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117-s-3114 | II 117th CONGRESS 1st Session S. 3114 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Sullivan (for himself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To expand and improve the Legal Assistance for Victims Grant Program to ensure legal assistance is provided for survivors in proceedings related to domestic violence and sexual assault, and for other purposes.
1. Short title This Act may be cited as the Ensuring Representation for Survivors Act . 2. Ensuring access to legal assistance in proceedings related to domestic violence and sexual assault Section 1201 of the Violence Against Women Act of 2000 ( 34 U.S.C. 20121 ) is amended— (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following: (f) Grants to States To ensure access to legal assistance (1) In general In each fiscal year, the Attorney General shall award to each State submitting an application under paragraph (3) a grant in an amount equal to .5 percent of the total amount appropriated under subsection (g) for the fiscal year, to be used to provide legal assistance to survivors of domestic violence, dating violence, stalking, and sexual assault, with the goal of all survivors of domestic violence, dating violence, stalking, and sexual assault receiving legal assistance. (2) Use of funds (A) In general Any funds received by a State under this subsection shall be distributed by the State to public or private entities within the State to implement, expand, and establish efforts and projects to provide legal assistance, including pro bono representation and legal advocacy, to help survivors of domestic violence, dating violence, stalking, or sexual assault— (i) initiate or respond to motions to vacate or expunge a conviction, or similar actions, where the jurisdiction permits such a legal action based on a person’s being a crime victim; and (ii) other legal actions, other than tort actions, which, in the civil context, are reasonably necessary as a direct result of the victimization, such as— (I) civil legal assistance with divorce, child custody, child welfare, and support proceedings with corresponding enforcement; (II) assistance with and representation at proceedings for protective orders, restraining orders, or other stay-away orders; (III) assistance with contract, housing, employment, education, healthcare, benefits, and privacy matters; and (IV) intervention with creditors, law enforcement officers, and other entities on behalf of survivors of identity theft and financial fraud. (B) Eligibility A public or private entity seeking distribution of grant funds received by a State under this subsection shall meet the eligibility requirements described in subsection (d). (3) Application Each State seeking a grant under this subsection shall submit an application to the Attorney General at such time and in such manner as the Attorney General may reasonably require. ; and (3) in subsection (g), as so redesignated, by striking $57,000,000 for each of fiscal years 2014 through 2018 and inserting $80,000,000 for each of fiscal years 2021 through 2025 . | https://www.govinfo.gov/content/pkg/BILLS-117s3114is/xml/BILLS-117s3114is.xml |
117-s-3115 | II 117th CONGRESS 1st Session S. 3115 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Sullivan (for himself, Mrs. Shaheen , Mrs. Capito , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To remove the 4-year sunset from the Pro bono Work to Empower and Represent Act of 2018.
1. Short title This Act may be cited as the Pro bono Work to Empower and Represent Act of 2021 or the POWER 2.0 Act . 2. Removal of sunset Section 3(a) of the Pro bono Work to Empower and Represent Act of 2018 ( Public Law 115–237 ; 132 Stat. 2448) is amended by striking for a period of 4 years . | https://www.govinfo.gov/content/pkg/BILLS-117s3115is/xml/BILLS-117s3115is.xml |
117-s-3116 | II 117th CONGRESS 1st Session S. 3116 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Sullivan (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 36, United States Code, to designate October 1 as Choose Respect Day, and for other purposes.
1. Short title This Act may be cited as the Choose Respect Act . 2. Designation (a) In general Chapter 1 of title 36, United States Code, is amended by adding at the end the following: 146. Choose Respect Day (a) Designation October 1 is Choose Respect Day. (b) Recognition All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Choose Respect Day through proclamations, activities, and educational efforts in furtherance of changing the culture around the tolerance of violence against women. . (b) Technical and conforming amendment The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following: 146. Choose Respect Day. . 3. Media campaign (a) Definitions In this section: (1) Director The term Director means the Director of the Office on Violence Against Women. (2) National media campaign The term national media campaign means the national Choose Respect media campaign described in subsection (b). (b) Media campaign The Director shall, to the extent feasible and appropriate, conduct a national Choose Respect media campaign in accordance with this section for the purposes of— (1) preventing and discouraging the mistreatment of women, including domestic abuse, violence, stalking, and harassment; (2) supporting evidence-based prevention programs targeting the attitudes, perceptions, and beliefs of individuals who have or are likely to participate in the activities described in paragraph (1); (3) encouraging victims of the activities described in paragraph (1) to seek help through the means determined to be most effective by the most current evidence available, including seeking legal representation; and (4) informing the public about the help available to victims of the activities described in paragraph (1). (c) Use of funds (1) In general Amounts made available to carry out this section for the national media campaign may only be used for the following: (A) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such purchases. (B) Creative and talent costs, consistent with paragraph (2). (C) Advertising production costs, which may include television, radio, internet, social media, and other commercial marketing venues. (D) Testing and evaluation of advertising. (E) Evaluation of the effectiveness of the national media campaign. (F) Costs of contracts to carry out activities authorized by this section. (G) Partnerships with professional and civic groups, community-based organizations, including faith-based organizations, and government organizations related to the national media campaign. (H) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, corporate sponsorship and participation, and professional sports associations and military branch participation. (I) Operational and management expenses. (2) Specific requirements (A) Creative services In using amounts for creative and talent costs under paragraph (1), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising— (i) responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or (ii) intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost. (B) Testing and evaluation of advertising In using amounts for testing and evaluation of advertising under paragraph (1)(D), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective with the target audience and meet industry-accepted standards. The Director may waive this requirement for advertisements using no more than 10 percent of the purchase of advertising time purchased under this section in a fiscal year and no more than 10 percent of the advertising space purchased under this section in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign. (C) Consultation For the planning of the campaign under subsection (b), the Director may consult with— (i) leading national advocacy groups; (ii) the heads of any victim support or antiviolence against women Federal agency or interagency department; (iii) State, local, and Tribal governments; (iv) experts in the field of preventing violence against women; and (v) communications professionals. (D) Evaluation of effectiveness of national media campaign In using amounts for the evaluation of the effectiveness of the national media campaign under paragraph (1)(E), the Attorney General shall— (i) designate an independent entity to evaluate by April 20 of each year the effectiveness of the national media campaign based on data from any relevant studies or publications, as determined by the Attorney General, including tracking and evaluation data collected according to marketing and advertising industry standards; and (ii) ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to changes in attitude or behaviors among the target audience with respect to violence against women and such other measures of evaluation as the Attorney General determines are appropriate. (d) Advertising In carrying out this section, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. (e) Responsibilities and functions under the program (1) In general The Director shall determine the overall purposes and strategy of the national media campaign. (2) Director (A) In general The Director shall approve— (i) the strategy of the national media campaign; (ii) all advertising and promotional material used in the national media campaign; and (iii) the plan for the purchase of advertising time and space for the national media campaign. (B) Implementation The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in subsection (b) and shall ensure— (i) information disseminated through the campaign is accurate and scientifically valid; and (ii) the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and requirements of subsection (b), which may include— (I) a media campaign, as described in subsection (c); (II) local, regional, or population specific messaging; (III) the development of websites to publicize and disseminate information; (IV) conducting outreach and providing educational resources for women; (V) collaborating with law enforcement agencies; and (VI) providing support for school-based public health education classes to improve teen knowledge about the effects of violence against women. (f) Prohibitions None of the amounts made available under subsection (c) may be obligated or expended for any of the following: (1) To supplant current antiviolence against women community-based coalitions. (2) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. (3) For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. (4) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations. (5) To fund advertising that does not contain a primary message intended to reduce or prevent violence against women. (6) To fund advertising containing a primary message intended to promote support for the national media campaign or private sector contributions to the national media campaign. (g) Financial and performance accountability The Director shall cause to be performed— (1) audits and reviews of costs of the national media campaign pursuant to section 4706 of title 41, United States Code; and (2) an audit to determine whether the costs of the national media campaign are allowable under chapter 43 of title 41, United States Code. (h) Report to Congress The Director shall submit on an annual basis a report to Congress that describes— (1) the strategy of the national media campaign and whether specific objectives of the national media campaign were accomplished; (2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign; (3) plans to purchase advertising time and space; (4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; (5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign; (6) the results of any financial audit of the national media campaign; (7) a description of any evidence used to develop the national media campaign; (8) specific policies and steps implemented to ensure compliance with this section; (9) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information necessary to provide a complete accounting of the funds expended; and (10) a review and evaluation of the effectiveness of the national media campaign strategy for the past year. (i) Authorization of appropriations There are authorized to be appropriated to the Director to carry out this section $5,000,000 for each of fiscal years 2021 through 2026, to remain available until expended. 4. Reimplementation of Choose Respect Initiative (a) In general The Director of the Centers for Disease Control and Prevention shall reimplement the national Choose Respect initiative that the Centers for Disease Control and Prevention implemented in 2006. (b) Report The Director of the Centers for Disease Control and Prevention shall submit to Congress a report on the reimplementation of the Choose Respect initiative required under subsection (a). (c) Authorization of appropriations There are authorized to be appropriated to the Director of the Centers for Disease Control and Prevention to carry out this section $1,000,000 for each of fiscal years 2021 through 2026, to remain available until expended. 5. Semipostal (a) Definition In this section, the term semipostal stamp has the meaning given the term semipostal in section 416(a) of title 39, United States Code. (b) Issuance In order to afford a convenient way for members of the public to contribute to changing the culture around the tolerance of violence against women, the United States Postal Service shall issue a semipostal stamp (referred to in this section as the Choose Respect Semipostal Stamp ) in accordance with subsection (c). (c) Terms and conditions (1) In general Except as provided in this subsection, the issuance and sale of the Choose Respect Semipostal Stamp shall be governed by section 416 of title 39, United States Code, and regulations issued under that section. (2) Duration The Choose Respect Semipostal Stamp shall be made available to the public for a period of 5 years, beginning not later than 1 year after the date of enactment of this Act. (3) Disposition of proceeds All amounts becoming available from the sale of the Choose Respect Semipostal Stamp (as determined under section 416(d) of title 39, United States Code) shall be transferred to the Director of the Office on Violence Against Women, for the purpose described in subsection (b), through payments which shall be made not less frequently than 2 times a year. (4) Limitation For purposes of section 416 of title 39, United States Code (including any regulation prescribed under subsection (e)(1)(C) of that section), the semipostal issued under this section shall not apply to any limitation relating to whether more than 1 semipostal may be offered for sale at the same time. | https://www.govinfo.gov/content/pkg/BILLS-117s3116is/xml/BILLS-117s3116is.xml |
117-s-3117 | II 117th CONGRESS 1st Session S. 3117 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Markey (for himself, Mr. Blumenthal , Mrs. Feinstein , Ms. Warren , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Financial Crimes Enforcement Network to issue an advisory about how homegrown violent extremists and other perpetrators of domestic terrorism procure firearms and firearm accessories, and for other purposes.
1. Short title This Act may be cited as the Gun Violence Prevention Through Financial Intelligence Act . 2. Advisory on the procurement of firearms and firearm accessories (a) Definitions In this section: (1) Domestic terrorism The term domestic terrorism has the meaning given the term in section 2331 of title 18, United States Code. (2) FinCEN The term FinCEN means the Financial Crimes Enforcement Network. (3) Financial institution The term financial institution has the meaning given the term in section 5312(a) of title 31, United States Code. (4) Firearm The term firearm has the meaning given the term in section 921(a) of title 18, United States Code. (b) Request for information (1) In general Not later than 1 year after the date of enactment of this Act, FinCEN shall request information from financial institutions for the purpose of developing an advisory about the identification and reporting of suspicious activity relating to— (A) how homegrown violent extremists and perpetrators of domestic terrorism procure firearms and firearm accessories for the purpose of carrying out lone actor or lone wolf acts of terror within the United States; and (B) the ways in which the firearms market in the United States is exploited to facilitate gun violence in the United States. (2) Application of section 5318(g) of title 31 Section 5318(g) of title 31, United States Code, shall apply to a request for information from a financial institution by FinCEN under paragraph (1) in the same manner that section applies to a requirement by the Secretary of the Treasury of a financial institution to report a suspicious transaction under that section. (3) Tailoring In requesting information from a financial institution under paragraph (1), FinCEN shall consider the size of the financial institution and tailor the request accordingly. (4) Consultation Before requesting information from a financial institution under paragraph (1), FinCEN shall consult, with respect to the nature of the request, with— (A) the Director of the Federal Bureau of Investigation; (B) the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice; and (C) sellers of firearms and firearm accessories. (c) Advisory (1) Sufficient information collected Not later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is sufficient to develop the advisory described in that subsection, FinCEN shall issue the advisory. (2) Insufficient information collected Not later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is not sufficient to develop the advisory described in that subsection, FinCEN shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes— (A) the type information collected under subsection (b)(1); (B) the methodology used to collect such information; (C) the degree to which financial institutions provided information requested; (D) why such information is not sufficient to develop the advisory described in subsection (b)(1); and (E) any barriers to obtaining the information that is required to develop the advisory described in subsection (b)(1). (d) Rulemaking Not later than 90 days after the date of enactment of this Act, FinCEN, in consultation with the Director of the Federal Bureau of Investigation and the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice, shall promulgate a rule that defines the following terms for the purpose of this section: (1) Firearm accessory. (2) Homegrown violent extremist. (3) Lone wolf. (4) Lone actor. | https://www.govinfo.gov/content/pkg/BILLS-117s3117is/xml/BILLS-117s3117is.xml |
117-s-3118 | II 117th CONGRESS 1st Session S. 3118 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Cornyn (for himself, Mr. Coons , Mr. Cassidy , Mrs. Capito , Mr. Heinrich , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a hydrogen infrastructure finance and innovation pilot program, and for other purposes.
1. Short title This Act may be cited as the Hydrogen Infrastructure Finance and Innovation Act . 2. Study Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency, the Council on Environmental Quality, the Administrator of the Energy Information Administration, and the heads of other relevant Federal agencies, shall conduct a study subject to notice and public comment— (1) to fully assess and report the potential layout of pipeline corridors that are robust against a range of projected hydrogen demand futures; (2) to synthesize the results from research, development, and demonstration projects on materials and metallurgy for transporting and storing hydrogen and hydrogen-rich fuels; (3) to determine outstanding questions with regard to research, development, and demonstration of infrastructure for transporting and storing hydrogen and hydrogen-rich fuels; (4) to investigate the behavior and environmental impact of hydrogen leakage in pipelines and from geologic storage sites and nongeologic storage equipment; (5) to determine best practices for the construction and maintenance of hydrogen pipelines; (6) to determine the percentage at which hydrogen must be blended into the natural gas network to substantially reduce carbon intensity; and (7) to establish a framework for the measurement, reporting, and management of hydrogen leaks. 3. Supporting hydrogen infrastructure and regional development of hydrogen (a) Definitions In this section: (1) Board-regulated rates The term Board-regulated rates means rates regulated by the Surface Transportation Board. (2) Commission-regulated rates The term Commission-regulated rates means rates regulated by the Federal Energy Regulatory Commission. (3) Common carrier The term common carrier means a transportation infrastructure operator or owner that— (A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and (B) holds itself out to provide transportation services to the public for a fee. (4) Eligible activity The term eligible activity means an activity described in subsection (g)(2) relating to, or carried out in connection with, an eligible project. (5) Eligible entity The term eligible entity means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity. (6) Eligible project (A) In general Subject to subparagraph (B), the term eligible project means an infrastructure project for hydrogen transportation, storage, or delivery, including pipeline, shipping, rail, refueling, or other infrastructure, or associated equipment, as the Secretary determines to be appropriate. (B) Inclusion of pipeline projects The term eligible project includes a pipeline project only if the project is for— (i) the construction of 1 or more new pipelines that are capable of handling pure hydrogen; or (ii) the retrofitting of 1 or more existing natural gas pipelines— (I) to transport a blend of hydrogen and natural gas; and (II) in a manner that will significantly increase the capacity of the pipelines to transport hydrogen, as determined by the Secretary. (7) Eligible project cost (A) In general The term eligible project costs means— (i) the costs of carrying out an eligible activity; and (ii) any costs described in subparagraph (B) relating to, or incurred in connection with, an eligible project. (B) Costs described The costs referred to in subparagraph (A)(ii) are— (i) the costs of capitalized interest necessary to meet market requirements, the costs of reasonably required reserve funds, capital issuance expenses, and any other carrying costs during construction of the applicable infrastructure; and (ii) transaction costs associated with financing an eligible project, including the cost of legal counsel and technical consultants. (8) HIFIA pilot program The term HIFIA pilot program means the hydrogen infrastructure finance and innovation pilot program established under subsection (b)(1). (9) Letter of interest The term letter of interest means a letter submitted by a potential applicant prior to an application for a grant or a loan under the HIFIA pilot program that— (A) is in a format prescribed by the Secretary on the website of the HIFIA pilot program; (B) describes the project and the location, purpose, and cost of the project; (C) outlines the proposed financial plan, including— (i) the requested grant or loan assistance; and (ii) the proposed obligor, if applicable; (D) provides a status of environmental review; and (E) provides information regarding satisfaction of other eligibility requirements of the HIFIA pilot program. (10) Low-income or disadvantaged community The term low-income or disadvantaged community means a community (including a city, a town, a county, and any reasonably isolated and divisible segment of a larger municipality) with an annual median household income that is less than 100 percent of the statewide annual median household income for the State in which the community is located, according to the most recent decennial census. (11) Obligor The term obligor means an eligible entity that is liable for payment of the principal of, or interest on, a loan under the HIFIA pilot program. (12) Secretary The term Secretary means the Secretary of Energy. (b) Establishment (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall establish a hydrogen infrastructure finance and innovation pilot program under which the Secretary shall provide— (A) financial assistance to eligible entities for eligible projects through— (i) grants; or (ii) long-term, low-cost supplemental loans; and (B) technical assistance in accordance with subsection (l). (2) Coordination with hydrogen hubs To ensure that the HIFIA pilot program is compatible with and complementary to any hydrogen hubs developed under any other law, the Secretary, to the maximum extent practicable, shall coordinate the establishment of the HIFIA pilot program with— (A) the establishment of any program to support the development of hydrogen hubs that is required to be established under any other law; and (B) the development of those hubs. (c) Eligibility (1) In general The Secretary may provide financial assistance for an eligible project under the HIFIA pilot program if— (A) the eligible entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (2) with respect to the project; and (B) the eligible entity and the eligible project meet all applicable requirements of this section. (2) Applications (A) In general To be eligible for a grant or a loan under the HIFIA pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. (B) Election (i) In general An eligible entity may elect to apply for a grant, a loan, or both under the HIFIA pilot program. (ii) Decision The Secretary shall have discretion to award any mix of grants and loans under the HIFIA pilot program as the Secretary determines to be appropriate, including with respect to each eligible entity that applies for both a grant and a loan. (C) Application processing procedures (i) Notice of complete application Not later than 30 days after the date of receipt of an application under this paragraph, the Secretary shall provide to the applicant a written notice describing whether— (I) the application is complete; or (II) additional information or materials are needed to complete the application. (ii) Approval or denial of application Not later than 90 days after the date of issuance of a written notice under clause (i), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. (d) Priority In selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary shall give priority to eligible projects that— (1) will provide greater net impact in avoiding or reducing emissions of greenhouse gases; and (2) are sited in a manner that minimizes environmental disturbance and other siting concerns, including by being sited within, or adjacent to, existing pipeline or other linear infrastructure corridors. (e) Considerations In selecting eligible projects to receive a grant or a loan under the HIFIA pilot program, the Secretary, to the maximum extent practicable, shall select projects— (1) that are large-capacity, common carrier infrastructure; (2) that enable geographical diversity in associated projects and supply chains to produce, use, or store hydrogen, with the goal of enabling projects in all major regions of the United States with current hydrogen demand and potential future hydrogen demand; (3) that will generate the greatest benefit to low-income or disadvantaged communities; and (4) that will— (A) maximize creation or retention of jobs in the United States; and (B) provide the highest job quality. (f) Loans (1) In general In carrying out the HIFIA pilot program, the Secretary shall make loans to eligible entities, the proceeds of which shall be used to finance eligible projects. (2) Interest rate The interest rate of a loan under the HIFIA pilot program shall be not less than the interest rate on United States Treasury securities of a similar maturity to the maturity of the loan on the date of closing on the loan. (3) Maturity date The final maturity date of a loan provided under the HIFIA pilot program shall be the date that is 30 years after the date of substantial completion of the applicable eligible project. (4) Repayment (A) In general The Secretary shall establish a repayment schedule for each loan provided under the HIFIA pilot program. (B) Commencement Repayment of a loan provided under the HIFIA pilot program shall commence on the date of substantial completion of the applicable eligible project for which the loan was provided. (C) Deferral of repayment If, at any time during the 5-year period beginning on the date of substantial completion of an eligible project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the loan, the Secretary may allow the borrower to defer repayment of the loan until the end of that 5-year period. (5) Requirements (A) Creditworthiness (i) In general Each obligor with respect to a loan provided for an eligible project under the HIFIA pilot program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the loan, as determined by the Secretary under clause (ii). (ii) Reasonable prospect of repayment The Secretary shall base a determination of whether there is a reasonable prospect of repayment under clause (i) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the loan for the eligible project, including evaluation of— (I) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; (II) the strength of the contractual terms of an eligible project (if available for the applicable market segment); (III) the projected financial strength of the obligor— (aa) at the time of loan close; and (bb) throughout the loan term, including after the project is completed; (IV) the financial strength of the investors and strategic partners of the obligor, if applicable; and (V) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (B) Dedicated source of revenue An eligible project for which a loan is provided under the HIFIA pilot program shall have a dedicated source of revenue separate from any financial assistance received under the HIFIA pilot program. (g) Use of financial assistance (1) In general A grant or loan provided under the HIFIA pilot program may be used for any eligible project costs. (2) Eligible activities A grant or loan provided under the HIFIA pilot program may be used to carry out any of the following activities with respect to an eligible project: (A) Development phase activities, including— (i) planning; (ii) preliminary engineering; (iii) design; (iv) environmental review; (v) revenue forecasting; and (vi) other preconstruction activities. (B) Construction, reconstruction, rehabilitation, and replacement activities, including the training of construction personnel in handling and safety. (C) Acquisition of— (i) real property or an interest in real property; or (ii) equipment. (D) Environmental mitigation activities. (E) Activities relating to construction contingencies. (h) Federal requirements (1) In general Nothing in this section supersedes the applicability of any other requirement under Federal law (including regulations). (2) NEPA Federal assistance may only be provided under the HIFIA pilot program for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (i) Leak detection Each eligible entity that receives a loan or grant under the HIFIA pilot program shall conduct— (1) a hydrogen leakage monitoring, reporting, and verification (also known as MRV ) program; and (2) a hydrogen leak detection and repair (also known as LDAR ) program. (j) Maximum Federal involvement The maximum Federal share of an eligible project for which a loan is provided under the HIFIA pilot program shall not exceed 80 percent of the eligible costs of the project. (k) Amendment Section 1703(b)(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b)(3) ) is amended by striking Hydrogen fuel and inserting Hydrogen technologies applicable to 1 or more end-use sectors, such as power generation, transportation, aviation, storage, industrial, and chemicals, including hydrogen fuel . (l) Technical assistance (1) In general The Secretary and the National Laboratories may provide technical assistance under the HIFIA pilot program to assess the grading and readiness of existing infrastructure to transport, store, or deliver hydrogen with respect to informal State and regional planning for investments in that grading and readiness. (2) Priority In providing technical assistance under paragraph (1), the Secretary and the National Laboratories shall prioritize— (A) preexisting infrastructure corridors; (B) geologic storage potential for hydrogen; and (C) industrial clusters. (m) Regulatory assessment To encourage hydrogen transportation infrastructure deployment Not later than 270 days after the date of enactment of this Act, each of the Federal Energy Regulatory Commission, the Surface Transportation Board, and the Administrator of the Pipeline and Hazardous Materials Safety Administration, in coordination with the Secretary, shall— (1) assess jurisdiction over the siting, construction, safety, and regulation of hydrogen transportation infrastructure, including, at a minimum, the blending of hydrogen in natural gas pipelines; (2) if that assessment indicates that additional authority is needed to support the deployment of hydrogen transportation infrastructure, submit to Congress a report describing the needed authority; and (3) identify the eligibility of, and process for, hydrogen transportation infrastructure to receive cost recovery under the HIFIA pilot program through Commission-regulated rates, Board-regulated rates, or other applicable regulated rates, as appropriate, for the transportation of hydrogen in interstate commerce. (n) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the HIFIA pilot program $100,000,000 for each of fiscal years 2022 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s3118is/xml/BILLS-117s3118is.xml |
117-s-3119 | II 117th CONGRESS 1st Session S. 3119 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Cruz (for himself, Mr. Young , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the President to certify to Congress that a member of the Quadrilateral Security Dialogue is not participating in quadrilateral cooperation between Australia, India, Japan, and the United States on security matters that are critical to United States strategic interests before imposing sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act with respect to a transaction of that member.
