated tax liabilities. (G) Instructions for how to accept or reject the offer of the lump sum payment and the date by which the person is required to accept or reject the offer. (H) Contact information for the person to obtain more information or ask questions about the option to accept the lump sum payment, including the opportunity for a one-on-one meeting with a counselor provided through the Personal Financial Counselor program or the Personal Financial Management program. (I) A statement that— (i) financial advisers (other than financial services counselors provided through the Personal Financial Counselor program or the Personal Financial Management program) may not be required to act in the best interests of the person or the person's beneficiaries with respect to determining whether to take the lump sum payment; and (ii) if the person or a beneficiary of the person is seeking financial advice from a financial adviser not affiliated with the armed forces, the person or beneficiary should obtain written confirmation that the adviser is acting as a fiduciary to the person or beneficiary. (J) Such other information as the Secretary considers to be necessary or relevant. (2) Form The Secretary shall ensure that any notice provided to an eligible person under paragraph (1)— (A) is written in manner that the Secretary determines can be understood by the average enlisted member of the armed forces; and (B) is presented in a manner that is not biased for or against acceptance of the offer of the lump sum payment. (f) Report required Not later than one year after the date of the enactment of the Re-open Enrollment for Servicemembers to Opt-in to Updated Retirement Choice for Enduring Security Act of 2021 , and annually thereafter, the Secretary shall submit to the congressional defense committees report that— (1) sets forth the number of members of the armed forces who take a lump sum payment under this section; and (2) describes the details of the arrangements relating to taking such a payment, including— (A) whether members have taken a lump sum payment in exchange for reduced future benefits; and (B) information relating to the members who have taken a lump sum payment, such as the age and rank of such members. . (c) Additional election period for Blended Retirement System (1) Additional election period for members of uniformed services Section 1409(b)(4) of title 10, United States Code, is amended— (A) by striking subparagraph (A) and inserting the following new subparagraph (A): (A) Reduced multiplier for full TSP members (i) In general Notwithstanding paragraphs (1), (2), and (3), in the case of a member described in clause (ii) (referred to as a full TSP member )— (I) paragraph (1)(A) shall be applied by substituting 2 for 2½ ; (II) clause (i) of paragraph (3)(B) shall be applied by substituting 60 percent for 75 percent ; and (III) clause (ii)(I) of such paragraph shall be applied by substituting 2 for 2½ . (ii) Full TSP members A member described in this clause is— (I) a member who first becomes a member of the uniformed services on or after January 1, 2018; (II) a member described in subparagraph (B) who makes the election described in that subparagraph; or (III) a member who made the election described in subparagraph (B), as in effect on the day before the date of the enactment of the Re-open Enrollment for Servicemembers to Opt-in to Updated Retirement Choice for Enduring Security Act of 2021 . ; (B) by striking subparagraph (B) and inserting the following new subparagraph (B): (B) Election to participate in modernized retirement system Pursuant to subparagraph (C), a member of a uniformed service serving on December 31, 2017, who has served in the uniformed services for fewer than 12 years as of the date selected by the Secretary of Defense under subparagraph (C)(i)(I), may elect, in exchange for the reduced multipliers described in subparagraph (A) for purposes of calculating the retired pay of the member, to receive Thrift Savings Plan contributions pursuant to section 8440e(e) of title 5. ; (C) in subparagraph (C)(i), by striking the period and all that follows and inserting that following: the period that— (I) begins on a date selected by the Secretary of Defense, which— (aa) may be not earlier than January 1, 2023, and not later than January 1, 2024; and (bb) shall be the same as the date selected under section 12739(f)(2)(B)(i)(I)(aa); and (II) ends on the date that is 180 days after the date selected under subclause (I). ; (D) by redesignating subparagraph (E) as subparagraph (F); and (E) by inserting after subparagraph (D) the following new subparagraph (E): (E) Special rules relating to the second election period The Secretary concerned shall— (i) to the extent practicable, provide to each member described in subparagraph (B) (and the member's spouse, if married)— (I) a class, to be held in person and with fewer than 50 attendees, on the Blended Retirement System and the differences between that system and the predecessor retirement system; and (II) financial counseling described in section 992(b) focused on the suitability of the Blended Retirement System in the context of the member's personal circumstances; (ii) require each such member to make the election described in subparagraph (B) or decline to make that election; (iii) document the decision of the member under clause (ii) in a statement that describes the features of the Blended Retirement System and of the predecessor retirement system; and (iv) have the member (and the member's spouse, if married) sign the statement described in clause (iii) to acknowledge understanding of those features. . (2) Additional election period for members of reserve components Section 12739(f) of title 10, United States Code, is amended— (A) by striking paragraph (1) and inserting the following new paragraph (1): (1) Reduced multiplier for full TSP members (A) In general Notwithstanding subsection (a) or (c), in the case of a person described in subparagraph (B) (referred to as a full TSP member )— (i) subsection (a)(2) shall be applied by substituting 2 percent for 2½ percent ; (ii) subparagraph (A) of subsection (c)(2) shall be applied by substituting 60 percent for 75 percent ; and (iii) subparagraph (B)(ii) of such subsection shall be applied by substituting 2 percent for 2½ percent . (B) Full TSP members A person described in this subparagraph is— (i) a person who first performs reserve component service on or after January 1, 2018, after not having performed regular or reserve component service on or before that date; (ii) a person described in paragraph (2)(A) who makes the election described in that paragraph; or (iii) a person who made the election described in paragraph (2)(A), as in effect on the day before the date of the enactment of the Re-open Enrollment for Servicemembers to Opt-in to Updated Retirement Choice for Enduring Security Act of 2021 . ; (B) in paragraph (2)— (i) by striking subparagraph (A) and inserting the following new subparagraph (A): (A) In general Pursuant to subparagraph (B), a person performing reserve component service on December 31, 2017, who has performed fewer than 12 years of service as of the date selected by the Secretary of Defense under subparagraph (B)(i)(I) (as computed in accordance with section 12733 of this title), may elect, in exchange for the reduced multipliers described in paragraph (1) for purposes of calculating the retired pay of the person, to receive Thrift Savings Plan contributions pursuant to section 8440e(e) of title 5. ; (ii) in subparagraph (B)(i), by striking the period and all that follows and inserting that following: the period that— (I) begins on a date selected by the Secretary of Defense, which— (aa) may be not earlier than January 1, 2023, and not later than January 1, 2024; and (bb) shall be the same as the date selected under section 1409(b)(4)(C)(i)(I)(aa); and (II) ends on the date that is 180 days after the date selected under subclause (I). ; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph (3): (3) Special rules relating second election period The Secretary concerned shall— (A) to the extent practicable, provide to each person described in paragraph (2)(A) (and the person's spouse, if married)— (i) a class, to be held in person and with fewer than 50 attendees, on the Blended Retirement System and the differences between that system and the predecessor retirement system; and (ii) financial counseling described in section 992(b) focused on the suitability of the Blended Retirement System in the context of the person's personal circumstances; (B) require each such person to make the election described in paragraph (2)(A) or decline to make that election; (C) document the decision of the member under subparagraph (B) in a statement that describes the features of the Blended Retirement System and of the predecessor retirement system; and (D) have the member (and the member's spouse, if married) sign the statement described in subparagraph (C) to acknowledge understanding of those features. . (3) Conforming amendment Section 8440e(e)(1) of title 5, United States Code, is amended— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B)— (i) in clause (ii), by striking has and inserting had ; (ii) by striking clause (iii) and inserting the following new clause (iii): (iii) made the election described in section 1409(b)(4)(B) or 12729(f)(2) of title 10, as in effect before the date of the enactment of the Re-open Enrollment for Servicemembers to Opt-in to Updated Retirement Choice for Enduring Security Act of 2021 , to receive Thrift Savings Plan contributions under this subsection in exchange for the reduced multipliers described in section 1409(b)(4)(A) or 12739(f)(1) of title 10, as applicable and so in effect, for purposes of calculating the retired pay of the member; or ; and (C) by adding at the end the following: (C) who— (i) first entered a uniformed service before January 1, 2018; (ii) has completed fewer than 12 years of service in the uniformed services as of the date selected by the Secretary of Defense under sections 1409(b)(4)(C)(i)(I)(aa) and 12739(f)(2)(B)(i)(I)(aa); and (iii) makes the election described in section 1409(b)(4)(B) or 12729(f)(2) of title 10 to receive Thrift Savings Plan contributions under this subsection in exchange for the reduced multipliers described in section 1409(b)(4)(A) or 12739(f)(1) of title 10, as applicable, for purposes of calculating the retired pay of the member. . (4) Training of certain officers The Secretary of Defense shall ensure that each member of the armed forces in pay grade E–9 or below or in pay grade O–6 or below receives training with respect to the features of the Blended Retirement System, without regard to whether the member is eligible to make an election between the Blended Retirement System and the predecessor retirement system, so that member is able to answer the questions of other members if necessary. (d) Report on improved access to Thrift Savings Plan Not later than 18 months after the date of the enactment of this Act, the Federal Retirement Thrift Investment Board shall submit to Congress a plan for improving the access of members of the Armed Forces to information about the Thrift Savings Plan that— (1) takes into account the time likely to pass between the mailing of account information to a member of the Armed Forces and the time the member is likely to receive the information; and (2) makes recommendations for statutory changes necessary to improve such access. (e) Regulations The Secretary of Defense may prescribe such regulations as are necessary to carry out the amendments made by this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2995is/xml/BILLS-117s2995is.xml |
117-s-2996 | II 117th CONGRESS 1st Session S. 2996 IN THE SENATE OF THE UNITED STATES October 19, 2021 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the distribution of certain outer Continental Shelf revenues to the State of Alaska, and for other purposes.
1. Short title This Act may be cited as the Alaska Offshore Parity Act . 2. Definitions In this Act: (1) Coastal political subdivision The term coastal political subdivision means— (A) a county-equivalent subdivision of the State— (i) all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 )) of the State; and (ii) the closest coastal point of which is not more than 200 nautical miles from the geographical center of any leased tract in the Alaska outer Continental Shelf region; and (B) a municipal subdivision of the State that is determined by the State to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. (2) 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 ). (3) Qualified revenues (A) In general The term qualified revenues means all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development in the Alaska outer Continental Shelf region. (B) Exclusions The term qualified revenues does not include— (i) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ); or (ii) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold. (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of Alaska. 3. Disposition of qualified revenues in Alaska (a) In general Notwithstanding section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) and subject to the other provisions of this section, for fiscal year 2022 and each fiscal year thereafter, the Secretary of the Treasury shall deposit— (1) 50 percent of qualified revenues in the general fund of the Treasury; (2) 42.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; and (3) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions. (b) Allocation among coastal political subdivisions Of the amount paid by the Secretary to coastal political subdivisions under subsection (a)(3)— (1) 90 percent shall be allocated among costal political subdivisions described in section 2(1)(A) in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and not more than 200 miles from the geographic center of the leased tract; and (2) 10 percent shall be divided equally among each coastal political subdivision described in section 2(1)(B). (c) Timing The amounts required to be deposited under subsection (a) for the applicable fiscal year shall be made available in accordance with that subsection during the fiscal year immediately following the applicable fiscal year. (d) Authorized uses (1) In general Subject to paragraph (2), the State shall use all amounts received under subsection (a)(2) in accordance with all applicable Federal and State laws, for 1 or more of the following purposes: (A) Projects and activities for the purposes of coastal protection, conservation, and restoration, including onshore infrastructure and relocation of communities directly affected by coastal erosion, melting permafrost, or climate change-related losses. (B) Mitigation of damage to fish, wildlife, or natural resources. (C) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects and related rights-of-way. (D) Adaptation planning, vulnerability assessments, and emergency preparedness assistance to build healthy and resilient communities. (E) Installation and operation of energy systems to reduce energy costs and greenhouse gas emissions compared to systems in use as of the date of enactment of this Act. (F) Programs at institutions of higher education in the State. (G) Other purposes, as determined by the Governor of the State, with approval from the State legislature. (H) Planning assistance and the administrative costs of complying with this section. (2) Limitation Not more than 3 percent of amounts received by the State under subsection (a)(2) may be used for the purposes described in paragraph (1)(H). (e) Administration Amounts made available under paragraphs (2) and (3) of subsection (a) shall— (1) be made available, without further appropriation, in accordance with this section; (2) remain available until expended; and (3) be in addition to any amounts appropriated under any other provision of law. | https://www.govinfo.gov/content/pkg/BILLS-117s2996is/xml/BILLS-117s2996is.xml |
117-s-2997 | II 117th CONGRESS 1st Session S. 2997 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit a COVID–19 vaccination requirement for eligibility in nutrition programs.
1. Prohibition of COVID–19 vaccination requirement for eligibility in nutrition programs (a) Definition of nutrition program In this section, the term nutrition program means— (1) the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (2) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (3) the school breakfast program established under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (4) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (b) Prohibition In carrying out a nutrition program, the Secretary of Agriculture— (1) may not require a person to have received a COVID–19 vaccination for eligibility to participate in the nutrition program; and (2) shall prohibit a State agency carrying out the nutrition program from requiring a person to have received a COVID–19 vaccination for eligibility to participate in the nutrition program. | https://www.govinfo.gov/content/pkg/BILLS-117s2997is/xml/BILLS-117s2997is.xml |
117-s-2998 | II 117th CONGRESS 1st Session S. 2998 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the Commissioner of Social Security and any officer or employee of the Social Security Administration from requiring that any individual be vaccinated against COVID–19 as a condition of receiving benefits under titles II or XVI of the Social Security Act.
1. Prohibition on requiring COVID–19 vaccination as a condition of receiving social security or supplemental security income benefits Neither the Commissioner of Social Security nor any officer or employee of the Social Security Administration shall establish or enforce any requirement that an individual receive a COVID–19 vaccine as a condition of receiving a benefit under title II or XVI of the Social Security Act ( 42 U.S.C. 401 et seq. ; 1381 et seq.). | https://www.govinfo.gov/content/pkg/BILLS-117s2998is/xml/BILLS-117s2998is.xml |
117-s-2999 | II 117th CONGRESS 1st Session S. 2999 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prohibit the Secretary of Health and Human Services, any officer or employee of the Department of Health and Human Services, and States from requiring COVID–19 vaccination as a condition of eligibility for benefits or assistance under the Medicare, Medicaid, or CHIP programs.
1. Prohibition on requiring COVID–19 vaccination as a condition of eligibility for benefits or assistance under the Medicare, Medicaid, or CHIP programs Neither the Secretary of Health and Human Services nor any officer or employee of the Department of Health and Human Services (or, if applicable, the chief executive officer of a State or any officer or employee of a State or a State Medicaid or CHIP agency) shall establish or enforce any requirement that an individual receive a COVID–19 vaccine as a condition of the individual receiving benefits or assistance under any of the following programs: (1) The Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) The Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) The Children's Health Insurance Program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s2999is/xml/BILLS-117s2999is.xml |
117-s-3000 | II 117th CONGRESS 1st Session S. 3000 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit proof of COVID–19 vaccination status as a requirement for receiving assistance under a program funded by the Department of Housing and Urban Development, and for other purposes.
1. Prohibition on proof of COVID–19 vaccination requirement for HUD funding Notwithstanding any other provision of law, a Federal agency, or a State or local government, as a condition of receiving funding from the Department of Housing and Urban Development, may not require an individual to provide proof of COVID–19 vaccination in order to receive assistance under any program funded by the Department of Housing and Urban Development. | https://www.govinfo.gov/content/pkg/BILLS-117s3000is/xml/BILLS-117s3000is.xml |
117-s-3001 | II 117th CONGRESS 1st Session S. 3001 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To streamline enrollment in health insurance affordability programs and minimum essential coverage, and for other purposes.