1. Short title This Act may be cited as the Circumspectly Reducing Unintended Consequences Impairing Alliances and Leadership Act of 2021 or the CRUCIAL Act of 2021 . 2. Certification requirement for imposing sanctions with respect to members of Quadrilateral Security Dialogue Section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ) is amended by adding at the end the following: (g) Special rule for members of Quadrilateral Security Dialogue (1) In general During the 10-year period beginning on the date of the enactment of the Circumspectly Reducing Unintended Consequences Impairing Alliances and Leadership Act of 2021 , the President may not impose sanctions under this section with respect to a significant transaction described in subsection (a) engaged in by the government of a member of the Quadrilateral Security Dialogue unless, before imposing such sanctions, the President certifies to the appropriate congressional committees that that government is not participating in quadrilateral cooperation between Australia, India, Japan, and the United States on security matters that are critical to United States strategic interests. (2) Member of the Quadrilateral Security Dialogue defined In this subsection, the term member of the Quadrilateral Security Dialogue means Australia, India, Japan, or the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s3119is/xml/BILLS-117s3119is.xml |
117-s-3120 | II 117th CONGRESS 1st Session S. 3120 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mrs. Shaheen (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve the productivity and energy efficiency of the manufacturing sector by directing the Secretary of Energy, in coordination with the National Academies and other appropriate Federal agencies, to provide assistance to small and medium manufacturers in implementing smart manufacturing programs, and for other purposes.
1. Short title This Act may be cited as the Smart Manufacturing Leadership Act of 2021 . 2. Findings Congress finds that— (1) the industrial sector— (A) represents approximately 20 percent of the economy of the United States; (B) provides approximately 13 percent of employment in the United States; and (C) accounts for more than 30,000,000,000,000,000 Btus of energy, a quantity that is equal to almost 1/3 of the energy consumption of the United States; (2) smart manufacturing is set to transform the manufacturing sector and the use by the manufacturing sector of energy, water, raw materials, and labor over the 10 years following the date of enactment of this Act; (3) the transformation described in paragraph (2) will result in savings in electricity, natural gas, transportation fuels, chemical feedstocks, and many other fuels; (4) the interconnection of the many components of manufacturing within a manufacturing plant with other business functions within a company and across companies within a supply chain will enable new production efficiencies; (5) the improvements in automation described in paragraph (4) are estimated to produce between $5,000,000,000 and $25,000,000,000 in energy savings per year across the manufacturing sector for electricity alone by 2035; (6) smart manufacturing technologies are estimated to add between $10,000,000,000,000 and $15,000,000,000,000 to the global gross domestic product over 20 years following the date of enactment of this Act; (7) market barriers exist to the widespread adoption of smart manufacturing practices by all sizes of firms and to the investment in smart manufacturing technologies, including lack of— (A) common communication protocols between smart manufacturing devices, which prevents interoperability, reduces system efficiencies, and stifles innovation; (B) common standards for storing and sharing information relating to energy consumption and energy savings; (C) an open-access smart manufacturing platform that enables the networking of business and automation systems of multiple vendors; and (D) common cybersecurity protocols and standards; (8) addressing the barriers described in paragraph (7) is in the interest of the United States; (9) in response to the barriers described in paragraph (7), the Secretary is working with the private sector to reduce the market barriers through the development of voluntary protocols and standards; (10) there exist many technologies of which many domestic manufacturers are unaware that could— (A) improve the competitiveness of the domestic manufacturers; and (B) reduce the environmental impacts of the domestic manufacturers; (11) Federal agency action can facilitate greater economic growth through outreach and engagement in the smart manufacturing technology area; and (12) the United States would benefit from a concerted and focused effort to advance the adoption of smart manufacturing throughout the manufacturing sector of the United States. 3. Definitions In this Act: (1) Energy management system The term energy management system means a business management process based on standards of the American National Standards Institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance, including energy efficiency, security, use, and consumption. (2) Industrial Assessment Center The term Industrial Assessment Center means a center located at an institution of higher education that— (A) receives funding from the Department of Energy; (B) provides an in-depth assessment of small and medium manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant site; and (C) identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements, waste minimization, pollution prevention, and productivity improvement. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (5) North American Industry Classification System The term North American Industry Classification System means the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data relating to the business economy of the United States. (6) Secretary The term Secretary means the Secretary of Energy. (7) Small and medium manufacturer The term small and medium manufacturer means a manufacturing firm— (A) classified in the North American Industry Classification System as any of sectors 31 through 33; (B) with gross annual sales of less than $100,000,000; (C) with fewer than 500 employees at the plant site; and (D) with annual energy bills totaling more than $100,000 and less than $2,500,000. (8) Smart manufacturing The term smart manufacturing means advanced technologies in information, automation, monitoring, computation, sensing, modeling, and networking that— (A) digitally— (i) simulate manufacturing production lines; (ii) operate computer-controlled manufacturing equipment; (iii) monitor and communicate production line status; and (iv) manage and optimize energy productivity and cost throughout production; (B) model, simulate, and optimize the energy efficiency of a factory building; (C) monitor and optimize building energy performance; (D) model, simulate, and optimize the design of energy efficient and sustainable products, including the use of digital prototyping and additive manufacturing to enhance product design; (E) connect manufactured products in networks to monitor and optimize the performance of the networks, including automated network operations; and (F) digitally connect the supply chain network. 4. Leveraging existing agency programs to assist small and medium manufacturers (a) Findings Congress finds that— (1) the Department of Energy has existing technical assistance programs that facilitate greater economic growth through outreach to and engagement with small and medium manufacturers; (2) those technical assistance programs represent an important conduit for increasing the awareness of and providing education to small and medium manufacturers regarding the opportunities for implementing smart manufacturing; and (3) those technical assistance programs help facilitate the implementation of best practices. (b) Expansion of technical assistance programs The Secretary shall expand the scope of technologies covered by the Industrial Assessment Centers of the Department of Energy— (1) to include smart manufacturing technologies and practices; and (2) to equip the directors of the Industrial Assessment Centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices, including energy management systems, to manufacturers. (c) Funding The Secretary shall use unobligated funds of the Department of Energy to carry out this section. 5. Leveraging smart manufacturing infrastructure at National Laboratories (a) Study (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study on how the Department of Energy can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers. (2) Inclusions In identifying ways to increase access to National Laboratories under paragraph (1), the Secretary shall— (A) focus on increasing access to the computing facilities of the National Laboratories; and (B) ensure that— (i) the information from the manufacturer is protected; and (ii) the security of the National Laboratory facility is maintained. (3) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study. (b) Actions for increased access The Secretary shall facilitate access to the National Laboratories studied under subsection (a) for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the National Laboratories to enhance the manufacturing competitiveness of the United States. 6. State leadership grants (a) Finding Congress finds that the States— (1) are committed to promoting domestic manufacturing and supporting robust economic development activities; and (2) are uniquely positioned to assist manufacturers, particularly small and medium manufacturers, with deployment of smart manufacturing through the provision of infrastructure, including— (A) access to shared supercomputing facilities; (B) assistance in developing process simulations; and (C) conducting demonstrations of the benefits of smart manufacturing. (b) Grants authorized The Secretary may make grants on a competitive basis to States for establishing State programs to be used as models for supporting the implementation of smart manufacturing technologies. (c) Application (1) In general To be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria The Secretary shall evaluate an application for a grant under this section on the basis of merit using criteria identified by the Secretary, including— (A) the breadth of academic and private sector partners; (B) alternate sources of funding; (C) plans for dissemination of results; and (D) the permanence of the infrastructure to be put in place by the project. (d) Requirements (1) Term The term of a grant under this section shall not exceed 3 years. (2) Maximum amount The amount of a grant under this section shall be not more than $3,000,000. (3) Matching requirement Each State that receives a grant under this section shall contribute matching funds in an amount equal to not less than 30 percent of the amount of the grant. (e) Use of funds (1) In general A State shall use a grant provided under this section— (A) to provide access to shared supercomputing facilities to small and medium manufacturers; (B) to fund research and development of transformational manufacturing processes and materials technology that advance smart manufacturing; and (C) to provide tools and training to small and medium manufacturers on how to adopt energy management systems and implement smart manufacturing technologies in the facilities of the small and medium manufacturers. (f) Evaluation The Secretary shall conduct biannual evaluations of each grant made under this section— (1) to determine the impact and effectiveness of programs funded with the grant; and (2) to provide guidance to States on ways to better execute the program of the State. (g) Funding There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2022 through 2025. 7. Report The Secretary annually shall submit to Congress and make publicly available a report on the progress made in advancing smart manufacturing in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3120is/xml/BILLS-117s3120is.xml |
117-s-3121 | II 117th CONGRESS 1st Session S. 3121 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mrs. Shaheen (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a council to conduct a survey and analysis of the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and for other purposes.
1. Short title This Act may be cited as the Promoting American Energy Jobs Act of 2021 . 2. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States (a) Energy Jobs Council (1) Establishment The Secretary of Energy (referred to in this section as the Secretary ) shall establish a council, to be known as the Energy Jobs Council (referred to in this section as the Council ). (2) Membership The Council shall be comprised of— (A) to be appointed by the Secretary— (i) 1 or more representatives of the Energy Information Administration; and (ii) 1 or more representatives of a State energy office that are serving as members of the State Energy Advisory Board established by section 365(g) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(g) ); (B) to be appointed by the Secretary of Commerce— (i) 1 or more representatives of the Department of Commerce; and (ii) 1 or more representatives of the Bureau of the Census; (C) 1 or more representatives of the Bureau of Labor Statistics, to be appointed by the Secretary of Labor; and (D) 1 or more representatives of any other Federal agency the assistance of which is required to carry out this Act, as determined by the Secretary, to be appointed by the head of the applicable agency. (b) Survey and analysis (1) In general The Council shall— (A) conduct a survey of employers in the energy, energy efficiency, and motor vehicle sectors of the economy of the United States; and (B) perform an analysis of the employment figures and demographics in those sectors. (2) Methodology In conducting the survey and analysis under paragraph (1), the Council shall employ a methodology that— (A) was approved in 2016 by the Office of Management and Budget for use in the document entitled OMB Control Number 1910–5179 ; (B) uses a representative, stratified sampling of businesses in the United States; and (C) is designed to elicit a comparable number of responses from businesses in each State and with the same North American Industry Classification System codes as were received for the 2016 and 2017 reports entitled U.S. Energy and Employment Report . (3) Consultation In conducting the survey and analysis under paragraph (1), the Council shall consult with key stakeholders, including— (A) as the Council determines to be appropriate, the heads of relevant Federal agencies and offices, including— (i) the Secretary of Commerce; (ii) the Secretary of Transportation; (iii) the Director of the Bureau of the Census; (iv) the Commissioner of the Bureau of Labor Statistics; and (v) the Administrator of the Environmental Protection Agency; (B) States; (C) the State Energy Advisory Board established by section 365(g) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(g) ); and (D) energy industry trade associations. (c) Report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— (A) make publicly available on the website of the Department of Energy a report, to be entitled the U.S. Energy and Employment Report , describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States based on the survey and analysis conducted under subsection (b); and (B) subject to the requirements of parts A through C of subchapter III of chapter 35 of title 44, United States Code, make the data collected by the Council publicly available on the website of the Department of Energy. (2) Contents (A) In general The report under paragraph (1) shall include employment figures and demographic data for— (i) the energy sector of the economy of the United States, including— (I) the electric power generation and fuels sector; and (II) the transmission, storage, and distribution sector; (ii) the energy efficiency sector of the economy of the United States; and (iii) the motor vehicle sector of the economy of the United States. (B) Inclusion With respect to each sector described in subparagraph (A), the report under paragraph (1) shall include employment figures and demographic data sorted by— (i) each technology, subtechnology, and fuel type of those sectors; and (ii) subject to the requirements of parts A through C of subchapter III of chapter 35 of title 44, United States Code— (I) each State; (II) each territory of the United States; (III) the District of Columbia; and (IV) each county (or equivalent jurisdiction) in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s3121is/xml/BILLS-117s3121is.xml |
117-s-3122 | II 117th CONGRESS 1st Session S. 3122 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Carper (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide an extension of Federal-aid highway, highway safety, and transit programs, and for other purposes.
1. Short title This Act may be cited as the Further Surface Transportation Extension Act of 2021 . 2. Amendment to the extension end date Section 2(2) of the Surface Transportation Extension Act of 2021 ( Public Law 117–44 ) is amended by striking October 31, 2021 and inserting December 3, 2021 . 3. Amendment for Federal employee compensation following Highway Trust Fund expiration Section 108(b) of the Surface Transportation Extension Act of 2021 ( Public Law 117–44 ) is amended by striking that begins and all that follows through the period at the end and inserting the following: that begins on— (1) October 1, 2021, and ends on or before the date of enactment of this Act; or (2) November 1, 2021, and ends on or before the date of enactment of the Further Surface Transportation Extension Act of 2021 . . 4. Extension of expenditure authority for the Highway Trust Fund, Sport Fish Restoration And Boating Trust Fund, and Leaking Underground Storage Tank Trust Fund (a) Highway Trust Fund Section 9503 of the Internal Revenue Code of 1986 is amended— (1) in subsections (b)(6)(B), (c)(1), and (e)(3) by striking November 1, 2021 and inserting December 4, 2021 ; and (2) by striking Surface Transportation Extension Act of 2021 each place it appears and inserting Further Surface Transportation Extension Act of 2021 . (b) Sport Fish Restoration and Boating Trust Fund Section 9504 of such Code is amended— (1) in subsection (b)(2) by striking Surface Transportation Extension Act of 2021 each place it appears and inserting Further Surface Transportation Extension Act of 2021 ; and (2) in subsection (d)(2) by striking November 1, 2021 and inserting December 4, 2021 . (c) Leaking Underground Storage Tank Trust Fund Section 9508(e)(2) of such Code is amended by striking November 1, 2021 and inserting December 4, 2021 . (d) Special rule for amendments On the date of enactment of H.R. 3684 (117th Congress)— (1) subsections (a), (b), and (c) of this section, the amendments made by such subsections, section 201 of the Surface Transportation Extension Act of 2021 ( Public Law 117–44 ), and the amendments made by such section shall cease to be effective; (2) the text of the laws amended by subsections (a), (b), and (c) of this section and section 201 of the Surface Transportation Extension Act of 2021 ( Public Law 117–44 ) shall revert back so as to read as the text read on September 30, 2021; and (3) the amendments made by H.R. 3684 (117th Congress) shall be executed as if this section and section 201 of the Surface Transportation Extension Act had not been enacted. (e) Conforming amendment Section 201 of the Surface Transportation Extension Act of 2021 ( Public Law 117–44 ) is amended by striking subsection (d). 5. Prior enacted authorization If H.R. 3684 (117th Congress) is enacted before the date of enactment of this Act, this Act shall not take effect and the provisions of this Act shall not be executed. | https://www.govinfo.gov/content/pkg/BILLS-117s3122is/xml/BILLS-117s3122is.xml |
117-s-3123 | II 117th CONGRESS 1st Session S. 3123 IN THE SENATE OF THE UNITED STATES November 1, 2021 Mr. Merkley (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes.
1. Siletz Reservation Act amendment Section 4 of Public Law 96–340 (commonly known as the Siletz Reservation Act ) (96 Stat. 1074) is amended to read as follows: 4. Hunting, fishing, trapping, and animal gathering (a) Definitions In this section: (1) Consent decree The term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of Siletz Indians of Oregon against State of Oregon , entered on May 2, 1980. (2) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Siletz Agreement The term Siletz Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members and entered into by the United States on April 22, 1980. (b) Hunting, fishing, trapping, and animal gathering agreements (1) In general The Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. (2) Amendments The Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. (c) Judicial review In any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. (d) Effect Nothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe. . | https://www.govinfo.gov/content/pkg/BILLS-117s3123is/xml/BILLS-117s3123is.xml |
117-s-3124 | II 117th CONGRESS 1st Session S. 3124 IN THE SENATE OF THE UNITED STATES November 1, 2021 Mr. Paul (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XI of the Social Security Act to repeal the requirement for unique health identifiers.
1. Short title This Act may be cited as the National Patient ID Repeal Act . 2. Repeal of requirement for unique health identifiers Section 1173(b) of the Social Security Act ( 42 U.S.C. 1320d–2(b) ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s3124is/xml/BILLS-117s3124is.xml |
117-s-3125 | II 117th CONGRESS 1st Session S. 3125 IN THE SENATE OF THE UNITED STATES November 1, 2021 Mr. Warnock (for himself, Ms. Cantwell , Mr. Peters , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish an alternative fuel and low-emission aviation technology program, and for other purposes.
1. Short title This Act may be cited as the Aviation Emissions Reduction Opportunity Act or the AERO Act . 2. Alternative fuel and low-emission aviation technology program (a) Establishment The Secretary shall establish a competitive grant program to provide grants to eligible entities to carry out projects located in the United States that produce, transport, blend, or store sustainable aviation fuel, or develop, demonstrate, or apply low-emission aviation technologies. (b) Considerations In carrying out subsection (a), the Secretary shall consider, with respect to a proposed project— (1) the capacity for the eligible entity to increase the domestic production and deployment of sustainable aviation fuel or the use of low-emission aviation technologies among the United States commercial aviation and aerospace industry; (2) the projected greenhouse gas emissions from such project, including emissions resulting from the development of the project, and the potential the project has to reduce or displace, on a lifecycle basis, United States greenhouse gas emissions associated with air travel; (3) the capacity to create new jobs and develop supply chain partnerships in the United States; (4) for projects related to the production of sustainable aviation fuel, the projected lifecycle greenhouse gas emissions benefits from the proposed project, which shall include feedstock and fuel production and potential direct and indirect greenhouse gas emissions (including resulting from changes in land use); and (5) the benefits of ensuring a diversity of feedstocks for sustainable aviation fuel, including the use of waste carbon oxides and direct air capture. (c) Cost share The Federal share of the cost of a project carried out using grant funds under subsection (a) shall be a maximum of 90 percent of the proposed total cost of the project, and the Secretary shall consider the extent to which a proposed project meets the considerations described in subsection (b) in determining the Federal share under this subsection. (d) Fuel emissions reduction test For purposes of clause (ii) of subsection (f)(7)(E), the Secretary shall, not later than 2 years after the date of enactment of this section, adopt at least 1 methodology for testing lifecycle greenhouse gas emissions that meets the requirements of such clause. (e) Funding (1) Authorization of appropriations Out of any money in the Treasury not otherwise appropriated, there are authorized to be appropriated for each of fiscal years 2022 through 2026, $200,000,000 to carry out the purposes of this Act, to remain available until expended. (2) Funding distribution Subject to paragraph (3), of any amount made available under paragraph (1)— (A) 30 percent of such amount shall be awarded for projects that develop, demonstrate, or apply low-emission aviation technologies; and (B) 70 percent of such amount shall be awarded for projects that produce, transport, blend, or store sustainable aviation fuel. (3) Administration The Secretary may reserve not more than 2 percent of the amount appropriated under paragraph (1) for expenses related to administering this section. (f) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a State or local government, including the District of Columbia, other than an airport sponsor; (B) an air carrier; (C) an airport sponsor; (D) an accredited institution of higher education; (E) a research institution; (F) a person or entity engaged in the production, transportation, blending, or storage of sustainable aviation fuel in the United States or feedstocks in the United States that could be used to produce sustainable aviation fuel; (G) a person or entity engaged in the development, demonstration, or application of low-emission aviation technologies; or (H) nonprofit entities or nonprofit consortia with experience in sustainable aviation fuels, low-emission aviation technologies, or other clean transportation research programs. (2) Feedstock The term feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals. (3) Induced land-use change values The term induced land-use change values means the greenhouse gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was previously used. (4) Lifecycle greenhouse gas emissions The term lifecycle greenhouse gas emissions means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change values. (5) Low-emission aviation technologies The term low-emission aviation technologies means technologies, produced in the United States, that significantly— (A) improve aircraft fuel efficiency; (B) increase utilization of sustainable aviation fuel; or (C) reduce greenhouse gas emissions produced during operation of civil aircraft. (6) Secretary The term Secretary means the Secretary of Transportation. (7) Sustainable aviation fuel The term sustainable aviation fuel means liquid fuel, produced in the United States, that— (A) consists of synthesized hydrocarbons; (B) meets the requirements of— (i) ASTM International Standard D7566; or (ii) the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard); (C) is derived from biomass (in a similar manner as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides; (D) is not derived from palm fatty acid distillates; and (E) achieves at least a 50-percent lifecycle greenhouse gas emissions reduction in comparison with petroleum-based jet fuel, as determined by a test that shows— (i) the fuel production pathway achieves at least a 50-percent reduction of the aggregate attributional core lifecycle emissions and the induced land use change values under a lifecycle methodology for sustainable aviation fuels similar to that adopted by the International Civil Aviation Organization with the agreement of the United States; or (ii) the fuel production pathway achieves at least a 50-percent reduction of the aggregate attributional core lifecycle greenhouse gas emissions values and the induced land-use change values under another methodology that the Secretary determines is— (I) reflective of the latest scientific understanding of lifecycle greenhouse gas emissions; and (II) as stringent as the requirement under clause (i). | https://www.govinfo.gov/content/pkg/BILLS-117s3125is/xml/BILLS-117s3125is.xml |
117-s-3126 | II 117th CONGRESS 1st Session S. 3126 IN THE SENATE OF THE UNITED STATES November 1, 2021 Mr. Merkley (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.
1. Grand Ronde Reservation Act amendment Section 2 of Public Law 100–425 (commonly known as the Grand Ronde Reservation Act ) (102 Stat. 1595) is amended to read as follows: 2. Hunting, fishing, trapping, and animal gathering (a) Definitions In this section: (1) Consent decree The term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of the Grand Ronde Community of Oregon against the State of Oregon , entered on January 12, 1987. (2) Grand Ronde Hunting and Fishing Agreement The term Grand Ronde Hunting and Fishing Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Grand Ronde Community of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Animal Gathering Rights of the Tribe and its Members and entered into by the United States on December 2, 1986. (3) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Hunting, fishing, trapping, and animal gathering agreements (1) In general The Grand Ronde Hunting and Fishing Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of the Grand Ronde Community and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community. (2) Amendments The Grand Ronde Hunting and Fishing Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of the Grand Ronde Community and the State of Oregon. (c) Judicial review In any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. (d) Effect Nothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe. . | https://www.govinfo.gov/content/pkg/BILLS-117s3126is/xml/BILLS-117s3126is.xml |
117-s-3127 | II 117th CONGRESS 1st Session S. 3127 IN THE SENATE OF THE UNITED STATES November 1, 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 amend title 10 and title 46, United States Code, to allocate authority for nominations to the service academies in the event of the death, resignation, or expulsion from office of a Member of Congress, and for other purposes.