1. Short title This Act may be cited as the Easy Enrollment in Health Care Act . 2. Definitions In this Act: (1) CHIP program The term CHIP program means a State plan for child health assistance under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ), including any waiver of such a plan. (2) Exchange The term Exchange means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 et seq. ). (3) Group health plan The term group health plan has the meaning given such term in section 5000(b)(1) of the Internal Revenue Code of 1986. (4) Household income The term household income has the meaning given such term in section 36B(d) of the Internal Revenue Code of 1986. (5) Household member The term household member means the taxpayer, the taxpayer's spouse, and any dependent of the taxpayer. (6) Family size The term family size has the meaning given such term in section 36B(d) of the Internal Revenue Code of 1986. (7) Insurance affordability program The term insurance affordability program means any of the following: (A) A Medicaid program. (B) A CHIP program. (C) The program under title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001 et seq. ) for the enrollment in qualified health plans offered through an Exchange, including the premium tax credits under section 36B of the Internal Revenue Code of 1986, cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ), and the advance payment of such credits and reductions under section 1412(a)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(a)(3) ). (D) A State basic health program under section 1331 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051 ). (E) Any other Federal, State, or local program that provides assistance for some or all of the cost of minimum essential coverage and requires eligibility for such program to be based in whole or in part on income, including such a program carried out through a waiver under section 1332 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18052 ) or a State program supplementing the advanced payment of tax credits and cost-sharing reductions under section 1412(a)(3) of such Act. (8) Medicaid program The term Medicaid program means a State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), including any waiver of such a plan. (9) Minimum essential coverage The term minimum essential coverage has the meaning given such term in section 5000A(f) of the Internal Revenue Code of 1986. (10) Modified adjusted gross income The term modified adjusted gross income has the meaning given such term in section 36B(d)(2)(B) of the Internal Revenue Code of 1986. (11) Net premium The term net premium , with respect to a health plan or other form of minimum essential coverage— (A) except as provided in subparagraph (B), means the payment from or on behalf of an individual required to enroll in such plan or coverage, after application of the premium tax credit under section 36B of the Internal Revenue Code of 1986, the advance payment of such credit under section 1412(a)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(a)(3) ), and any other assistance provided by an insurance affordability program; and (B) does not include any amounts described in section 36B(b)(3)(D) of the Internal Revenue Code of 1986 or section 1303(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023(b)(2) ). (12) Poverty line The term poverty line has the meaning given such term in section 36B(d)(3) of the Internal Revenue Code of 1986. (13) Qualified health plan The term qualified health plan has the meaning given such term in section 1301(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a) ). (14) Relevant return information The term relevant return information means, with respect to a taxpayer, any return information, as defined in section 6103(b)(2) of the Internal Revenue Code of 1986, which may be relevant, as determined by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services, with respect to— (A) determining, or facilitating determination of, the eligibility of any household member of the taxpayer for any insurance affordability program, either directly or through enabling access to additional information potentially relevant to such eligibility; or (B) enrolling, or facilitating the enrollment of, such individual in minimum essential coverage. (15) Single, streamlined application The term single, streamlined application means the form described in section 1413(b)(1)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(b)(1)(A) ). (16) Tax return preparer The term tax return preparer has the meaning given such term in section 7701(a)(36) of the Internal Revenue Code of 1986. (17) Zero net premium The term zero net premium , with respect to a health plan or other form of minimum essential coverage, means a net premium of $0.00 for such plan coverage. 3. Federal income tax returns used to facilitate enrollment into insurance affordability programs (a) In general Not later than January 1, 2024, the Secretary shall establish a program which allows any taxpayer who is not covered under minimum essential coverage at the time their return of tax for the taxable year is filed, as well as any other household member who is not covered under such coverage, to, in conjunction with the filing of their return of tax for any taxable year which begins after December 31, 2022, elect to— (1) have a determination made as to whether the household member who is not covered under such coverage is eligible for an insurance affordability program; and (2) have such household member enrolled into minimum essential coverage, provided that— (A) such coverage is provided through a zero-net-premium plan, and (B) the taxpayer does not— (i) opt out of coverage through the zero-net-premium plan, or (ii) select a different plan. (b) Taxpayer requirements and consent (1) In general Pursuant to the program established under subsection (a), the taxpayer may, in conjunction with the filing of their return of tax for the taxable year— (A) identify any household member who is not covered under minimum essential coverage at the time of such filing; and (B) with respect to each household member identified under subparagraph (A), elect whether to— (i) in accordance with section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by subsection (f)), consent to the disclosure and transfer to the applicable Exchange of any relevant return information for purposes of determining whether such household member may be eligible for any insurance affordability program and facilitating enrollment into such program and minimum essential coverage, including any further disclosure and transfer by the Exchange to any other entity as is deemed necessary to accomplish such purposes; and (ii) in the case consent is provided under clause (i) with respect to such household member, enroll such household member in any minimum essential coverage that is available with a zero net premium, if— (I) the member is eligible for such coverage through an insurance affordability program; and (II) the member does not, by the end of the special enrollment period described in section 4(c)(1)(A)— (aa) select a different plan offering minimum essential coverage; or (bb) opt out of such coverage that is available with a zero net premium. (2) Establishment of options for taxpayer consent and election For purposes of paragraph (1)(B), the Secretary, in consultation with the Secretary of Health and Human Services, may provide the elections under such paragraph as a single election or as 2 elections. (3) Supplemental form (A) In general In the case of a taxpayer who has consented to disclosure and transfer of relevant return information pursuant to paragraph (1)(B)(i), such taxpayer shall be enrolled in the insurance affordability program only if the taxpayer submits a supplemental form which is designed to collect additional information necessary (as determined by the Secretary of Health and Human Services) to establish eligibility for and enrollment in an insurance affordability program, which may include (except as provided in subparagraph (B)), with respect to each individual described in paragraph (1)(A), the following: (i) State of residence. (ii) Date of birth. (iii) Employment and the availability of benefits under a group health plan at the time the return of tax is filed. (iv) Any changed circumstances described in section 1412(b)(2) of the Patient Protection and Affordable Care Act; ( 42 U.S.C. 18082(b)(2) ). (v) Solely for the purpose of facilitating automatic renewal of coverage and eligibility redeterminations under section 1413(c)(3)(A) of such Act ( 42 U.S.C. 18083(c)(3)(A) ), authorization for the Secretary to disclose relevant return information for subsequent taxable years to insurance affordability programs. (vi) Any methods preferred by the taxpayer or household member for the purpose of being contacted by the applicable Exchange or insurance affordability program with respect to any eligibility determination for, or enrollment in, an insurance affordability program or minimum essential coverage, such as an email address or a phone number for calls or text messages. (vii) Information about household composition that— (I) may affect eligibility for an insurance affordability program, and (II) is not otherwise included on the return of tax. (viii) Such other information as the Secretary, in consultation with the Secretary of Health and Human Services, may require, including information requested on the single, streamlined application. (B) Limitations The information obtained through the form described in subparagraph (A) may not include any request for information with respect to citizenship, immigration status, or health status of any household member. (C) Additional information The form described in subparagraph (A) and the accompanying tax instructions may provide the taxpayer with additional information about insurance affordability programs, including information provided to applicants on the single, streamlined application. (D) Accessibility (i) In general The Secretary shall ensure that the form described in subparagraph (A) is made available to all taxpayers without discrimination based on language, disability, literacy, or internet access. (ii) Rule of construction Nothing in clause (i) shall be construed as diminishing, reducing, or otherwise limiting any other legal obligation for the Secretary to avoid or to prevent discrimination. (4) Return language The Secretary, in consultation with the Secretary of Health and Human Services, shall, with respect to any items described in this subsection which are to be included in a taxpayer’s return of tax, develop language for such items which is as simple and clear as possible (such as referring to insurance affordability programs as free or low-cost health insurance ). (c) Tax return preparers (1) In general With respect to any information submitted in conjunction with a tax return solely for purposes of the program described in subsection (a), any tax return preparer involved in preparing the return containing such information shall not be obligated to assess the accuracy of such information as provided by the taxpayer. (2) Submission of information As part of the program described in subsection (a), the Secretary shall establish methods to allow for the immediate transfer of any relevant return information to the applicable Exchange and insurance affordability programs in order to increase the potential for immediate determinations of eligibility for and enrollment in insurance affordability programs and minimum essential coverage. (d) Transfer of information through secure interface (1) In general As part of the program established under subsection (a), the Secretary shall develop a secure, electronic interface allowing an exchange of relevant return information with the applicable Exchange in a manner similar to the interface described in section 1413(c)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(c)(1) ). Upon receipt of such information, the applicable Exchange may convey such information to any other entity as needed to facilitate determination of eligibility for an insurance affordability program or enrollment into minimum essential coverage. (2) Transfer by Treasury or tax preparers (A) In general The interface described in paragraph (1) shall allow, for any taxpayer who has provided consent pursuant to subsection (b)(1)(B)(i), for relevant return information, along with confirmation that the Secretary has accepted the return filing as meeting applicable processing criteria, to be transferred to an applicable Exchange by— (i) the Secretary; or (ii) pursuant to such requirements and standards as are established by the Secretary (in consultation with the Secretary of Health and Human Services)— (I) if the Secretary is not able to transfer such information to the applicable Exchange, the taxpayer; or (II) the tax return preparer who prepared the return containing such information. (B) Transfer requirements As soon as is practicable after the filing of a return described in subsection (a) in which the taxpayer has provided consent pursuant to subsection (b)(1)(B)(i), the Secretary shall provide for all relevant return information to be transferred to the applicable Exchange. (C) Data security Any transfer of relevant return information described in this subsection shall be conducted— (i) pursuant to interagency agreements that ensure data security and maintain privacy in a manner that satisfies the requirements under section 1942(b) of the Social Security Act ( 42 U.S.C. 1396w–2(b) ); and (ii) in the case of any taxpayer filing their tax return electronically, in a manner that maximizes the opportunity for such taxpayer, as part of the process of filing such return, to immediately— (I) obtain a determination with respect to the eligibility of any household member for any insurance affordability program; and (II) enroll in minimum essential coverage. (e) Errors that affect eligibility for insurance affordability programs The Secretary of Health and Human Services, in consultation with the Secretary, shall establish procedures for addressing instances in which an error in relevant return information that was transferred to an Exchange under subsection (d) may have resulted in a determination that an individual is eligible for more or less assistance under an insurance affordability program than the assistance for which the individual would otherwise have been eligible without the error. Such procedures shall include procedures for— (1) the reporting of such error to the individual, the Secretary of Health and Human Services, and the applicable Exchange and insurance affordability program, regardless of whether such error was included in an amendment to the tax return; and (2) correcting, as soon as practicable, the individual’s eligibility status for insurance affordability programs, subject to, in the case of reduced eligibility for assistance, any right of notice and appeal under laws governing the applicable insurance affordability program, including section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ). (f) Disclosure of return information for determining eligibility for insurance affordability programs and enrollment into minimum essential health coverage (1) In general Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (23) Disclosure of return information for determining eligibility for insurance affordability programs and enrollment into minimum essential health coverage (A) In general In the case of any taxpayer who has consented to the disclosure and transfer of any relevant return information with respect to any household member pursuant to section 3(b) of the Easy Enrollment in Health Care Act , the Secretary shall disclose such information to the applicable Exchange. (B) Restriction on disclosure Return information disclosed under subparagraph (A) may be— (i) used by an Exchange only for the purposes of, and to the extent necessary in— (I) determining eligibility for an insurance affordability program, or (II) facilitating enrollment into minimum essential coverage, and (ii) further disclosed by an Exchange to any other person only for the purposes of, and to the extent necessary, to carry out subclauses (I) and (II) of clause (i). (C) Definitions For purposes of this paragraph, the terms relevant return information , Exchange , insurance affordability program , and minimum essential coverage have the same meanings given such terms under section 2 of the Easy Enrollment in Health Care Act . . (2) Safeguards Section 6103(p)(4) of the Internal Revenue Code of 1986 is amended by inserting or any Exchange described in subsection (l)(23), after or any entity described in subsection (l)(21), each place it appears. (g) Applications for insurance affordability programs without reliance on federal income tax returns (1) Rule of construction Nothing in this Act shall be construed as requiring any individual, as a condition of applying for an insurance affordability program, to— (A) file a return of tax for any taxable year for which filing a return of tax would not otherwise be required for such taxable year; or (B) consent to disclosure of relevant return information under subsection (b)(1)(B)(i). (2) Methods and procedures Any agency administering an insurance affordability program shall implement methods and procedures, as prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, through which, in the case of an individual applying for an insurance affordability program without filing a return of tax or consenting to disclosure of relevant return information under subsection (b)(1)(B)(i), the program determines household income and family size for— (A) a calendar year described in section 1902(e)(14)(D)(vii)(I) of the Social Security Act ( 42 U.S.C. 1396a ), as added by section 5(b); and (B) an applicable taxable year, as defined in section 36B(c)(5) of the Internal Revenue Code of 1986 (as added by section 5(c)). (h) Secretary In this section, the term Secretary means the Secretary of the Treasury, or the Secretary's delegate. 4. Exchange use of relevant return information (a) In general An Exchange that receives relevant return information under section 3(d) with respect to a taxpayer who has provided consent under section 3(b)(1)(B) shall— (1) minimize additional information (if any) that is required to be provided by such taxpayer for a household member to qualify for any insurance affordability program by, whenever feasible, qualifying such household member for such program based on— (A) relevant information provided on the tax return filed by the taxpayer, including information on the supplemental form described in section 3(b)(3); and (B) information from other reliable third-party data sources that is relevant to eligibility for such program but not available from the return, including information obtained through data matching based on social security numbers, other identifying information, and other items obtained from such return; (2) determine the eligibility of any household member for the CHIP program and, where eligibility is determined based on modified adjusted gross income, the Medicaid program, as required under section 1413 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083 ) and section 1943 of the Social Security Act ( 42 U.S.C. 1396w–3 ), subject to any right of notice and appeal under laws governing such programs, including section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ); (3) to the extent that any additional information is necessary for determining the eligibility of any household member for an insurance affordability program, obtain such information in the manner that— (A) imposes the lowest feasible procedural burden to the taxpayer, including— (i) in the case of a taxpayer filing their tax return electronically, online collection of such information at or near the time of such filing; and (ii) prior to a denial of eligibility or enrollment due to failure to provide such information, attempting to contact the taxpayer multiple times using the preferred contact methods described in section 3(b)(3)(A)(vi); and (B) provides the individual with all procedural protections that would otherwise be available in applying for such program, including the reasonable opportunity period described in section 1137(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1320b–7(d)(4)(A) ); and (4) when an individual is found eligible for an insurance affordability program other than the Medicaid program— (A) enable such individual, through procedures prescribed by the Secretary of Health and Human Services, to seek coverage under the Medicaid program or CHIP program by providing additional information demonstrating potential eligibility for such program, with any resulting determination subject to rights of notice and appeal under laws governing insurance affordability programs, including section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ); and (B) provide such individual with notice of such procedures. (b) Medicaid and CHIP (1) State options (A) In general In a State for which the Secretary of Health and Human Services is determining eligibility for individuals who apply for insurance affordability programs at the Exchange serving residents of the individual’s State, the Secretary of Health and Human Services shall present the State with not less than 3 sets of options for verification procedures and business rules that the Exchange serving residents of such State shall use in determining eligibility for the State Medicaid program and CHIP program with respect to individuals who are household members described in section 3(b)(1)(B). Notwithstanding any other provision of law, the Secretary of Health and Human Services may present each State with the same 3 sets of options, provided that each set can be customized to reflect each State’s decisions about optional eligibility categories and criteria for the Medicaid program and CHIP program. (B) Business rules The business rules described in subparagraph (A) shall specify detailed eligibility determination rules and procedures for processing initial applications and renewals, including— (i) the Secretary’s use of data from State agencies and other sources described in subsection (c)(3)(A)(ii) of section 1413 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083 ); and (ii) the circumstances for administrative renewal of eligibility for the Medicaid program and the CHIP program, based on data showing probable continued eligibility. (C) Default In the case of a State described in subparagraph (A) that does not select an option from the set presented under such subparagraph within a timeframe specified by the Secretary of Health and Human Services, the Secretary of Health and Human Services shall determine the option that the Exchange shall use for such State for the purposes described in such subparagraph. (D) Rule of construction Nothing in this paragraph shall be construed as requiring a State to provide benefits under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 1397aa et seq.) to a category of individuals, or to set an income eligibility threshold for benefits under such titles at a certain level, if the State is not otherwise required to do so under such titles. (2) Enrollment (A) In general If the Exchange in a State determines that an individual described in paragraph (1)(A) is eligible for benefits under the State Medicaid program or CHIP program, the Exchange shall send the relevant information about the individual to the State and, if consent has been given under section 3(b)(1)(B) to enrollment in a health plan or other form of minimum essential coverage with a zero net premium, the State shall enroll such individual in the State Medicaid program or CHIP program (as applicable) as soon as practicable, except as provided in subparagraphs (B) and (D). (B) Exception A State shall not enroll an individual in coverage under the State Medicaid program or CHIP program without the affirmative consent of the individual if the individual would be required to pay a premium for such coverage. (C) Managed care If the State Medicaid program or CHIP program requires an individual enrolled under subparagraph (A) to receive coverage through a managed care organization or entity, the State shall use a procedure for assigning the individual to such an organization or entity (including auto-assignment procedures) that is commonly used in the State when an individual who is found eligible for such program does not affirmatively select a particular organization or entity. (D) Opt-out procedures Notwithstanding subparagraph (A), an individual described in such subparagraph shall be given one or more opportunities to opt out of coverage under a State Medicaid program or CHIP program, using procedures prescribed by the Secretary of Health and Human Services. (c) Advance premium tax credits for qualified health plans (1) In general In the case where a taxpayer has filed their return of tax for a taxable year on or before the date specified under section 6072(a) of the Internal Revenue Code of 1986 with respect to such year and has provided consent described in section 3(b)(1)(B)(i), if the Exchange has determined that an applicable household member has not qualified for the Medicaid program or the CHIP program, such Exchange shall— (A) in addition to any such period that may otherwise be available, provide a special enrollment period that begins on the date the taxpayer has provided such consent; and (B) determine— (i) whether the taxpayer would, pursuant to section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ), be eligible for advance payment of the premium assistance tax credit under section 36B of the Internal Revenue Code of 1986 if such household member of the taxpayer were enrolled in a qualified health plan; and (ii) if the taxpayer has made the election described in section 3(b)(1)(B)(ii), whether such household member has one or more options to enroll in a qualified health plan with a zero net premium. (2) Enrollment in a qualified health plan with a zero net premium (A) In general In the case that a household member described in paragraph (1) has one or more options to enroll in a qualified health plan with a zero net premium, and consent has been given under section 3(b)(1)(B) for enrollment of such household member in a qualified health plan with a zero net premium— (i) the Exchange shall identify a set of options (as described in subparagraph (B)) for qualified health plans offering a zero net premium; and (ii) from such set, select a qualified health plan as the default enrollment choice for the household member in accordance with subparagraph (C). (B) Option sets (i) In general In the case that multiple qualified health plans with a zero net premium are available with more than 1 actuarial value, the Exchange shall limit the set of options under subparagraph (A)(i) to such qualified health plans with the highest available actuarial value. (ii) Further restrictions In the case described in clause (i), the Exchange may further limit the set of options under subparagraph (A)(i), among the qualified health plans that have the highest available actuarial value as described in clause (i), based on the generosity of such plans' coverage of services not subject to a deductible. (iii) Definition of highest actuarial value For purposes of this subparagraph, the term highest actuarial value means the highest actuarial value among— (I) the levels of coverage described in paragraph (1) of section 1302(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d) ), without regard to allowable variance under paragraph (3) of such section; and (II) as applicable, the levels of coverage that result from the application of cost-sharing reductions under section 1402 of such Act ( 42 U.S.C. 18071 ). (C) Selecting a default option The Secretary of Health and Human Services shall establish procedures that Exchanges may use in selecting, from the set of options described in subparagraph (B), the default enrollment choice under subparagraph (A)(ii). Such procedures shall include— (i) State options for randomization among health insurance issuers; and (ii) factors that may be used to weight such randomization. (D) Notification of default enrollment As soon as possible after an Exchange has identified a default enrollment choice for an individual under subparagraph (A)(ii), the Exchange shall provide the individual with notice of such selection. The notice shall include— (i) a description of coverage provided by the selected qualified health plan; (ii) encouragement to learn about all available qualified health plan options before the end of the special enrollment period under paragraph (1)(A) and to select a plan that best meets the needs of the individual and the individual’s family; (iii) an explanation that, if the individual does not select a qualified health plan by the end of such special enrollment period or opt out of default enrollment in accordance with the process described in clause (iv), the Exchange will enroll the individual in such selected qualified health plan in accordance with subparagraph (E); (iv) an explanation of the opt-out process preceding implementation of default enrollment, which shall meet standards prescribed by the Secretary of Health and Human Services; and (v) information on options for assistance with enrollment and plan choice, including publicly funded navigators and private brokers and agents approved by the Exchange. (E) Default enrollment (i) In general Subject to subparagraph (F), an Exchange shall enroll in a default enrollment choice any individual who— (I) is sent a notice under subparagraph (D); and (II) fails to select a different qualified health plan, or opt out of default enrollment under this paragraph, by the end of the special enrollment period described in paragraph (1)(A). (ii) Updated notice At the time of the default enrollment described in clause (i), the Exchange shall send a notice to the individual explaining that default enrollment has occurred, describing the plan into which the individual has been enrolled, and explaining the reconsideration procedures described in subparagraph (F). (F) Reconsideration (i) In general Not later than 30 days after receiving a notice under subparagraph (E)(ii), the individual receiving such notice may use a method provided by the Exchange to indicate— (I) the individual’s decision to disenroll from the qualified health plan selected under subparagraph (A)(ii); or (II) in the case of a household member for whom the selected qualified health plan under such subparagraph is a high cost-sharing qualified health plan, the individual’s decision to enroll in a specified lower cost-sharing qualified health plan, identified by the Exchange, that is offered by the same health insurance issuer that sponsors the qualified health plan that was selected under such subparagraph. (ii) Definitions For purposes of this subparagraph: (I) High cost-sharing qualified health plan The term high cost-sharing qualified health plan means— (aa) in the case of a household member with a household income at or below 200 percent of the poverty line, a qualified health plan that is not at the silver level; or (bb) in the case of a household member with a household income above 200 percent of the poverty line, a qualified health plan that is not at the gold or platinum level. (II) Specified lower cost-sharing qualified health plan The term specified lower cost-sharing qualified health plan means— (aa) in the case of a household member with a household income at or below 200 percent of the poverty line, the lowest-premium qualified health plan offered by the health insurance issuer that is at the silver level; or (bb) in the case of a household member with a household income above 200 percent of the poverty line, the lowest-premium qualified health plan offered by the health insurance issuer that is at the gold level. 5. Modernizing eligibility criteria for insurance affordability programs (a) Improving the stability and predictability of Medicaid and CHIP coverage (1) In general Section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by striking paragraph (12) and inserting the following: (12) Continuous eligibility (A) Continuous eligibility option for children At the option of the State, the plan may provide that an individual who is under an age specified by the State (not to exceed 19 years of age) and who is determined to be eligible for benefits under a State plan approved under this title under subsection (a)(10)(A) shall remain eligible for those benefits until the earlier of— (i) the end of a period (not to exceed 12 months) following the determination; or (ii) the time that the individual exceeds that age. (B) Continuous coverage for certain eligible individuals subject to modified adjusted gross income criteria (i) In general At the option of the State, the State may provide that an individual who is determined to be eligible for benefits under the State plan (or a waiver of such plan), who is under such age as the State may specify, and whose eligibility is based on satisfaction of modified adjusted gross income requirements shall remain eligible for those benefits until the end of a period specified by the State (not to exceed 12 months) following such determination. (ii) Requirement to provide continuous coverage from 2023 to 2030 During the period beginning on January 1, 2023, and ending on December 31, 2030, clause (i) shall be applied— (I) by substituting The State shall provide for At the option of the State, the State may provide ; (II) by striking , who is under such age as the State may specify, ; and (III) by substituting the 12 month period for a period specified by the State (not to exceed 12 months) . (C) Eligibility category flexibility A State shall ensure that, notwithstanding the application of a continuous coverage period under this paragraph, an individual who is enrolled under the State plan (or a waiver of such plan) shall be permitted to change the eligibility category under which the individual is enrolled during such a period if the new eligibility category would result in the individual receiving greater benefits under the plan (or waiver) or in a reduction to the premiums or cost-sharing imposed on the individual under the plan (or waiver). . (2) Application to CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— (A) by redesignating subparagraphs (H) through (T) as subparagraphs (I) through (U), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: (H) Section 1902(e)(12) (relating to the provision of continuous coverage), except that, in addition to ensuring that an individual may change the eligibility category under which the individual is enrolled under this title during a continuous coverage period under such section, the State shall also ensure that an individual shall be permitted during such period to enroll in the State plan under title XIX (or a waiver of such plan). . (3) Effective date The amendments made by this subsection shall take effect on October 1, 2021. (b) Income eligibility determinations for Medicaid and CHIP (1) In general Section 1902(e)(14)(D) of the Social Security Act ( 42 U.S.C. 1396a(e)(14)(D) ) is amended by adding at the end the following new clauses: (vi) SNAP and TANF eligibility findings (I) In general Subject to subclause (III), a State shall provide that an individual for whom a finding has been made as described in clause (II) shall meet applicable eligibility for assistance under the State plan or a waiver of the plan involving financial eligibility, citizenship or satisfactory immigration status, and State residence. A State shall rely on such a finding both for the initial determination of eligibility for medical assistance under the plan or waiver and any subsequent redetermination of eligibility. (II) Findings described A finding described in this subclause is a determination made within a reasonable period (as determined by the Secretary) by a State agency responsible for administering the Temporary Assistance for Needy Families program under part A of title IV or the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008 that an individual is eligible for benefits under such program. (III) Limitation A State shall be required to rely on the findings of the State agency responsible for administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 only in the case of— (aa) an individual who is under 19 years of age; or (bb) an individual who is described in subsection (a)(10)(A)(i)(VIII). (IV) State option A State may rely on the findings of the State agency responsible for administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 in the case of an individual not described in subclause (III). (vii) Recent annual income establishing eligibility (I) In general For purposes of determining the income eligibility for medical assistance of an individual whose eligibility is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall provide that an individual whose eligibility date occurs in January, February, March, or April of a calendar year shall be financially eligible if the individual’s modified adjusted gross income for the preceding calendar year satisfies the income eligibility requirement applicable to the individual. (II) Definition For purposes of this clause, an eligibility date means— (aa) in the case of an individual who is not receiving medical assistance when the individual applies for an insurance affordability program (as defined in section 2 of the Easy Enrollment in Health Care Act ), whether such application takes place through section 3(b) of such Act or otherwise, the date on which such individual applies for such program; and (bb) in the case of an individual who is receiving medical assistance and whose continued eligibility for such assistance is being redetermined, the date on which the individual is determined to satisfy all eligibility requirements applicable to the individual other than income eligibility. (III) Rules of construction (aa) Eligibility determinations during May through December Nothing in subclause (I) shall be construed as diminishing, reducing, or otherwise limiting the State’s obligation to grant eligibility, under circumstances other than those described in such subclause, based on data that include income shown on an individual’s tax return, including the obligation under section 1413(c)(3)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(c)(3)(A) ). (bb) Alternative grounds for eligibility Nothing in subclause (I) shall be construed as diminishing, reducing, or otherwise limiting grounds for eligibility other than those described in such subclause, including eligibility based on income as of the point in time at which an application for medical assistance under the State plan or a waiver of the plan is processed. (cc) Qualifying for additional assistance Notwithstanding subclause (I), a State shall use an individual's modified adjusted gross income as determined as of the point in time at which the individual's application for medical assistance is processed or, in the case of redetermination of eligibility, projected annual income, to determine the individual's eligibility for medical assistance if using the individual's modified adjusted gross income, as so determined, would result in the individual being eligible for greater benefits under the State plan (or a waiver of such plan) or in the imposition of lower premiums or cost-sharing on the individual under the plan (or waiver) than if the individual's eligibility was determined using the modified adjusted gross income of the individual as shown on the individual's tax return for the preceding calendar year. . (2) Conforming amendment Section 1902(e)(14)(H)(i) of the Social Security Act ( 42 U.S.C. 1396a(e)(14)(H)(i) ) is amended by inserting except as provided in subparagraph (D)(vii)(I), before the requirement . (3) Effective date The amendments made by this subsection shall take effect on January 1, 2023. (c) Improving the stability and predictability of exchange coverage (1) Internal Revenue Code of 1986 Section 36B of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)— (i) in paragraph (2)(B)(ii), by striking taxable year and inserting applicable tax year , and (ii) in paragraph (3)— (I) in subparagraph (A)— (aa) in clause (i), by striking taxable year and inserting applicable taxable year , and (bb) in clause (ii)(I), by inserting (or, in the case of applicable taxable years beginning in any calendar year after 2023) after 2014 , and (II) in subparagraph (B)— (aa) in clause (ii)(I)(aa), by striking the taxable year each place it appears and inserting the applicable taxable year , and (bb) in the flush matter at the end— (AA) striking files a joint return and no credit is allowed and inserting filed a joint return during the applicable taxable year and no credit was allowed , and (BB) striking unless a deduction is allowed under section 151 for the taxable year and inserting unless a deduction was allowed under section 151 for the applicable taxable year , (B) in subsection (c)— (i) in paragraph (1)— (I) in subparagraphs (A) and (C), by striking taxable year each place it appears and inserting applicable taxable year , and (II) in subparagraph (D), by striking is allowable and all that follows through the period and inserting was allowable to another taxpayer for the applicable taxable year. , (ii) in paragraph (2)(C), by adding at the end the following: (v) Time period (I) In general Except as provided under subclause (II), eligibility for minimum essential coverage under this subparagraph shall be based on the individual’s eligibility for employer-sponsored minimum essential coverage during the open enrollment period (or during a special enrollment period for an individual who enrolls or who changes their qualified health plan during a special enrollment period), as determined by the applicable Exchange. (II) Exception An individual shall be considered eligible for minimum essential coverage under clause (iii) for a month for which such Exchange has determined, subject to rights of notice and appeal under laws governing the applicable insurance affordability program (including section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) )), that the individual is covered by an eligible employer-sponsored plan. , and (iii) by adding at the end the following: (5) Applicable taxable year The term applicable taxable year means— (A) with respect to a coverage month that is January, February, March, April, or May, the most recent taxable year that ended at least 12 months before January 1 of the plan year, and (B) with respect to any coverage month not described in subparagraph (A), the most recent taxable year that ended before January 1 of the plan year. (6) Exchange The term Exchange means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 et seq. ). (7) Open enrollment period The term open enrollment period means an open enrollment period described in subsection (c)(6)(B) of section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ). , (C) in subsection (d)— (i) in paragraph (1)— (I) by striking is allowed and inserting was allowed , and (II) by inserting applicable before taxable year , (ii) in paragraph (3)(B), by inserting applicable before taxable year , (D) in subsection (e)(1)— (i) by striking is allowed and inserting was allowed , and (ii) by inserting applicable before taxable year , and (E) in subsection (f)(2)— (i) in subparagraph (A), by striking If and inserting Except as provided in subparagraphs (B) and (C), if , and (ii) by inserting at the end the following: (C) Safe harbor (i) Income and family size No increase under subparagraph (A) shall be imposed if the advance payments do not exceed amounts that are consistent with income and family size, either— (I) as shown on the return of tax for the applicable plan year, provided such return was accepted by the Secretary as meeting applicable processing criteria, or (II) as determined by the applicable Exchange under subsection (b)(4) of section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ). (ii) Employer-sponsored minimum essential coverage No increase under subparagraph (A) shall be imposed based on eligibility for minimum essential coverage under subsection (c)(2)(C) if the applicable Exchange— (I) determined, under clause (v)(I) of such subsection, that the individual was ineligible for employer-sponsored minimum essential coverage, and (II) did not determine, under clause (v)(II) of such subsection, that the individual was covered through employer-sponsored minimum essential coverage. (iii) Exception Clauses (i) and (ii) shall not apply to the extent that any determination described in such clauses was based on a false statement by the taxpayer which— (I) was intentional or grossly negligent, and (II) was— (aa) made on a return of tax, or (bb) provided or caused to be provided to an Exchange by the taxpayer. . (2) Patient Protection and Affordable Care Act Section 1412(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(b) ) is amended— (A) in paragraph (1)(B), by striking the most recent and all that follows through the period at the end and inserting the applicable taxable year, as defined in section 36B(c)(5) of the Internal Revenue Code of 1986. ; (B) in paragraph (2)(B), by striking second preceding taxable year and inserting applicable taxable year, as defined in such section 36B(c)(5) ; and (C) by adding at the end the following: (3) Change form If, after the submission of an individual’s application form, the individual experiences changes in circumstances as described in paragraph (2), the individual may, by submitting a change form as prescribed by the Secretary, apply for an increased amount of advance payments of the premium tax credit under section 36B of the Internal Revenue Code of 1986, increased cost-sharing reductions under section 1402, increased assistance under the basic health program under section 1331, and coverage through a State Medicaid program or CHIP program. (4) Eligibility for additional assistance (A) In general The Secretary, in consultation with the Secretary of the Treasury, shall establish a process through which— (i) an Exchange determines, through data sources and procedures described in sections 1411 and 1413 ( 42 U.S.C. 18081 ; 42 U.S.C. 18083 ), whether each individual who has submitted a change form under paragraph (3) has experienced substantial changes in circumstances that warrant additional assistance through an insurance affordability program, as defined in section 2 of the Easy Enrollment in Health Care Act ; (ii) in the case the Exchange determines an individual has experienced substantial changes in circumstances as described in clause (i), the Exchange conveys such determination to the Secretary of the Treasury under section 36B(f) of the Internal Revenue Code of 1986 and to the administrator of an insurance affordability program for which the individual may qualify under that determination; and (iii) in the case the Exchange determines an individual has experienced substantial changes in circumstances described in clause (i), the individual may qualify without delay for additional advance premium tax credits under section 36B of the Internal Revenue Code of 1986, increased cost-sharing reductions under section 1402, additional basic health program assistance under section 1331, or coverage through a State Medicaid program or CHIP program. (B) Rights to notice and appeal A determination made by an Exchange under this paragraph shall be subject to any applicable rights of notice and appeal, including such rights under section 1411(f). . (3) Effective dates The amendments made by this subsection shall take effect on January 1, 2024, and continue in effect through December 31, 2030. 6. Strengthening data infrastructure for eligibility for insurance affordability programs (a) Insurance Affordability Program access to National Directory of New Hires Section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ) is amended by adding at the end the following new paragraphs: (5) Administration of insurance affordability programs (A) In general The Secretary shall provide access to insurance affordability programs (as such term is defined in section 2 of the Easy Enrollment in Health Care Act ) to information in the National Directory of New Hires that involves— (i) identity, employer, quarterly wages, and unemployment compensation, to the extent such information is potentially relevant to determining the eligibility or scope of coverage of an individual for benefits provided by such a program; and (ii) new hires, to the extent such information is potentially relevant to determining whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986. (B) Reimbursement of HHS costs Insurance affordability programs shall reimburse the Secretary, in accordance with subsection (k)(3), for the additional costs incurred by the Secretary in furnishing information under this paragraph. . (b) Use of information from the National Directory of New Hires Notwithstanding any other provision of law— (1) in determining an individual’s eligibility for advance payment of premium tax credits under section 1412(a)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(a)(3) ), and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ), and a basic health program under section 1331 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051 ), an Exchange may use information about identity, employer, quarterly wages, and unemployment compensation in the National Directory of New Hires, and information about new hires to determine whether an individual is offered minimum essential coverage through a group health plan, as defined in section 5000(b)(1) of the Internal Revenue Code of 1986, subject to notice and appeal rights for any resulting eligibility determination, including the rights described in section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ); and (2) Medicaid programs and CHIP programs may use information in the National Directory of New Hires about identity, employer, quarterly wages, and unemployment compensation to determine eligibility and to implement third-party liability procedures or premium assistance programs otherwise permitted or mandated under Federal law, and use information about new hires to implement such procedures and policies, subject to notice and appeal rights for any resulting determination, including those available under title XIX or title XXI of the Social Security Act or under section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) ). (c) Use of information about eligibility for or receipt of group health coverage Notwithstanding any other provision of Federal or State law: (1) In general Subject to the requirements described in paragraph (2), for purposes of determining eligibility and, in the case of a Medicaid program, for purposes of determining the applicability of third-party liability procedures or premium assistance policies otherwise permitted or mandated under Federal law, an insurance affordability program shall have access to any source of information, maintained by or accessible to a public entity, about receipt or offers of coverage through a group health plan, as defined in section 2 of the Easy Enrollment in Health Care Act . Such sources shall include— (A) information maintained by or accessible to the Secretary of Health and Human Services for purposes of implementing section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ); (B) information maintained by or accessible to a State Medicaid program for purposes of implementing subsections (a)(25) or (a)(60) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ); and (C) information reported under sections 6055 and 6056 of the Internal Revenue Code of 1986. (2) Requirements An insurance affordability program shall obtain the information described in paragraph (1) pursuant to an interagency or other agreement, consistent with standards prescribed by the Secretary of Health and Human Services, in consultation with the Secretary, that prevents the unauthorized use, disclosure, or modification of such information and otherwise protects privacy and data security. (d) Authorization To receive relevant information (1) In general Notwithstanding any other provision of law, a Federal or State agency or private entity in possession of the sources of data potentially relevant to eligibility for an insurance affordability program is authorized to convey such data or information to the insurance affordability program, and such program is authorized to receive the data or information and to use it in determining eligibility. (2) Application of requirements and penalties A conveyance of data to an insurance affordability program under this subsection shall be subject to the same requirements that apply to a conveyance of data to a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) under section 1942 of such Act ( 42 U.S.C. 1396w–2 ), and the penalties that apply to a violation of such requirements, including penalties that apply to a private entity making a conveyance. (e) Electronic transmission of information In determining an individual's eligibility for an insurance affordability program, the program shall— (1) with respect to verifying an element of eligibility that is based on information from an Express Lane Agency (as defined in section 1902(e)(13)(F) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(F) )), from another public agency, or from another reliable source of relevant data, waive any otherwise applicable requirement that the individual must verify such information, provide an attestation as to the subject of such information, or provide a signature for attestations that include that subject, before the individual is enrolled into minimum essential coverage; and (2) satisfy any otherwise applicable signature requirement with respect to an individual’s enrollment in an insurance affordability program through an electronic signature (as defined in section 1710(1) of the Government Paperwork Elimination Act ( 44 U.S.C. 3504 note)). (f) Rule of construction Nothing in this section shall be construed as diminishing, reducing, or otherwise limiting the legal authority for an insurance affordability program to grant eligibility, in whole or in part, based on an attestation alone, without requiring verification through data matches or other sources. 7. Funding for information technology development and operations (a) In general Out of amounts in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services such sums as may be necessary to establish information exchange and processing infrastructure and operate all information exchange and processing procedures described in this Act, including for the costs of staff and contractors. (b) Agencies receiving funding The Secretary of Health and Human Services may, as necessary and in accordance with the procedures described in subsection (c), transfer amounts appropriated under subsection (a) to entities that include the following for the purposes described in such subsection: (1) The Secretary of the Treasury, including the Internal Revenue Service. (2) The Office of Child Support Enforcement of the Department of Health and Human Services. (3) A State-administered insurance affordability program, including a Medicaid or CHIP program and a State basic health program under section 1331 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051 ). (4) An entity operating an Exchange. (5) A third-party data source, which may be a public or private entity. (c) Procedures The Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish procedures for the entities described in subsection (b) to request a transfer of funding from the amounts appropriated under subsection (a), including procedures for reviewing such requests, modifying and approving such requests, appealing decisions about transfers, and auditing such transfers. 8. Conforming statutory changes (a) State income and eligibility verification systems Section 1137 of the Social Security Act ( 42 U.S.C. 1320b–7 ) is amended— (1) in subsection (a)(1), by inserting (in the case of an individual who has consented to the disclosure and transfer of relevant return information that includes the individual's social security account number pursuant to section 3(b)(1)(B) of the Easy Enrollment in Health Care Act , the State shall deem such individual to have satisfied the requirement to furnish such account number to the State under this paragraph) before the semicolon; and (2) in subsection (d)— (A) in paragraph (1)(A), by striking The State shall require and inserting Subject to paragraph (6), the State shall require ; and (B) by adding at the end the following new paragraph: (6) Satisfaction of requirement through reliable data matches In the case of an individual applying for the program described in paragraph (2) or the Children’s Health Insurance Program under title XXI of this Act, the program shall not require an individual to make the declaration described in paragraph (1)(A) if the procedures established pursuant to section 3(a)(1) of the Easy Enrollment in Health Care Act or section 1413(c)(2)(B)(ii)(II) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(c)(2)(B)(ii)(II) ) were used to verify the individual’s citizenship, based on the individual’s social security number as well as other identifying information, which may include such facts as name and date of birth, that increases the accuracy of matches with applicable sources of citizenship data. . (b) Eligibility determinations under PPACA Section 1411(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(b) ) is amended— (1) in paragraph (3), by striking subparagraph (A) and inserting the following: (A) Information regarding income and family size The information described in paragraphs (21) and (23) of section 6103(l) of the Internal Revenue Code of 1986 for the applicable tax year, as defined in section 36B(c)(5) of such Code. ; and (2) by adding at the end the following: (6) Receipt of information The requirements for providing information under this subsection may be satisfied through data submitted to the Exchange through reliable data matches, rather than by the applicant providing information. In the case described in paragraph (2)(A), data matches shall not be used for this purpose unless they meet the requirements described in section 1137(b)(6) of the Social Security Act ( 42 U.S.C. 1320b–7(b)(6) ). . 9. Advisory committee (a) In general The Secretary of the Treasury, in conjunction with the Secretary of Health and Human Services, shall establish an advisory committee to provide guidance to both Secretaries in carrying out this Act. The members of the committee shall include— (1) national experts in behavioral economics, other behavioral science, insurance affordability programs, enrollment and retention in health programs and other benefit programs, public benefits for immigrants, public benefits for other historically marginalized or disadvantaged communities, and Federal income tax policy and operations; and (2) representatives of all relevant stakeholders, including— (A) consumers; (B) health insurance issuers; (C) health care providers; and (D) tax return preparers. (b) Purview The advisory committee established under subsection (a) shall be solicited for advice on any topic chosen by the Secretary of the Treasury or the Secretary of Health and Human Services, including (at a minimum) all matters as to which a provision in this Act, other than subsection (a), requires a consultation between the Secretary of the Treasury and the Secretary of Health and Human Services. 10. Study (a) In general The Secretary of Health and Human Services shall conduct a study analyzing the impact of this Act and making recommendations for— (1) State pilot projects to test improvements to this Act, including an analysis of policies that automatically enroll eligible individuals into group health plans; (2) modifying open enrollment periods for exchanges and plan years so that open enrollment coincides with filing of Federal income tax returns; and (3) other steps to improve outcomes achieved by this Act. (b) Report Not later than July 1, 2026, the Secretary of Health and Human Services shall deliver a report on the study and recommendations under subsection (a) to the Committee on Ways and Means, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate. 11. Appropriations Out of amounts in the Treasury not otherwise appropriated, there are appropriated, in addition to the amounts described in section 7 and any amounts otherwise made available, to carry out the purposes of this Act, such sums as may be necessary to the Secretary of the Treasury, and such sums as may be necessary to the Secretary of Health and Human Services, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s3001is/xml/BILLS-117s3001is.xml |
117-s-3002 | II 117th CONGRESS 1st Session S. 3002 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To address the surge in illegal border crossings along the southwest border by establishing new ports of entry for processing migrants in accordance with the Immigration and Nationality Act and section 362 of the Public Health Service Act.