1. Short title This Act may be cited as the Service Education Reallocation for Vacant Elected offices Act of 2021 or the SERVE Act of 2021 . 2. Allocation of authority for nominations to the service academies in the event of the death, resignation, or expulsion from office of a Member of Congress (a) United States Military Academy (1) In general Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 7442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 7442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State of the congressional district concerned, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for cadets made by a Member pursuant to this section is not a reallocation of a nomination. Such nominations are made in lieu of a Member that does not submit nominations for cadets for an academic year in accordance with section 7442 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Member’s successor occurs after the date of the deadline for submittal of nominations for cadets for the academic year. . (2) Clerical amendment The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate. . (b) United States Naval Academy (1) In general Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State of the congressional district concerned, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for midshipmen made by a Member pursuant to this section is not a reallocation of a nomination. Such nominations are made in lieu of a Member that does not submit nominations for cadets for an academic year in accordance with section 8454 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Member’s successor occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year. . (2) Clerical amendment The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate. . (c) Air Force Academy (1) In general Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 9442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 9442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State of the congressional district concerned, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for cadets made by a Member pursuant to this section is not a reallocation of a nomination. Such nominations are made in lieu of a Member that does not submit nominations for cadets for an academic year in accordance with section 9442 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Member’s successor occurs after the date of the deadline for submittal of nominations for cadets for the academic year. . (2) Clerical amendment The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate. . (d) Merchant Marine Academy (1) In general Chapter 513 of title 46, United States Code, is amended by inserting after section 51302 the following new section: 51302a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 51302(b)(1) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 51302(b)(2) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State of the congressional district concerned, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for cadets made by a Member pursuant to this section is not a reallocation of a nomination. Such nominations are made in lieu of a Member that does not submit nominations for cadets for an academic year in accordance with section 51302 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Member’s successor occurs after the date of the deadline for submittal of nominations for cadets for the academic year. . (2) Clerical amendment The table of sections at the beginning of chapter 513 of such title is amended by inserting after the item relating to section 51302 the following new item: 51302a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate. . | https://www.govinfo.gov/content/pkg/BILLS-117s3127is/xml/BILLS-117s3127is.xml |
117-s-3128 | II 117th CONGRESS 1st Session S. 3128 IN THE SENATE OF THE UNITED STATES November 1, 2021 Mr. Menendez (for himself, Mr. Cassidy , Mr. Booker , Mr. Kennedy , Mr. Van Hollen , Mrs. Hyde-Smith , Mr. Rubio , Mr. Wicker , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the National Flood Insurance Program Reauthorization and Reform Act of 2021 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Reauthorization and affordability Sec. 101. Reauthorization. Sec. 102. Cap on annual premium increases. Sec. 103. Targeted means-tested assistance. Sec. 104. Optional monthly installment premium payment plans. Sec. 105. Study on business interruption coverage. Sec. 106. Cooperative coverage fairness. Sec. 107. Coverage limits. Sec. 108. Study on participation rates. Sec. 109. National Flood Insurance Act definitions regarding the Write Your Own Program. TITLE II—Mitigation and mapping Sec. 201. Mitigation for high-risk properties. Sec. 202. Increased cost of compliance coverage. Sec. 203. Flood mitigation assistance grants. Sec. 204. Urban mitigation opportunities. Sec. 205. Community Rating System Regional Coordinator. Sec. 206. Mitigation loan program. Sec. 207. Revolving loan funds. Sec. 208. Mapping modernization. Sec. 209. Levee-protected areas. Sec. 210. Community-wide flood mitigation activities. TITLE III—Solvency Sec. 301. Forbearance on NFIP interest payments. Sec. 302. Cap on Write Your Own company compensation. Sec. 303. Third-party service provider costs; transparency. Sec. 304. Availability of NFIP claims data. Sec. 305. Refusal of mitigation assistance. Sec. 306. Multiple structure mitigation. TITLE IV—Policyholder protection and fairness Sec. 401. Earth movement fix and engineer standards. Sec. 402. Coverage of pre-FIRM condominium basements and study on street raising. Sec. 403. Guidance on remediation and policyholder duties. Sec. 404. Appeal of decisions relating to flood insurance coverage. Sec. 405. Accountability for underpayments and overpayments by Write Your Own companies. Sec. 406. Policyholders’ right to know. Sec. 407. Exclusion of service providers from participation in the National Flood Insurance Program. Sec. 408. Deadline for claim processing. Sec. 409. No manipulation of engineer reports. Sec. 410. Improved training of floodplain managers, agents, and adjusters. Sec. 411. Flood insurance continuing education and training. Sec. 412. Shifting of attorney fees and other expenses. Sec. 413. Restriction on defense of claims litigation. Sec. 414. Reforming use of proof of loss forms. Sec. 415. Agent Advisory Council. Sec. 416. Disclosure of flood risk information prior to transfer of property. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) 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. ). (3) National Flood Mitigation Fund The term National Flood Mitigation Fund means the fund established under section 1367 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104d ). (4) Write Your Own Company The term Write Your Own Company has the meaning given the term in section 1370(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4121(a) ), as amended by section 109 of this Act. I Reauthorization and affordability 101. Reauthorization (a) In general (1) Financing Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) is amended by striking September 30, 2021 and inserting September 30, 2026 . (2) Program expiration Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 ) is amended by striking September 30, 2021 and inserting September 30, 2026 . (3) Retroactive effective date If this Act is enacted after December 3, 2021, the amendments made by paragraphs (1) and (2) shall take effect as if enacted on December 3, 2021. (b) Continued operation during lapse of appropriations Section 1310(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(f) ) is amended— (1) by inserting (1) after (f) ; and (2) by adding at the end the following: (2) (A) In this paragraph, the term period of a lapse in appropriations from the Fund means a period, on or after the first day of a fiscal year, during which an appropriation Act for the fiscal year with respect to the Fund has not been enacted and continuing appropriations are not in effect for the fiscal year with respect to the Fund. (B) Notwithstanding paragraph (1), during a period of a lapse in appropriations from the Fund, amounts in the Fund not otherwise appropriated shall be available to the Administrator to carry out the flood insurance program under this title, subject to the same terms and conditions (except with respect to the period of availability), and in an amount not greater than the rate for operations, provided for the Fund in the most recently enacted regular or continuing appropriation Act. (C) Amounts in the Fund shall be available under subparagraph (B) for a fiscal year during the period beginning on the first day of a period of a lapse in appropriations from the Fund during the fiscal year and ending on the date on which the regular appropriation Act for the fiscal year with respect to the Fund is enacted (whether or not such law makes amounts available from the Fund) or a law making continuing appropriations with respect to the Fund is enacted, as the case may be. (D) Expenditures and obligations made under this paragraph shall be charged to the Fund whenever a regular appropriation Act, or a law making continuing appropriations, with respect to the Fund is enacted for the applicable fiscal year. . 102. Cap on annual premium increases (a) Definition In this section, the term covered cost — (1) means— (A) the amount of an annual premium with respect to any policy for flood insurance under the National Flood Insurance Program; (B) any surcharge imposed with respect to a policy described in subparagraph (A) (other than a surcharge imposed under section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) )), including a surcharge imposed under section 1308A(a) of that Act ( 42 U.S.C. 4015a(a) ); and (C) a fee described in paragraph (1)(B)(iii) or (2) of section 1307(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a) ); and (2) does not include any cost associated with the purchase of insurance under section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) ), including any surcharge that relates to insurance purchased under such section 1304(b). (b) Limitation on increases (1) Limitation (A) In general During the 5-year period beginning on the date of enactment of this Act, notwithstanding section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) ), and subject to subparagraph (B), the Administrator may not, in any year, increase the amount of any covered cost by an amount that is more than 9 percent, as compared with the amount of the covered cost during the previous year, except where the increase in the covered cost relates to an exception under paragraph (1)(C)(iii) of such section 1308(e). (B) Decrease of amount of deductible or increase in amount of coverage In the case of a policyholder described in section 1308(e)(1)(C)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e)(1)(C)(ii) ), the Administrator shall establish a process by which the Administrator determines an increase in covered costs for the policyholder that is— (i) proportional to the relative change in risk based on the action taken by the policyholder; and (ii) in compliance with subparagraph (A). (2) New rating systems (A) Classification With respect to a property, the limitation under paragraph (1) shall remain in effect for each year until the covered costs with respect to the property reflect full actuarial rates, without regard to whether, at any time until the year in which those covered costs reflect full actuarial rates, the property is rated or classified under the Risk Rating 2.0 methodology (or any substantially similar methodology). (B) New policyholder If a property to which the limitation under paragraph (1) applies is sold before the covered costs for the property reflect full actuarial rates determined under the Risk Rating 2.0 methodology (or any substantially similar methodology), that limitation shall remain in effect for each year until the year in which those full actuarial rates takes effect. (c) Rule of construction Nothing in subsection (b) may be construed as prohibiting the Administrator from reducing, in any year, the amount of any covered cost, as compared with the amount of the covered cost during the previous year. (d) Average historical loss year Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended by striking subsection (h) and inserting the following: (h) Rule of construction For purposes of this section, the calculation of an average historical loss year shall be computed in accordance with generally accepted actuarial principles. . (e) Disclosure with respect to the affordability standard Section 1308(j) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(j) ) is amended, in the second sentence, by inserting and shall include in the report the number of those exceptions as of the date on which the Administrator submits the report and the location of each policyholder insured under those exceptions, organized by county and State after of the Senate . 103. Targeted means-tested assistance (a) Means-Tested program (1) In general Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by inserting after section 1308A ( 42 U.S.C. 4015a ) the following: 1308B. Flood insurance assistance (a) Definitions In this section: (1) Covered property The term covered property means— (A) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (B) personal property relating to a dwelling described in subparagraph (A). (2) Eligible policyholder The term eligible policyholder means a policyholder with a household income that is not more than 120 percent of the area median income for the area in which the property to which the policy applies is located. (3) Housing expenses The term housing expenses means, with respect to a household, the total amount that the household spends in a year on— (A) mortgage payments or rent; (B) property taxes; (C) homeowners insurance; and (D) premiums for flood insurance under the national flood insurance program. (4) Insurance costs The term insurance costs means, with respect to a covered property for a year— (A) risk premiums and fees estimated under section 1307 and charged under section 1308; (B) surcharges assessed under sections 1304 and 1308A; and (C) any amount established under section 1310A(c). (b) Authority Subject to the availability of appropriations, the Administrator is authorized to carry out a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (c) Eligibility To determine eligibility for means-tested assistance under this section, the Administrator may accept any of the following with respect to an eligible policyholder: (1) Income verification from the National Directory of New Hires established under section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) ). (2) A self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section 1746 of title 28, United States Code. (3) Any other method identified by the Administrator in interim guidance, or a final rule, issued under subsection (e). (d) Discount The Administrator may establish graduated discounts available to eligible policyholders under this section, which shall be based on the following factors: (1) The percentage by which the household income of an eligible policyholder is equal to, or less than, 120 percent of the area median income for the area in which the property to which the policy applies is located. (2) The housing expenses of an eligible policyholder. (3) The number of eligible policyholders participating in the program established under this section. (4) The availability of funding. (5) Any other factor that the Administrator finds reasonable and necessary to carry out the purposes of this section. (e) Implementation (1) In general The Administrator shall issue final rules to implement this section. (2) Interim guidance (A) In general Not later than 1 year after the date of enactment of this section, the Administrator shall issue interim guidance to implement this section, which shall— (i) include— (I) a description of how the Administrator will determine— (aa) eligibility for households to participate in the program established under this section; and (bb) assistance levels for eligible households to which assistance is provided under this section; (II) the methodology that the Administrator will use to determine the amount of assistance provided to eligible households under this section; and (III) any requirements to which eligible policyholders to which assistance is provided under this section will be subject; and (ii) expire on the later of— (I) the date that is 84 months after the date of enactment of this section; or (II) the date on which the final rules issued under paragraph (1) take effect. (B) Rule of construction Nothing in subparagraph (A) may be construed to preclude the Administrator from amending the interim guidance issued under that subparagraph. (f) Collection of demographic information The Administrator, in order to evaluate and monitor the effectiveness of this section, and to comply with the reporting requirements under subsection (g), may request demographic information, and other information, with respect to an eligible policyholder to which assistance is provided under this section, which may include— (1) the income of the eligible policyholder, as compared with the area median income for the area in which the property to which the policy applies is located; and (2) demographic characteristics of the eligible policyholder, including the race and ethnicity of the eligible policyholder. (g) Reports to Congress (1) In general Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report regarding the implementation and effectiveness of this section. (2) Contents Each report submitted under paragraph (1) shall include information regarding, for the period covered by the report— (A) the distribution of household area median income for eligible policyholders to which assistance is provided under this section; (B) the number of eligible policyholders to which assistance is provided under this section, which shall be disaggregated by income and demographic characteristics; (C) the cost of providing assistance under this section; and (D) the average amount of assistance provided to an eligible policyholder under this section, which shall be disaggregated as described in subparagraph (B). (h) Risk communication For the purposes of the communication required under section 1308(l), the Administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder, which shall reflect the insurance costs with respect to the property before that assistance is provided. (i) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section— (A) $250,000,000 for fiscal year 2022; (B) $340,000,000 for fiscal year 2023; (C) $400,000,000 for fiscal year 2024; (D) $500,000,000 for fiscal year 2025; and (E) $600,000,000 for fiscal year 2026. (2) Notification If, in a fiscal year, the Administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section, the Administrator shall submit to Congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year. (3) Distribution of premium With respect to the amount of the discounts provided under this section in a fiscal year, and any administrative expenses incurred in carrying out this section for that fiscal year, the Administrator shall, from amounts made available to carry out this section for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 an amount equal to those discounts and administrative expenses, except to the extent that section 1310A applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which section 1310A applies in the National Flood Insurance Reserve Fund established under section 1310A. . (2) Use of savings In addition to any amounts made available to the Administrator to carry out section 1308B of the National Flood Insurance Act of 1968, as added by paragraph (1), the Administrator shall use any amounts saved as a direct result of the amendments made by section 302(a) of this Act to carry out such section 1308B. (b) National Flood Insurance Act of 1968 The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) is amended— (1) in section 1308(e) ( 42 U.S.C. 4015(e) )— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C)(iii), by adding or at the end; and (iii) by adding at the end the following: (D) in the case of a property with respect to which assistance is provided under section 1308B, if— (i) the applicable policyholder is no longer eligible to receive assistance under that section; (ii) the assistance so provided has been decreased under that section; or (iii) the Administrator is not authorized, or lacks appropriated funds, to carry out that section; ; and (B) in paragraph (3), by striking period; and and inserting the following: period, except in the case of a property with respect to which assistance is provided under section 1308B if a condition described in clause (i), (ii), or (iii) of paragraph (1)(D) is applicable; and ; and (2) in section 1366(d) ( 42 U.S.C. 4104c(d) )— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) Flood insurance assistance In the case of mitigation activities to structures insured by policyholders that are eligible for assistance under section 1308B, in an amount up to 100 percent of all eligible costs. . (c) Information comparisons with the national directory of new hires for flood insurance assistance income verification Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) ) is amended by adding at the end the following new paragraph: (12) Information comparisons for flood insurance assistance (A) Furnishing of information by fema The Administrator of the Federal Emergency Management Agency (in this paragraph, referred to as the Administrator ) shall furnish to the Secretary, on such periodic basis as determined by the Administrator in consultation with the Secretary, information in the custody of the Administrator for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are applying for, or receiving benefits under, section 1308B of the National Flood Insurance Act of 1968. (B) Requirement to seek minimum information The Administrator shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). (C) Duties of the secretary (i) Information disclosure The Secretary, in cooperation with the Administrator, shall compare information in the National Directory of New Hires with information provided by the Administrator with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Administrator, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by fema The Administrator may use information resulting from a data match pursuant to this paragraph only— (i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). (E) Disclosure of information by fema (i) Purpose of disclosure The Administrator may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). (ii) Disclosures permitted Subject to clause (iii), the Administrator may disclose information resulting from a data match pursuant to this paragraph only to contractors of the Federal Emergency Management Agency, private insurance companies participating in the Write Your Own Program of the Federal Emergency Management Agency, the Inspector General of the Department of Homeland Security, and the Attorney General, in connection with the administration of a program described in subparagraph (A). Information obtained by the Administrator pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. (iii) Conditions on disclosure Disclosures under this paragraph shall be— (I) made in accordance with data security and control policies established by the Administrator and approved by the Secretary; (II) subject to audit in a manner satisfactory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). (iv) Restrictions on redisclosure A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretary and the Administrator. (F) Reimbursement of HHS costs The Administrator shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (G) Consent The Administrator shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual). . 104. Optional monthly installment premium payment plans Section 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) ) is amended— (1) by striking With respect to and inserting the following: (1) Annual or monthly option Subject to paragraph (2), with respect to ; and (2) by adding at the end the following: (2) Monthly installment With respect to a policyholder that opts under paragraph (1) to pay premiums on a monthly basis, the Administrator may charge the policyholder an annual fee of not more than $15. (3) Exemption from rule making; pilot program During the period beginning on the date of enactment of this paragraph and ending on the date on which the Administrator promulgates regulations carrying out paragraph (1), the Administrator may, notwithstanding any other provision of law— (A) adopt policies and procedures to carry out that paragraph without— (i) undergoing notice and comment rule making under section 553 of title 5, United States Code; or (ii) conducting regulatory analyses otherwise required by statute, regulation, or Executive order; or (B) carry out that paragraph by establishing a pilot program that gradually implements the requirements of that paragraph. . 105. Study on business interruption coverage (a) In general The Administrator shall conduct a study on the feasibility and soundness of offering coverage for interruption business losses caused by a flood under the National Flood Insurance Program (referred to in this section as business interruption coverage ). (b) Contents In conducting the study under subsection (a), the Administrator shall, at a minimum— (1) evaluate insurance industry best practices for offering business interruption coverage, including the types of coverage provided and the utilization rate; (2) estimate the potential risk premium rates for business interruption coverage based on the flood risk reflected in the flood insurance rate map or other risk metrics in effect at the time of purchase; (3) analyze the operational and administrative expenses associated with providing business interruption coverage and adjusting claims; (4) identify potential obstacles that may prevent the Administrator from offering business interruption coverage; (5) evaluate the benefits of providing business interruption coverage; (6) analyze any potential impacts on the financial position of the National Flood Insurance Program; and (7) develop a feasibility implementation plan and projected timelines for offering business interruption coverage. (c) Availability of experts In conducting the study under subsection (a), the Administrator may accept and utilize the personnel and services of any other Federal agency, and appoint and fix the compensation of temporary personnel without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, or employ experts and consultants in accordance with the provisions of section 3109 of such title, 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. (d) Deadline The Administrator shall complete the study required under subsection (a) not later than September 30 of the second full fiscal year after the date of enactment of this Act. 106. Cooperative coverage fairness (a) In general Section 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 ) is amended by adding at the end the following: (e) Cooperatives (1) Definition In this subsection, the term cooperative building has the meaning given the term in section 1312(d). (2) Equal treatment with condominiums Notwithstanding any other provision of law, an owner of a share of a cooperative building shall be eligible to purchase flood insurance coverage under the national flood insurance program on the same terms as a condominium owner. . (b) Payment of claims Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ) is amended— (1) in subsection (c)— (A) in the subsection heading, by inserting and cooperative after condominium ; (B) by inserting or owners of a share of a cooperative building after condominium owners ; and (C) by inserting or cooperative association after condominium association each place that term appears; and (2) by adding at the end the following: (d) Definitions In this section, the terms cooperative association and cooperative building have the meanings given the terms by the Administrator. . 107. Coverage limits (a) In general Section 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 ), as amended by section 106(a), is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking In addition to any other terms and conditions under subsection (a), such regulations and inserting The Administrator ; (B) in paragraph (2)— (i) by striking shall be made and inserting may be made ; and (ii) by striking $250,000 and inserting the baseline amount ; (C) in paragraph (3)— (i) by striking shall be made and inserting may be made ; and (ii) by striking $100,000 and inserting 50 percent of the baseline amount ; and (D) in paragraph (4)— (i) by striking shall be made each place that term appears and inserting may be made ; and (ii) by striking $500,000 each place that term appears and inserting 200 percent of the baseline amount ; and (2) by adding at the end the following: (f) Definition Subject to paragraph (2), in this section, the term baseline amount means an amount determined by the Administrator that is equal to the maximum original principal obligation of a conventional mortgage secured by a single-family residence that may be purchased by the Federal National Mortgage Association, as established under the seventh sentence of section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ), which the Administrator may not— (1) increase more than once every 5 years; (2) increase with respect to any particular property pursuant to the 11th or 12th sentence of such section 302(b)(2); or (3) decrease. . (b) Authority of Administrator To sell policies The Administrator may sell a policy for flood insurance under the National Flood Insurance Program that meets the requirements of paragraphs (2), (3), and (4) of section 1306(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013(b) ), as amended by subsection (a), without regard to— (1) section 61.6 of title 44, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (2) any other provision of law. 108. Study on participation rates (a) Definitions In this section— (1) the term 500-year floodplain has the meaning given the term in section 100202(a) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 40 U.S.C. 4004(a) ); (2) the terms Federal agency lender , improved real estate , and regulated lending institution have the meanings given those terms in section 3(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4003(a) ); and (3) the term property with a Federally backed mortgage means improved real estate or a mobile home securing a loan that was— (A) made by a regulated lending institution or Federal agency lender; or (B) purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (b) Study The Comptroller General of the United States shall conduct a study that proposes to address, through programmatic and regulatory changes, how to increase the rate at which properties in the United States are covered by flood insurance. (c) Considerations In conducting the study required under subsection (b), the Comptroller General of the United States shall— (1) consider— (A) expanding participation in the National Flood Insurance Program beyond areas having special flood hazards to areas of moderate or minimum risk with respect to flooding; (B) automatically enrolling consumers in the National Flood Insurance Program and providing those consumers with the opportunity to decline such enrollment; and (C) bundling flood insurance coverage that diversifies risk across all or multiple forms of peril; and (2) determine— (A) the percentage of properties with Federally backed mortgages located in an area having special flood hazards that are covered by flood insurance that satisfies the requirement under section 102(b) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b) ); and (B) the percentage of properties with Federally backed mortgages located in the 500-year floodplain that are covered by flood insurance that would satisfy the requirement described in subparagraph (A) if that requirement applied to such properties. (d) 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 Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding the results of the study conducted under subsection (b). 109. National Flood Insurance Act definitions regarding the Write Your Own program Section 1370(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4121(a) ) is amended— (1) in paragraph (14), by striking and at the end; (2) in paragraph (15), by striking the period at the end; and (3) by adding at the end the following: (16) the term Write Your Own Program means the program under which the Federal Emergency Management Agency enters into a standard arrangement with private property insurance companies to— (A) sell contracts for Federal flood insurance under their own business lines of insurance; and (B) adjust and pay claims arising under the contracts described in subparagraph (A); and (17) the term Write Your Own Company means a private property insurance company that participates in the Write Your Own Program. . II Mitigation and mapping 201. Mitigation for high-risk properties (a) In general Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) is amended by adding at the end the following: (n) Flood mitigation activities The President shall set aside from the Disaster Relief Fund an amount equal to 10 percent of the average amount appropriated to the Fund during the preceding 10 fiscal years to provide assistance for mitigation activities under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ) for— (1) severe repetitive loss structures; and (2) properties insured under the national flood insurance program with the largest increase in the actuarial risk for the property compared to the actuarial risk for the previous fiscal year as a result of Risk Rating 2.0, as in effect on October 1, 2021. . (b) Applicability The amendment made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) by subsection (a) shall apply to funds appropriated on or after the date of enactment of this Act. (c) Technical and conforming amendment Effective on October 5, 2023, section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ) is amended by redesignating subsection (n), as added by subsection (a) of this section, as subsection (m). 202. Increased cost of compliance coverage Section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) ) is amended— (1) in paragraph (4), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (3) in subparagraph (C), as so redesignated, by striking the period at the end and inserting a semicolon; (4) by redesignating paragraph (4) as subparagraph (F), and adjusting the margins accordingly; (5) by inserting after subparagraph (C), as so redesignated, the following: (D) properties identified by the Administrator as priorities for mitigation activities before the occurrence of damage to or loss of property which is covered by flood insurance; (E) properties outside an area having special flood hazards if the communities in which the properties are located have, under section 1361, established land use and control measures for the areas in which the properties are located; and ; (6) by inserting before The national flood insurance program the following: (1) In general .— ; (7) in the flush text following subparagraph (F)(iv), as so redesignated, by striking The Administrator and inserting the following: (2) Premium The Administrator ; and (8) by adding at the end the following: (3) Amount of coverage Each policy for flood insurance coverage made available under this title shall provide coverage under this subsection having an aggregate liability for any single property of $60,000. (4) Eligible mitigation activities (A) In general Eligible mitigation methods the cost of which is covered by coverage provided under this subsection shall include— (i) alternative methods of mitigation identified in the guidelines issued pursuant to section 1361(d); (ii) pre-disaster mitigation projects for eligible structures; and (iii) costs associated with the purchase, clearing, and stabilization of property that is part of an acquisition or relocation project that complies with subparagraph (B). (B) Acquisition and relocation project eligibility and requirements (i) In general An acquisition or relocation project shall be eligible to receive assistance pursuant to subparagraph (A)(iii) only if— (I) any property acquired, accepted, or from which a structure will be removed shall be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetland and natural floodplain management practices; and (II) any new structure erected on such property will be— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of the construction of the structure. (ii) Further assistance If an acquisition or relocation project is assisted pursuant to subparagraph (A)(iii)— (I) no person may apply to a Federal entity for disaster assistance with regard to any property acquired, accepted, or from which a structure was removed as part of such acquisition or relocation project; and (II) no Federal entity may provide disaster assistance for such property. (iii) Requirement to maintain flood insurance coverage (I) In general Notwithstanding any other provision of law, any assisted structure shall, at all times, maintain insurance against flood damage, in accordance with Federal law, for the life of such structure. (II) Transfer of property (aa) Duty to notify If any part of a property on which an assisted structure is located is transferred, the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing, including in all documents evidencing the transfer of ownership of the property, that such transferee is required to— (AA) obtain flood insurance in accordance with applicable Federal law with respect to such assisted structure, if such structure is not so insured on the date on which the structure is transferred; and (BB) maintain flood insurance in accordance with applicable Federal law with respect to such structure. (bb) Failure to notify If a transferor fails to make a notification in accordance with item (aa) and such assisted structure is damaged by a flood disaster, the transferor shall pay the Federal Government an amount equal to the amount of any disaster relief provided by the Federal Government with respect to such assisted structure. (III) Assisted structure defined For the purposes of this clause, the term assisted structure means a structure on property that is part of an acquisition or relocation project assisted pursuant to subparagraph (A) that was, as part of such acquisition or relocation project— (aa) altered; (bb) improved; (cc) replaced; (dd) repaired; or (ee) restored. (C) Eligible structure defined For purposes of this paragraph, the term eligible structure means any structure that— (i) was constructed in compliance with the Flood Insurance Rate Map and local building and zoning codes in effect on the date of construction of the structure; and (ii) has not previously been altered, improved, replaced, or repaired using assistance provided under this subsection. (5) Treatment of coverage limits Any amount of coverage provided for a property pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section 1306(b) and any claim on such coverage shall not be considered a claim for purposes of section 1307(h) or subsection (a)(3) or (h)(3) of section 1366. (6) Implementation Notwithstanding any other provision of law, the Administrator may implement this subsection by adopting 1 or more standard endorsements to the Standard Flood Insurance Policy by publication of such standards in the Federal Register, or by comparable means. . 203. Flood mitigation assistance grants (a) Flood Mitigation Assistance Grant Program priority Section 1366 of the National Flood Insurance Act ( 42 U.S.C. 4104c ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the second sentence of the matter preceding subparagraph (A), as so redesignated, by striking assistance shall be and inserting the following: assistance shall— (1) be ; (C) in paragraph (1)(C), as so redesignated, by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (2) in addition to the requirement under paragraph (1)(C), give priority to properties— (A) that are repetitive loss structures; (B) with respect to which the Administrator makes a determination that the premium rates with respect to a policy for flood insurance coverage under this title— (i) are unaffordable; or (ii) will soon become unaffordable as a result of a risk adjustment under Risk Rating 2.0, as in effect on the date of that determination; and (C) for which aggregate losses exceed the replacement value of the properties. ; and (2) in subsection (h), by adding at the end the following: (4) Unaffordable The term unaffordable means, with respect to the premium rates for a policy for flood insurance coverage under this title, that, in a year, those rates are in such an amount that the housing expenses (as defined in section 1308B(a)) of the household that is the subject of the policy are, for that year, more than 30 percent of the adjusted gross income (as defined in section 62 of the Internal Revenue Code of 1986). . (b) Additional mitigation assistance (1) Appropriations from general fund of Treasury For each of the first 5 full fiscal years after the date of enactment of this Act, there is authorized to be appropriated $1,000,000,000 to the National Flood Mitigation Fund to provide mitigation assistance under this subsection. (2) Rule of construction The authorization of appropriations under subparagraph (A) shall not be construed to authorize the transfer or crediting to the National Flood Mitigation Fund of any amounts from the National Flood Insurance Fund. 204. Urban mitigation opportunities (a) Mitigation strategies Section 1361(d)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102(d)(1) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking and at the end; and (3) by inserting after subparagraph (B) the following: (C) with respect to buildings in dense urban environments, methods that can be deployed on a block or neighborhood scale; and (D) elevation of mechanical systems; and . (b) Mitigation credit Section 1308(k) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(k) ) is amended— (1) by striking shall take into account and inserting shall— (1) take into account ; (2) in paragraph (1), as so designated, by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (2) offer a reduction of the risk premium rate charged to a policyholder in an amount that is not less than 10 percent of that rate if the policyholder implements any mitigation method described in paragraph (1). . 205. Community Rating System Regional Coordinator Section 1315(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4022(b) ) is amended by adding at the end the following: (5) Regional coordinator (A) In general The Administrator shall appoint a regional coordinator in each region served by a Regional Office (as defined in section 501 of the Homeland Security Act of 2002 ( 6 U.S.C. 311 )) to provide technical assistance to small communities to enable those communities to effectively participate in and benefit from the community rating system program. (B) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this paragraph, which shall remain available until expended. . 206. Mitigation loan program (a) Definition In this section, the term mitigation measure means, with respect to a structure, a measure undertaken to reduce the risk of flood damage to the structure. (b) Establishment The Administrator may establish a pilot program through which the Administrator may provide low-interest loans to policyholders under the National Flood Insurance Program for the purposes described in subsection (c). (c) Purposes of loans A loan provided to a policyholder under the pilot program established under subsection (b) shall be used to undertake mitigation measures with respect to the insured property that cost less than the cost of the estimated amount of premiums that would be paid with respect to the property during the 50-year period beginning in the year in which the loan is made and if those mitigation measures were not undertaken. (d) Sale of property If a property with respect to which a loan has been made under this section is sold, upon that sale, the outstanding loan balance shall— (1) be repaid using the proceeds of the sale; or (2) carry over to the purchaser of the property if the purchaser so consents before the execution of the sale. 207. Revolving loan funds (a) In general Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ), as amended by section 103, is amended by adding at the end the following: 1327. State or Tribal government revolving loan funds for flood mitigation (a) Definitions In this section: (1) Community rating system The term Community Rating System means the community rating system program carried out under section 1315(b). (2) Intended use plan The term intended use plan means a plan prepared under subsection (d)(1). (3) Low-income geographic area The term low-income geographic area means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ). (4) Low-income homeowner The term low-income homeowner means the owner of a primary residence, the household income of which in a taxable year is not more than 80 percent of the median income for the area in which the residence is located. (5) Participating entity The term participating entity means a State or Tribal government that— (A) has entered into an agreement under subsection (b)(1); and (B) agrees to comply with the requirements of this section. (6) Pre-FIRM building The term pre-FIRM building means a building for which construction or substantial improvement occurred before the later of— (A) December 31, 1974; or (B) the effective date of the rate map published by the Administrator under section 1360 for the area in which the building is located. (7) State or Tribal government loan fund The term State or Tribal government loan fund means a flood mitigation assistance revolving loan fund established by a State or Tribal government under this section. (8) Tribal government The term Tribal government means the recognized government of an Indian tribe, or the governing body of an Alaska Native regional or village corporation, that has been determined eligible to receive services from the Bureau of Indian Affairs. (b) General authority (1) In general The Administrator may enter into an agreement with a State or Tribal government to provide a capitalization grant for the State or Tribal government to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease— (A) the loss of life and property; (B) the cost of flood insurance; and (C) Federal disaster payments. (2) Timing of deposit and agreements for distribution of funds (A) In general Not later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating entity under paragraph (1), the participating entity shall— (i) deposit the grant in the State or Tribal government loan fund of the participating entity; and (ii) enter into 1 or more binding agreements that provide for the participating entity to distribute the grant funds for purposes authorized under subsection (c) such that— (I) in the case of the initial grant made to a participating entity under this section, not less than 75 percent of the amount of the grant shall be distributed before the end of the 2-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity; and (II) in the case of any subsequent grant made to a participating entity under this section, not less than 90 percent of the amount of the grant shall be distributed before the end of the 1-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity. (B) Noncompliance Except as provided in subparagraph (C), if a participating entity does not comply with subparagraph (A) with respect to a grant, the Administrator shall reallocate the grant in accordance with paragraph (3)(B). (C) Exception The Administrator may not reallocate any funds under subparagraph (B) to a participating entity that violated subparagraph (A) with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available. (3) Allocation (A) In general The Administrator shall allocate amounts made available to carry out this section to participating entities— (i) for the participating entities to deposit in the State or Tribal government loan fund established by the participating entity; and (ii) except as provided in paragraph (6), in accordance with the requirements described in subparagraph (B). (B) Requirements The requirements described in this subparagraph are as follows: (i) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated. (ii) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating entity after following the procedures described in clause (iii). (iii) The procedures described in this clause are as follows: (I) Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating entity during the previous fiscal year by the number of properties insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, for that fiscal year. (II) Add together each quotient obtained under subclause (I). (III) For each participating entity, divide the quotient obtained under subclause (I) with respect to that State or Tribal government jurisdiction, as applicable, by the sum obtained under subclause (II). (IV) For each participating entity, multiply the amount that is 50 percent of the total amount made available under subparagraph (A) by the quotient obtained under subclause (III). (iv) Except as provided in paragraph (5), in a fiscal year— (I) a participating entity may not receive more than 15 percent of the total amount that is made available under subparagraph (A) in that fiscal year; and (II) if a participating entity, based on the requirements under clauses (i) through (iii), would, but for the limitation under subclause (I) of this clause, receive an amount that is greater than the amount that the State or Tribal government jurisdiction, as applicable, is authorized to receive under that subclause, the difference between the authorized amount and the amount otherwise due to the State or Tribal government jurisdiction, as applicable, under clauses (i) through (iii) shall be allocated to other participating entities— (aa) that, in that fiscal year, have not received an amount under subparagraph (A) that is more than the authorized amount under subclause (I) of this clause; and (bb) by using the requirements under clauses (i) through (iii), except that a participating entity may receive an allocation under this subclause only if the allocation does not result in the State or Tribal government jurisdiction, as applicable, receiving a total amount for the fiscal year under subparagraph (A) that is greater than the authorized amount under subclause (I). (4) No revolving fund required (A) In general Notwithstanding any other provision of this section, and subject to subparagraph (B), a participating entity that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the participating entity has established a State or Tribal government loan fund. (B) Matching A participating entity that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 25 percent of the amount that the participating entity receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A). (5) Allocation of remaining funds After allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating entities, using the procedures described in clauses (i) through (iii) of paragraph (3)(B). (6) Reservation of funds The Administrator shall reserve not more than 1.5 percent of the amount made available to carry out this section in a fiscal year— (A) for administrative costs incurred by the Federal Emergency Management Agency in carrying out this section; (B) to provide technical assistance to recipients of grants under this section; and (C) to enter into grant agreements with insular areas, with the grant funds to be distributed— (i) according to criteria established by the Administrator; and (ii) for a purpose described in subsection (c)(2). (c) Use of funds (1) In general Amounts deposited in a State or Tribal government loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used— (A) consistent with paragraph (2) and subsection (g), to provide financial assistance for— (i) homeowners, businesses, and nonprofit organizations that are eligible to participate in the national flood insurance program; and (ii) any local government that participates in the national flood insurance program; (B) as a source of revenue and security for leveraged loans, the proceeds of which shall be deposited in the State or Tribal government loan fund; or (C) for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating entity to provide matching funds under subsection (f), if the proceeds from the sale of the bonds are deposited in the State or Tribal government loan fund. (2) Purposes A recipient of financial assistance provided through amounts from a State or Tribal government loan fund— (A) shall use the amounts to reduce— (i) flood risk; or (ii) potential claims for losses covered under the national flood insurance program; (B) shall use the amounts in a cost-effective manner under requirements established by the participating entity, which may require an applicant for financial assistance to submit any information that the participating entity considers relevant or necessary before the date on which the applicant receives the assistance; (C) shall use the amounts for projects that— (i) meet design and construction standards established by the Administrator; (ii) are located in communities that— (I) participate in the national flood insurance program; and (II) have developed a community flood risk mitigation plan that has been approved by the Administrator under section 1366; (iii) address— (I) a repetitive loss structure or a severe repetitive loss property; or (II) flood risk in the 500-year floodplain, areas of residual flood risk, or other areas of potential flood risk, as identified by the Administrator; and (iv) address current risk and anticipate future risk, such as sea-level rise, and flood risk resulting from wildfire; (D) may use the amounts— (i) for projects relating to— (I) structural elevation; (II) floodproofing; (III) the relocation or removal of buildings from the 100-year floodplain or other areas of flood risk, including the acquisition of properties for such a purpose; (IV) environmental restoration activities that directly reduce flood risk, including green infrastructure; (V) any eligible activity described in subparagraphs (A) through (G) of section 1366(c)(3); or (VI) other activities determined appropriate by the Administrator; (ii) with respect to a project described in clause (i), only for expenditures directly related to a project described in that clause, including expenditures for planning, design, and associated pre-construction activities; (iii) to acquire, for the purposes of permanent protection, land, buildings, or a conservation easement from a willing seller or grantor, provided that— (I) the use of the land will be committed in perpetuity, with assurances from the recipient, that the land will only be used for open spaces, recreational use, or wetland management practices; and (II) no new structure will be erected on the property acquired other than— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of a construction of the structure; and (iv) the recipient may make no subsequent application for disaster assistance for any purpose and no such assistance will be provided to the applicant from any Federal source; (E) may not use the amounts— (i) to construct buildings or expand existing buildings, unless the activity is for the purpose of flood mitigation; (ii) to improve any structure, unless the recipient has obtained flood insurance coverage, which shall be maintained for the useful life of the structure, in an amount that is not less than the lesser of— (I) the eligible project costs with respect to the structure; and (II) the maximum insurable limit for the structure under the national flood insurance program coverage for the structure; (iii) to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ); (iv) for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or (v) to acquire real property or an interest in real property unless the property is purchased from a willing seller; and (F) to the maximum extent practicable, shall, in using those amounts, give priority to projects that assist low-income homeowners and low-income geographical areas. (d) Intended use plans (1) In general After providing the opportunity for public review and comment, each participating entity shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State or Tribal government loan fund of the participating entity. (2) Consultation during preparation Each participating entity, in preparing an intended use plan, shall ensure that the State or Tribal government agency with primary responsibility for floodplain management— (A) provides oversight with respect to the preparation of the intended use plan; and (B) consults with any other appropriate State or Tribal government agency, including agencies responsible for coastal and environmental management. (3) Contents A participating entity shall, in each intended use plan— (A) include— (i) an explanation of the mitigation and resiliency benefits the participating entity intends to achieve, including by— (I) reducing future damage and loss associated with flooding; (II) reducing the number of severe repetitive loss properties and repetitive loss structures in the State or Tribal government jurisdiction, as applicable; (III) decreasing the number of flood insurance claims in the State or Tribal government jurisdiction, as applicable; and (IV) increasing the rating under the Community Rating System for communities in the State or Tribal government jurisdiction, as applicable; (ii) information with respect to the availability of, and the application process for receiving, financial assistance from the State or Tribal government loan fund of the participating entity; (iii) the criteria and methods established for the distribution of amounts from the State or Tribal government loan fund of the participating entity; (iv) the amount of financial assistance that the participating entity anticipates providing to— (I) local government projects; and (II) projects for homeowners, business, or nonprofit organizations; (v) the expected terms of the assistance provided under clause (iv); and (vi) a description of the financial status of the State or Tribal government loan fund and the short-term and long-term goals of the State or Tribal government loan fund; and (B) provide, to the maximum extent practicable, that priority for the use of amounts from the State or Tribal government loan fund shall be given to projects that— (i) address severe repetitive loss properties and repetitive loss structures; (ii) assist low-income homeowners and low-income geographic areas; and (iii) address flood risk for pre-FIRM buildings. (4) Publication Each participating entity shall publish and periodically update a list of all projects receiving funding from the State or Tribal government loan fund of the participating entity, which shall include identification of— (A) the community in which the project is located; (B) the type and amount of assistance provided for each project; and (C) the expected funding schedule and date of completion of each project. (e) Fund management Amounts in a State or Tribal government loan fund shall— (1) remain available for providing financial assistance under this section until distributed; (2) if the amounts are not required for immediate distribution or expenditure, be invested in interest-bearing obligations; and (3) except as provided in subsection (i), include only— (A) amounts received from capitalization grants made under this section; (B) repayments of loans made from the fund; and (C) interest earned on amounts in the fund. (f) Matching funds (1) Full grant On or before the date on which a participating entity receives a capitalization grant, the participating shall deposit into the State or Tribal government loan fund of the participating entity, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 20 percent of the total amount of the capitalization grant. (2) Reduced grant If, with respect to a capitalization grant, a participating entity deposits in the State or Tribal government loan fund of the participating entity an amount from non-Federal sources that is less than 20 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall— (A) reduce the amount of the capitalization grant received by the participating entity to the amount that is 5 times the amount so deposited; and (B) in accordance with subsection (b)(5), allocate the difference between the amount that the participating entity would have received if the participating entity had complied with paragraph (1) and the amount of the reduced grant that the participating entity receives under subparagraph (A). (g) Types of assistance Unless otherwise prohibited by law of a participating entity, the participating entity may use the amounts deposited into a State or Tribal government loan fund under this section only— (1) to make a loan, on the condition that— (A) the interest rate for the loan is not more than the market interest rate; (B) the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed; (C) the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period— (i) ends on a date that is not later than 30 years after the date on which the project is completed; and (ii) is not longer than the expected design life of the project; (D) the recipient of the loan demonstrates, based on verified and documented information that, as of the date on which the loan is made, the recipient has a reasonable ability to repay the loan, according to the terms of the loan, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(F); and (E) payments of principal and interest with respect to the loan will be deposited into the State or Tribal government loan fund; (2) to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate; (3) to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would— (A) improve credit market access; or (B) reduce the interest rate with respect to the obligation; (4) as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the participating entity if the proceeds of the sale of the bonds will be deposited into the State or Tribal government loan fund; or (5) to earn interest on those amounts. (h) Assistance for low-Income homeowners and low-Income geographic areas (1) In general Notwithstanding any other provision of this section, if a participating entity uses amounts from a State or Tribal government loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the participating entity may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan. (2) Limitation For each fiscal year, the total amount of additional subsidization provided by a participating entity under paragraph (1) may not exceed 30 percent of the amount of the capitalization grant allocated to the participating entity for that fiscal year. (i) Administration of fund (1) In general A participating entity may combine the financial administration of a State or Tribal government loan fund with the financial administration of any other revolving fund established by the participating entity if— (A) combining the administration of the funds would— (i) be convenient and avoid administrative costs; and (ii) not violate the law of the participating entity; and (B) the Administrator determines that— (i) amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State or Tribal government loan fund, and interest earned on amounts in a State or Tribal government loan fund will be— (I) accounted for separately from amounts from other revolving funds; and (II) used only for purposes authorized under this section; and (ii) after consulting with the appropriate State or Tribal government agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State or Tribal government agency with primary responsibility for floodplain management. (2) Administrative and technical costs (A) In general For each fiscal year, a participating entity may use the amount described in subparagraph (B) to— (i) pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State or Tribal government loan fund; (ii) provide appropriate oversight of projects authorized under this section; and (iii) provide technical assistance and outreach to recipients in the State or Tribal government jurisdiction of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State or Tribal government jurisdiction under this section. (B) Description The amount described in this subparagraph is an amount equal to the sum of— (i) any fees collected by a participating entity to recover the costs described in subparagraph (A)(i), regardless of the source; and (ii) the greatest of— (I) $400,000; (II) 0.2 percent of the value of the State or Tribal government loan fund of a participating entity, as of the date on which the valuation is made; and (III) an amount equal to 7 percent of all grant awards made to a participating entity for the State or Tribal government loan fund of the participating entity under this section for the fiscal year. (3) Audit and report (A) Audit requirement Not less frequently than biennially, each participating entity shall conduct an audit of the State or Tribal government loan fund of the participating entity. (B) Report Each participating entity shall submit to the Administrator a biennial report regarding the activities of the participating entity under this section during the period covered by the report, including— (i) the result of any audit conducted by the participating entity under subparagraph (A); and (ii) a review of the effectiveness of the State or Tribal government loan fund of the participating entity with respect to— (I) the intended use plans of the participating entity; and (II) meeting the objectives described in subsection (b)(1). (4) Oversight In conducting oversight with respect to State or Tribal government loan funds established under this section, the Administrator— (A) shall— (i) periodically audit the funds in accordance with procedures established by the Comptroller General of the United States; and (ii) not less frequently than once every 4 years, review each State or Tribal government loan fund to determine the effectiveness of the fund in reducing flood risk; and (B) may, at any time— (i) make recommendations to a participating entity with respect to the administration of the State or Tribal government loan fund of the participating entity; or (ii) require specific changes with respect to a State or Tribal government loan fund of the participating entity in order to improve the effectiveness of the fund. (j) Liability protections The Federal Emergency Management Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency, in carrying out this section. (k) Regulations The Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that— (1) ensure that each participating entity to which funds are allocated under this section uses the funds as efficiently as possible; (2) reduce, to the maximum extent practicable, waste, fraud, and abuse with respect to the implementation of this section; and (3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from a State or Tribal government loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. (l) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2022 through 2031. . (b) Consideration of mitigation measures funded by State loan funds in flood insurance premium rates (1) Estimated rates Section 1307(a)(1)(A)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1)(A)(ii) ) is amended by striking and similar measures and inserting similar measures, and any activities funded through amounts from a State or Tribal government loan fund established under section 1327 . (2) Chargeable rates Section 1308(b)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(b)(1) ) is amended by striking and similar measures and inserting similar measures, and any activities funded through amounts from a State or Tribal government loan fund established under section 1327 . 208. Mapping modernization (a) Amendments to the Biggert-Waters Flood Insurance Reform Act of 2012 The Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4004 et seq. ) is amended— (1) in section 100215 ( 42 U.S.C. 4101a )— (A) in subsection (b)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) the Director of the United States Geological Survey; ; and (III) in subparagraph (F), as so redesignated— (aa) in the matter preceding clause (i), by striking 16 and inserting 17 ; (bb) in clause (xiii), by striking and at the end; (cc) in clause (xiv), by striking the period at the end and inserting ; and ; and (dd) by adding at the end the following: (xv) an expert in the field of catastrophic risk modeling. ; (ii) in paragraph (2), in the second sentence, by striking paragraph (1)(E) and inserting paragraph (1)(F) ; and (iii) by adding at the end the following: (3) Conflicts of interest A member of the Council— (A) may not, while serving on the Council, be employed or retained by— (i) a Federal Emergency Management Agency contractor or consultant; or (ii) a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (B) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. ; and (B) by adding at the end the following: (m) Private or community flood maps (1) Standards and procedures In addition to the other duties of the Council under this section, not later than 1 year after the date of enactment of this subsection, the Council shall develop and establish a set of standards, guidelines, and procedures for— (A) State and local governments, federally or State-recognized metropolitan planning organizations (commonly known as MPOs ), federally or State-recognized councils of local governments, and federally or State-recognized rural transportation planning organizations to use in mapping flood risks and developing alternative maps to the flood insurance rate maps developed by the Administrator; and (B) certification, by the Administrator not later than 90 days after the date on which a map developed under subparagraph (A) is submitted to the Administrator, for use under the National Flood Insurance Program in the case of any area covered by a flood insurance rate map developed or approved by the Administrator that has not been updated or reissued during the preceding 3-year period. (2) Treatment On and after the date on which the Administrator certifies a map under paragraph (1)(B), and subject to the requirements of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 ), the map— (A) shall be considered the flood insurance rate map in effect for all purposes of the National Flood Insurance Program with respect to the area covered by the map; and (B) may not be revised, updated, or replaced in accordance with the standards, guidelines, and procedures established under paragraph (1) before the expiration of the 3-year period beginning on that date of certification. (3) Exemption from rulemaking Until the date on which the Administrator promulgates regulations implementing paragraphs (1) and (2), the Administrator may adopt policies and procedures, notwithstanding any other provision of law, necessary to implement those paragraphs without regard to section 553 of title 5, United States Code, and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order. ; and (2) in section 100216 ( 42 U.S.C. 4101b )— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in clause (v), by striking and at the end; (bb) in clause (vi), by adding and at the end; and (cc) by inserting after clause (vi) the following: (vii) all other areas of the United States that are not described in clauses (i) through (vi); ; (II) in subparagraph (B), by striking and at the end; (III) in subparagraph (C), by striking the period at the end and inserting , including the most recently available and best remote sensing technology; ; and (IV) by adding at the end the following: (D) when appropriate, partner with other Federal agencies, States, and private entities in order to meet the objectives of the program; and (E) consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps. ; and (ii) in paragraph (3)— (I) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (II) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (III) in the matter preceding clause (i), as so redesignated, by striking Administrator shall include— and inserting the following: Administrator— (A) shall include— ; (IV) in subparagraph (A)(v), as so redesignated, by striking the period at the end and inserting ; and ; and (V) by adding at the end the following: (B) may include— (i) any relevant information that is obtained under paragraph (1)(E); and (ii) cadastral features, including, for each cadastral feature— (I) the associated parcel identification data for that feature; and (II) to the maximum extent practicable, using public and private sector address data, the address of that feature. ; (B) in subsection (c)(2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (D) not later than 5 years after the date on which the National Geodetic Survey completes the modernization of the National Spatial Reference System in 2022, updated to conform with the geospatial data provided by that system; and (E) spatially accurate in accordance with the common protocols for geographic information systems under applicable law. ; (C) by redesignating subsection (f) as subsection (g); (D) by inserting after subsection (e) the following: (f) Incorporating building-Specific flood risk information (1) Establishment (A) In general Not later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2021 , the Administrator, in coordination with, and as recommended by, the Technical Mapping Advisory Council, shall establish a dynamic, database-derived digital display environment for flood hazard risk production and dissemination. (B) Consultation with States and communities In designing and constructing the environment under subparagraph (A), the Administrator shall— (i) leverage and partner with States and communities that have successfully implemented the same approach; and (ii) consider adopting the techniques and technologies used by States and communities described in clause (i) and applying them nationwide. (2) Digital display (A) In general In carrying out paragraph (1), the Administrator shall create a digital display prompted through dynamic querying of a spatial, relational building database that includes— (i) special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ); and (ii) structure-specific flood risk information, including, for each property address— (I) the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations; (II) elevation data applicable to the property; (III) any letter of map changes; (IV) to the maximum extent practicable, the full risk premium rate estimated for the structure under section 1307(a)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1) ) based