1. Short titles This Act may be cited as the Stop the Surge of Unsafe Rio Grande Encampments Act of 2021 or the Stop the SURGE Act of 2021 . 2. Findings Congress finds the following: (1) The southwest border of the United States, particularly near the Rio Grande Valley, has been inundated by illegal aliens and foreign migrants in response to lenient immigration and border policies and practices. (2) During the first 4 months of fiscal year 2021, U.S. Customs and Border Protection recorded between 71,946 and 78,414 monthly encounters with migrants along the southwest border. During the first 7 full months of the Biden administration, such encounters increased to an average of 177,883 per month, resulting in a total of 1,541,651 such encounters during the first 11 months of fiscal year 2021. (3) U.S. Customs and Border Protection encounters have increased during fiscal year 2021 in each southwest Border Patrol Sector compared to fiscal year 2020, particularly in the sectors along the Rio Grande River, where, as of August 2021, there had been an increase of— (A) 135.8 percent in the Laredo Sector; (B) 278.7 percent in the El Paso Sector; (C) 380.3 percent in the Big Bend Sector; (D) 532.6 percent increase in the Del Rio Sector; and (E) 542.4 percent increase in the Rio Grande Valley Sector. (4) The number of encounters at the southwest border between U.S. Customs and Border Protection agents and migrants comprised the vast majority of total U.S. Customs and Border Protection encounters nationwide during fiscal year 2021. (5) During September 2021, an estimated 30,000 migrants crossed through the port of entry at the City of Del Rio, Texas, which is almost as numerous as the city’s population. All of these migrants had to be processed in accordance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) and section 362 of the Public Health Service Act ( 42 U.S.C. 265 ). As many as 15,000 migrants gathered and waited to be processed at the Del Rio port of entry in mid-September, leading to inhumane conditions for the migrants temporarily housed under an underpass in makeshift shelters, and serious fears and uncertainty for the local residents. (6) Several Federal officials have acknowledged that officials at the Department of Homeland Security’s Office of Intelligence and Analysis, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement were aware of the potential surge of migrants from Haiti several months before the surge occurred, but failed to stop the impending crisis. Instead of increasing deportations to discourage a surge of illegal immigration, these agencies halted all deportation flights to Haiti in the weeks leading up to the September crisis in Del Rio, Texas. (7) Although immigration policy is directed by the Federal Government, the immediate effects of such large numbers of encounters are primarily felt by the States and local communities along the southwest border. These States and local communities bear direct and indirect costs, and are most impacted by the volume of individual encounters at the border. State and local governments bear substantial costs to alleviate concerns for citizens and migrants as a result of inadequate Federal enforcement of existing immigration laws and border enforcement policies. These costs include health care, schooling, housing, and public safety expenses related to the resettlement of new arrivals. (8) The Governor of Texas originally declared a disaster in 34 Texas counties based on the increase in illegal immigration at the southwest border and has since expanded the disaster declaration to a total of 47 Texas counties, including Brewster, Brooks, Crockett, Culberson, DeWitt, Dimmit, Edwards, Frio, Goliad, Gonzales, Hudspeth, Jeff Davis, Jim Hogg, Kimble, Kinney, La Salle, Lavaca, Live Oak, Maverick, McMullen, Midland, Pecos, Presidio, Real, Terrell, Uvalde, Val Verde, Zapata, Colorado, Crane, Galveston, Kenedy, Mason, Medina, Throckmorton, Bee, Jackson, Schleicher, Sutton, Webb, Zavala, Menard, Wharton, McCulloch, Refugio, Victoria, and Wilbarger counties. The governor has deployed thousands of National Guard and Department of Public Safety troopers to the border over the past months in order to enforce existing Federal immigration laws. However, significant numbers of additional foreign migrants are still heading to the southwest border. (9) The sheer volume of migrant crossings has overwhelmed the capacity of Border Patrol sectors along the southwest border. Many U.S. Border Patrol agents have been pulled from their duties patrolling the border to help process people in custody in the southwest Border Patrol sectors, leaving parts of the border insufficiently guarded. 3. Statement of policy (a) In general It shall be the policy of the United States for the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and foreign migrants seeking entry or any form of legal status in the United States to adhere to the procedures described in subsection (b) when processing migrants in covered Border Patrol sectors along the southwest border. (b) Procedures (1) Relocation to new ports of entry Any official of the Department of Homeland Security, upon encountering any alien who has illegally entered the United States in a covered Border Patrol sector, shall immediately relocate such alien to any of the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. Any such encounter within the geographic boundaries of a covered Border Patrol sector is subject to the transfer policies, timing, and geographic limitations established under this Act. (2) Limitations (A) Processing location No official of the Department of Homeland Security may exercise discretion to process aliens encountered in a covered Border Patrol sector under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or section 362 of the Public Health Service Act ( 42 U.S.C. 265 ) at any location other than the new ports of entry established pursuant to section 4 and designated for immigrant processing pursuant to section 5. (B) Condition for granting temporary legal status No official of the Department of Homeland Security may issue a Notice to Appear, issue a Notice to Report, grant parole, defer action, grant asylum, or grant any other legal authorization to remain in the United States to any alien described in paragraph (1) until such alien has been transferred from the covered Border Patrol sector in which the alien was first encountered to one of the newly created ports of entry. (c) Covered Border Patrol sectors In this Act, the term covered Border Patrol sector means— (1) the Big Bend Sector; (2) the Del Rio Sector; (3) the El Paso Sector; (4) the Laredo Sector; and (5) the Rio Grande Sector. (d) Rules of construction Nothing in this Act may be construed— (1) to prohibit any Federal agency from facilitating and conducting deportations or removals in accordance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or section 362 of the Public Health Service Act ( 42 U.S.C. 265 ); or (2) to authorize the release or parole of any alien that is not expressly authorized under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). 4. Establishment of new ports of entry The Secretary of Homeland Security shall establish new ports of entry in each of the following locations: (1) Palo Alto, California. (2) St. Helena, California. (3) Yountville, California. (4) Greenwich, Connecticut. (5) Rehoboth Beach, Delaware. (6) Cambridge, Massachusetts. (7) Martha’s Vineyard, Massachusetts. (8) Nantucket, Massachusetts. (9) Block Island, Rhode Island. (10) Governors Island, New York. (11) Scarsdale, New York. (12) North Hero, Vermont. 5. Transfers for processing migrant status and immigration claims (a) In general The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, the Director of U.S. Citizenship and Immigration Services, the Director of U.S. Immigration and Customs Enforcement, and any other Federal agencies or military officials involved in the processing of illegal aliens and migrants seeking entry or any form of temporary or permanent legal status in the United States shall immediately transfer aliens encountered in any covered Border Patrol sector to a new port of entry established pursuant to section 4, in accordance with the requirements and directives set forth in subsection (b). (b) Timing of transfers (1) In general The transfers described in subsection (a) shall— (A) take place immediately after an alien described in section 3(b)(1) is encountered in any covered Border Patrol sector; and (B) be carried out with adequate speed to prevent temporary encampments by migrants or aliens within any covered Border Patrol sector. (2) Prohibition of discretion, delays, or deferrals No Federal official may exercise discretion— (A) to delay or defer the transfer of an alien described in section 3(b)(1) from a covered Border Patrol sector for any purpose; or (B) to process an application for entry or any request for temporary or permanent legal status received from such an alien before the completion of the transfer required under subsection (a). 6. Effective date Notwithstanding the date of the enactment of this Act, the provisions of this Act shall be deemed to have taken effect on September 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s3002is/xml/BILLS-117s3002is.xml |
117-s-3003 | II Calendar No. 145 117th CONGRESS 1st Session S. 3003 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Tester , from the Committee on Veterans' Affairs , reported the following original bill; which was read twice and placed on the calendar A BILL To improve health care and benefits for veterans exposed to toxic substances, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive and Overdue Support for Troops of War Act of 2021 or the COST of War Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Expansion of health care for toxic exposure veterans Sec. 101. Health care for certain toxic exposure veterans. Sec. 102. Expansion of health care eligibility for certain veterans exposed to open burn pits. Sec. 103. Expansion of health care eligibility for veterans awarded certain medals. Sec. 104. Study on feasibility and advisability of furnishing hospital care and medical services to dependents of veterans who participated in toxic exposure risk activities. TITLE II—Reforms to the toxic exposure presumption process Sec. 201. Improvements to ability of Department of Veterans Affairs to establish presumptions of service connection based on toxic exposure. Sec. 202. Technical corrections. TITLE III—Reforms to the service connection process for toxic exposure veterans Sec. 301. Presumptions of toxic exposure. Sec. 302. Presumption of exposure to airborne hazards and substances from burn pits. Sec. 303. Medical nexus examinations for toxic exposures. TITLE IV—Expansion of presumptions of service connection for forgotten veterans Sec. 401. Mark Takai Atomic Veterans Healthcare Parity Act of 2021. Sec. 402. Treatment of veterans who participated in nuclear response near Palomares, Spain, as radiation-exposed veterans for purposes of presumption of service-connection of certain disabilities by Department of Veterans Affairs. Sec. 403. Presumptions of service connection for diseases associated with exposures to certain herbicide agents for veterans who served in certain locations. Sec. 404. Addition of additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam. Sec. 405. Improving compensation for disabilities occurring in Persian Gulf War veterans. Sec. 406. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins. TITLE V—Strengthening Federal research on toxic exposures Sec. 501. Coordination by Department of Veterans Affairs of toxic exposure research. Sec. 502. Collection, analysis, and report on treatment of veterans for medical conditions related to toxic exposure. Sec. 503. Studies relating to veterans who served in Southwest Asia. Sec. 504. Study on health trends of post 9/11 veterans. Sec. 505. Study on cancer rates among veterans. TITLE VI—Improving support to toxic exposure veterans Sec. 601. Definitions. Sec. 602. Publication of list of resources of Department of Veterans Affairs for toxic exposure veterans and outreach program for such veterans and caregivers and survivors of such veterans. Sec. 603. Incorporation of toxic exposure questionnaire during primary care appointments. Sec. 604. Training for personnel of the Department of Veterans Affairs with respect to toxic exposure veterans. Sec. 605. SFC Heath Robinson Burn Pit Transparency Act. TITLE VII—Strengthening record-keeping of toxic exposures by Department of Defense Sec. 701. Definitions. Sec. 702. Independent study on Individual Longitudinal Exposure Record. Sec. 703. Biannual report on Individual Longitudinal Exposure Record. Sec. 704. Correction of toxic exposure records. I Expansion of health care for toxic exposure veterans 101. Health care for certain toxic exposure veterans (a) In general Section 1710(e) of title 38, United States Code, is amended— (1) paragraph (1), by adding at the end the following new subparagraph: (G) Subject to paragraph (2), any veteran who participated in a toxic exposure risk activity while serving on active duty, active duty for training, or inactive duty training is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such toxic exposure risk activity. ; and (2) in paragraph (2)(B)— (A) by striking or (F) and inserting (F), or (G) ; and (B) by striking service or testing and inserting service, testing, or activity . (b) Definitions Section 101 of such title is amended by adding at the end the following new paragraphs: (37) The term toxic exposure includes the following: (A) A toxic exposure risk activity. (B) An exposure to a toxic or hazardous substance that is subject to regulation by the Occupational Safety and Health Administration. (38) The term toxic exposure veteran means any veteran who— (A) carried out a toxic exposure risk activity; or (B) received or receives hospital care, medical services, or nursing home care pursuant to section 1710(e)(1) of this title. (39) The term toxic exposure risk activity means any activity— (A) that requires a corresponding entry in the Individual Longitudinal Exposure Record of the veteran who carried out the activity; or (B) that the Secretary determines qualifies for purposes of section 1710(e)(1) of this title when taking into account what is reasonably prudent to protect the health of veterans. (40) The term Individual Longitudinal Exposure Record includes any pilot program or other program used by the Department of Veterans Affairs or the Department of Defense to track how members of the Armed Forces or veterans have been exposed to various occupational or environmental hazards. . 102. Expansion of health care eligibility for certain veterans exposed to open burn pits (a) In general Section 1710(e) of title 38, United States Code, as amended by section 101(a)(2)(A), is further amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) (i) Subject to paragraph (2), a covered veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness. (ii) For purposes of this subparagraph, a covered veteran is a veteran who— (I) is eligible for inclusion in the Airborne Hazards and Open Burn Pit Registry; or (II) has been identified by the Secretary of Defense to have been possibly exposed, inside or outside the United States, during active duty, active duty for training, or inactive duty training, to an open burn pit. (iii) In this subparagraph: (I) The term Airborne Hazards and Open Burn Pit Registry means the registry established by the Secretary under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (II) The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). ; and (2) in paragraph (2)(B), as amended by section 101(a)(2)(A), by striking or (G) and inserting (G), or (H) . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. 103. Expansion of health care eligibility for veterans awarded certain medals (a) In general Section 1710(e) of title 38, United States Code, as amended by section 102(a)(1), is further amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (I) Subject to paragraph (2), a veteran is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness if the veteran was awarded any of the following: (i) The Afghanistan Campaign Medal. (ii) The Armed Forces Expeditionary Medal. (iii) The Global War on Terrorism Expeditionary Medal. (iv) The Inherent Resolve Campaign Medal. (v) The Iraqi Campaign Medal. (vi) The Southwest Asia Service Medal. ; and (2) in paragraph (2)(B), as amended by section 102(a)(2), by striking or (H) and inserting (H), or (I) . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. 104. Study on feasibility and advisability of furnishing hospital care and medical services to dependents of veterans who participated in toxic exposure risk activities (a) In general The Secretary of Veterans Affairs shall conduct a study on the feasibility and advisability of furnishing hospital care and medical services to qualifying dependents of veterans described in section 1710(e)(1)(G) of title 38, United States Code, as added by section 101(a)(1), for any illness or condition determined by the Secretary to be connected to a toxic exposure risk activity carried out by the veteran, as determined by the Secretary, notwithstanding that there is insufficient medical evidence to conclude that such illness or condition is attributable to such activity. (b) Elements of study The study required under subsection (a) shall— (1) assess the impact of furnishing hospital care and medical services to qualifying dependents as described in such subsection on the ability of the Department of Veterans Affairs to furnish hospital care and medical services to veterans; (2) assess the potential cost of furnishing hospital care and medical services to qualifying dependents as described in such subsection; (3) estimate the resources required to furnish such care and services; (4) assess any stress or other impact furnishing such care and services would have on the claims and appeals system of the Department; (5) estimate the number of qualifying dependents who would be eligible for such care and services; and (6) assess the feasibility of adjudicating claims for such care and services. (c) Phased in application In conducting the study under subsection (a), the Secretary shall assess the feasibility and advisability of phasing in the furnishing of hospital care and medical services to qualifying dependents described in such subsection by the decade in which such toxic exposure risk activity occurred, starting with the most recent decade. (d) Review of exposure cases regarding liability of Department of Defense In conducting the study under subsection (a), the Secretary shall— (1) review known cases of toxic exposure on installations of the Department of Defense in the United States; (2) explore the liability of the Department of Defense in each such case; and (3) assess whether the Department of Defense should provide care and services relating to such toxic exposures under the TRICARE program. (e) Report Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a). (f) Definitions In this section: (1) Hospital care and medical services The terms hospital care and medical services have the meanings given those terms in section 1701 of title 38, United States Code. (2) Qualifying dependent The term qualifying dependent means— (A) a dependent of a veteran described in section 1710(e)(1)(G) of title 38, United States Code, as added by section 101(a)(2) who resided with the veteran during the period in which, and on the installation at which, the veteran participated in a toxic exposure risk activity; (B) an individual who was in utero of such a veteran or other qualifying dependent when the veteran participated in a toxic exposure risk activity; or (C) a dependent of such a veteran who is not described in subparagraph (A) or (B) but who may have an illness or condition that is connected to the toxic exposure risk activity of the veteran, as determined by the Secretary. (3) TRICARE program The term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code. II Reforms to the toxic exposure presumption process 201. Improvements to ability of Department of Veterans Affairs to establish presumptions of service connection based on toxic exposure (a) Advisory committees, panels, and boards (1) Establishment Chapter 11 of title 38, United States Code, is amended by adding at the end the following new subchapter: VII Research and determinations relating to presumptions of service connection based on toxic exposure 1171. Procedures to determine presumptions of service connection based on toxic exposure; definitions (a) Procedures The Secretary shall determine whether to establish, to modify, or to remove presumptions of service connection based on toxic exposure pursuant to this subchapter, whereby— (1) the Toxic Exposure Review Commission advises the Secretary and makes recommendations pursuant to section 1172 of this title; (2) the National Academies of Sciences, Engineering, and Medicine, reviews and evaluates the available scientific evidence pursuant to an agreement under section 1173 of this title; (3) the working group established under section 1174 of this title evaluates the conclusions of the National Academies of Sciences, Engineering, and Medicine pursuant to the agreement described in paragraph (2) and makes recommendations to the Secretary under such section; and (4) the Secretary prescribes regulations under section 1175 of this title. (b) Illness defined In this subchapter, the term illness includes a disease or other condition affecting the health of an individual. (c) Nonapplication of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an entity established under this subchapter. 