on elevation data and, where applicable, the level of protection provided by levee systems; (V) the disclosure described in section 1308(l) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(l) ), which shall include— (aa) the extent to which, if any, the chargeable premium rate applicable to the property is less than the full risk premium rate under section 1307(a)(1) of that Act ( 42 U.S.C. 4014(a)(1) ); and (bb) an explanation of the difference described in item (aa) and the methodology used to rate the property; (VI) the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the 10 percent annual chance event to the 0.2 percent annual chance event; (VII) the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method; and (VIII) the claims history of the structure, including the amount and date of each loss. (B) Privacy requirements With respect to the database described in subparagraph (A), including any data used to create that database, the Administrator may not disseminate the database to any person other than the owner or leaseholder of a property identified in the database. (3) Database (A) In general The Administrator shall— (i) develop a spatial, relational database of buildings for which flood hazard has been identified through the National Flood Insurance Program; and (ii) obtain the data necessary to support the digital display created under paragraph (2). (B) Data The data obtained under subparagraph (A) shall include, at a minimum— (i) footprints and elevations (including lowest adjacent grade and first floor) from Light Detection and Ranging (commonly known as LiDAR ) data collections or other data collection methods that meet or exceed the standards for buildings, as determined by the Administrator; (ii) elevation data; (iii) parcel, address, and imagery data necessary for the identification, assessment, and reduction of flood hazards for individual properties; (iv) flood insurance rate maps, studies, and supporting data; (v) letters of map change; and (vi) any other data that the Administrator determines necessary to collect to meet the objectives of this section. (4) Data procurement The Administrator shall obtain any data necessary to establish the environment under paragraph (1), including by— (A) directing communities participating in the National Flood Insurance Program, by regulation, to collect and supply information, including elevation data, for each structure that obtains a construction or other development permit within— (i) a special flood hazard area; or (ii) an advisory special flood hazard area adopted by the community; (B) issuing guidelines and standards, as determined by the Administrator; (C) partnering with other Federal, State, local, and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the Administrator under subparagraph (B); and (D) contracting with private companies to obtain new LiDAR data collections or elevation data. (5) NFIP premium credit The Administrator shall provide a 1-time premium credit of not more than $500 to a policyholder for the purchase of an elevation certificate. (6) Mass letters of map change In coordination with States and communities that have successfully implemented a dynamic, database-derived digital display environment for flood hazard risk production and dissemination, the Administrator shall issue guidelines for the adoption and integration into the program established under subsection (a) of LiDAR-based letter of map amendment approaches. (7) Annual report The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual progress report on the implementation of this subsection, which shall include recommendations to reduce the cost and improve the implementation of this subsection. ; and (E) in subsection (g), as so redesignated— (i) by striking this section $400,000,000 and inserting the following: this section— (1) $500,000,000 ; and (ii) by striking the period at the end and inserting the following: ; and (2) $500,000,000 for each of fiscal years 2022 through 2027. . (b) Appeals (1) In general (A) Right to appeal Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ) is amended by adding at the end the following: (k) Appeals of existing maps (1) Right to appeal Subject to paragraph (6), a State or local government, or the owner or lessee of real property, that makes a formal request to the Administrator to update a flood insurance rate map that the Administrator denies may at any time appeal the denial in accordance with this subsection. (2) Basis for appeal The basis for an appeal under this subsection shall be the possession of knowledge or information that— (A) the base flood elevation level or designation of any aspect of a flood insurance rate map is scientifically or technically inaccurate; or (B) factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features. (3) Appeals process (A) Administrative adjudication The Administrator shall determine an appeal under this subsection by making a final adjudication on the record, after providing an opportunity for an administrative hearing. (B) Rights upon adverse decision (i) Optional arbitration If an appeal determined under subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, that party may request that an appeal of the adverse decision be heard— (I) through independent, non-binding arbitration; or (II) by the Scientific Resolution Panel provided for in section 1363A. (ii) Process Notwithstanding any provision of section 1363A(c)(4) regarding the binding nature of the recommendations of the Scientific Resolution Panel, the Administrator shall establish a process for the purposes of clause (i) under which an arbitrator or the Scientific Resolution Panel, as applicable, provides a non-binding recommendation to the Administrator. (4) Relief (A) Wholly successful appeals If the Administrator determines in an appeal under this subsection that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area— (i) the policyholder may cancel the policy at any time during the year in which the Administrator makes the determination; and (ii) the Administrator shall provide the policyholder a refund equal to the amount of— (I) any premiums that the policyholder paid during the year described in clause (i); and (II) any premiums that the policyholder paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding the year described in clause (i). (B) Partially successful appeals If the Administrator determines in an appeal under this subsection that mitigating factors have reduced, but not eliminated, the risk of flooding to a property, the Administrator shall— (i) reduce the amount of flood insurance coverage required to be maintained for the property by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) provide the policyholder a refund equal to the difference between— (I) the amount of any premiums that the policyholder paid during the period— (aa) beginning on the later of— (AA) the date on which the mitigating factor was created; or (BB) January 1 of the second year preceding the date on which the determination is made; and (bb) ending on the date on which the reduction in the amount of flood insurance required, as described in clause (i), takes effect; and (II) the amount of premiums that the policyholder would have been required to pay if the reduced amount of flood insurance coverage required, as described in clause (i), had been in effect during the period described in subclause (I) of this clause. (C) Additional relief The Administrator may provide additional refunds in excess of the amounts required under subparagraphs (A) and (B) if the Administrator determines that such additional refunds are warranted. (5) Recovery of costs (A) Appeal expenses If a State or local government, or the owner or lessee of real property, incurs any expense in connection with an appeal under this subsection that is based on a scientific or technical error made by the Administrator and that is successful in whole or part regarding the designation of the base flood elevation or any aspect of a flood insurance rate map, including elevation or designation of a special flood hazard area, the Administrator shall reimburse the State, local government, owner, or lessee in accordance with subparagraph (B). (B) Reimbursable expenses The Administrator— (i) may reimburse a party under subparagraph (A) for reasonable expenses described in that subparagraph— (I) including for a service provided by a surveyor, engineer, or scientific expert; and (II) to the extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) may not reimburse a party under subparagraph (A) for— (I) the cost of legal services; or (II) the payment of any fee or expense, the payment of which was agreed to be contingent upon the result of the appeal. (6) Guidance The Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code. . (B) Technical and conforming amendments Section 1310(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(a) ) is amended— (i) in paragraph (7), by striking and at the end; (ii) in paragraph (8), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (9) for providing reimbursements of expenses of flood insurance rate map appeals under section 1360(k)(5). . (2) Deadline for issuance of guidance Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (k)(6) of section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ), as added by paragraph (1)(A). (3) Issuance of regulations for map appeals Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the regulations required to be issued under subsection (f) of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 ) and any relevant guidance to implement that subsection. 209. Levee-protected areas Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b) ) is amended by adding at the end the following: (4) Areas protected by levee systems (A) Applicability To facilitate the implementation of this section, and notwithstanding any other provision of law, this paragraph shall apply to a community in which the Administrator establishes rates for flood insurance under the National Flood Insurance Program in a levee-protected area. (B) Non-accredited levee systems (i) Assessment of protection provided by non-accredited levee systems With respect to an area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, for levee accreditation on a National Flood Insurance Program rate map under the Risk Rating 2.0 methodology (or any substantially similar methodology), the Administrator shall, not later than 1 year after the date of enactment of this paragraph— (I) through rules issued under section 553 of title 5, United States Code, establish— (aa) the analysis that the Administrator will perform to determine the level of protection provided by the non-accredited levee system; and (bb) the procedure by which the Administrator will establish rates for flood insurance under the National Flood Insurance Program for that area; and (II) (aa) issue guidance with respect to the matters described in items (aa) and (bb) of subclause (I); or (bb) use the levee analysis and mapping procedure of the Federal Emergency Management Agency, as in effect on the date of enactment of this paragraph, for purposes of updating flood insurance rate maps and establishing rates for flood insurance under the National Flood Insurance Program, working with established Local Levee Partnership Teams or their equivalent for verification of accurate results. (ii) Rate for areas without sufficient data With respect to a structure that is located in an area described in clause (i), and for which the Administrator does not have sufficient data to assess risk, the Administrator may not increase the rates for flood insurance under the National Flood Insurance Program for that structure until the Administrator— (I) carries out clause (i) with respect to that area; and (II) makes available to all parties affected by the increased rate the data on which the Administrator is relying in establishing that increased rate. (C) Mandatory purchase requirement for levee systems In any area in which the pertinent levee system meets the minimum design, operation, and maintenance standards described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, the Administrator may not— (i) designate the levee-protected area a special flood hazard area; or (ii) impose any requirement to purchase flood insurance for a structure located in the area. (D) Appeals process (i) In general Not later than 1 year after the date of enactment of this paragraph, the Administrator shall develop an appeals process for communities located within a levee-protected area described in this paragraph that disputes the assessment made by the Administrator of the level of protection provided by the levee or the residual risk associated with the levee. (ii) Definition requirements With respect to the appeals process established under clause (i)— (I) subject to subclause (II), the Administrator shall make clear which definition of the terms levee and residual risk shall apply for the purposes of the appeal; and (II) an appellant in an appeal brought under that process may require that the Administrator use the definition of the term levee in section 59.1 of title 44, Code of Federal Regulations, or any successor regulation. . 210. Community-wide flood mitigation activities It is the sense of Congress that the Administrator should consider flood mitigation activities that— (1) provide benefits to an entire floodplain or community, or to a portion of such a community; (2) consider all available and practicable approaches; and (3) the Administrator determines— (A) are technically feasible; (B) have the highest net benefits; and (C) are consistent with mitigation plans approved by the Administrator. III Solvency 301. Forbearance on NFIP interest payments (a) In general During the 5-year period beginning on the date of enactment of this Act, the Secretary of the Treasury may not charge the Administrator interest on amounts borrowed by the Administrator under section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) that were outstanding as of the date of enactment of this Act, including amounts borrowed after the date of enactment of this Act that refinance debts that existed before the date of enactment of this Act. (b) Use of saved amounts There shall be deposited into the National Flood Mitigation Fund an amount equal to the interest that would have accrued on the borrowed amounts during the 5-year period described in subsection (a) at the time at which those interest payments would have otherwise been paid, which, notwithstanding any provision of section 1367 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104d ), the Administrator shall use to carry out the program established under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ). (c) No retroactive accrual After the 5-year period described in subsection (a), the Secretary of the Treasury shall not require the Administrator to repay any interest that, but for that subsection, would have accrued on the borrowed amounts described in that subsection during that 5-year period. 302. Cap on Write Your Own company compensation (a) In general Section 1311 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4018 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Limitation on compensation; minimum agent commissions In negotiating with appropriate representatives of the insurance industry under subsection (a), the Administrator shall ensure that— (1) any reimbursement paid to a property and casualty insurance company for selling, writing, and servicing flood insurance policies is not more than 22.46 percent of the aggregate amount of premiums charged by the insurance company; and (2) an insurance company pays a portion of the reimbursement described in paragraph (1) to agents of the company as a commission, in an amount that is not less than 15 percent of the aggregate amount of the premiums sold by the agent. . (b) Technical and conforming amendments Section 1311 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4018 ), as amended by subsection (a), is amended— (1) in subsection (a), by striking The Administrator and inserting In general .—The Administrator ; and (2) in subsection (c), as so redesignated by subsection (a) of this section, by striking For purposes of subsection (a) and inserting Definitions .—For purposes of this section . 303. Third-party service provider costs; transparency (a) In general Section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4081 note) is amended— (1) by striking Not later than 12 months after the date of enactment of this Act, the Administrator and inserting the following: (1) In general The Administrator ; and (2) by adding at the end the following: (2) Vendor costs; transparency In issuing the rule under paragraph (1), the Administrator shall— (A) develop a schedule to determine the actual costs of Write Your Own third-party service providers, including claims adjusters and engineering companies; (B) provide that if a Write Your Own company requests reimbursement for the costs of a service or product provided to the company by a vendor, the Administrator only reimburses the company for the actual costs of the service or products; and (C) require that all reimbursements to Write Your Own companies be made public, including a description of the product or service provided to which the reimbursement pertains. . (b) Deadline for revised rule Not later than 90 days after the date of enactment of this Act, the Administrator shall issue a revised rule under section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4081 note), as amended by subsection (a). 304. Availability of NFIP claims data (a) Study required (1) In general The Administrator shall study the feasibility of selling or licensing the use of historical structure-specific National Flood Insurance Program claims data (referred to in this section as covered claims data ) to nongovernmental entities. (2) Contents In conducting the study required under paragraph (1), the Administrator shall, at a minimum— (A) investigate 1 or more methods of providing the most specific covered claims data possible while reasonably protecting policyholder privacy; (B) review existing means, as of the date of enactment of this Act, by which the Federal Government and nongovernmental entities provide leases or licenses to private persons, and the various regulations, terms, conditions, and guidance employed; (C) identify potential uses for covered claims data and any known risks concerning those uses, including the risk that private insurance companies will use the data to issue flood insurance policies with respect to properties that have the lowest level of flood risk, which would require the National Flood Insurance Program to issue those policies with respect to properties with higher levels of flood risk; (D) identify mechanisms for determining the likely market value for access to covered claims data; (E) consider whether selling or licensing the use of covered claims data, as described in paragraph (1), would be in compliance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ); (F) review the costs of researching, developing, and producing previous releases of covered claims data and identify if releasing this data has benefitted the National Flood Insurance Program in a tangible way that benefits policyholders; and (G) recommend actions the Administrator could take, if any, to prevent unintended consequences associated with the sale or licensing for private insurance purposes covered claims data. (b) Report by Administrator Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection (a), which shall include an analysis of any recommendations made by the study. 305. Refusal of mitigation assistance Section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), in the first sentence, by inserting and, with respect to financial assistance described in paragraph (2), using amounts made available from the Disaster Relief Fund in accordance with section 203(n) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(n) ) after section 1367 ; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) Refusal of assistance (1) Definition In this subsection, the term bona fide offer of assistance means an offer of assistance made by the Administrator to a policyholder under the national flood insurance program that— (A) relates to mitigation activities with respect to the structure insured under that program; (B) covers 100 percent of the cost of the mitigation activities described in subparagraph (A); (C) permits the policyholder to continue to live in the structure to which the policy relates; and (D) is carried out under a mitigation plan. (2) Penalty If, after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2021 , a policyholder under the national flood insurance program refuses a bona fide offer of assistance with respect to the property so insured, the Administrator shall, notwithstanding any other provision of this title, increase the chargeable risk premium rate for flood insurance under this title for the property by 25 percent each year until— (A) the policyholder accepts the bona fide offer of assistance; or (B) that chargeable risk premium rate is actuarially sound. . 306. Multiple structure mitigation Section 1308A(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015a(a) ) is amended— (1) in the first sentence, by striking The Administrator and inserting the following: (1) In general Except as provided in paragraph (2), the Administrator ; and (2) by adding at the end the following: (2) Relief for small businesses and nonprofits (A) Definition In this paragraph, the term covered small business or nonprofit organization means a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) or an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code that owns not fewer than 3 structures that are located on a single property. (B) Relief The Administrator may not impose a surcharge under this section for a policy for flood insurance coverage under the National Flood Insurance Program for a covered small business concern or nonprofit organization with respect to more than 2 detached units or buildings located on a single property if the covered small business or nonprofit organization certifies to the Administrator that the savings from the surcharge not being imposed shall be used for flood mitigation on the property on which the units or buildings are located. (C) Rules Not later than 1 year after the date of enactment of this paragraph, the Administrator shall issue rules establishing the process for submitting a certification described in subparagraph (B). . IV Policyholder protection and fairness 401. Earth movement fix and engineer standards (a) Rebuttable presumption for foundation and structural damage (1) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 106(b), is amended by adding at the end the following: (e) Rebuttable presumption for foundation and structural damage (1) In general For the purposes of the Administrator determining coverage under the standard flood insurance policy under the national flood insurance program, a rebuttable presumption that physical damage to the foundation of, or structural damage to, a structure was not caused by earth movement shall apply if— (A) flood caused direct physical change to the structure; and (B) there is damage to the foundation of, or structural damage to, the structure that was not present before the flood, as demonstrated by a certification from the policyholder. (2) Rebuttal In determining coverage as a result of the rebuttable presumption under paragraph (1), an insurance company may rebut the presumption only by providing the Administrator with an engineering report that— (A) meets standards issued by the Administrator under paragraph (3); and (B) clearly demonstrates that the physical damage to the foundation of, or structural damage to, a structure described in paragraph (1) was caused directly by earth movement that was not— (i) caused by the horizontal pressure from standing or slow-moving floodwater (commonly known as hydrostatic pressure ); (ii) caused by the force of floodwater that causes the vertical uplift from the underside of a horizontal foundation component, such as a concrete slab, footer, or structural floor assembly (commonly known as buoyancy ); (iii) caused by pressure imposed on an object, such as a wall of a building, by high-velocity floodwater or waves flowing against and around the building (commonly known as hydrodynamic force ); (iv) caused by floodwater moving along the surface of the ground causing soil to suddenly erode or undermine, resulting in failure of a foundation or to one of the structural components of the foundation (commonly known as scouring ); or (v) otherwise caused by flood. (3) Minimum standards for engineering reports The Administrator shall issue minimum standards— (A) regarding the form and content of engineering reports used to assist insurance claims adjusters with respect to carrying out this subsection; and (B) that— (i) include a requirement that any such engineering report shall be signed and have a seal affixed by an engineer who is licensed in the State in which the property to which the claim relates is located; and (ii) are consistent with generally accepted practices in— (I) the field of forensic engineering; and (II) the insurance industry. (4) Documentation of condition of foundation (A) In general If the holder of a policy for flood insurance coverage made available under this title documents the condition of the foundation of a structure covered by the policy with a photograph, video recording, or otherwise, and submits the documentation to the Administrator or the Write Your Own Company that sold the policy, as applicable, the Administrator or Write Your Own Company, respectively, shall keep the documentation and use the documentation when adjusting a claim that arises under the policy. (B) Notice to policyholders The Administrator shall notify a policyholder, when the policyholder purchases or renews a flood insurance policy sold under this title, that the policyholder may document the condition of the foundation of a structure covered by the policy in accordance with subparagraph (A). (5) Rule of construction Nothing in this subsection may be construed to modify the terms and conditions of the standard flood insurance policy. . (2) Application The amendment made by paragraph (1) shall apply with respect to a claim with a date of loss that is on or after the date that is 90 days after the date of enactment of this Act. (b) Regulations Not later than 90 days after the date of enactment of this Act, the Administrator shall issue the standards required under subsection (e)(3) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as added by subsection (a)(1). 402. Coverage of pre-FIRM condominium basements and study on street raising (a) Basement clarification (1) In general Section 1305 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4012 ) is amended by adding at the end the following: (e) Availability of insurance for pre-FIRM condominium basements (1) Definition In this subsection, the term pre-FIRM condominium building means a condominium building that was not constructed or substantially improved after the later of— (A) December 31, 1974; or (B) the effective date of the initial flood insurance rate map published by the Administrator under section 1360 for the area in which the building is located. (2) Coverage The Administrator shall offer an optional rider to a contract for flood insurance made available under this title that covers the basement of a pre-FIRM condominium building that serves as a separate residential unit within that condominium building. . (2) Amendments to regulations Not later than 180 days after the date of enactment of this Act, the Administrator shall make any amendments to the regulations of the Federal Emergency Management Agency that are necessary as a result of the amendment made by paragraph (1). (b) Study on consequences of street-Raising (1) Definition In this subsection, the term affected property means a property containing an area— (A) the floor of which was located at or above grade before the community raised the street adjacent to the property; and (B) after the street-raising described in subparagraph (A), that was designated as a basement because of the street-raising. (2) Study; report Not later than 1 year after the date of enactment of this Act, the Administrator shall study and submit to Congress a report on the consequences of street-raising on flood insurance coverage for an affected property under the National Flood Insurance Program, including the cost implications for the property owner. 403. Guidance on remediation and policyholder duties (a) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 401(a)(1), is amended by adding at the end the following: (f) Guidance on mold remediation (1) In general The Administrator shall issue guidance relating to the identification of reasonable actions that a policyholder of coverage for flood insurance made available under this title may take to inspect and maintain the property to which that coverage applies— (A) after a flood recedes; and (B) in order to avoid damage to the property that is caused by mold, mildew, moisture, or water. (2) Considerations In developing guidance under paragraph (1), the Administrator shall consider— (A) any applicable laws and regulations; (B) the terms and conditions of the standard flood insurance policy; (C) technical best practices; (D) the costs of remediation in relation to the condition of a property described in that paragraph; and (E) the actions that the Administrator may reasonably expect a policyholder described in that paragraph to take, given the likely challenges faced by the policyholder after a flood. (3) Regular review The Administrator shall— (A) regularly review the guidance issued under paragraph (1); and (B) revise the guidance issued under paragraph (1) as the Administrator determines appropriate. (4) Annual distribution The Administrator shall provide a copy of the guidance issued under paragraph (1) to a policyholder at the time of the purchase or renewal of a flood insurance policy sold under this title. . (b) Initial issuance Not later than 1 year after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (f) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as added by subsection (a) of this section. (c) Accessibility, reasonableness, and degree of damage Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by subsection (a), is amended by adding at the end the following: (g) Exclusion of certain damage For purposes of determining whether damage caused by mold, mildew, moisture, or water to a property shall be excluded from coverage under the standard flood insurance policy— (1) subject to paragraph (2), only the degree of damage caused by mold, mildew, moisture, or water that could have been avoided through inspection and maintenance may be excluded from that coverage; and (2) the condition of the property to which the damage relates may not be considered to be attributable to the policyholder with respect to the property, including any failure by the policyholder to inspect and maintain the property after a flood recedes, if— (A) the policyholder was denied access to the property after the flood receded because of— (i) a lawful government order; (ii) a determination by local authorities that the property— (I) is unsafe or unstable; or (II) shall be condemned; or (iii) otherwise unsafe conditions; (B) a reasonable individual exercising reasonable judgment could not be expected to inspect, maintain, or mitigate the damage to the property under the circumstances; or (C) the policyholder faced particular challenges, including— (i) practical or financial difficulty in inspecting or maintaining the property; (ii) the need to address other more immediate priorities, including— (I) the health and well-being of the policyholder and the family of the policyholder; (II) the preservation of basic items; (III) displacement; and (IV) other issues that make inspection and maintenance of the property a near-term challenge for the policyholder; and (iii) the unavailability of contractors or other individuals to perform any required inspection and maintenance. . 404. Appeal of decisions relating to flood insurance coverage (a) Enhanced policyholder appeals process (1) In general 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. Appeal of decisions relating to flood insurance coverage (a) Definition In this section, the term Office , except as otherwise specified, means the Independent Office for Policyholder Appeals established under subsection (b). (b) Independent Office for Policyholder Appeals Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Independent Office for Policyholder Appeals to provide for a non-adversarial and fair administrative review of appeals submitted under subsection (c)(1). (c) Appeals process (1) Right to appeal A policyholder of a flood insurance policy issued under the National Flood Insurance Program may appeal the denial of a claim arising under the policy in writing to the Office not later than 1 year after receipt of the denial. (2) Exhaustion of administrative appeals required before filing civil action A policyholder of a flood insurance policy issued under the National Flood Insurance Program may not institute an action on a denied claim arising under the policy against the Administrator in a United States district court under section 1333 or 1341, as applicable, unless the policyholder has exhausted the appeals process under this section. (d) Duties and responsibilities In administering appeals submitted under subsection (c)(1), the Office shall— (1) issue final appeal decisions through an appeal process established by the Office; (2) disseminate information to appellants concerning the information that an appellant may include in the appeal submissions; (3) provide an appellant with an opportunity to discuss any issue on appeal with a claims expert in the Office; (4) provide aggregated appeals data to the Office of the Flood Insurance Advocate for use in fulfilling the duties and responsibilities of that office under section 24(b) of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033(b) ); and (5) publish final appeal decisions to a public-facing website— (A) to inform the public; and (B) for awareness to support transparency and training for Write Your Own Companies and contractors of the Federal Emergency Management Agency. (e) Regulations (1) In general For purposes of implementing the appeals process under this section, the Administrator may promulgate new regulations or use regulations that were in effect on the date of enactment of this section, except that— (A) the Administrator may not declare any appeal ineligible if the policyholder submits the appeal to the Office not later than 1 year after the date on which the policyholder receives the denial of the applicable claim, as required under subsection (c)(1); (B) upon receiving all information necessary to complete an appeal, the Office shall notify the appellant that the Office will make a final decision not later than 90 days after receipt of that information; and (C) not later than 90 days after receipt of all information necessary to complete an appeal, the Office shall make a final decision on the appeal. (2) Enforcement of final decision deadline If the Office does not comply with the deadline under paragraph (1)(C) with respect to an appeal, and the policyholder that brought the appeal is ultimately successful, the Administrator shall pay to the policyholder interest on the claim that is the subject of the appeal, which shall— (A) begin accruing on the date on which the policyholder submits the appeal; and (B) be calculated using the rate of return on a 3-year Treasury bill, as in effect on the date described in subparagraph (A). (3) All information necessary For purposes of paragraph (1), the term all information necessary includes information obtained from a physical reinspection of the property or from an expert report, if that information is needed in order to complete the review of the appeal. (4) Liability protection No cause of action shall lie or be maintained in any court against the United States, and any such action shall be promptly dismissed, for violation of the notification requirement under paragraph (1)(B). . (2) Effective date for new appeals process Subsection (c) of section 1349 of the National Flood Insurance Act of 1968, as added by paragraph (1), shall take effect on the date that is 180 days after the date of enactment of this Act. (b) Repeal and transfer (1) In general Effective on the date that is 180 days after the date of enactment of this Act, section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note; Public Law 108–264 ) is repealed, and any appeals that were pending before the Administrator under that section on the day before that effective date shall be transferred to the Independent Office for Policyholder Appeals established under section 1349 of the National Flood Insurance Act of 1968 (as added by subsection (a)) for disposition under such section 1349. (2) Technical and conforming amendments (A) Table of contents The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 205. (B) Other amendment Section 204(a)(3) of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note; Public Law 108–264 ) is amended by striking section 205 and inserting section 1349 of the National Flood Insurance Act of 1968 . (c) Judicial review reform (1) Government Program With Industry Assistance Section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ) is amended— (A) by striking In the event the program and inserting the following: (a) In general If the program ; (B) in subsection (a), as so designated— (i) by inserting or the Administrator’s fiscal agent after upon the disallowance by the Administrator ; (ii) by striking within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim and inserting not later than 1 year after exhausting available administrative remedies, may institute an action against the insurer on such claim ; and (C) by adding at the end the following: (b) Exhaustion of administrative remedies For the purposes of subsection (a), a claimant exhausts available administrative remedies if— (1) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (2) the Administrator— (A) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (B) the Administrator makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations (1) Issues raised on appeal An action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition For purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages. . (2) Industry program with Federal financial assistance Section 1333 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 ) is amended— (A) by striking The insurance companies and other insurers and inserting the following: (a) In general The insurance companies and other insurers ; (B) in subsection (a), as so designated, by striking within one year after the date of mailing of notice of disallowance or partial disallowance of the claim, may institute an action on such claim against such company or other insurer and inserting not later than 1 year after exhausting available administrative remedies, may institute an action on the claim against the company or other insurer ; and (C) by adding at the end the following: (b) Exhaustion of administrative remedies For the purposes of subsection (a), a claimant exhausts available administrative remedies if— (1) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (2) the Administrator— (A) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (B) the Administrator makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations (1) Issues raised on appeal An action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition For purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages. . 405. Accountability for underpayments and overpayments by Write Your Own companies Section 1348 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4084 ) is amended by adding at the end the following: (c) Underpayments and overpayments (1) Accountability for underpayments If the Administrator determines through any audit that the pool or an insurance company or other private organization described in subsection (a) has not adjusted a claim in accordance with adjusting standards that are in effect as of the date on which the adjustment is performed and, as a result of that failure, has underpaid or overpaid a claim of a policyholder, the penalty imposed by the Administrator with respect to such a failure may not be less for an overpayment of a claim than for an underpayment of a claim. (2) Safe harbor for certain overpayments The Administrator may not impose a penalty on the pool or an insurance company or other private organization described in subsection (a) for overpayment of a claim of a policyholder for reasons described in paragraph (1) of this subsection if— (A) the overpayment was not in bad faith; and (B) the amount of the overpayment was not more than 4 percent of the coverage limit of the policy. (d) GAO report Not later than 2 years after the date of enactment of this subsection, and triennially thereafter, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding any penalties imposed by the Administrator under subsection (c)(1). . 406. Policyholders’ right to know (a) Use Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 403(c), is amended by adding at the end the following: (h) Use of technical assistance reports When adjusting claims for any damage to or loss of property that is covered by flood insurance made available under this title, the Administrator may rely upon technical assistance reports, as defined in section 1312A(a), only if the reports are final and are prepared in compliance with applicable State and Federal laws regarding professional licensure and conduct. . (b) Disclosure Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by inserting after section 1312 ( 42 U.S.C. 4019 ) the following: 1312A. Disclosure of claims documents and technical assistance reports (a) Definitions In this section— (1) the term policyholder means any person listed as a named or additional insured on the declarations page of a policy for flood insurance coverage made available under this title; and (2) the term technical assistance report means a report created for the purpose of furnishing technical assistance to an insurance claims adjuster assigned under the national flood insurance program, including any report created by an engineer, a surveyor, a salvor, an architect, or a certified public accountant. (b) Provision of copies (1) In general Notwithstanding section 552a of title 5, United States Code, not later than 1 week after the date on which the Administrator receives a written request, or a request submitted online, from a policyholder, and with respect to a claim for loss submitted by the policyholder for any damage to or loss of property that is covered by the policy, the Administrator shall provide a true, complete, and unredacted copy of— (A) all documents that constitute the claim file of the insurance company with respect to the claim, in accordance with the memorandum issued by the Administrator on June 1, 2018, entitled Guidance for the Release of Claim File Information to Policyholders (WYO Bulletin W–18012) (or any successor document); (B) any document created by any adjuster in scoping the loss, including measurements, photographs, and notes; (C) any estimates of damages with respect to the claim; (D) any draft and final technical assistance report relating to adjusting and paying or denying the claim; (E) any proof of loss, supplemental proofs of loss, or any equivalent notices, together with supporting documentation, with respect to the claim; and (F) any document relating to the denial or partial denial of the claim. (2) Rule of construction Nothing in paragraph (1) may be construed to limit the right of a policyholder to receive a disclosure under section 552a of title 5, United States Code, or any other provision of law. (c) Direct disclosure by Write Your Own companies and direct servicing agents (1) In general A Write Your Own Company or direct servicing agent in possession of any technical assistance report that is subject to disclosure under subsection (b) may disclose such technical assistance report without further review or approval by the Administrator. (2) Affirmative notification A Write Your Own Company, or any other entity servicing a claim under the national flood insurance program, shall, not later than 30 days after the date on which the company or entity receives notice of a claim, notify the claimant that the claimant or an authorized representative of the claimant may obtain, upon request, a copy of any claim-related document described in subsection (b)(1) that pertains to the claimant. . (c) Transmission of report without approval (1) Definition In this subsection, the term final engineering report means an engineering report, survey, or other document in connection with a claim for losses covered by a policy for flood insurance coverage made available under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ) that— (A) is based on an on-site inspection; (B) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (C) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Transmission A Write Your Own Company or a National Flood Insurance Program direct servicer may, without obtaining further review or approval by the Administrator, transmit to a policyholder a final engineering report in the possession of the Write Your Own Company or the direct servicer in connection with a claim submitted by the policyholder. 407. Exclusion of service providers from participation in the National Flood Insurance Program Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ), as amended by section 404, is amended by adding at the end the following: 1350. Exclusion of certain service providers from participation in the National Flood Insurance Program (a) Definitions In this section: (1) Excluded service provider The term excluded service provider means a service provider that is excluded by the Administrator under this section from participation in the National Flood Insurance Program. (2) Service provider The term service provider means any attorney, accountant, appraiser, adjuster, engineer, or other individual or entity that directly or indirectly provides, has provided, or is likely to provide services to the National Flood Insurance Program. (3) Should know The term should know — (A) means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information; and (B) does not require specific intent to defraud. (b) Effect of exclusion (1) Prohibition on making payments to excluded service providers The Administrator may not make any payment or reimbursement for any service furnished under this title by a service provider excluded under this section during the period of exclusion. (2) Prohibition on entering into new contracts or agreements The Administrator may not enter into or extend any contract or agreement under this title with a service provider excluded under this section during the period of exclusion. (3) Exception The Administrator may waive the applicability of paragraph (1) or (2) to a particular transaction upon making a written determination that the waiver is essential for the operation of the National Flood Insurance Program. (c) Causes for exclusion The Administrator may exclude from participation in the National Flood Insurance Program a service provider— (1) that is criminally convicted or found civilly liable (as applicable) for— (A) any act in connection with obtaining, attempting to obtain, or performing a contract or subcontract for the National Flood Insurance Program; (B) fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal tax laws, or receiving stolen property; (C) an act relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the business of insurance; (D) any other act indicating a lack of business integrity or business honesty that seriously and directly affects the responsibility of a service provider to provide services to the National Flood Insurance Program; or (E) attempting, soliciting, or conspiring to commit an act described in subparagraphs (A) through (D); (2) that is, at the time of the exclusion under this subsection, debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994 ( 31 U.S.C. 6101 note; Public Law 103–355 )); (3) whose license to provide professional services has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; (4) that surrendered a license described in paragraph (3) while a formal disciplinary proceeding was pending before a State licensing authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity; (5) that has provided professional services to the National Flood Insurance Program— (A) at a price or rate substantially higher than the provider's customary charge for such services; (B) in a manner that substantially exceeds the needs of the National Flood Insurance Program; or (C) that are of a quality that fails to meet professionally recognized standards for those services; (6) that has violated the terms of a contract or agreement related to the National Flood Insurance Program to an extent so serious as to justify exclusion under this subsection, such as— (A) willful failure to perform in accordance with the terms of a contract or agreement related to the National Flood Insurance Program; or (B) a history of failure to perform, or of unsatisfactory performance of, a contract or agreement related to the National Flood Insurance Program; (7) that has engaged in conduct detrimental to the National Flood Insurance Program so serious or compelling in nature that it affects the responsibility of the service provider to provide services to the National Flood Insurance Program; or (8) that, in the case of an attorney, has committed an act subject to disbarment under paragraph (1), regardless of criminal or civil findings of liability. (d) Exclusion of affiliates The Administrator may exclude from participation in the National Flood Insurance Program a service provider that— (1) is an entity directly or indirectly owned, or with a control interest of 5 percent or more held, by an individual or entity excluded from participation under this section; or (2) (A) directly or indirectly owns, has a control interest in, or is an officer or managing employee of an entity excluded under this section; and (B) knows or should know of the action constituting the basis for the entity's exclusion. (e) Notice and decision-Making (1) Notice of proposal to exclude Before excluding a service provider under this section, the Administrator shall issue a notice of proposed exclusion to the service provider, by certified mail, return receipt requested, that states— (A) that the exclusion is being considered; (B) the reasons for the proposed exclusion in terms sufficient to put the service provider on notice of the conduct or transaction upon which it is based; (C) the cause relied upon under subsection (c) for proposing exclusion; (D) that, not later than 30 days after receipt of the notice, the service provider may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed exclusion, including any additional specific information that raises a genuine dispute over the material facts; (E) the Administrator’s procedures governing exclusion decision-making; (F) the effect of the issuance of the notice of proposed exclusion; and (G) the potential effect of an actual exclusion. (2) Administrator’s decision to exclude (A) Exclusion based on conviction or judgment or without dispute over material facts (i) In general In the case of a proposed exclusion under this section based on a criminal conviction or civil judgment, or in which there is no genuine dispute over material facts, the Administrator shall make an exclusion decision on the basis of all the information in the administrative record, including any submission made by the service provider. (ii) Timing The Administrator shall make a decision under clause (i) not later than— (I) 30 days after receipt of any information and argument submitted by the service provider in opposition to the proposed exclusion, unless the Administrator extends that period for good cause; or (II) if the service provider does not submit any information or argument in opposition to the proposed exclusion, 60 days after the date on which the Administrator issues the notice of proposed exclusion under paragraph (1), unless the Administrator extends that period for good cause. (B) Exclusion proceedings involving dispute of material fact (i) Written findings of fact In the case of a proposed exclusion under this section in which additional proceedings are necessary to resolve disputed material facts, the Administrator shall prepare written findings of fact. (ii) Basis for factual findings The Administrator shall base a determination under clause (i) on the facts as found, together with any information and argument submitted by the service provider and any other information in the administrative record. (iii) Referral to administrative law judge The Administrator— (I) may refer a matter involving disputed material facts to an administrative law judge for findings of fact; and (II) may reject any findings of fact made under subclause (I), in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. (iv) Conclusion of proceedings The Administrator shall make a decision regarding a proposed exclusion under this subparagraph after the conclusion of the proceedings with respect to disputed facts. (C) Burden of proof In the case of any proposed exclusion under this section that is not based on a criminal conviction or civil judgment, the cause for exclusion shall be established by a preponderance of the evidence. (3) Notice of exclusion decision (A) Notice of exclusion If the Administrator decides to exclude a service provider from participation in the National Flood Insurance Program under this section, the Administrator shall provide the service provider prompt notice by certified mail, return receipt requested— (i) referring to the notice of proposed exclusion; (ii) specifying the reasons for exclusion; and (iii) stating the period of exclusion, including effective dates. (B) Notice of no exclusion If the Administrator decides not to exclude a service provider from participation in the National Flood Insurance Program under this section, the Administrator shall promptly notify the service provider, by certified mail, return receipt requested. (f) Considerations when making exclusion determination A determination relating to the appropriateness of excluding a service provider under this section or the length of such an exclusion is committed to the Administrator’s sole discretion, but in making such a determination, the Administrator shall consider— (1) the nature of any services involved and the circumstances under which they were provided; (2) the degree of culpability and history of prior offenses or improper conduct of the service provider involved; and (3) such other matters as justice may require. (g) Notification to licensing agencies of exclusion The Administrator shall— (1) promptly notify the appropriate agency or authority having responsibility for the licensing or certification of a service provider excluded under this section of the fact of the exclusion, as well as the reasons for the exclusion; (2) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and (3) request that the agency or authority keep the Administrator fully and currently informed with respect to any actions taken in response to the request. (h) Construction (1) Determination of conviction (A) In general For the purposes of this section, an individual or entity shall be considered to have been convicted of a criminal offense if— (i) a judgment of conviction for the offense has been entered against the individual or entity by a Federal, State, or local court; (ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to the offense; (iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court with respect to the offense; or (iv) the case of an individual, the individual has entered a first offender or other program pursuant to which a judgment of conviction for the offense has been withheld. (B) Effect of appeal or request for relief A determination of conviction under subparagraph (A) shall be made without regard to the pendency or outcome of any appeal (other than a judgment of acquittal based on innocence) or request for relief on behalf of the individual or entity. (2) Application of other proceedings This section shall not be construed to limit or supersede any other Federal or State criminal or civil action or Federal suspension or debarment proceeding. . 408. Deadline for claim processing (a) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 406(a), is amended by adding at the end the following: (i) Deadline for approval of claims (1) In general The Administrator shall provide that, in the case of a claim for damage to or loss of property that is covered by a policy for flood insurance made available under this title— (A) except as provided in paragraph (2), not later than 60 days after the date on which a proof of loss or comparable submission is provided to the Administrator— (i) an initial determination regarding approval of the claim for payment or disapproval of the claim shall be made; and (ii) notification of the determination described in clause (i) shall be provided to the policyholder making the claim; and (B) payment of an approved claim shall be made as soon as possible after that approval. (2) Extension of deadline The Administrator shall— (A) provide that the period described in paragraph (1)(A) may be extended by an additional period of 30 days under extraordinary circumstances; and (B) by regulation— (i) establish criteria for— (I) demonstrating the extraordinary circumstances described in subparagraph (A); and (II) determining to which claims the extraordinary circumstances described in subparagraph (A) apply; and (ii) provide that, if the deadline imposed under paragraph (1)(A), as extended under subparagraph (A), if applicable, is not satisfied the amount of the claim to which the deadline relates shall be increased with interest, which shall begin accruing on the date on which the initial claim is filed. (3) Deadline tolled during certain communication with policyholder The deadline under paragraph (1) shall be tolled during any period during which the Administrator or a Write Your Own Company is trying to obtain more information from a policyholder regarding a claim made by the policyholder, or is otherwise working with a policyholder to develop such a claim. . (b) Applicability The amendment made by subsection (a) shall apply to any claim for damage to or loss of property that is covered by a policy for flood insurance made available under the National Flood Insurance Program that is made after the date of enactment of this Act. 409. No manipulation of engineer reports Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 408(a), is amended by adding at the end the following: (j) Final engineering reports (1) Definitions In this subsection— (A) the term covered claim means any claim for losses covered by a policy for flood insurance coverage made available under this title; and (B) the term final engineering report means an engineering report, survey, or other document in connection with a covered claim that— (i) is based on an on-site inspection; (ii) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (iii) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Prohibition on manipulation and transmission to third parties The Administrator shall require that, in the case of any on-site inspection of a property by an engineer for the purpose of assessing any covered claim, the final engineering report— (A) may not— (i) include alterations by, or at the request of, anyone other than the person responsible for the report; or (ii) be transmitted to any other person before the final engineering report is transmitted to the policyholder who submitted the covered claim; and (B) shall include a certification, signed by the person responsible for the final engineering report, that the final engineering report does not contain any alterations described in subparagraph (A). . 410. Improved training of floodplain managers, agents, and adjusters (a) Local floodplain managers Each regional office of the Federal Emergency Management Agency shall— (1) provide training to local floodplain managers, agents, and claim adjusters in the region regarding the responsibilities and procedures of local floodplain managers with respect to conducting substantial damage and substantial improvement determinations; (2) work with applicable State agencies to provide the training described in paragraph (1); and (3) verify that the individuals described in paragraph (1) are completing the training described in that paragraph. (b) Major disaster training After a flood that is declared a major disaster by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the Administrator shall, if determined appropriate, provide— (1) refresher training to prepare insurance claims adjusters for the unique circumstances of the major disaster; and (2) any briefings that are necessary to prepare and inform floodplain managers, agents, and claim adjusters regarding any atypical circumstances and issues arising from the natural disaster. 411. Flood insurance continuing education and training (a) In general The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended— (1) in section 201 ( 42 U.S.C. 4011 note)— (A) in paragraph (1), by striking Director of the and inserting Administrator of the ; and (B) in paragraph (2), by inserting 4001 after U.S.C. ; and (2) by striking section 207 ( 42 U.S.C. 4011 note) and inserting the following: 207. Continuing education requirements for insurance agents (a) In general The Director shall require each insurance agent who sells flood insurance policies under the Program to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States (1) In general If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial If an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner ) determines under paragraph (1)(B) that a continuing education course taken in another State by an insurance agent who sells flood insurance policies does not meet the minimum standards established by the rejecting commissioner, the insurance agent may not take any action described in paragraph (1) or (2) of subsection (b) until the agent satisfies the minimum requirements established by the rejecting commissioner. (d) Rule of construction Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner. . (b) Technical and conforming amendment The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 ; 118 Stat. 712) is amended by striking the item relating to section 207 and inserting the following: Sec. 207. Continuing education requirements for insurance agents. . 412. Shifting of attorney fees and other expenses Section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as amended by section 405(c), is amended by adding at the end the following: (d) Attorney fees and other expenses A Write Your Own Company against which an action is instituted under this subsection shall be considered an agency of the United States for the purposes of section 2412(d) of title 28, United States Code. . 413. Restriction on defense of claims litigation (a) Restriction on defense of claims litigation (1) In general Section 1345 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 ) is amended by adding at the end the following: (f) Restriction on defense of claims litigation The Administrator may not enter into any contract, agreement, or other appropriate arrangement under subsection (a) that delegates the authority of the Administrator to defend actions instituted under section 1341. . (2) Implementation Notwithstanding any other provision of law, the Administrator may implement the amendment made by paragraph (1) by adopting 1 or more standard endorsements to the Standard Flood Insurance Policy by publication of those standards in the Federal Register, or by comparable means. (3) Effective date The amendment made by paragraph (1) shall take effect on the date that is 1 year after the date of enactment of this Act. (4) Transition Notwithstanding the amendment made by paragraph (1), in the case of an action instituted under subsection (b) of section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as added by section 407, before the effective date under paragraph (3) of this subsection, the Administrator may authorize a Write Your Own Company to continue to defend the action after that effective date. (b) Appointment of temporary personnel (1) In general Section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 ), as amended by section 412, is amended by adding at the end the following: (e) Appointment of temporary personnel The Administrator may appoint and fix the compensation of such temporary personnel as may be necessary to support the defense of an action instituted under this section, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. . (2) Funding Section 1310(d)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(d)(1) ) is amended by inserting after losses, the following: including the costs associated with the hiring of temporary personnel under section 1341(e), . 414. Reforming use of proof of loss forms (a) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ), as amended by section 409, is amended by adding at the end the following: (k) No condition of payment of undisputed claim on proof of loss (1) In general Notwithstanding any other provision of law, or any term or condition of a standard flood insurance policy, the Administrator— (A) may not condition payment of an undisputed claim based on the submission of a proof of loss; and (B) may instead accept a report submitted by the insurance adjuster the Administrator hires to investigate the claim, if the report is signed by the policyholder, unless the Administrator determines that conditions make signature impracticable. (2) Refusal to accept amount paid Upon the refusal of a policyholder to accept the amount paid under paragraph (1), the Administrator may require the policyholder to submit a proof of loss within a timeframe determined by the Administrator. . (b) Guidance to defense attorneys The Administrator shall issue guidance for best practices for attorneys defending actions instituted under section 1333 or 1341, as applicable, of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 , 4072) (as amended by section 404(c)) relating to how to respond to unintentional errors in a proof of loss submitted by a policyholder under the National Flood Insurance Policy. 415. Agent Advisory Council Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. ), as amended by section 407, is amended by adding at the end the following: 1351. Agent Advisory Council (a) Establishment There is established a council to be known as the Agent Advisory Council (in this section referred to as the Council ). (b) Membership (1) Members The Council shall consist of— (A) the Administrator, or the designee of the Administrator; and (B) 11 additional members appointed by the Administrator or the designee of the Administrator, of whom— (i) 1 shall be a member of the National Association of Insurance Commissioners; (ii) 2 shall be members of the Independent Insurance Agents and Brokers of America; (iii) 1 shall be a member of United Policyholders; (iv) 1 shall be a representative of the Emergency Management Institute of the Federal Emergency Management Agency; (v) 1 shall be a representative of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency; (vi) 2 shall be members of the National Association of Professional Insurance Agents; (vii) 1 shall be a representative of a recognized professional association or organization representing homebuilders or land developers; (viii) 1 shall be a representative of a recognized professional association or organization representing the real estate industry; and (ix) 1 of whom shall be a representative of a recognized consumer protection group. (2) Qualifications (A) In general Each member of the Council shall have experience with— (i) contacting policyholders under the national flood insurance program, including with respect to applying for flood insurance and processing a claim for damage to or loss of property that is covered by flood insurance; and (ii) riverine and coastal flood insurance policies. (B) Considerations The Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of governmental and private members, and includes geographic diversity. (C) Conflicts of interest A member of the Council— (i) may not, while serving on the Council, be employed or retained— (I) by a Federal Emergency Management Agency contractor or consultant; or (II) by a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (ii) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. (3) Consultation In appointing a member of the Council from an entity described in clauses (i) through (viii) of paragraph (1)(B), the Administrator or the designee of the Administrator, as applicable, shall consult with the entity. (4) Chairperson The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the Chairperson ). (c) Duties The Council shall— (1) provide recommendations to the Administrator on— (A) improving the customer experience for policyholders under the national flood insurance program; (B) training insurance agents that issue flood insurance policies; and (C) improving the processing and handling of claims for damage to or loss of property that is covered by flood insurance; and (2) submit to the Administrator an annual report that includes— (A) a description of the activities of the Council; and (B) a summary of recommendations made by the Council to the Administrator. (d) Compensation (1) In general Except as provided in paragraph (2), a member of the Council shall receive no additional compensation for serving on the Council. (2) Travel expenses Each member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (e) Meetings and actions (1) Meetings (A) In general The Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of the members of the Council. (B) Initial meeting The Administrator, or a designee of the Administrator, shall request and coordinate the initial meeting of the Council. (2) Action by majority vote The Council may take action by a vote of the majority of the members. (f) Officers The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (g) Staff Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency to assist the Council in carrying out the duties of the Council. (h) Powers In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research as the Council considers appropriate. (i) Report to Congress and OMB The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Director of the Office of Management and Budget an annual report on— (1) the recommendations made by the Council; and (2) any recommendations made by the Council during the year covered by the report that, as of the date on which the report is submitted, have been deferred or not acted upon, together with an explanatory statement with respect to those recommendations. (j) Applicability of the Federal Advisory Committee Act Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. . 416. Disclosure of flood risk information prior to transfer of property (a) In general Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ), as amended by section 207, is amended by adding at the end the following: 1328. Disclosure of flood risk information prior to transfer of property (a) In general After September 30, 2022, no new flood insurance coverage may be provided under this title for any real property unless an appropriate public body has imposed, by statute or regulation, a duty on any seller or lessor of improved real estate to provide to any purchaser or lessee (with respect to a lease for a term that is not shorter than 30 days) of the property a property flood hazard disclosure that the Administrator has determined meets the requirements of subsection (b). (b) Disclosure requirements (1) Requirements for sellers A property flood hazard disclosure for the sale of a property shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the seller of any— (i) prior physical damage caused by flood to a structure located on the property; (ii) prior insurance claim for a loss covered under the national flood insurance program or private flood insurance with respect to the property; (iii) previous notification regarding the designation of the property as a repetitive loss structure or severe repetitive loss structure (as defined in section 1366(h)); and (iv) Federal legal obligation to obtain and maintain flood insurance running with the property; (C) discloses to the maximum extent feasible, in a manner to be determined by the Administrator— (i) the relative flood risk associated with the property as indicated in flood hazard data maintained by the Administrator under this title; and (ii) the availability of and approximate cost of flood insurance for the property; and (D) is delivered by, or on behalf of, the seller to the purchaser before the purchaser becomes obligated under any contract to purchase the property. (2) Requirements for lessors A property flood hazard disclosure for a rental property with a lease for a term that is not shorter than 30 days shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the lessor— (i) of any Federal legal obligation to obtain and maintain flood insurance running with the property; (ii) regarding any prior physical damage caused by flood with respect to the unit being leased; and (iii) of the availability of coverage under this title for contents located in a structure on the property; and (C) is delivered by, or on behalf of, the lessor to the lessee before the lessee becomes obligated under any contract to lease the property. (3) Rule of construction Nothing in this section may be construed as preventing a State from adopting disclosure requirements in addition to the requirements of this section. . (b) Availability of flood insurance coverage Section 1305(c) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4012(c) ) is amended— (1) in paragraph (1), by striking , and at the end and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) given satisfactory assurance that, not later than October 1, 2024, property flood hazard disclosure requirements will have been adopted for the area (or subdivision) that meet the requirements of section 1328. . | https://www.govinfo.gov/content/pkg/BILLS-117s3128is/xml/BILLS-117s3128is.xml |
117-s-3129 | II 117th CONGRESS 1st Session S. 3129 IN THE SENATE OF THE UNITED STATES November 2, 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 amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.