1172. Toxic Exposure Review Commission (a) Establishment The Secretary shall establish an independent commission to be known as the Toxic Exposure Review Commission (in this section referred to as the Commission ). (b) Purpose The Commission shall— (1) advise the Secretary on questions relating to toxic exposures that require scientific research; and (2) assist in the consideration of possible presumptions of service connection relating to toxic exposure. (c) Duties (1) The Commission shall carry out the following duties: (A) Collect any relevant information from the Department of Defense and other sources to identify possible toxic exposures relating to service during active duty, active duty for training, or inactive duty training in order to determine the need for a comprehensive review under an agreement with the National Academies of Sciences, Engineering, and Medicine under section 1173 of this title. (B) Recommend to the Secretary, by majority vote, whether a review should be conducted under an agreement with the National Academies of Sciences, Engineering, and Medicine under section 1173 of this title. (C) Recommend to the Secretary, by majority vote, whether new, independent studies regarding the health outcomes of toxic exposures, or any other new, independent studies that the Commission deems necessary and appropriate, should be conducted. (D) Annually report to Congress on progress regarding the duties set forth in subparagraphs (A) through (C), any recommendations made to the Secretary, and any responses of the Secretary to such recommendations. (2) (A) Relevant information may be collected under paragraph (1)(A) from the following: (i) Any Federal agency as the Commission considers necessary to carry out this section. (ii) Public meetings or hearings, which may be held to take such testimony and receive such evidence as the Commission considers advisable to carry out the duties of the Commission. (B) Upon request of the chairperson of the Commission, the head of a Federal agency shall furnish information collected under subparagraph (A)(i) to the Commission unless such information is classified. (d) Membership (1) (A) The Commission shall be composed of nine members, appointed as follows: (i) Two members appointed by the majority leader of the Senate. (ii) Two members appointed by the minority leader of the Senate. (iii) Two members appointed by the Speaker of the House of Representatives. (iv) Two members appointed by the minority leader of the House of Representatives. (v) One member appointed by the Secretary. (B) The initial members of the Commission shall be appointed under subparagraph (A) not later than 180 days after the date of the enactment of the Comprehensive and Overdue Support for Troops of War Act of 2021 . (2) In appointing individuals under paragraph (1)(A), the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the Secretary shall jointly ensure that at least five members of the Commission are scientists or health care professionals— (A) of whom— (i) one has a background in the field of respiratory medicine; (ii) one has a background in the field of endocrinology and metabolic medicine; (iii) one has a background in hematology; (iv) one has a background in oncology; and (v) one has a background in occupational and environmental health; and (B) who are not officials or employees of the Federal Government. (3) In appointing individuals under paragraph (1)(A), the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the Secretary shall jointly ensure that at least two members of the Commission represent an organization recognized by the Secretary for the representation of veterans under section 5902 of this title. (4) In appointing individuals under paragraph (1)(A), the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the Secretary shall jointly give consideration to including in the Commission at least one member who works with survivors of illnesses relating to toxic exposures and has a background in the field of study of toxic exposures. (e) Meetings (1) The Commission shall meet not less frequently than twice each year. (2) (A) Each meeting of the Commission shall be open to the public. (B) All the proceedings, information, and deliberations of the Commission shall be available for review by the public. (C) Meetings of the Commission may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (f) Chairperson and vice chair At the initial meeting of the Commission under subsection (e), the Commission shall select a chairperson and vice chairperson from among the members of the Commission by a majority vote of the members of the Commission. (g) Period of appointment; vacancies (1) A member of the Commission shall be appointed for a term that may not exceed four years. (2) The Secretary shall ensure that terms of members of the Commission are staggered so that no such terms end on the same date. (3) A vacancy in the Commission shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (4) In appointing the initial members of the Commission, each official who is authorized to appoint two members of the Commission shall appoint— (A) one member whose term expires after two years; and (B) one member whose term expires after four years. (h) Pay (1) Members of the Commission shall serve without pay. (2) Each member of the Commission 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. (3) Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5. (i) Director of staff (1) The Commission shall appoint a Director who— (A) has not served as an employee of the Department during the one-year period preceding the date of such appointment; and (B) is not otherwise barred or prohibited from serving as Director under Federal ethics laws and regulations, by reason of post-employment conflict of interest. (2) The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. (j) Staff (1) Subject to paragraphs (2) and (3), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) The Director may make such appointments without regard to the provisions of title 5 governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–15 of the General Schedule. (3) (A) Not more than two-thirds of the personnel employed by or detailed to the Commission may be on detail from the Department. (B) Not more than half of the professional analysts of the Commission staff may be persons detailed from the Department to the Commission. (4) Subject to paragraph (3), the head of any Federal agency, upon the request of the Director, may detail any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this section. (5) The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the chairperson of the Commission, the head of such agency shall furnish such information to the Commission, unless such information is classified. (k) Other authority (1) The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5. (2) To the extent funds are available, the Commission may lease real property and acquire personal property either of its own accord or in consultation with the General Services Administration. (l) Communications (1) (A) Except as provided in subparagraph (B), no person may restrict an employee of the Department in communicating with the Commission. (B) Subparagraph (A) does not apply to a communication that is unlawful. (2) All ex parte communications with the Commission shall be made part of the public record. (m) Responses by Secretary In response to each report submitted to the Secretary by the Commission under subsection (c)(1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives and make available to the public a report on— (1) the findings and opinions of the Secretary with respect to the report most recently submitted under subsection (c)(1); (2) whether the Secretary intends to nominate for review under an agreement with the National Academies of Sciences, Engineering, and Medicine under section 1173 of this title the review recommended by the Committee in the report, and if not, an explanation of why, including citations and sources; and (3) whether the Secretary intends to follow any other recommendation made by the Commission. 1173. Science review agreement (a) Purpose The purpose of this section is to provide for the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Academies ), an independent nonprofit scientific organization with appropriate expertise that is not part of the Federal Government, to review and evaluate the available scientific evidence regarding associations between illnesses and toxic exposures. (b) Agreement (1) The Secretary shall seek to enter into a 10-year agreement with the Academies to perform the services covered by this section. (2) The Secretary shall seek to enter into an agreement described in paragraph (1) not later than 60 days after the date of the enactment of the Comprehensive and Overdue Support for Troops of War Act of 2021 . (3) An agreement under this section may be extended in five-year or 10-year increments. (c) Review of scientific evidence Under an agreement between the Secretary and the Academies under this section, the Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between toxic exposures during active military, naval, or air service and each illness suspected to be associated with such exposure in the human population. (d) Scientific determinations concerning illnesses For each illness reviewed under subsection (c), the Academies shall determine, to the extent that available scientific data permit meaningful determinations— (1) whether an association exists between a toxic exposure and the occurrence of the illness, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association; (2) the increased risk of the illness among those subject to toxic exposures during active military, naval, or air service; and (3) whether there exists a plausible biological mechanism or other evidence of a causal relationship between the toxic exposure and the occurrence of the illness. (e) Cooperation of Federal agencies The head of each relevant Federal agency, including the Secretary of Defense, shall cooperate fully with the Academies in performing the services covered by this section. (f) Recommendations for additional scientific studies (1) Under an agreement between the Secretary and the Academies under this section, the Academies shall make any recommendations for additional scientific studies to resolve areas of continuing scientific uncertainty relating to toxic exposures. (2) In making recommendations under paragraph (1), the Academies shall consider— (A) the scientific information that is available at the time of the recommendation; (B) the value and relevance of the information that could result from additional studies; and (C) the cost and feasibility of carrying out such additional studies. (g) Reports (1) Under an agreement between the Secretary and the Academies under this section, for each review conducted under subsection (c), the Academies shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives an initial report on the activities of the Academies under the agreement. (2) The report submitted under paragraph (1) shall include the following: (A) The determinations described in subsection (d). (B) A full explanation of the scientific evidence and reasoning that led to such determinations. (C) Any recommendations of the Academies under subsection (f). (h) Alternative contract scientific organization (1) If the Secretary is unable to enter into an agreement with the Academies for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that— (A) is not part of the Federal Government; (B) operates as a not-for-profit entity; and (C) has expertise and objectivity comparable to that of the Academies. (2) If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this subchapter to the National Academies of Sciences, Engineering, and Medicine shall be treated as a reference to the other organization. 1174. Working group on presumptions of service connection (a) Establishment The Secretary shall establish a working group (in this section referred to as the Working Group )— (1) to evaluate the conclusions of the National Academies of Sciences, Engineering, and Medicine contained in each report submitted under section 1173(g) of this title; and (2) to develop and submit to the Secretary a recommendation within 60 days of the Secretary’s receipt of a report under section 1173(g) of this title with respect to whether— (A) to establish a presumption of service connection between each toxic exposure and illness covered by a report described in paragraph (1); or (B) to modify an existing presumption of service connection covered by a report described in paragraph (1). (b) Recommendations (1) In making a recommendation under subsection (a)(2), the Working Group shall, if the Working Group determines that additional research, studies, or reports are appropriate before making a final recommendation with respect to establishing or modifying a presumption of service connection, submit to the Secretary a description of such additional research, studies, or reports. (2) In making a recommendation under subsection (a)(2), the Working Group shall consider only the positive association between a toxic exposure and an illness. (3) Concurrent with the submittal of a recommendation to the Secretary under subsection (a)(2), the Working Group shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a description of such recommendation. 1175. Regulations regarding presumptions of service connection based on toxic exposure (a) Action upon Working Group recommendation Not later than 60 days after the date on which the Secretary receives a recommendation to establish or modify a presumption of service connection under section 1174(a)(2) of this title— (1) if the Secretary determines that the presumption, or modification, is warranted, the Secretary shall issue proposed regulations setting forth the presumption or revise regulations to carry out such modification; or (2) if the Secretary determines that the presumption, or modification, is not warranted, the Secretary shall publish in the Federal Register a notice of the determination, including the reasons supporting the determination, and all materials the Secretary relied upon for the determination. (b) Final regulation Not later than 90 days after the date on which the Secretary issues any proposed regulations under subsection (a)(1), the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. (c) Removal of presumption (1) The Secretary may issue regulations to remove an illness from a presumption of service connection previously established pursuant to a regulation issued under subsection (b). (2) Whenever an illness is removed from regulations pursuant to paragraph (1), or the periods or locations of exposure covered by a presumption of service connection are modified under subsection (a)— (A) a veteran who was awarded compensation for such illness on the basis of the presumption provided under such regulations before the effective date of the removal or modification shall continue to be entitled to receive compensation on that basis; and (B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such illness on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new items: SUBCHAPTER VII—Research and determinations relating to presumptions of service connection based on toxic exposure 1171. Procedures to determine presumptions of service connection based on toxic exposure; definitions. 1172. Toxic Exposure Review Commission. 1173. Science review agreement. 1174. Working group on presumptions of service connection. 1175. Regulations regarding presumptions of service connection based on toxic exposure. . (b) Establishment of working group Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the working group required by section 1174(a) of title 38, United States Code, as added by subsection (a). (c) Conforming amendments Chapter 11 of title 38, United States Code, is amended— (1) in section 1116— (A) by striking subsections (b), (c), (d), and (e); (B) by inserting after subsection (a) the following new subsection (b): (b) The Secretary shall ensure that any determination made on or after the date of the enactment of the Comprehensive and Overdue Support for Troops of War Act of 2021 regarding a presumption of service connection based on exposure to an herbicide agent under this section is made pursuant to subchapter VII of this chapter, including with respect to assessing reports received by the Secretary from the National Academy of Sciences under section 3 of the Agent Orange Act of 1991 ( Public Law 102–4 ). ; and (C) by redesignating subsection (f) as subsection (c). (2) in section 1116B(b)(2)(A), by inserting pursuant to subchapter VII of this chapter, before the Secretary determines ; and (3) in section 1118— (A) by striking subsections (b) through (e); and (B) by inserting after subsection (a) the following new subsection (b): (b) The Secretary shall ensure that any determination made on or after the date of the enactment of the Comprehensive and Overdue Support for Troops of War Act of 2021 regarding a presumption of service connection based on a toxic exposure under this section is made pursuant to subchapter VII of this chapter. . 202. Technical corrections (a) In general Subchapter VI of chapter 11 of title 38, United States Code, is amended— (1) by redesignating section 1165 as section 1166; and (2) by redesignating the section 1164 that was added by section 5501(a)(1) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ) as section 1165. (b) Conforming clerical amendments The table of sections at the beginning of such chapter is amended by striking the items relating to the section 1164 that was added by section 5501(a)(1) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ) and section 1165 and inserting the following new items: 1165. Specialized teams to evaluate claims involving military sexual trauma. 1166. Choice of sex of medical examiner for certain disabilities. . III Reforms to the service connection process for toxic exposure veterans 301. Presumptions of toxic exposure (a) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1119. Presumptions of toxic exposure (a) Presumption of toxic exposure Except as provided in section 1120 of this title, if a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with indication of a toxic exposure that occurred during active military, naval, or air service, the Secretary shall presume that the veteran was subject to such toxic exposure— (1) if the Individual Longitudinal Exposure Record of the veteran includes evidence of the toxic exposure; or (2) in a case in which the Individual Longitudinal Exposure Record of the veteran does not indicate that the veteran was subject to the claimed toxic exposure during active military, naval, or air service, if credible evidence of the facts, places, and circumstances of the service of the veteran in the active military, naval, or air service, including evidence of the veteran’s unit assignments, military specialty, or date and location of service, shows the veteran was subject to the claimed toxic exposure during such service. (b) Role of lay statements In a case described in subsection (a)(2), the Secretary shall accept as credible evidence under such subsection a lay statement by the veteran or another that is consistent with the other credible evidence of the facts, places, and circumstances of the veteran’s service in the active military, naval, or air service. . (b) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumptions of toxic exposure. . (c) Conforming amendment Section 1113 of such title is amended by striking or 1118 each place it appears and inserting 1118, or 1119 . 302. Presumption of exposure to airborne hazards and substances from burn pits (a) In general Subchapter II of chapter 11 of title 38, United States Code, as amended by section 301(a), is further amended by adding at the end the following new section: 1120. Presumption of exposure to certain airborne hazards and substances from participation in contingency operations (a) In general For purposes of section 1110 and chapter 17 of this title, any veteran described in subsection (b) shall be presumed to have been exposed to the substances, chemicals, and hazards listed in subsection (c), unless there is affirmative evidence to establish that the veteran was not exposed to any such substances, chemicals, or hazards during that service. (b) Veterans described (1) A veteran described in this paragraph is any veteran who— (A) during active military, naval, or air service, was deployed in support of a contingency operation while so serving and as part of such deployment served in a covered location during a corresponding period set forth under paragraph (2); or (B) on or after August 2, 1990, was awarded any of the following: (i) The Afghanistan Campaign Medal. (ii) The Armed Forces Expeditionary Medal. (iii) The Global War On Terrorism Expeditionary Medal. (iv) The Inherent Resolve Campaign Medal. (v) The Iraqi Campaign Medal. (vi) The Southwest Asia Service Medal. (2) (A) The covered locations and corresponding periods set forth under this subsection are as follows: (i) Iraq and the following periods: (I) The period beginning on August 2, 1990, and ending on February 28, 1991. (II) The period beginning on March 19, 2003, and ending on such date as the Secretary determines burn pits are no longer used in Iraq. (ii) The Southwest Asia Theater of operations, other than Iraq, and the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following: (I) Kuwait. (II) Saudi Arabia. (III) Oman. (IV) Qatar. (iii) Afghanistan and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan. (iv) Djibouti and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti. (v) Syria and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Syria. (vi) Jordan and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Jordan. (vii) Egypt and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Egypt. (viii) Lebanon and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Lebanon. (ix) Yemen and the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Yemen. (x) Such other locations as are set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note) and corresponding periods set forth in such registry. (xi) Such other locations and corresponding periods as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate in a report the Secretary of Veterans Affairs shall submit to Congress not later than two years after the date of the enactment of the Veterans Burn Pits Exposure Recognition Act of 2021 and not less frequently than once every two years thereafter. (B) A location set forth under this paragraph shall not include any body of water around or any airspace above such location. (c) Substances, chemicals, and airborne hazards (1) Subject to paragraph (2), the substances, chemicals, and airborne hazards listed in this subsection are as follows: (A) Particulate matter, including the following: (i) PM-10. (ii) PM-2.5. (B) Polycyclic aromatic hydrocarbons (PAHs), including the following: (i) Acenaphthene. (ii) Acenaphthylene. (iii) Anthracene. (iv) Benzo(a)anthracene. (v) Benzo(a)pyrene. (vi) Benzo(b)fluoroanthene. (vii) Benzo(g,h,i)perylene. (viii) Benzo(k)fluoroanthene. (ix) Chrysene. (x) Dibenz(a,h)anthracene. (xi) Fluoranthene. (xii) Fluorene. (xiii) Indeno(1,2,3-cd)pyrene. (xiv) Naphthalene. (xv) Phenanthrene. (xvi) Pyrene. (C) Volatile organic compounds (VOCs), including the following: (i) Acetone. (ii) Acrolein. (iii) Benzene. (iv) Carbon Disulfide. (v) Chlorodifluoromethane. (vi) Chloromethane. (vii) Ethylbenzene. (viii) Hexane. (ix) Hexachlorobutadiene. (x) m/p-Xylene. (xi) Methylene Chloride. (xii) Pentane. (xiii) Propylene. (xiv) Styrene. (xv) Toluene. (D) Toxic organic halogenated dioxins and furans (dioxins), including the following: (i) 1,2,3,4,6,7,8 HPCDD. (ii) 1,2,3,4,6,7,8 HPCDF. (iii) 1,2,3,4,7,8,9 HPCDF. (iv) 1,2,3,4,7,8 HXCDD. (v) 1,2,3,4,7,8 HXCDF. (vi) 1,2,3,6,7,8 HXCDD. (vii) 1,2,3,6,7,8 HXCDF. (viii) 1,2,3,7,8,9 HXCDD. (ix) 1,2,3,7,8,9 HXCDF. (x) 1,2,3,7,8 PECDD. (xi) 1,2,3,7,8 PECDF. (xii) 2,3,4,6,7,8 HXCDF. (xiii) 2,3,4,7,8 PECDF. (xiv) 2,3,7,8 TCDD. (xv) 2,3,7,8 TCDF. (xvi) octachlorodibenzodioxin. (xvii) octachlorodibenzofuran. (E) Such other substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may add under paragraph (2). (2) The Secretary may add to or remove from the list under paragraph (1) as the Secretary determines appropriate in a report the Secretary shall submit to Congress not later than two years after the date of the enactment of the Comprehensive and Overdue Support for Troops of War Act of 2021 , and not less frequently than once every two years thereafter. . (b) Clerical amendment The table of sections at the beginning of chapter 11 of such title, as amended by section 301(b), is further amended by inserting after the item relating to section 1119 the following new item: 1120. Presumption of exposure to certain airborne hazards and substances from participation in contingency operations. . (c) Conforming amendment Section 1113 of such title, as amended by section 301, is amended by striking or 1119 each place it appears and inserting 1119, or 1120 . 303. Medical nexus examinations for toxic exposures (a) In general Subchapter VI of chapter 11 of title 38, United States Code, as amended by title II of this Act, is further amended by adding at the end the following new section: 1168. Medical nexus examinations for toxic exposures (a) In general Except as provided in subsection (c), if a covered veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title relating to a toxic exposure or exposure to a substance, chemical, or hazard listed in section 1120(c) of this title during active military, naval, or air service, and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall— (1) provide the veteran with a medical examination of the claimed disability relating to such exposure; (2) provide the veteran the option to have the examination provided under paragraph (1) conducted by a specialist in the field of medicine which covers the specifically claimed disability; and (3) request a medical opinion, as part of the medical examination provided under paragraph (1), as to whether it is at least as likely as not that there is a nexus between the claimed disability and the exposure. (b) Covered veterans For purposes of this section, a covered veteran is— (1) a veteran presumed under section 1119(a) of this title to have been subject to a toxic exposure; or (2) a veteran presumed under subsection (a) of section 1120 of this title to have been exposed to a substance, chemical, or hazard listed in subsection (c) of such section. (c) Exception Subsection (a) shall not apply in a case in which a covered veteran claims a disability that is clearly unrelated to the claimed exposure. (d) Considerations in provision of medical opinions When providing the Secretary with a medical opinion requested under subsection (a)(3), the examiner shall consider the total potential exposure through all applicable military deployments, and the synergistic, combined effect of all applicable toxic exposure risk activities. . (b) Clerical amendment The table of sections at the beginning of chapter 11 of such title, as amended by title II of this Act, is further amended by inserting after the item relating to section 1167, as added by such title, the following new item: 1168. Medical nexus examinations for toxic exposures. . IV Expansion of presumptions of service connection for forgotten veterans 401. Mark Takai Atomic Veterans Healthcare Parity Act of 2021 Section 1112(c)(3)(B) of title 38, United States Code, is amended by adding at the end the following new clause: (v) Cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980. . 402. Treatment of veterans who participated in nuclear response near Palomares, Spain, as radiation-exposed veterans for purposes of presumption of service-connection of certain disabilities by Department of Veterans Affairs Section 1112(c)(3)(B) of title 38, United States Code, as amended by section 401, is further amended by adding at the end the following new clause: (vi) Onsite participation in the response effort following the collision of a United States Air Force B–52 bomber and refueling plane that caused the release of four thermonuclear weapons in the vicinity of Palomares, Spain, during the period beginning January 17, 1966, and ending March 31, 1967. . 403. Presumptions of service connection for diseases associated with exposures to certain herbicide agents for veterans who served in certain locations (a) In general Section 1116 of title 38, United States Code, as amended by section 201, is further amended— (1) by striking , during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975 each place it appears and inserting performed covered service ; (2) by striking performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975 each place it appears and inserting performed covered service ; and (3) by adding at the end the following new subsection: (d) In this section, the term covered service means active military, naval, or air service— (1) performed in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; (2) performed in Thailand at any United States or Royal Thai base during the period beginning on January 9, 1962, and ending on June 30, 1976, without regard to where on the base the veteran was located or what military job specialty the veteran performed; (3) performed in Laos during the period beginning on December 1, 1965, and ending on September 30, 1969; (4) performed in Cambodia at Mimot or Krek, Kompon Cham Province during the period beginning on April 16, 1969, and ending on April 30, 1969; or (5) performed on Guam or American Samoa, or in the territorial waters thereof, during the period beginning on January 9, 1962, and ending on July 31, 1980, or served on Johnston Atoll or on a ship that called at Johnston Atoll during the period beginning on January 1, 1972, and ending on September 30, 1977. . (b) Eligibility for hospital care and medical services Section 1710(e)(4) is amended by amending subparagraph (A) to read as follows: (A) The term Vietnam-era herbicide-exposed veteran means a veteran who— (i) performed covered service, as defined in section 1116(c) of this title; or (ii) the Secretary finds may have been exposed during such service to dioxin or was exposed during such service to a toxic substance found in a herbicide or defoliant used for military purposes during such period. . (c) Clerical amendments (1) Section heading The heading for section 1116 is amended by striking and the Republic of Vietnam and inserting certain locations . (2) Table of sections The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1116 and inserting the following new item: 1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in certain locations. . 404. Addition of additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam Section 1116(a)(2) of title 38, United States Code, as amended by section 9109 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by adding at the end the following new subparagraphs: (L) Hypertension. (M) Monoclonal gammopathy of undetermined significance. . 405. Improving compensation for disabilities occurring in Persian Gulf War veterans (a) Reduction in threshold of eligibility Subsection (a)(1) of section 1117 of title 38, United States Code, is amended by striking became manifest— and all that follows through the period at the end and inserting became manifest to a degree of 10 percent or more at any time. . (b) Permanent extension of period of eligibility (1) In general Such section is amended by striking subsection (b). (2) Conforming amendments Such section, as amended by paragraph (1), is further amended— (A) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (B) in subsection (a)(2)(C), by striking under subsection (d) and inserting under subsection (c) . (c) Establishing singular disability based questionnaire Such section, as amended by subsection (b), is further amended by inserting after subsection (c) the following new subsection (d): (d) The Secretary shall develop a Disability Benefits Questionnaire (DBQ), or successor questionnaire, such that if a Persian Gulf veteran presents with any one symptom associated with Gulf War Illness, use of such questionnaire is mandatory for health care personnel of the Department for the identification of Gulf War Illness. . (d) Training Such section is amended by adding at the end the following new subsection: (i) (1) The Secretary shall take such actions as may be necessary to ensure that health care personnel of the Department are appropriately trained to effectively carry out this section. (2) Not less frequently than once each year, the Secretary shall submit to Congress a report on the actions taken by the Secretary to carry out paragraph (1). . 406. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) In general Subchapter II of chapter 11 of title 38, United States Code, as amended by section 302(a), is further amended by inserting after section 1120 the following new section: 1120A. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) Presumption of service connection For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (c) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. (b) Covered veterans For purposes of this section, a covered veteran is a veteran presumed under subsection (a) of section 1120 of this title to have been exposed to a substance, chemical, or hazard listed in subsection (c) of such section. (c) Diseases specified The diseases specified in this subsection are the following: (1) Asthma that was diagnosed after— (A) a deployment described in subparagraph (A) of section 1120(b)(1) of this title; or (B) a period of service for which a medal set forth under subparagraph (B) of such section was awarded. (2) Chronic obstructive pulmonary disease. (3) Chronic bronchitis. (4) Constrictive bronchiolitis or obliterative bronchiolitis. (5) Emphysema. (6) Pleuritis. (7) Pulmonary fibrosis. (8) Interstitial lung disease. (9) Sarcoidosis. (10) Respiratory cancer of any type. (11) Glioblastoma. (12) Rhinitis. (13) Sinusitis. . (b) Clerical amendment The table of sections at the beginning of chapter 11 of title 38, United States Code, as amended by section 302(b), is further amended by inserting after the item relating to section 1120 the following new item: 1120A. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins. . (c) Conforming amendment Section 1113 of such title, as amended by section 302, is further amended by striking or 1120 each place it appears and inserting 1120, or 1120A . V Strengthening Federal research on toxic exposures 501. Coordination by Department of Veterans Affairs of toxic exposure research (a) In general Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7330D. Coordination of toxic exposure research (a) In general The Secretary shall coordinate all research activities undertaken or funded by the Executive Branch of the Federal Government on the health consequences of toxic exposures experienced during service in the Armed Forces. (b) Strategic plan In carrying out subsection (a), the Secretary shall establish a strategic plan, to be known as the Toxic Exposure Research Strategic Plan , to ensure that the research activities described in such subsection are collaborative, transparent, and highly coordinated. (c) Report Not later than one year after the date of the enactment of the Comprehensive and Overdue Support for Troops of War Act of 2021 , and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on all research activities described in subsection (a) undertaken during the year covered by the report. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 7330C the following new item: 7330D. Coordination of toxic exposure research. . 502. Collection, analysis, and report on treatment of veterans for medical conditions related to toxic exposure (a) In general The Secretary of Veterans Affairs shall compile and analyze, on a continuous basis, all clinical data that— (1) is obtained by the Department of Veterans Affairs in connection with hospital care, medical services, and nursing home care furnished under section 1710(a)(2)(F) of title 38, United States Code; and (2) is likely to be scientifically useful in determining the association, if any, between the medical condition of a veteran and a toxic exposure. (b) Consent of patients Compilation and analysis by the Secretary of clinical data of a veteran under subsection (a) shall be conducted, and such data shall be used, consistent with the informed consent of the veteran and in compliance with all applicable Federal law. (c) Annual report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing— (1) the data compiled under subsection (a); (2) an analysis of such data; (3) a description of the types and incidences of medical conditions identified by the Department under such subsection; (4) the explanation of the Secretary for the incidence of such medical conditions and other explanations for the incidence of such conditions as the Secretary considers reasonable; and (5) the views of the Secretary on the scientific validity of drawing conclusions from the incidence of such medical conditions, as evidenced by the data compiled under subsection (a), regarding any association between such conditions and a toxic exposure. (d) Toxic exposure defined In this section, the term toxic exposure has the meaning given that term in section 101(37) of title 38, United States Code. 503. Studies relating to veterans who served in Southwest Asia (a) Analysis (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall conduct an updated analysis of total and respiratory disease mortality in covered veterans. (2) Elements The analysis required by paragraph (1) shall include, to the extent practicable, the following: (A) Metrics of airborne exposures. (B) The location and timing of deployments. (C) The military occupational specialty. (D) The Armed Force in which the veteran served. (E) Pre-existing health status, including with respect to asthma. (F) Relevant personal information, including cigarette and e-cigarette smoking history, diet, sex, gender, age, race, and ethnicity. (b) Epidemiological study Not later than 180 days after the date of the enactment of this Act, the Secretary shall conduct an epidemiological study of covered veterans that uses the following: (1) Improved spatio-temporal estimates of ambient air pollution exposures using advances in retrospective exposure assessment. (2) Detailed information on the study subjects obtained through medical records, administrative data, and other existing sources, that include— (A) personal characteristics, including cigarette and e-cigarette smoking history, diet, sex, gender, age, race, and ethnicity; (B) deployment history, including locations, periods, and number of deployments; (C) biospecimen data; and (D) supplementary health status and outcomes data, including imaging and physiological parameters. (c) Toxicology study (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a toxicology study to include variability to replicate exposures of healthy, young members of the Armed Forces, as well as potentially susceptible members, with preexisting health conditions. (2) Elements The study required under paragraph (1) shall— (A) analyze the study results for mechanistic markers and clinically relevant outcomes; and (B) validate serum, tissue, and other biomarkers of exposure, susceptibility, or effect. (d) Covered veteran defined In this section, the term covered veteran means any veteran who— (1) on or after August 2, 1990, served on active duty in— (A) Bahrain; (B) Iraq; (C) Kuwait; (D) Oman; (E) Qatar; (F) Saudi Arabia; (G) Somalia; or (H) the United Arab Emirates; or (2) on or after September 11, 2001, served on active duty in— (A) Afghanistan; (B) Djibouti; (C) Egypt; (D) Jordan; (E) Lebanon; (F) Syria; or (G) Yemen. 504. Study on health trends of post 9/11 veterans The Secretary of Veterans Affairs shall conduct an epidemiological study on the health trends of veterans who served in the Armed Forces after September 11, 2001. 505. Study on cancer rates among veterans (a) In general The Secretary of Veterans Affairs shall conduct a study on the incidence of cancer in veterans to determine trends in the rates of the incidence of cancer in veterans. (b) Elements The study required by subsection (a) shall assess, with respect to each veteran included in the study, the following: (1) The age of the veteran. (2) The period of service and length of service of the veteran in the Armed Forces. (3) The military occupational speciality or specialties of the veteran. (4) The gender of the veteran. (5) The type or types of cancer that the veteran has. VI Improving support to toxic exposure veterans 601. Definitions In this title, the terms active military, naval, or air service , toxic exposure , and toxic exposure veteran have the meanings given those terms in section 101 of title 38, United States Code. 602. Publication of list of resources of Department of Veterans Affairs for toxic exposure veterans and outreach program for such veterans and caregivers and survivors of such veterans (a) Publication of list of resources (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs shall publish a list of resources of the Department of Veterans Affairs for— (A) toxic exposure veterans; (B) families and caregivers of toxic exposure veterans; and (C) survivors of toxic exposure veterans (or who would be toxic exposure veterans were the veterans alive) who are receiving death benefits under the laws administered by the Secretary. (2) Update The Secretary shall periodically update the list published under paragraph (1). (b) Outreach The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to toxic exposure, including outreach with respect to benefits and support programs. 603. Incorporation of toxic exposure questionnaire during primary care appointments (a) In general The Secretary of Veterans Affairs shall incorporate a clinical questionnaire to help determine potential toxic exposures during active military, naval, or air service as part of the initial screening conducted for an appointment of a veteran with a primary care provider of the Department of Veterans Affairs to improve understanding by the Department of toxic exposures of veterans while serving in the Armed Forces. (b) Determination of questions The questions included in the questionnaire required under subsection (a) shall be determined by the Secretary with input from medical professionals. 604. Training for personnel of the Department of Veterans Affairs with respect to toxic exposure veterans (a) Health care personnel The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on toxic exposure veterans of illnesses related to toxic exposure and inform such personnel of how to ask for additional information from veterans regarding different toxic exposures. (b) Benefits personnel (1) In general The Secretary shall establish a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on toxic exposure. (2) Annual training Training provided to processors under paragraph (1) shall be provided not less frequently than annually. 605. SFC Heath Robinson Burn Pit Transparency Act (a) Short title This section may be cited as the SFC Heath Robinson Burn Pit Transparency Act . (b) Quarterly notifications (1) In general On a quarterly basis, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each reported case of burn pit exposure by a covered veteran reported during the previous quarter. (2) Elements Each report submitted under paragraph (1) shall include, with respect to each reported case of burn pit exposure of a covered veteran included in the report, the following: (A) Notice of the case, including the medical facility at which the case was reported. (B) Notice of, as available— (i) the enrollment status of the covered veteran with respect to the patient enrollment system of the Department of Veterans Affairs under section 1705(a) of title 38, United States Code; (ii) a summary of all health care visits by the covered veteran at the medical facility at which the case was reported that are related to the case; (iii) the demographics of the covered veteran, including age, sex, and race; (iv) any non-Department of Veterans Affairs health care benefits that the covered veteran receives; (v) the Armed Force in which the covered veteran served and the rank of the covered veteran; (vi) the period in which the covered veteran served; (vii) each location that the covered veteran reported as being a location at which the veteran was exposed to toxic airborne chemicals and fumes from an open burn pit; (viii) the medical diagnoses of the covered veteran and the treatment provided to the veteran; and (ix) whether the covered veteran is registered in the Airborne Hazards and Open Burn Pit Registry. (3) Protection of information The Secretary shall ensure that the reports submitted under paragraph (1) do not include the identity of covered veterans or contain other personally identifiable data. (c) Annual report on cases (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to the appropriate congressional committees a report detailing the following: (A) The total number of covered veterans. (B) The total number of claims for disability compensation under chapter 11 of title 38, United States Code, approved and the total number denied by the Secretary of Veterans Affairs with respect to a covered veteran, and for each such denial, the rationale of the denial. (C) A comprehensive list of— (i) the conditions for which covered veterans seek treatment; and (ii) the locations that the covered veterans reported as being locations at which the veterans were exposed to toxic airborne chemicals and fumes from open burn pits. (D) Identification of any illnesses relating to exposure to open burn pits that formed the basis for the Secretary to award benefits, including entitlement to service connection or an increase in disability rating. (E) The total number of covered veterans who died after seeking care for an illness relating to exposure to an open burn pit. (F) Any updates or trends with respect to the information described in subparagraphs (A), (B), (C), (D), and (E) that the Secretary determines appropriate. (2) Matters included in first report The Secretary shall include in the first report under paragraph (1) information specified in subsection (b)(2) with respect to reported cases of burn pit exposure made during the period beginning January 1, 1990, and ending on the day before the date of the enactment of this Act. (d) Comptroller General report Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing an assessment of the effectiveness of any memorandum of understanding or memorandum of agreement entered into by the Secretary of Veterans Affairs with respect to— (1) the processing of reported cases of burn pit exposure; and (2) the coordination of care and provision of health care relating to such cases at medical facilities of the Department of Veterans Affairs and at non-Department facilities. (e) Definitions In this section: (1) The term Airborne Hazards and Open Burn Pit Registry means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (2) The term appropriate congressional committees means— (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) The Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (3) The term covered veteran means a veteran who presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. (4) The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (5) The term reported case of burn pit exposure means each instance in which a veteran presents at a medical facility of the Department of Veterans Affairs (or in a non-Department facility pursuant to section 1703 or 1703A of title 38, United States Code) for treatment that the veteran describes as being related to, or ancillary to, the exposure of the veteran to toxic airborne chemicals and fumes caused by open burn pits at any time while serving in the Armed Forces. VII Strengthening record-keeping of toxic exposures by Department of Defense 701. Definitions In this title: (1) Individual longitudinal exposure record The term Individual Longitudinal Exposure Record has the meaning given that term in section 101(40) of title 38, United States Code, as added by section 101(b). (2) Toxic exposure The term toxic exposure has the meaning given that term in section 101(37) of such title, as so added. 702. Independent study on Individual Longitudinal Exposure Record (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with an independent research entity described in subsection (b) to carry out a comprehensive study of the development of the Individual Longitudinal Exposure Record to evaluate— (1) the quality of the location data, occupational and environmental exposure data, and health surveillance data; and (2) whether a member of the Armed Forces can be reasonably assured that any toxic exposure experienced by the member during service in the Armed Forces will be accurately reflected in the Individual Longitudinal Exposure Record of the member. (b) Independent research entity described An independent research entity described in this subsection is a federally funded research and development center with appropriate expertise and analytical capability to carry out the study required under subsection (a). 703. Biannual report on Individual Longitudinal Exposure Record (a) In general Not later than one year after the date on which the Individual Longitudinal Exposure Record achieves full operation capability, as determined by the Secretary of Defense, and every 180 days thereafter, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, submit to the appropriate committees of Congress a report on the data quality of the databases of the Department of Defense that provide the information presented in the Individual Longitudinal Exposure Record and the usefulness of the Individual Longitudinal Exposure Record in supporting members of the Armed Forces and veterans in receiving health care and benefits from the Department of Defense and the Department of Veterans Affairs. (b) Elements Each report required by subsection (a) shall include, for the period covered by the report, the following: (1) An identification of toxic exposures that may not be fully captured by the current systems of the Department of Defense for environmental and occupational health monitoring, and recommendations for how to improve those systems. (2) An analysis of the quality of the location data used by the Department of Defense in determining toxic exposures of members of the Armed Forces and veterans, and recommendations for how to improve the quality of that location data. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. 704. Correction of toxic exposure records (a) In general The Secretary of Defense and the Secretary of Veterans Affairs shall provide a means for members of the Armed Forces and veterans to update their records as necessary to reflect a toxic exposure by such member or veteran in the Individual Longitudinal Exposure Record. (b) Evidence (1) In general To update a record under subsection (a), a member of the Armed Forces or veteran, as the case may be, must provide such evidence as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider sufficient. (2) Regulations The Secretary of Veterans Affairs shall prescribe by regulation the evidence considered sufficient under paragraph (1).