1. Short title This Act may be cited as the M.H. Dutch Salmon Greater Gila Wild and Scenic River Act . 2. Designation of wild and scenic rivers (a) Findings Congress finds that— (1) the Greater Gila River watershed and other rivers in the Gila National Forest are cherished by the people of the State of New Mexico and visitors from across the United States for their clean water, outstanding fish and wildlife habitat, low-cost recreational opportunities for local communities, and cultural sites; (2) the Greater Gila River watershed supports many important economic activities in the region, including farming, ranching, hunting, fishing, camping, backpacking, hiking, wildlife viewing, horseback riding, and floating; (3) portions of the Greater Gila River watershed and other rivers in the Gila National Forest— (A) are a national treasure deserving of inclusion in the National Wild and Scenic Rivers System; (B) possess numerous outstandingly remarkable values; and (C) contain segments that merit the high level of protection provided by the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) to maintain the benefits provided by the Greater Gila River watershed and other rivers in the Gila National Forest for future generations of people in the State of New Mexico to enjoy; and (4) wild and scenic river designations— (A) recognize the importance of maintaining the values of the segments; (B) are compatible with traditional values and cultural uses important to rural communities; (C) provide multiple benefits to the local community and beyond, including by— (i) focusing management on river and river-related resources and values, including supporting voluntary management on adjacent non-Federal land; (ii) protecting rivers in a manner complementary to the Wilderness Act ( 16 U.S.C. 1131 et seq. ), as contemplated under section 10(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(b) ); (iii) preserving and enhancing public access, including for the legal use of off-highway vehicles, while not opening private land to public access; (iv) preserving and enhancing the protection of cultural artifacts and Tribal sacred and ceremonial sites; (v) preserving and enhancing recreational opportunities; (vi) encouraging and enhancing traditional uses, such as hunting and fishing; (vii) better informing the public about areas in the region with exceptional characteristics and opportunities for unique experiences; (viii) promoting the outdoor recreation economy; and (ix) protecting and enhancing economic activity through protecting natural flows through designated segments; (D) do not abrogate existing rights, privileges, or contracts, including— (i) private property rights or restrict development or use on private land; (ii) existing water rights, interstate water compacts, or existing irrigation systems and other water development or distribution facilities, including the ability to maintain the systems and facilities; (iii) grazing operations; or (iv) access for the public to public land within a designated river corridor; and (E) do not open private land to public access. (b) Purpose The purpose of this section is to protect for current and future generations of people in the United States the outstandingly remarkable scenic, natural, cultural, wildlife, fish, recreational, scientific, historic, cultural, ecological, and other values of certain segments of the Greater Gila River watershed and other rivers in the Gila National Forest. (c) Definitions In this section: (1) Covered segment The term covered segment means a river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (d)). (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (3) State The term State means the State of New Mexico. (d) Designation of segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) Gila River System, New Mexico The following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 2(c) of the M.H. Dutch Salmon Greater Gila Wild and Scenic River Act ) in the following classifications: (A) Apache creek The approximately 10.5-mile segment, as generally depicted on the map entitled Apache Creek and dated April 30, 2020, as a wild river. (B) Black canyon creek (i) The 11.8-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a wild river. (ii) The 0.6-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a recreational river. (iii) The 1.9-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a recreational river. (iv) The 11-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a wild river. (C) Diamond creek (i) The approximately 13.3-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a wild river. (ii) The approximately 4.7-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a wild river. (iii) The approximately 3.1-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a recreational river. (iv) The approximately 1.6-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a recreational river. (v) The approximately 4.1-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a wild river. (D) South diamond creek The approximately 16.1-mile segment, as generally depicted on the map entitled ‘South Diamond Creek’ and dated March 27, 2020, as a wild river. (E) Gila river (i) The approximately 34.9-mile segment, as generally depicted on the map entitled Gila River and dated April 30, 2020, as a wild river. (ii) The approximately 2.5-mile segment, as generally depicted on the map entitled ‘Gila River’ and dated April 30, 2020, as a recreational river. (iii) The approximately 3-mile segment, as generally depicted on the map entitled Gila River and dated April 30, 2020, as a wild river. (F) Gila river, east fork The approximately 10.3-mile segment, as generally depicted on the map entitled East Fork Gila River and dated April 30, 2020, as a wild river. (G) Gila river, gila lower box (i) The approximately 3.1-mile segment, as generally depicted on the map entitled Gila River, Gila Lower Box and dated April 21, 2020, as a recreational river. (ii) The approximately 6.1-mile segment, as generally depicted on the map entitled Gila River, Gila Lower Box and dated April 21, 2020, as a wild river. (H) Gila river, gila middle box (i) The approximately 0.6-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (ii) The approximately 0.4-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box ’ and dated April 30, 2020, as a recreational river. (iii) The approximately 0.3-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (iv) The approximately 0.3-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (v) The approximately 1.6-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (vi) The approximately 9.8-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a wild river. (I) Gila river, middle fork (i) The approximately 1.2-mile segment, as generally depicted on the map entitled Middle Fork Gila River and dated May 1, 2020, as a recreational river. (ii) The approximately 35.5-mile segment, as generally depicted on the map entitled Middle Fork Gila River and dated May 1, 2020, as a wild river. (J) Gila river, west fork (i) The approximately 30.6-mile segment, as generally depicted on the map entitled West Fork Gila River and dated May 1, 2020, as a wild river. (ii) The approximately 4-mile segment, as generally depicted on the map entitled West Fork Gila River and dated May 1, 2020, as a recreational river. (K) Gilita creek The approximately 6.4-mile segment, as generally depicted on the map entitled Gilita Creek and dated March 4, 2020, as a wild river. (L) Holden prong The approximately 7.3-mile segment, as generally depicted on the map entitled Holden Prong and dated March 27, 2020, as a wild river. (M) Indian creek (i) The approximately 5-mile segment, as generally depicted on the map entitled Indian Creek and dated March 27, 2020, as a recreational river. (ii) The approximately 9.5-mile segment, as generally depicted on the map entitled Indian Creek and dated March 27, 2020, as a wild river. (N) Iron creek The approximately 13.2-mile segment, as generally depicted on the map entitled Iron Creek and dated March 4, 2020, as a wild river. (O) Las animas creek (i) The approximately 5.3-mile segment, as generally depicted on the map entitled Las Animas Creek and dated March 27, 2020, as a wild river. (ii) The approximately 2.3-mile segment, as generally depicted on the map entitled Las Animas Creek and dated March 27, 2020, as a scenic river. (P) Little creek (i) The approximately 0.3-mile segment, as generally depicted on the map entitled Little Creek and dated May 1, 2020, as a recreational river. (ii) The approximately 18.3-mile segment, as generally depicted on the map entitled Little Creek and dated May 1, 2020, as a wild river. (Q) Mcknight canyon The approximately 10.3-mile segment, as generally depicted on the map entitled McKnight Canyon and dated March 4, 2020, as a wild river. (R) Mineral creek (i) The approximately 8.3-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a wild river. (ii) The approximately 0.5-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (iii) The approximately 0.5-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (iv) The approximately 0.1-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (v) The approximately 0.03-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (vi) The approximately 0.02-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (vii) The approximately 0.6-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (viii) The approximately 0.1-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (ix) The approximately 0.03-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (x) The approximately 0.7-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (S) Mogollon creek The approximately 15.8-mile segment, as generally depicted on the map entitled Mogollon Creek and dated April 2, 2020, as a wild river. (T) West fork mogollon creek The approximately 8.5-mile segment, as generally depicted on the map entitled West Fork Mogollon Creek and dated March 4, 2020, as a wild river. (U) Mule creek The approximately 4.3-mile segment, as generally depicted on the map entitled Mule Creek and dated March 4, 2020, as a wild river. (V) San francisco river, devil’s creek (i) The approximately 1.8-mile segment, as generally depicted on the map entitled M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft and dated October 29, 2021, as a scenic river. (ii) The approximately 6.4-mile segment, as generally depicted on the map entitled M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft and dated October 29, 2021, as a scenic river. (iii) The approximately 6.1-mile segment, as generally depicted on the map entitled M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft and dated October 29, 2021, as a scenic river. (iv) The approximately 1.2-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river. (v) The approximately 5.9-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river. (W) San francisco river, lower san francisco river canyon (i) The approximately 1.8-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a wild river. (ii) The approximately 0.6-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a recreational river. (iii) The approximately 14.6-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a wild river. (X) San francisco river, upper frisco box The approximately 6-mile segment, as generally depicted on the map entitled San Francisco River, Upper Frisco Box and dated March 4, 2020, as a wild river. (Y) Sapillo creek The approximately 7.2-mile segment, as generally depicted on the map entitled Sapillo Creek and dated March 27, 2020, as a wild river. (Z) Spruce creek The approximately 3.7-mile segment, as generally depicted on the map entitled Spruce Creek and dated March 4, 2020, as a wild river. (AA) Taylor creek (i) The approximately 0.4-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a scenic river. (ii) The approximately 6.1-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a wild river. (iii) The approximately 6.7-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a wild river. (BB) Turkey creek The approximately 17.1-mile segment, as generally depicted on the map entitled Turkey Creek and dated April 30, 2020, as a wild river. (CC) Whitewater creek (i) The approximately 13.5-mile segment, as generally depicted on the map entitled Whitewater Creek and dated March 27, 2020, as a wild river. (ii) The approximately 1.1-mile segment, as generally depicted on the map entitled Whitewater Creek and dated March 27, 2020, as a recreational river. (DD) Willow creek (i) The approximately 3-mile segment, as generally depicted on the map entitled Willow Creek and dated April 30, 2020, as a recreational river. (ii) The approximately 2.9-mile segment, as generally depicted on the map entitled Willow Creek and dated April 30, 2020, as a recreational river. . (e) Withdrawal Subject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Maps; legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare maps and legal descriptions of the covered segments. (2) Force of law The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary concerned may correct minor errors in the maps and legal descriptions. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, and the National Park Service. (g) Comprehensive river management plan The Secretary concerned shall prepare the comprehensive management plan for the covered segments pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ) after consulting with Tribal governments, applicable political subdivisions of the State, and interested members of the public. (h) Incorporation of acquired land and interests in land If the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment. (i) Effect of section (1) Effect on rights In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) ), nothing in this section or an amendment made by this section abrogates any existing rights of, privilege of, or contract held by any person, including any right, privilege, or contract that affects Federal land or private land, without the consent of the person, including— (A) grazing permits or leases; (B) existing water rights, including the jurisdiction of the State in administering water rights; (C) existing points of diversion, including appropriate maintenance, repair, or replacement; (D) existing water distribution infrastructure, including appropriate maintenance, repair, or replacement; and (E) valid existing rights for mining and mineral leases. (2) Condemnation No land or interest in land shall be acquired under this section or an amendment made by this section without the consent of the owner. (3) Relationship to other law Nothing in this section amends or otherwise affects the Arizona Water Settlements Act ( Public Law 108–451 ; 118 Stat. 3478). (4) Species recovery (A) In general Notwithstanding section 7 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278 ) and subject to subparagraphs (B) and (C), the Secretary concerned may authorize the construction, maintenance, or replacement of 1 or more fish barriers or other projects with respect to a covered segment if the Secretary concerned determines that the fish barrier or other project— (i) is necessary for the recovery of a species that is— (I) listed as endangered or threatened under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (II) identified as an outstandingly remarkable value of the covered segment in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); and (ii) is included in the applicable species recovery plan prepared under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). (B) Review required A project authorized under subparagraph (A) shall be reviewed in accordance with section 7 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278 ), but a finding that the project does not meet the applicable evaluation standard under that section shall not, of itself, preclude the project from being carried out. (C) Impacts minimized For any project authorized under subparagraph (A), the Secretary concerned shall ensure that any impacts to the free-flowing characteristics of the river and other outstandingly remarkable river and scenic values are minimized to the maximum extent the Secretary concerned determines to be practicable, consistent with the natural appearance and accessibility of the covered segment as in existence on the date of enactment of this Act. (D) Assistance Nothing in this paragraph prohibits a Federal agency from assisting with a loan, grant, or permit, or providing any other form of assistance, for a project authorized under subparagraph (A). (5) State land jurisdiction Nothing in this section or an amendment made by this section affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish. (6) Fish and wildlife Nothing in this section or an amendment made by this section affects the jurisdiction of the State with respect to fish and wildlife in the State. (7) Treaty rights Nothing in this section or an amendment made by this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty. 3. Modification of boundaries of Gila Cliff Dwellings National Monument and Gila National Forest (a) Transfer of administrative jurisdiction (1) In general Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (2) Description of land The land referred to in paragraph (1) is the approximately 440 acres of land identified as Transfer from USDA Forest Service to National Park Service on the map entitled Gila Cliff Dwellings National Monument Proposed Boundary Adjustment and dated March 2020. (b) Boundary modifications (1) Gila Cliff Dwellings National Monument (A) In general The boundary of the Gila Cliff Dwellings National Monument is revised to incorporate the land transferred to the Secretary of the Interior under subsection (a)(1). (B) Map (i) In general The Secretary of the Interior shall prepare and keep on file for public inspection in the appropriate office of the National Park Service a map and a legal description of the revised boundary of the Gila Cliff Dwellings National Monument. (ii) Effect The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct minor errors in the map and legal description. (2) Gila National Forest (A) In general The boundary of the Gila National Forest is modified to exclude the land transferred to the Secretary of the Interior under subsection (a)(1). (B) Map (i) In general The Secretary of Agriculture shall prepare and keep on file for public inspection in the appropriate office of the Forest Service a map and a legal description of the revised boundary of the Gila National Forest. (ii) Effect The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct minor errors in the map and legal description. | https://www.govinfo.gov/content/pkg/BILLS-117s3129is/xml/BILLS-117s3129is.xml |
117-s-3130 | II 117th CONGRESS 1st Session S. 3130 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Rubio (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To expand the transactions for which declarations may be required by the Committee on Foreign Investment in the United States to include investments in United States businesses that maintain or collect sensitive personal data.
1. Short title This Act may be cited as the Protecting Sensitive Personal Data Act of 2021 . 2. Expansion of declarations required by the Committee on Foreign Investment in the United States Section 721(b)(1)(C)(v)(IV)(cc) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended by striking subsection (a)(4)(B)(iii)(II) and inserting subclause (II) or (III) of subsection (a)(4)(B)(iii) . | https://www.govinfo.gov/content/pkg/BILLS-117s3130is/xml/BILLS-117s3130is.xml |
117-s-3131 | II 117th CONGRESS 1st Session S. 3131 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To accelerate deployment by Taiwan of the asymmetric defense capabilities required to deter or, if necessary, defeat an invasion of Taiwan by the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Arm Taiwan Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The Department of Defense has warned that the Government of the People’s Republic of China may conclude that it can successfully invade and seize control of Taiwan in the latter half of the 2020s. (2) In October 2021, the Minister of National Defense of Taiwan, Chiu Kuo-cheng, echoed these warnings when he stated that the People’s Republic of China— (A) is capable now of invading Taiwan; and (B) will have lowered the costs and losses associated with invading Taiwan to a minimum after 2025. (3) If the People’s Republic of China were to invade and seize control of Taiwan, it would deal a severe blow to United States interests by— (A) destroying one of the world’s leading democracies; (B) casting doubt on the ability and resolve of the United States to uphold its security commitments; (C) incentivizing other countries in the Indo-Pacific region to bandwagon with the People’s Republic of China; and (D) facilitating the formation of a regional order dominated by the People's Republic of China in which the Government of the People's Republic of China may— (i) regulate or otherwise limit the ability of individuals in the United States to trade in the Indo-Pacific region, which would have dire effects on the livelihoods and freedoms of such individuals; and (ii) use the Indo-Pacific region as a secure base from which to project military power into other regions, including the Western Hemisphere. (4) Taiwan's proximity to the People’s Republic of China, coupled with investments by the People’s Republic of China in capabilities designed to delay intervention by the United States Armed Forces in support of Taiwan, means that Taiwan may be forced to delay, degrade, and deny an invasion by the People’s Republic of China with limited support from the United States Armed Forces for the initial days, weeks, or months of such an invasion. (5) If Taiwan is unable to delay, degrade, and deny an invasion by the People’s Republic of China with limited support from the United States Armed Forces, especially in the initial period of war, then the People’s Republic of China may conclude that it is, or may actually be, capable of— (A) invading and seizing control of Taiwan before the United States or any other partner country of Taiwan is able to respond effectively, thereby achieving a fait accompli; and (B) potentially rendering any attempt by the United States or any other partner country of Taiwan to reverse territorial gains by the People’s Republic of China prohibitively difficult, costly, or both. (6) To defend itself effectively, especially in the initial period of war, it is imperative that Taiwan accelerate deployment of cost-effective and resilient asymmetric defense capabilities, including mobile coastal and air defenses, naval mines, missile boats, man-portable anti-armor weapons, civil defense forces, and their enablers. (7) The deployment of such asymmetric defense capabilities by Taiwan would not only improve the ability of Taiwan to defend itself, but also reduce operational risk to members of the United States Armed Forces under a Taiwan contingency. (8) The President of Taiwan, Tsai Ing-Wen, has— (A) vowed to bolster the national defense of Taiwan and demonstrate Taiwan's determination to defend itself so as to ensure that Taiwan will not be forced to take the path that the People's Republic of China has laid out for Taiwan; and (B) advocated the deployment of asymmetric defense capabilities. (9) The Government of Taiwan has begun taking steps to improve Taiwan's defenses, including by increasing Taiwan's defense budget and through Taiwan's new proposed special defense budget, but far more is needed, and quickly, to ensure that Taiwan is able to maintain a sufficient self-defense capability. (b) Sense of Congress It is the sense of Congress that— (1) the threat of an invasion of Taiwan by the People’s Republic of China is increasing rapidly and expected to reach especially dangerous levels by the latter half of the 2020s; (2) the United States has a strong interest in preventing the People’s Republic of China from invading and seizing control of Taiwan, especially by ensuring that Taiwan is able to maintain a sufficient self-defense capability; (3) the United States should establish a security assistance initiative so as to accelerate, to the greatest extent possible, Taiwan’s deployment of cost-effective and resilient asymmetric defense capabilities; (4) the United States should provide such assistance on the condition that Taiwan— (A) matches investments by the United States in its asymmetric defense capabilities; (B) increases its defense spending to a level commensurate with the threat it faces; (C) prioritizes acquiring cost-effective and resilient asymmetric defense capabilities as rapidly as possible, including from foreign suppliers, if necessary; and (D) demonstrates progress on defense reforms required to maximize the effectiveness of its asymmetric defenses, with special regard to Taiwan’s reserve forces; and (5) in the course of executing such a security assistance initiative, the United States should— (A) seek to co-produce or co-develop cost-effective and resilient asymmetric defense capabilities with suppliers in Taiwan, including by providing incentives to that effect, so long as those suppliers can produce such capabilities at a reasonable cost, in the quantities required, as rapidly, and to the same quality and technical standards as suppliers in the United States or other countries; and (B) encourage other countries, particularly United States allies and partners, to sell, lease, or otherwise provide appropriate asymmetric defense capabilities to Taiwan so as to facilitate Taiwan’s rapid deployment of the asymmetric defense capabilities required to deter or, if necessary, defeat an invasion by the People’s Republic of China. 3. Taiwan Security Assistance Initiative (a) In general The Secretary of Defense shall establish an initiative, to be known as the Taiwan Security Assistance Initiative (referred to in this Act as the Initiative ), to accelerate Taiwan's deployment of asymmetric defense capabilities required to deter or, if necessary, defeat an invasion by the People’s Republic of China. (b) Authorization of appropriations There is authorized to be appropriated $3,000,000,000 for the Department of Defense for each of fiscal years 2023 through 2027 to provide assistance to the Government of Taiwan under this section. (c) Authority To provide assistance (1) In general The Secretary of Defense, in coordination with the Secretary of State, shall use the funds authorized to be appropriated under subsection (b) to provide assistance to the Government of Taiwan for the purpose described in subsection (d). (d) Purpose The purpose of the Initiative is to provide assistance, including equipment, training, and other support, to the Government of Taiwan so as to accelerate Taiwan’s deployment of asymmetric defense capabilities required to achieve, with limited support from the United States Armed Forces for the initial days, weeks, or months after the initiation of an invasion by the People’s Republic of China of Taiwan, the following objectives: (1) To delay, degrade, and deny attempts by People’s Liberation Army forces to enter or transit the Taiwan Strait and adjoining seas. (2) To delay, degrade, and deny attempts by People’s Liberation Army forces to secure a lodgment on Taiwan and expand or otherwise use that lodgment to seize control of a population center or other key territory in Taiwan. (3) To prevent the People’s Republic of China from decapitating, seizing control of, or otherwise neutralizing or rendering ineffective the Government of Taiwan. (e) Asymmetric defense capabilities In this section, the term asymmetric defense capabilities includes, in such quantities as the Secretary of Defense determines to be necessary to achieve the purpose specified in subsection (d), the following: (1) Mobile, ground-based coastal defense cruise missiles and launchers. (2) Mobile, ground-based short-range and medium-range air defense systems. (3) Smart, self-propelled naval mines and coastal minelaying platforms. (4) Missile boats and fast-attack craft equipped with anti-ship and anti-landing craft missiles. (5) Unmanned aerial and other mobile, resilient surveillance systems to support coastal and air defense operations. (6) Equipment to support target location, tracking, identification, and targeting, especially at the local level, in communications degraded or denied environments. (7) Man-portable anti-armor weapons, mortars, and small arms for ground combat operations. (8) Equipment and technical assistance for the purpose of developing civil defense forces, composed of civilian volunteers and militia. (9) Training and equipment, including appropriate war reserves, required for Taiwan forces to independently maintain, sustain, and employ capabilities described in paragraphs (1) through (8). (10) Concept development for coastal defense, air defense, decentralized command and control, civil defense, logistics, planning, and other critical military functions, with an emphasis on operations in a communications degraded or denied environment. (11) Any other capability the Secretary of Defense considers appropriate for the purpose described in subsection (d). (f) Availability of funds (1) Plan Not later than December 1, 2022, and annually thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for using funds authorized to be appropriated under subsection (b) for the purpose specified in subsection (d). (2) Initial certification Amounts authorized to be appropriated under subsection (b) for fiscal year 2023 may not be obligated or expended until the date on which the Secretary of Defense, in coordination with the Secretary of State, certifies that the Government of Taiwan has committed— (A) to spending an equivalent amount on asymmetric defense capabilities in fiscal year 2023; (B) to spending not less than three percent of Taiwan’s national gross domestic product on defense on an annual basis by the end of fiscal year 2027, including expenditures under the normal defense budget and any supplemental or special defense budgets of Taiwan; (C) to acquiring asymmetric defense capabilities as rapidly as possible, including from suppliers in the United States or other countries, if the Secretary of Defense determines that such suppliers will be able to provide such capabilities at a reasonable cost, in sufficient quantities, of sufficient quality and technical standards, and more rapidly than suppliers in Taiwan; and (D) to undertaking the defense reforms required to maximize the effectiveness of an asymmetric defense against an invasion by the People’s Republic of China, including by improving organization, mobilization, and training of the reserve forces and other military personnel of Taiwan. (3) Subsequent certifications Amounts authorized to be appropriated under subsection (b) for each of fiscal years 2024, 2025, 2026, and 2027 may not be obligated or expended until the date on which the Secretary of Defense, in coordination with the Secretary of State, certifies that the Government of Taiwan has committed— (A) to spending an equivalent amount on asymmetric defense capabilities in the applicable fiscal year and upheld its commitment to spend an equivalent amount as the United States in the preceding fiscal year on asymmetric defense capabilities to be deployed by Taiwan; (B) to spending not less than three percent of Taiwan’s national gross domestic product on defense on an annual basis by the end of fiscal year 2027, including expenditures under the normal defense budget and any supplemental or special defense budgets of Taiwan, and demonstrated progress toward that spending target in the preceding fiscal year; (C) to acquiring asymmetric defense capabilities as rapidly as possible, including from suppliers in the United States or other countries, if the Secretary of Defense determines that such suppliers will be able to provide such capabilities at reasonable cost, in sufficient quantities, of sufficient quality and technical standards, and more rapidly than suppliers in Taiwan, and upheld its commitment to acquire asymmetric defense capabilities as rapidly as possible in the preceding fiscal year; and (D) to undertaking the defense reforms required to maximize the effectiveness of an asymmetric defense against an invasion by the People’s Republic of China, including by improving the organization, mobilization, and training of the reserve forces and other military personnel of Taiwan, and demonstrated progress on such reforms in the preceding fiscal year. (4) Notification to Congress Not later than 30 days after making a certification under paragraph (2) or (3), the Secretary of Defense shall submit to the appropriate committees of Congress a notice and explanation of such certification. (5) Remaining funds (A) In general Subject to subparagraph (B), amounts appropriated for a fiscal year pursuant to the authorization of appropriations under subsection (b) that are not obligated and expended during that fiscal year shall be added to the amount that may be used for the Initiative in the subsequent fiscal year. (B) Rescission Amounts appropriated pursuant to the authorization of appropriation under subsection (b) that remain unobligated by the end of fiscal year 2027 shall be rescinded and deposited into the general fund of the Treasury. (g) Defense articles and services from United States inventory and other sources (1) In general In addition to assistance provided pursuant to subsection (c), the Secretary of Defense, in coordination with the Secretary of State, may make available to the Government of Taiwan, in such quantities as the Secretary of Defense considers appropriate for the purpose described in subsection (d), the following: (A) Weapons and other defense articles from the United States inventory and other sources. (B) Excess defense articles from the United States inventory. (C) Defense services. (2) Replacement Amounts for the replacement of any item provided to the Government of Taiwan under paragraph (1)(A) may be made available from the amount authorized to be appropriated under subsection (b). (h) Termination of authority Assistance may not be provided under this section after September 30, 2027. 4. Limitation on conventional arms sales (a) Sense of Congress It is the sense of Congress that— (1) historically, the Government of Taiwan has prioritized the acquisition of conventional weapons that would be of limited utility in deterring or defeating an invasion by the People’s Republic of China at the expense of the timely acquisition of cost-effective and resilient asymmetric defense capabilities; (2) the United States Government has often shared responsibility for the misguided prioritization of defense acquisitions described in paragraph (1) by approving sales of conventional weapons to Taiwan, despite knowledge that such sales would do little to enhance, and may even undermine, the ability of Taiwan to deter or defeat an invasion by the People’s Republic of China; (3) the misguided prioritization of defense acquisitions described in paragraph (1) has not only undermined the ability of Taiwan to deter or defeat an invasion by the People’s Republic of China, but has also placed at greater risk of death or injury members of the United States Armed Forces who may come under attack or be asked to come to the aid of Taiwan to repel such an invasion; and (4) any future sales, leases, or other provision of conventional weaponry to Taiwan by the United States should be conditioned on meaningful progress by the Government of Taiwan on the acquisition of appropriate asymmetric defense capabilities. (b) Statement of policy For each of fiscal years 2023 through 2027, the United States Government shall not sell, lease, or otherwise provide military capabilities to Taiwan other than asymmetric defense capabilities described in subsection (e) of section 3 until the earlier of— (1) the date on which the Secretary of Defense has submitted a notification under subsection (f)(4) of that section for the fiscal year in which the Government of Taiwan has requested the sale, lease, or other provision of military capabilities other than such asymmetric defense capabilities; or (2) the date on which the Secretary of Defense certifies to the appropriate committees of Congress that the sale, lease, or other provision to Taiwan of military capabilities other than such asymmetric defense capabilities— (A) is necessary to enhance the ability of Taiwan to deter or, if necessary, defeat an invasion by the People’s Republic of China; or (B) will not slow, delay, limit, or otherwise detract from or undermine the ability of Taiwan to deploy such asymmetric defense capabilities. 5. Definition of appropriate committees of Congress In this Act, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3131is/xml/BILLS-117s3131is.xml |