October 19, 2021 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3003rs/xml/BILLS-117s3003rs.xml |
117-s-3004 | II 117th CONGRESS 1st Session S. 3004 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Warnock 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 establish new requirements for State homes for veterans that receive per diem from the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Improving Care for Veterans Act . 2. Requirement that State homes for veterans have governing bodies and administrators and payments to assist State homes in hiring infection preventionists (a) Governing bodies and administrators (1) In general Subchapter V of chapter 17 of title 38, United States Code, is amended by inserting after section 1741 the following new section: 1741A. Administration requirements As a condition on the receipt of per diem payments under this subchapter, a State home shall— (1) have a governing body that— (A) is legally responsible for establishing and implementing policies regarding the management and operation of the State home; (B) consists of more than one person; and (C) appoints an administrator or deputy superintendent described in paragraph (2); (2) employ an administrator or deputy superintendent who— (A) is licensed by the State, if required by State law; and (B) meets standards established by the Secretary of Health and Human Services under sections 1819(f)(4) and 1919(f)(4) of the Social Security Act ( 42 U.S.C. 1395i–3(f)(4) , 1396r(f)(4)); (3) employ an infection preventionist (as that term is defined in section 1744A of this title); and (4) include in information submitted each year to the Secretary— (A) the name of the infection preventionist employed under paragraph (3); and (B) an emergency plan, updated annually, in case of a public health emergency or other disaster. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1741 the following new item: 1741A. Administration requirements. . (b) Funding of infection preventionists (1) Establishment Such subchapter is further amended by inserting after section 1744 the following new section: 1744A. Hiring and retention of infection preventionists: payments to assist States (a) Payment program The Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of infection preventionists. (b) Eligible recipients Payments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that fiscal year receives per diem payments under this subchapter for that fiscal year. (c) Limitations on amount of payment A payment under this section may not be used to provide more than 50 percent of the salary or wages for an infection preventionist for a fiscal year. (d) Applications (1) A payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking such payment with respect to that State home. (2) Each application under paragraph (1) shall describe the salary or wages of the infection preventionist. (e) Source of funds Payments under this section shall be made from funds available for other payments under this subchapter. (f) Disbursement Payments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home. (g) Use of certain receipts The Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the incentive program account for the State home and credited as a non-Federal funding source. (h) Annual report (1) Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment. (2) (A) Each report under paragraph (1) for a fiscal year shall be provided to the Secretary not later than 60 days after the end of the fiscal year and shall be subject to audit by the Secretary. (B) Eligibility for payment under this section for any fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous fiscal year in accordance with this subsection. (i) Regulations (1) The Secretary shall prescribe regulations to carry out this section. (2) Regulations required under paragraph (1) shall include the establishment of criteria for the award of payments under this section. (j) Infection preventionist defined In this section, the term infection preventionist , with respect to a State home, means an individual— (1) who has primary professional training in nursing, medical technology, microbiology, epidemiology, or a related field; (2) whom the Secretary determines is qualified by education, training, experience, or certification; (3) who works at least part-time at the State home; and (4) who has completed specialized training in infection prevention and control. . (2) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1744 the following new item: 1744A. Hiring and retention of infection preventionists: payments to assist States. . | https://www.govinfo.gov/content/pkg/BILLS-117s3004is/xml/BILLS-117s3004is.xml |
117-s-3005 | II Calendar No. 146 117th CONGRESS 1st Session S. 3005 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Braun introduced the following bill; which was read the first time October 20, 2021 Read the second time and placed on the calendar A BILL Establishing appropriate thresholds for certain budget points of order in the Senate, and for other purposes.
1. Short title This Act may be cited as the Make Rules Matter Act . 2. Thresholds for budget points of order (a) Threshold for point of order against emergency designations (1) Definition In this subsection, the term emergency designation point of order means a point of order raised under— (A) section 314(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 645(e) ); (B) section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g)(3) ); or (C) section 4112(e) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. (2) Waiver In the Senate, an emergency designation point of order may be waived or suspended only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. (3) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on an emergency designation point of order. (b) Threshold for large budget impact for certain Congressional Budget Act of 1974 points of order (1) In general A point of order described in paragraph (3) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (2) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order described in paragraph (3). (3) Description of large budget impact A point of order described in this paragraph is a point of order under section 302(f)(2) or 311(a)(2)(A) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(f)(2) , 642(a)(2)(A)) against legislation that would, within the time periods applicable to the point of order, as determined by the Chairman of the Committee on the Budget of the Senate, cause budget authority or outlays to exceed the applicable allocation, suballocation, level, or aggregate by more than $5,000,000,000. (c) De minimis budget impact For a violation for which the absolute value of the violation is not more than $500,000, a point of order shall not lie— (1) under the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 et seq. ) (except for a point of order under section 302 or 311 of such Act ( 2 U.S.C. 633 , 642)); or (2) under any concurrent resolution on the budget. (d) Threshold for increasing short-Term deficits (1) Reduction in net increase in the deficit In the Senate, section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, shall be applied by substituting $1,000,000,000 for $10,000,000,000 . (2) Waiver and appeal for large budget impact in the Senate (A) Waiver In the Senate, section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, may be waived or suspended by the affirmative vote of two-thirds of the Members, duly chosen and sworn, if the net increase in the deficit in any fiscal year exceeds $10,000,000,000. (B) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, if the net increase in the deficit in any fiscal year exceeds $10,000,000,000. (e) Threshold for increasing long-Term deficits (1) Reduction in net increase in the deficit In the Senate, subsections (a) and (b)(1) of section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall each be applied by substituting $1,000,000,000 for $5,000,000,000 . (2) Waiver and appeal for large budget impact in the Senate (A) Waiver In the Senate, section 3101(b)(1) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, may be waived or suspended by the affirmative vote of two-thirds of the Members, duly chosen and sworn, if the net increase in on-budget deficits in any 10-fiscal-year period exceeds $10,000,000,000. (B) Appeal In the Senate, an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under section 3101(b)(1) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, if the net increase in on-budget deficits in any 10-fiscal-year period exceeds $10,000,000,000. 3. Effective date This Act shall take effect on the date of enactment of this Act.
October 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3005pcs/xml/BILLS-117s3005pcs.xml |
117-s-3006 | II Calendar No. 147 117th CONGRESS 1st Session S. 3006 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Braun introduced the following bill; which was read the first time October 20, 2021 Read the second time and placed on the calendar A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits for fiscal years 2022 through 2031.
1. Extension of discretionary spending limits Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(c) ) is amended— (1) in paragraph (7)(B), by striking and at the end; and (2) by inserting after paragraph (8) the following: (9) for fiscal year 2022— (A) for the revised security category, $684,930,000,000 in new budget authority; and (B) for the revised nonsecurity category, $639,030,000,000 in new budget authority; (10) for fiscal year 2023— (A) for the revised security category, $698,628,600,000 in new budget authority; and (B) for the revised nonsecurity category, $651,810,600,000 in new budget authority; (11) for fiscal year 2024— (A) for the revised security category, $712,601,172,000 in new budget authority; and (B) for the revised nonsecurity category, $664,846,812,000 in new budget authority; (12) for fiscal year 2025— (A) for the revised security category, $726,853,195,440 in new budget authority; and (B) for the revised nonsecurity category, $678,143,748,240 in new budget authority; (13) for fiscal year 2026— (A) for the revised security category, $741,390,259,349 in new budget authority; and (B) for the revised nonsecurity category, $691,706,623,205 in new budget authority; (14) for fiscal year 2027— (A) for the revised security category, $756,218,064,536 in new budget authority; and (B) for the revised nonsecurity category, $705,540,755,669 in new budget authority; (15) for fiscal year 2028— (A) for the revised security category, $771,342,425,826 in new budget authority; and (B) for the revised nonsecurity category, $719,651,570,782 in new budget authority; (16) for fiscal year 2029— (A) for the revised security category, $786,769,274,343 in new budget authority; and (B) for the revised nonsecurity category, $734,044,602,198 in new budget authority; (17) for fiscal year 2030— (A) for the revised security category, $802,504,659,830 in new budget authority; and (B) for the revised nonsecurity category, $748,725,494,242 in new budget authority; and (18) for fiscal year 2031— (A) for the revised security category, $818,554,753,026 in new budget authority; and (B) for the revised nonsecurity category, $763,700,004,127 in new budget authority; .
October 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3006pcs/xml/BILLS-117s3006pcs.xml |
117-s-3007 | II Calendar No. 148 117th CONGRESS 1st Session S. 3007 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Braun introduced the following bill; which was read the first time October 20, 2021 Read the second time and placed on the calendar A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits.
1. Extension of discretionary spending limits Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(c) ) is amended— (1) in paragraph (7)(B), by striking and at the end; and (2) by inserting after paragraph (8) the following: (9) for fiscal year 2022— (A) for the revised security category, $684,930,000,000 in new budget authority; and (B) for the revised nonsecurity category, $639,030,000,000 in new budget authority; (10) for fiscal year 2023— (A) for the revised security category, $698,628,600,000 in new budget authority; and (B) for the revised nonsecurity category, $651,810,600,000 in new budget authority; and (11) for fiscal year 2024, and each fiscal year thereafter— (A) for the revised security category, the baseline amount of new budget authority estimated for the revised security category for such fiscal year by the Office of Management and Budget in accordance with section 257; and (B) for the revised nonsecurity category, the baseline amount of new budget authority estimated for the revised nonsecurity category for such fiscal year by the Office of Management and Budget in accordance with section 257; .
October 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3007pcs/xml/BILLS-117s3007pcs.xml |
117-s-3008 | II Calendar No. 149 117th CONGRESS 1st Session S. 3008 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Braun introduced the following bill; which was read the first time October 20, 2021 Read the second time and placed on the calendar A BILL To establish the Federal Rainy Day Fund to control emergency spending.
1. Limitations on emergency spending (a) Definitions In this section— (1) the term discretionary spending limit has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ); (2) the term emergency means any occasion or instance for which Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States; (3) the term Fund means the Federal Rainy Day Fund established under subsection (c)(1); and (4) the term previous year's nonemergency discretionary spending means the amount of the discretionary spending limit for all categories for the most recent previous fiscal year for which there was a discretionary spending limit, excluding any adjustment for the fiscal year for amounts designated as being for an emergency requirement under section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(i) ), as in effect on the day before the date of enactment of this Act. (b) Sense of the Senate It is the sense of the Senate that saving for a rainy day should be accompanied by offsets in other programs so that the Federal Government does not live beyond its means. (c) Federal Rainy Day Fund (1) Establishment There is established in the Treasury an account to be known as the Federal Rainy Day Fund . (2) Funding For fiscal year 2021 and each fiscal year thereafter, there is authorized to be appropriated to the Fund an amount equal to 2 percent of the amount of previous year's nonemergency discretionary spending. (3) Availability Amounts in the Fund shall remain available until expended, in accordance with subsection (d). (d) Use of Federal Rainy Day Fund (1) Prohibition on using Federal Rainy Day Fund for nonemergencies (A) Point of order against use for nonemergencies (i) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that appropriates funds from the Federal Rainy Day Fund for any program, project, or activity that is not an emergency. (ii) Point of order sustained If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (B) Form of the point of order A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (C) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subparagraph), no further amendment shall be in order. (D) No waiver or suspension In the Senate, it shall not be in order to move to waive or suspend subparagraph (A). (2) Use of Federal Rainy Day Fund first (A) Point of order against regular appropriations for emergencies (i) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that appropriates funds from the General Fund of the Treasury for an emergency, unless there are no unobligated funds in the Federal Rainy Day Fund. (ii) Point of order sustained If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (B) Form of the point of order A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (C) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subparagraph), no further amendment shall be in order. (D) No waiver or suspension In the Senate, it shall not be in order to move to waive or suspend subparagraph (A). (3) Point of order against emergency spending Section 314 of the Congressional Budget Act of 1974 ( 2 U.S.C. 645 ) is amended— (A) in subsection (d)— (i) in paragraph (1), by striking contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 and inserting contains an appropriation from the Federal Rainy Day Fund for an emergency (as defined in section __ of the ___ Act) ; and (ii) in paragraph (2)(A), by striking a designation and inserting an appropriation ; and (B) in subsection (e)— (i) in the subsection heading, by striking designation and inserting appropriation ; (ii) in paragraph (1), by striking an emergency designation in that measure, that provision making such a designation and inserting a provision containing an appropriation from the Federal Rainy Day Fund for an emergency (as defined in section __ of the ___ Act, that provision ; (iii) in paragraph (2), by striking three-fifths each place it appears and inserting two-thirds ; (iv) by striking paragraph (3); and (v) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) GAO study The Comptroller General of the United States shall submit to Congress a report assessing the relationship between emergency, disaster, and wildfire spending, which shall include recommendations, if any, to modify the spending that qualifies as emergency spending. (f) Repeal of adjustment for emergency spending Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A) ) is amended— (1) in the subparagraph heading, by striking Emergency appropriations; overseas and inserting Overseas ; (2) by striking that— and all that follows through (ii) the Congress and inserting that the Congress ; (3) by striking designates, and all that follows through the adjustment and inserting designates, the adjustment ; and (4) by striking designated as emergency requirements or for and inserting designated for . (g) Effective date This section and the amendments made by this section shall— (1) take effect on the date of enactment of this Act; and (2) apply with respect to fiscal year 2022 and each fiscal year thereafter.
October 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3008pcs/xml/BILLS-117s3008pcs.xml |
117-s-3009 | II Calendar No. 150 117th CONGRESS 1st Session S. 3009 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Braun introduced the following bill; which was read the first time October 20, 2021 Read the second time and placed on the calendar A BILL To amend title VI of the Social Security Act to remove the prohibition on States and territories against lowering their taxes.
1. Short title This Act may be cited as the Let States Cut Taxes Act . 2. Removal of restriction of use of Coronavirus State Fiscal Recovery funds (a) In general Paragraph (2) of section 602(c) of the Social Security Act ( 42 U.S.C. 802(c) ) is amended to read as follows: (2) Further restriction on use of funds No State or territory may use funds made available under this section for deposit into any pension fund. . (b) Conforming amendments Section 602 of such Act ( 42 U.S.C. 802 ) is further amended— (1) in subsection (d)(2)(A), by striking , including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period ; (2) in subsection (e), by striking such subsection, and all that follows through the period and inserting such subsection. ; and (3) in subsection (g)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (c) Effective date The amendments made by this section shall take effect as if enacted on March 12, 2021.
October 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3009pcs/xml/BILLS-117s3009pcs.xml |
117-s-3010 | II Calendar No. 151 117th CONGRESS 1st Session S. 3010 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Braun introduced the following bill; which was read the first time October 20, 2021 Read the second time and placed on the calendar A BILL To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget.
1. Short title This title may be cited as the Maximizing America’s Prosperity Act of 2021 . 2. Total spending limits (a) Total Spending Limits Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 ) is amended to read as follows: 251. Total spending limits (a) Projections (1) OMB report OMB shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code. (2) CBO report CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President’s budget. (3) Inclusion in spending reduction orders Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). (b) Spending Reduction Order (1) In general Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). (2) Calculation of spending reduction Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. (3) Limitation on reduction No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. (c) Fiscal Years of the Total Spending Period The total spending limit for each fiscal year shall be as follows: (1) Fiscal year 2022: 18.9 percent of potential GDP. (2) Fiscal year 2023: 18.6 percent of potential GDP. (3) Fiscal year 2024: 18.2 percent of potential GDP. (4) Fiscal year 2025: 18.4 percent of potential GDP. (5) Fiscal year 2026: 18.3 percent of potential GDP. (6) Fiscal year 2027: 18.2 percent of potential GDP. (7) Fiscal year 2028: 18.6 percent of potential GDP. (8) Fiscal year 2029: 17.9 percent of potential GDP. (9) Fiscal year 2030: 17.7 percent of potential GDP. (10) Fiscal year 2031 and subsequent fiscal years: 17.5 percent of potential GDP. (d) Reduction for unfunded Federal mandates The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 ( 2 U.S.C. 658 )) enacted after the date of the enactment of the Maximizing America’s Prosperity Act of 2021 . Such amount shall not be treated as being less than zero with respect to any fiscal year. . (b) Definitions Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ) is amended by adding at the end the following: (22) (A) The term total spending means all budget authority and outlays of the Government excluding net interest. (B) The term total spending limit means the maximum permissible total spending of the Government set forth as a percentage of estimated potential GDP specified in section 251(c). (23) The term potential GDP means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate. . (c) Conforming amendments Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) is amended— (1) in section 254 ( 2 U.S.C. 904 )— (A) in subsection (a), in the table, by inserting and spending reduction after sequestration each place it appears; (B) in subsection (c)— (i) in the subsection heading, by inserting and spending reduction after Sequestration ; (ii) in paragraph (1), by striking discretionary, pay-as-you-go, and deficit sequestration and inserting pay-as-you-go and deficit sequestration and regarding spending reduction ; (iii) by striking paragraph (2) and inserting the following: (2) Spending reduction report The preview reports shall set forth for the budget year estimates for each of the following: (A) Estimated total spending. (B) Estimate of potential GDP. (C) The spending reduction necessary to comply with the total spending limit under section 251(c). ; (C) in subsection (e)— (i) in the subsection heading, by inserting and spending reduction after Sequestration ; and (ii) by inserting and spending reduction after sequestration each place it appears; and (D) in subsection (f)— (i) in the subsection heading, by inserting and spending reduction after Sequestration ; (ii) in paragraph (1), by inserting and spending reduction after sequestration ; (iii) by striking paragraph (2); (iv) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (v) in paragraph (2), as so redesignated— (I) in the heading, by inserting and spending reduction before reports ; (II) in the first sentence, by inserting spending reduction report after preview reports ; and (III) by striking the second sentence and inserting the following: In addition, these reports shall contain, for the budget year, for each account to be sequestered or subject to a spending reduction, as the case may be, estimates of the baseline level of sequestrable or reducible budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered or reduced and resulting outlay reductions. ; (vi) in paragraph (3), as so redesignated, by striking sequesterable and inserting sequestrable or reducible ; and (vii) in paragraph (4), as so redesignated— (I) by inserting or spending reduction after final sequestration ; (II) by inserting or spending reduction before is required ; and (III) by inserting or spending reductions, as the case may be, after sequestrations ; (2) in section 257(a) ( 2 U.S.C. 907(a) ), by inserting total spending, after outlays, ; and (3) in section 258C(a)(1) ( 2 U.S.C. 907d(a)(1) )— (A) by inserting or spending reduction after sequestration each place the term appears; and (B) by striking 252 or 253 and inserting 251, 252, or 253 . (d) Table of contents The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(a) ) is amended by striking the item relating to section 251 and inserting the following: Sec. 251. Total spending limits. . 3. Allocation for emergencies (a) In general Section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) is amended by adding at the end the following new paragraph: (6) Allocation to the Committees on Appropriations for emergencies Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose. . (b) Budget of the President Section 1105(a)(14) of title 31, United States Code, is amended by inserting , including an amount for emergency spending not less than 1 percent of all discretionary spending for that year before the period. 4. President’s budget submissions to Congress Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: (i) (1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America’s Prosperity Act of 2021 . (2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the— (A) vital to the general welfare and requires national policy; (B) important to the general welfare and requires national policy; (C) important to the general welfare and benefits from national policy; (D) advances the general welfare and can largely be accomplished by non-Federal entities; and (E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category. . 5. Concurrent resolutions on the budget (a) In general Section 312 of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 ) is amended by adding at the end the following new subsection: (g) Statutory cap on total Federal spending point of order It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985. . (b) Conforming amendment Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 note) are each amended by striking and 312(c) and inserting 312(c), and 312(g) .
October 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3010pcs/xml/BILLS-117s3010pcs.xml |
117-s-3011 | II 117th CONGRESS 1st Session S. 3011 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Cornyn (for himself, Mr. Padilla , Mr. Wyden , Ms. Murkowski , Mrs. Murray , Mr. Kelly , Mr. Kennedy , and Mrs. Shaheen ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend title VI of the Social Security Act to allow States and local governments to use coronavirus relief funds provided under the American Rescue Plan Act for infrastructure projects, improve the Local Assistance and Tribal Consistency Fund, provide Tribal governments with more time to use Coronavirus Relief Fund payments, and for other purposes.
1. Short title This Act may be cited as the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act . 2. Authority to use coronavirus relief funds for infrastructure projects (a) In general Title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ), as amended by section 40909 of the Infrastructure Investment and Jobs Act, is amended— (1) in section 602— (A) in subsection (a)(1), by inserting (except as provided in subsection (c)(5)) after December 31, 2024 ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraphs (3), (4), and (5) ; (II) by amending subparagraph (C) to read as follows: (C) for the provision of government services up to an amount equal to the greater of— (i) the amount of the reduction in revenue of such State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or (ii) $10,000,000; ; (III) in subparagraph (D), by striking the period at the end and inserting ; or ; and (IV) by adding at the end the following new subparagraph: (E) to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs. ; and (ii) by adding at the end the following new paragraph: (5) Authority to use funds for certain infrastructure projects (A) In general Subject to subparagraph (C), notwithstanding any other provision of law, a State, territory, or Tribal government receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B), including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (C)(iv)— (i) in the case of a project eligible under section 117 of title 23, United States Code, or section 5309 or 6701 of title 49, United States Code, to satisfy a non-Federal share requirement applicable to such a project; and (ii) in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code— (I) to satisfy a non-Federal share requirement applicable to such a project; and (II) to repay a loan provided under such program. (B) Projects described A project referred to in subparagraph (A) is any of the following: (i) A project eligible under section 117 of title 23, United States Code. (ii) A project eligible under section 119 of title 23, United States Code. (iii) A project eligible under section 124 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (iv) A project eligible under section 133 of title 23, United States Code. (v) An activity to carry out section 134 of title 23, United States Code. (vi) A project eligible under section 148 of title 23, United States Code. (vii) A project eligible under section 149 of title 23, United States Code. (viii) A project eligible under section 151(f) of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (ix) A project eligible under section 165 of title 23, United States Code. (x) A project eligible under section 167 of title 23, United States Code. (xi) A project eligible under section 173 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xii) A project eligible under section 175 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xiii) A project eligible under section 176 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xiv) A project eligible under section 202 of title 23, United States Code. (xv) A project eligible under section 203 of title 23, United States Code. (xvi) A project eligible under section 204 of title 23, United States Code. (xvii) A project eligible under the program for national infrastructure investments (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program ). (xviii) A project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code. (xix) A project that furthers the completion of a designated route of the Appalachian Development Highway System under section 14501 of title 40, United States Code. (xx) A project eligible under section 5307 of title 49, United States Code. (xxi) A project eligible under section 5309 of title 49, United States Code. (xxii) A project eligible under section 5311 of title 49, United States Code. (xxiii) A project eligible under section 5337 of title 49, United States Code. (xxiv) A project eligible under section 5339 of title 49, United States Code. (xxv) A project eligible under section 6703 of title 49, United States Code, as added by the Infrastructure Investment and Jobs Act. (xxvi) A project eligible under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (xxvii) A project eligible under the bridge replacement, rehabilitation, preservation, protection, and construction program under paragraph (1) under the heading highway infrastructure program under the heading Federal highway administration under the heading Department of Transportation under title VIII of division J of the Infrastructure Investment and Jobs Act. (C) Limitations; application of requirements (i) Limitation on amounts to be used for infrastructure projects (I) In general The total amount that a State, territory, or Tribal government may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of— (aa) $10,000,000; and (bb) 30 percent of such payment. (II) Rule of application The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation. (ii) Limitation on operating expenses Funds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of subparagraph (B). (iii) Application of requirements Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section— (I) the requirements of section 60102 of the Infrastructure Investment and Jobs Act shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of subparagraph (B) that relates to broadband infrastructure; (II) the requirements of titles 23, 40, and 49 of the United States Code, title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq) shall apply to funds provided under a payment made under this section that are used for projects described in subparagraph (B); and (III) a State government receiving a payment under this section may use funds provided under such payment for projects described in clauses (i) through (xxvii) of subparagraph (B), as applicable, that— (aa) demonstrate progress in achieving a state of good repair as required by the State’s asset management plan under section 119(e) of title 23, United States Code; and (bb) support the achievement of 1 or more performance targets of the State established under section 150 of title 23, United States Code. (iv) Oversight The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency. (v) Supplement, not supplant Amounts from a payment made under this section that are used by a State, territory, or Tribal government for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses. (D) Reports The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by States, territories, and Tribal governments under subparagraph (A). (E) Availability Funds provided under a payment made under this section to a State, territory, or Tribal government shall remain available for obligation for a use described in subparagraph (A) through December 31, 2024, except that no amount of such funds may be expended after September 30, 2026. ; and (2) in subsection 603— (A) in subsection (a), by inserting (except as provided in subsection (c)(6)) after December 31, 2024 ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking paragraphs (3) and (4) and inserting paragraphs (3), (4), (5), and (6) ; (II) by amending subparagraph (C) to read as follows: (C) for the provision of government services up to an amount equal to the greater of— (i) the amount of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county to the emergency; or (ii) $10,000,000; ; (III) in subparagraph (D), by striking the period at the end and inserting ; or ; and (IV) by adding at the end the following new subparagraph: (E) to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs. ; and (ii) by adding at the end the following new paragraph: (6) Authority to use funds for certain infrastructure projects (A) In general Subject to subparagraph (B), notwithstanding any other provision of law, a metropolitan city, nonentitlement unit of local government, or county receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B) of section 602(c)(5), including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (B)(iv)— (i) in the case of a project eligible under section 117 of title 23, United States Code, or section 5309 or 6701 of title 49, United States Code, to satisfy a non-Federal share requirement applicable to such a project; and (ii) in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code— (I) to satisfy a non-Federal share requirement applicable to such a project; and (II) to repay a loan provided under such program. (B) Limitations; application of requirements (i) Limitation on amounts to be used for infrastructure projects (I) In general The total amount that a metropolitan city, nonentitlement unit of local government, or county may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of— (aa) $10,000,000; and (bb) 30 percent of such payment. (II) Rule of application The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation. (ii) Limitation on operating expenses Funds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of section 602(c)(5)(B). (iii) Application of requirements Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section— (I) the requirements of section 60102 of the Infrastructure Investment and Jobs Act shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of section 602(c)(5)(B) that relates to broadband infrastructure; and (II) the requirements of titles 23, 40, and 49 of the United States Code, title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq) shall apply to funds provided under a payment made under this section that are used for projects described in section 602(c)(5)(B). (iv) Oversight The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency. (v) Supplement, not supplant Amounts from a payment made under this section that are used by a metropolitan city, nonentitlement unit of local government, or county for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses. (C) Reports The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by metropolitan cities, nonentitlement units of local government, or counties under subparagraph (A). (D) Availability Funds provided under a payment made under this section to a metropolitan city, nonentitlement unit of local government, or county shall remain available for obligation for a use described in subparagraph (A) through December 31, 2024, except that no amount of such funds may be expended after September 30, 2026. . (b) Technical amendments Sections 602(c)(3) and 603(c)(3) of title VI of the Social Security Act ( 42 U.S.C. 802(c)(3) , 803(c)(3)) are each amended by striking paragraph (17) of . (c) Guidance and effective date (1) Guidance or rule Within 60 days of the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue guidance or promulgate a rule to carry out the amendments made by this section, including updating reporting requirements on the use of funds under this section. (2) Effective date The amendments made by this section shall take effect upon the issuance of guidance or the promulgation of a rule described in paragraph (1). (d) Department of the Treasury administrative expenses (1) In general Notwithstanding any other provision of law, the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this subsection as the Secretary ) for administrative expenses pursuant to the provisions specified in paragraph (2) shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for any administrative expenses of the Department of the Treasury determined by the Secretary to be necessary to respond to the coronavirus emergency, including any expenses necessary to implement any provision of— (A) the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ); (B) division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); (C) the American Rescue Plan Act ( Public Law 117–2 ); or (D) title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ). (2) Provisions specified The provisions specified in this paragraph are the following: (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ). (B) Section 421(f)(2) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (D) Section 602(a)(2) of the Social Security Act ( 42 U.S.C. 802(a)(2) ). 3. Local Assistance and Tribal Consistency Fund Section 605 of the Social Security Act ( 42 U.S.C. 805 ) is amended to read as follows: 605. Local Assistance and Tribal Consistency Fund (a) Appropriation In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2022 and 2023 in accordance with subsection (b), for making payments under this section to eligible revenue sharing recipients, eligible Tribal governments, and territories. (b) Authority to make payments (1) Allocations and payments to eligible revenue sharing recipients (A) Allocations to revenue sharing counties For each of fiscal years 2022 and 2023, the Secretary shall reserve $742,500,000 of the total amount appropriated under subsection (a) to allocate to each revenue sharing county and, except as provided in subparagraph (B), pay to each revenue sharing county that is an eligible revenue sharing county amounts that are determined by the Secretary taking into account the amount of entitlement land in each revenue sharing county and the economic conditions of each revenue sharing county, using such measurements of poverty, household income, and unemployment over the most recent 20-year period as of September 30, 2021, to the extent data are available, as well as other economic indicators the Secretary determines appropriate. (B) Special allocation rules (i) Revenue sharing counties with limited government functions In the case of an amount allocated to a revenue sharing county under subparagraph (A) that is a county with limited government functions, the Secretary shall allocate and pay such amount to each eligible revenue sharing local government within such county with limited government functions in an amount determined by the Secretary taking into account the amount of entitlement land in each eligible revenue sharing local government and the population of such eligible revenue sharing local government relative to the total population of such county with limited government functions. (ii) Eligible revenue sharing county in Alaska In the case of the eligible revenue sharing county described in subparagraph (f)(3)(C), the Secretary shall pay the amount allocated to such eligible revenue sharing county to the State of Alaska. The State of Alaska shall distribute such payment to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the eligible revenue sharing county for which the payment was received. (C) Pro rata adjustment authority The amounts otherwise determined for allocation and payment under subparagraphs (A) and (B) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated and paid to eligible revenue sharing recipients in accordance with the requirements specified in each such subparagraph. (2) Allocations and payments to eligible Tribal governments For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe. (3) Allocations and payments to territories For each of fiscal years 2022 and 2023, the Secretary shall reserve $7,500,000 of the total amount appropriated under subsection (a) to allocate and pay to each territory an amount which bears the same proportion to the amount reserved in this paragraph as the population of such territory bears to the total population of all such territories. (c) Use of payments An eligible revenue sharing recipient, an eligible Tribal government, or a territory may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity. (d) Reporting requirement Any eligible revenue sharing recipient and any territory receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing recipient or territory, as applicable, and such other information as the Secretary may require for the administration of this section. (e) Recoupment Any eligible revenue sharing recipient or any territory that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to— (1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and (2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing recipient or the territory under this section for all fiscal years. (f) Definitions In this section: (1) County The term county means a county, parish, or other equivalent county division (as defined by the Bureau of the Census) in 1 of the 50 States. (2) County with limited government functions The term county with limited government functions means a county in which entitlement land is located that is not an eligible revenue sharing county. (3) Eligible revenue sharing county The term eligible revenue sharing county means— (A) a unit of general local government (as defined in section 6901(2) of title 31, United States Code) that is a county in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; (B) the District of Columbia; or (C) the combined area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a unit of general local government described in subparagraph (A). (4) Eligible revenue sharing local government The term eligible revenue sharing local government means a unit of general local government (as defined in section 6901(2) of title 31, United States Code) in which entitlement land is located that is not a county or territory and which is eligible for a payment under section 6902(a) of title 31, United States Code. (5) Eligible revenue sharing recipients The term eligible revenue sharing recipients means, collectively, eligible revenue sharing counties and eligible revenue sharing local governments. (6) Eligible tribal government The term eligible Tribal government means the recognized governing body of an eligible Tribe. (7) Eligible tribe The term eligible Tribe means 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 March 11, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (8) Entitlement land The term entitlement land has the meaning given to such term in section 6901(1) of title 31, United States Code. (9) Revenue sharing county The term revenue sharing county means— (A) an eligible revenue sharing county; or (B) a county with limited government functions. (10) Secretary The term Secretary means the Secretary of the Treasury. (11) Territory The term territory means— (A) the Commonwealth of Puerto Rico; (B) the United States Virgin Islands; (C) Guam; (D) the Commonwealth of the Northern Mariana Islands; or (E) American Samoa. . 4. Extension of availability of coronavirus relief fund payments to Tribal governments Section 601(d)(3) of the Social Security Act ( 42 U.S.C. 801(d)(3) ) is amended by inserting (or, in the case of costs incurred by a Tribal government, during the period that begins on March 1, 2020, and ends on December 31, 2022) before the period. 5. Rescission of coronavirus relief and recovery funds declined by States, territories, or other governmental entities Title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ) is amended by adding at the end the following new section: 606. Rescission of funds declined by States, territories, or other governmental entities (a) Rescission (1) In general Subject to paragraphs (2) and (3), if a State, territory, or other governmental entity provides notice to the Secretary of the Treasury in the manner provided by the Secretary of the Treasury that the State, territory, or other governmental entity intends to decline all or a portion of the amounts that are to be awarded to the State, territory, or other governmental entity from funds appropriated under this title, an amount equal to the unaccepted amounts or portion of such amounts allocated by the Secretary of the Treasury as of the date of such notice that would have been awarded to the State, territory, or other governmental entity shall be rescinded from the applicable appropriation account. (2) Exclusion Paragraph (1) shall not apply with respect to funds that are to be paid to a State under section 603 for distribution to nonentitlement units of local government. (3) Rules of construction Paragraph (1) shall not be construed as— (A) preventing a sub-State governmental entity, including a nonentitlement unit of local government, from notifying the Secretary of the Treasury that the sub-State governmental entity intends to decline all or a portion of the amounts that a State may distribute to the entity from funds appropriated under this title; or (B) allowing a State to prohibit or otherwise prevent a sub-State governmental entity from providing such a notice. (b) Use for deficit reduction Amounts rescinded under subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. (c) State or other governmental entity defined In this section, the term State, territory, or other governmental entity means any entity to which a payment may be made directly to the entity under this title other than a Tribal government, as defined in sections 601(g), 602(g), and 604(d), and an eligible Tribal government, as defined in section 605(f). . | https://www.govinfo.gov/content/pkg/BILLS-117s3011cps/xml/BILLS-117s3011cps.xml |
117-s-3012 | II 117th CONGRESS 1st Session S. 3012 IN THE SENATE OF THE UNITED STATES October 19, 2021 Mr. Marshall (for himself, Mr. Paul , Ms. Ernst , Mr. Tuberville , Mrs. Blackburn , Mr. Hagerty , Mr. Braun , Mr. Lankford , Mr. Rubio , Mr. Cotton , 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 provide a moratorium on all Federal research grants provided to any institution of higher education or other research institute that is conducting gain-of-function research.
1. Short title This Act may be cited as the Viral Gain of Function Research Moratorium Act . 2. Prohibition on Federal research grants for institutions and research institutes conducting gain-of-function research (a) Definition of gain-of-Function research In this section, the term gain-of-function research means any research that— (1) may be reasonably anticipated to confer attributes to influenza, MERS, or SARS viruses such that the virus would have enhanced pathogenicity or transmissibility in any organism; or (2) involves the enhancement of potential pandemic pathogens or related risky research with potentially dangerous pathogens. (b) Prohibition Notwithstanding any other provision of law, no research grants supported by Federal funds may be awarded to institutions of higher education, or other research institutes, that are conducting gain-of-function research. | https://www.govinfo.gov/content/pkg/BILLS-117s3012is/xml/BILLS-117s3012is.xml |
117-s-3013 | II 117th CONGRESS 1st Session S. 3013 IN THE SENATE OF THE UNITED STATES October 20, 2021 Ms. Ernst (for herself, Mr. Kelly , Mr. Cramer , Mr. Blumenthal , Mr. Crapo , Mr. Van Hollen , Mr. Tillis , Mr. Bennet , Mr. Hoeven , Mrs. Gillibrand , Ms. Collins , Ms. Klobuchar , Mr. Scott of Florida , Ms. Hirono , Mr. Daines , Mrs. Shaheen , Mr. Risch , Mr. Menendez , Mr. Blunt , Mr. King , Mr. Cornyn , Mr. Padilla , Mr. Marshall , Mr. Ossoff , Mr. Sullivan , Mr. Tuberville , Mr. Grassley , Mr. Rubio , Ms. Murkowski , Mr. Wyden , Mr. Hickenlooper , Ms. Rosen , Mr. Warner , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the evaluation and standardization of suicide prevention efforts by the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Save Our Servicemembers Act of 2021 . 2. Evaluation and standardization of suicide prevention efforts by the Department of Defense Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall— (1) direct the Defense Suicide Prevention Office to collaborate with each Secretary of a military department— (A) to develop and implement a process to ensure that individual non-clinical suicide prevention efforts are assessed for effectiveness among members of the Armed Forces; and (B) to develop consistent suicide-related definitions to be used throughout the Department of Defense; (2) require the use of suicide-related definitions developed under paragraph (1)(B) to be used in any updated policies of the Department of Defense or any military department; and (3) enhance collaboration between the Defense Suicide Prevention Office and the Psychological Health Center of Excellence on the production of annual suicide reports to minimize duplication of efforts by the Department of Defense. | https://www.govinfo.gov/content/pkg/BILLS-117s3013is/xml/BILLS-117s3013is.xml |
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