117-s-3132 | II 117th CONGRESS 1st Session S. 3132 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Blumenthal (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Outpatient Surgery Quality and Access Act of 2021 . 2. Aligning updates for ambulatory surgical center services with updates for OPD services Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D) ) is amended— (1) in clause (v)— (A) in the first sentence, by inserting before the period the following: and, in the case of 2022 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year ; and (B) by moving the margin 6 ems to the left; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following new clause: (vi) In implementing the system described in clause (i) for 2022 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v). . 3. Transparency of quality reporting and Medicare beneficiary information Paragraph (7) of section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) ) is amended by adding at the end the following new subparagraphs: (C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data on such centers and departments available on the website Medicare.gov in a manner that will permit side-by-side comparisons on such measures for ambulatory surgical centers and hospital outpatient departments in the same geographic area. (D) The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C) prior to such data being made public. (E) The Secretary shall develop materials and inform beneficiaries under this title of publicly available comparisons provided for in subparagraph (C). . 4. Advisory Panel on Hospital Outpatient Payment Representation (a) ASC representative The second sentence of section 1833(t)(9)(A) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(A) ) is amended by inserting and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative) after an appropriate selection of representatives of providers . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 5. Reasons for excluding additional procedures from ASC approved list (a) In general Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) ) is amended by adding at the end the following: In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, the Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 of title 42, Code of Federal Regulations, based on which the procedure was excluded. If paragraph (b) of such section is cited for exclusion of a procedure, the Secretary shall identify the peer reviewed research or the evidence upon which such determination is based. . (b) Effective date The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act. 6. Limitation on ambulatory surgery center copayment for a procedure to the hospital deductible amount Section 1833(a)(1)(G) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(G) ) is amended by inserting the following before the comma at the end: , except that in no case shall the copayment amount for such services furnished in a year exceed the amount of the inpatient hospital deductible established under section 1813(b) for the year (and, notwithstanding any other provision of this section, the amount of payment for such services shall be increased by the amount of any reduction in the copayment amount for such services pursuant to this subparagraph) . 7. Alignment of budget neutrality adjustment for outpatient surgical procedures (a) Prohibiting unauthorized agency action Section 1833(i)(2)(D)(ii) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D)(ii) ) is amended by adding at the end the following: The preceding sentence shall only apply to the first year the system described in clause (i) was implemented and shall not apply to any year after 2022. . (b) Combining volume for budget neutrality calculation Section 1833(t)(9)(B) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(B) ) is amended by inserting taking into account the volume of procedures paid under this subsection combined with the volume of procedures paid under subsection (i), after subparagraph (A), . (c) Effective Date The amendments made by subsections (a) and (b) shall apply in years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3132is/xml/BILLS-117s3132is.xml |
117-s-3133 | II 117th CONGRESS 1st Session S. 3133 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Schatz (for himself, Mr. Casey , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 7 of title 13, United States Code, to prohibit certain deceptive practices in relation to a census, and for other purposes.
1. Short title This Act may be cited as the Honest Census Communications Act . 2. Prohibition on deceptive practices relating to census (a) In general Chapter 7 of title 13, United States Code, is amended by adding at the end the following: IV Deceptive Practices 251. Prohibition on deceptive practices (a) Definitions In this section— (1) the term census means any census under this title, including the decennial census of population; (2) the term census-related information means any information regarding— (A) the time, place, or manner of holding any census; or (B) the qualifications for, or restrictions on, participation in any census; and (3) the term covered communication means any— (A) written communication; (B) electronic or digital communication, including a communication through a website, application, online forum, social media platform, streaming service, or other means of communications using the internet or a similar communications network; or (C) telephonic communication, including any phone call, text message, or other communication sent, received, or transmitted using a wireless or wireline phone or a cellular or other phone network. (b) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to communicate or cause to be communicated any census-related information by any means, including by means of any covered communication, or to produce any census-related information with the intent that the census-related information be communicated— (1) knowing the census-related information to be materially false; and (2) with the intent to impede or prevent another person from participating in any census. (c) Criminal penalties Any individual who violates subsection (b) shall be fined in the amount equal to the maximum penalty provided under subsection (d), imprisoned for not more than 5 years, or both. (d) Civil penalties A civil penalty of not more than $11,181 may be assessed against any individual who violates subsection (b). . (b) Clerical amendment The table of sections for chapter 7 of title 13, United States Code, is amended by adding at the end the following: Subchapter IV—Deceptive Practices 251. Prohibition on deceptive practices. . | https://www.govinfo.gov/content/pkg/BILLS-117s3133is/xml/BILLS-117s3133is.xml |
117-s-3134 | II 117th CONGRESS 1st Session S. 3134 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Tillis (for himself, Mr. Boozman , Mr. Cornyn , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To maintain 2021 H–2A adverse effect wage rates for calendar year 2022 to stabilize United States food prices.
1. Short title This Act may be cited as the Keep Food Local and Affordable Act of 2021 . 2. Stay of adverse effect wage rate increases (a) Prohibition of modification The adverse effect wage rate required to be paid under section 655.1308 of title 20, Code of Federal Regulations, to nonimmigrants admitted under 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ), as in effect on October 1, 2021, shall remain the adverse effect wage rate for such employees through December 31, 2022, in any State— (1) that had an unemployment rate of not more than 5 percent, according to the Bureau of Labor Statistics’ August 2021 report; or (2) (A) in which the Food Price Index, according to the relevant Bureau of Labor Statistics’ Consumer Price Index reports, increased by more than 3 percent between December 2020 and September 2021; and (B) whose governor submits a request to the Secretary of Labor not later than December 15, 2021, to freeze such adverse effect wage rate with respect to such employees. | https://www.govinfo.gov/content/pkg/BILLS-117s3134is/xml/BILLS-117s3134is.xml |
117-s-3135 | II 117th CONGRESS 1st Session S. 3135 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Cornyn (for himself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To ensure the maintenance of critical supply lines within the defense industrial base.
1. Maintenance of critical supply lines (a) Addition of certain items to list of high-Priority goods and services for analyses, recommendations, and actions related to sourcing and industrial capacity Section 849(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by adding at the end the following new paragraph: (14) Unmanned aerial systems. . (b) Designation of critical technology areas Section 217(b)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subparagraph (A), by striking ; and and inserting a semicolon; (2) in subparagraph (B), by striking the semicolon and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) a strategy to support domestic manufacturing and industrial base capabilities to support future defense requirements; . (c) Comptroller General report on Assistant Secretary of Defense for Industrial Base Policy (1) Briefing and report Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Comptroller General's preliminary findings related to the topics set forth in paragraph (2). The Comptroller General shall submit to such committees a report with a final description and assessment of such topics at an agreed upon date. (2) Topics covered The topics referred to under paragraph (1) are as follows: (A) The strategy, effectiveness, and responsibilities of the Assistant Secretary of Defense for Industrial Base Policy. (B) The efforts of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment to assess the manufacturing and procurement of critical materials, including describing the offices and individuals that are responsible for identifying critical materials supply chain shortfalls, how such shortfalls are identified, and any variation in methods used across the Department of Defense. (C) The efforts of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment to implement procedures to protect supply chains for critical programs and technologies and disseminate that information to other appropriate Federal agencies and organizations. (D) Such other matters as the Comptroller General determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s3135is/xml/BILLS-117s3135is.xml |
117-s-3136 | II 117th CONGRESS 1st Session S. 3136 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit contributions and donations by foreign nationals in connection with State or local ballot initiatives or referenda.
1. Short title This Act may be cited as the Stop Foreign Interference in Ballot Measures Act . 2. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ) is amended by striking election; and inserting the following: election, including a State or local ballot initiative or referendum; . (b) Effective date The amendment made by this Act shall apply with respect to elections held in 2022 or any succeeding year. | https://www.govinfo.gov/content/pkg/BILLS-117s3136is/xml/BILLS-117s3136is.xml |
117-s-3137 | II 117th CONGRESS 1st Session S. 3137 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Whitehouse (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit a foreign official from demanding a bribe, and for other purposes.
1. Short title This Act may be cited as the Foreign Extortion Prevention Act . 2. Prohibition of demand for bribe Section 201 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) the term foreign official means— (A) any official or employee of a foreign government or any department, agency, or instrumentality thereof; (B) any official or employee of a public international organization; (C) any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization; or (D) any person acting in an unofficial capacity for or on behalf of and with authorization from any such government or department, agency, or instrumentality, or for or on behalf of and with authorization from any such public international organization; and (5) the term public international organization means— (A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 ); or (B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register. ; and (2) by adding at the end the following: (f) Prohibition of demand for a bribe (1) Offense It shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or non-governmental entity, in or affecting interstate commerce, in return for— (A) being influenced in the performance of any official act; (B) being induced to do or omit to do any act in violation of the official duty of such official or person; or (C) conferring any improper advantage, in connection with obtaining or retaining business for or with, or directing business to, any person. (2) Penalties Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both. (3) Transfer Except for costs related to the administration and enforcement of the Foreign Extortion Prevention Act , all fines and penalties imposed against a person under paragraph (2), whether pursuant to a criminal prosecution, enforcement proceeding, deferred prosecution agreement, non-prosecution agreement, a declination to prosecute or enforce, a civil penalty, or any other resolution, shall be deposited in the Victims of Kleptocracy Fund established under paragraph (7). (4) Jurisdiction An offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction. (5) Report Not later than 1 year after the date of enactment of the Foreign Extortion Prevention Act , and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, and post on the publicly available website of the Department of Justice, a report— (A) providing an overview of the scale and nature of bribery involving foreign officials, including an analysis of where these crimes are most likely to be committed; (B) focusing, in part, on demands by foreign officials for bribes from United States domiciled or incorporated entities, and the efforts of foreign governments to prosecute such cases; (C) addressing United States diplomatic efforts to protect United States domiciled or incorporated entities from foreign bribery, and the effectiveness of those efforts in protecting such entities; (D) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed; (E) evaluating the effectiveness of the Department of Justice in enforcing this section; (F) detailing what resources or legislative action the Department of Justice need to ensure adequate enforcement of this section; and (G) studying the efficacy of mutual legal assistance treaties and how they can be improved or built upon in multilateral fora, including the identification of legal and policy issues that are delaying prompt responses. (6) Annual publication of Mutual Legal Assistance Treaty data Not later than 1 year after the date of enactment of the Foreign Extortion Prevention Act , and annually thereafter, the Attorney General shall publish on the website of the Department of Justice— (A) the number of requests for mutual legal assistance made to the Department of Justice from foreign governments during the preceding year; (B) the number of requests for mutual legal assistance returned for noncompliance during the preceding year; (C) the reason or reasons each request for mutual legal assistance returned for noncompliance was so returned; (D) the number of requests for mutual legal assistance processed by the Department of Justice during the preceding year; (E) the median length of time taken to process a request for mutual legal assistance by the Department of Justice; (F) the number of requests for mutual legal assistance that have been pending or not completely fulfilled within 6 months of receipt and the number of requests for mutual legal assistance that have been pending or not completely fulfilled within one year or longer of receipt; and (G) the number of outreach efforts by the Department of Justice to explain how foreign countries can receive mutual legal assistance. (7) Victims of Kleptocracy Fund (A) In general There is established in the United States Treasury a fund to be known as the Victims of Kleptocracy Fund . (B) Availability of amounts Amounts deposited into the Victims of Kleptocracy Fund in accordance with paragraph (3) or any other provision of law shall be available to the Attorney General, without fiscal year limitation or need for subsequent appropriation, only for the purposes of— (i) the International Criminal Investigative Training Assistance Program; (ii) the Kleptocracy Asset Recovery Initiative; (iii) the Office of Overseas Prosecutorial Development, Assistance, and Training; and (iv) the Office of International Affairs, including for the hiring of personnel to speed processing of requests for mutual legal assistance. (8) Rule of construction This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 ) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 ; 15 U.S.C. 78dd–3 ) whether pursuant to a theory of direct liability, conspiracy, complicity, or otherwise. . | https://www.govinfo.gov/content/pkg/BILLS-117s3137is/xml/BILLS-117s3137is.xml |
117-s-3138 | II 117th CONGRESS 1st Session S. 3138 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Marshall (for himself and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Moving Ahead for Progress in the 21st Century Act to exempt covered farm vehicles from certain requirements, and for other purposes.
1. Short title This Act may be cited as the Covered Farm Vehicle Modernization Act of 2021 . 2. Exemptions for covered farm vehicles Section 32934 of MAP–21 ( 49 U.S.C. 31136 note; Public Law 112–141 ) is amended— (1) in subsection (a), by adding at the end the following: (6) Any requirement relating to registration under section 31134 of title 49, United States Code, including any requirement relating to a USDOT number under that section. (7) Any requirement relating to registration under the unified carrier registration agreement (as defined in section 14504a(a) of title 49, United States Code). ; (2) in subsection (b)— (A) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in paragraph (2), by striking Paragraph (1) and inserting Subparagraph (A) ; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (D) by inserting before subparagraph (A) (as so designated) the following: (1) Federal transportation funding ; and (E) by adding at the end the following: (2) IFTA requirements A covered farm vehicle and the individual operating that covered farm vehicle shall be exempt from any requirement relating to a license under the International Fuel Tax Agreement (as defined in section 31701 of title 49, United States Code). ; and (3) in subsection (c)(1)(B), by striking 26,001 each place it appears and inserting 36,001 . | https://www.govinfo.gov/content/pkg/BILLS-117s3138is/xml/BILLS-117s3138is.xml |
117-s-3139 | II 117th CONGRESS 1st Session S. 3139 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Braun (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ban anticompetitive terms in facility and insurance contracts that limit access to higher quality, lower cost care.
1. Short title This Act may be cited as the Healthy Competition for Better Care Act . 2. Banning anticompetitive terms in facility and insurance contracts that limit access to higher quality, lower cost care (a) In general (1) PHSA Section 2799A–9 of the Public Health Service Act ( 42 U.S.C. 300gg–119 ) is amended by adding at the end the following: (b) Protecting health plans network design flexibility (1) In general A group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into an agreement with a provider, network or association of providers, or other service provider offering access to a network of service providers if such agreement, directly or indirectly— (A) restricts the group health plan or health insurance issuer from— (i) directing or steering enrollees to other health care providers; or (ii) offering incentives to encourage enrollees to utilize specific health care providers; (B) requires the group health plan or health insurance issuer to enter into any additional contract with an affiliate of the provider as a condition of entering into a contract with such provider; (C) requires the group health plan or health insurance issuer to agree to payment rates or other terms for any affiliate not party to the contract of the provider involved; or (D) restricts other group health plans or health insurance issuers not party to the contract, from paying a lower rate for items or services than the contracting plan or issuer pays for such items or services. (2) Additional requirement for self-insured plans A self-insured group health plan shall not enter into an agreement with a provider, network or association of providers, third-party administrator, or other service provider offering access to a network of providers if such agreement directly or indirectly requires the group health plan to certify, attest, or otherwise confirm in writing that the group health plan is bound by restrictive contracting terms between the service provider and a third-party administrator that the group health plan is not party to, without a disclosure that such terms exist. (3) Exception for certain group model issuers Paragraph (1)(A) shall not apply to a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to— (A) a health maintenance organization (as defined in section 2791(b)(3)), if such health maintenance organization operates primarily through exclusive contracts with multi-specialty physician groups, nor to any arrangement between such a health maintenance organization and its affiliates; or (B) a value-based network arrangement, such as an exclusive provider network, accountable care organization or other alternative payment model, center of excellence, a provider sponsored health insurance issuer that operates primarily through aligned multi-specialty physician group practices or integrated health systems, or such other similar network arrangements as determined by the Secretary through rulemaking. (4) Attestation A group health plan or health insurance issuer offering group or individual health insurance coverage shall annually submit to, as applicable, the applicable authority described in section 2723 or the Secretary of Labor, an attestation that such plan or issuer is in compliance with the requirements of this subsection. (c) Maintenance of existing HIPAA, GINA, and ADA protections Nothing in this section shall modify, reduce, or eliminate the existing privacy protections and standards provided by reason of State and Federal law, including the requirements of parts 160 and 164 of title 45, Code of Federal Regulations (or any successor regulations). (d) Regulations The Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, not later than 1 year after the date of enactment of this section, shall promulgate regulations to carry out this section. (e) Rule of construction Nothing in this section shall be construed to limit network design or cost or quality initiatives by a group health plan or health insurance issuer, including accountable care organizations, exclusive provider organizations, networks that tier providers by cost or quality or steer enrollees to centers of excellence, or other pay-for-performance programs. (f) Clarification with respect to antitrust laws Compliance with this section does not constitute compliance with the antitrust laws, as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ). . (2) ERISA Section 724 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185m ) is amended by adding at the end the following: (b) Protecting health plans network design flexibility (1) In general A group health plan or a health insurance issuer offering group health insurance coverage shall not enter into an agreement with a provider, network or association of providers, or other service provider offering access to a network of service providers if such agreement, directly or indirectly— (A) restricts the group health plan or health insurance issuer from— (i) directing or steering enrollees to other health care providers; or (ii) offering incentives to encourage enrollees to utilize specific health care providers; (B) requires the group health plan or health insurance issuer to enter into any additional contract with an affiliate of the provider as a condition of entering into a contract with such provider; (C) requires the group health plan or health insurance issuer to agree to payment rates or other terms for any affiliate not party to the contract of the provider involved; or (D) restricts other group health plans or health insurance issuers not party to the contract, from paying a lower rate for items or services than the contracting plan or issuer pays for such items or services. (2) Additional requirement for self-insured plans A self-insured group health plan shall not enter into an agreement with a provider, network or association of providers, third-party administrator, or other service provider offering access to a network of providers if such agreement directly or indirectly requires the group health plan to certify, attest, or otherwise confirm in writing that the group health plan is bound by restrictive contracting terms between the service provider and a third-party administrator that the group health plan is not party to, without a disclosure that such terms exist. (3) Exception for certain group model issuers Paragraph (1)(A) shall not apply to a group health plan or health insurance issuer offering group health insurance coverage with respect to— (A) a health maintenance organization (as defined in section 733(b)(3)), if such health maintenance organization operates primarily through exclusive contracts with multi-specialty physician groups, nor to any arrangement between such a health maintenance organization and its affiliates; or (B) a value-based network arrangement, such as an exclusive provider network, accountable care organization or other alternative payment model, center of excellence, a provider sponsored health insurance issuer that operates primarily through aligned multi-specialty physician group practices or integrated health systems, or such other similar network arrangements as determined by the Secretary through rulemaking. (4) Attestation A group health plan or health insurance issuer offering group health insurance coverage shall annually submit to the Secretary of Labor an attestation that such plan or issuer is in compliance with the requirements of this subsection. (c) Maintenance of existing HIPAA, GINA, and ADA protections Nothing in this section shall modify, reduce, or eliminate the existing privacy protections and standards provided by reason of State and Federal law, including the requirements of parts 160 and 164 of title 45, Code of Federal Regulations (or any successor regulations). (d) Regulations The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, not later than 1 year after the date of enactment of this section, shall promulgate regulations to carry out this section. (e) Rule of construction Nothing in this section shall be construed to limit network design or cost or quality initiatives by a group health plan or health insurance issuer, including accountable care organizations, exclusive provider organizations, networks that tier providers by cost or quality or steer enrollees to centers of excellence, or other pay-for-performance programs. (f) Clarification with respect to antitrust laws Compliance with this section does not constitute compliance with the antitrust laws, as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ). . (3) IRC Section 9824 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (b) Protecting health plans network design flexibility (1) In general A group health plan shall not enter into an agreement with a provider, network or association of providers, or other service provider offering access to a network of service providers if such agreement, directly or indirectly— (A) restricts the group health plan from— (i) directing or steering enrollees to other health care providers; or (ii) offering incentives to encourage enrollees to utilize specific health care providers; (B) requires the group health plan to enter into any additional contract with an affiliate of the provider as a condition of entering into a contract with such provider; (C) requires the group health plan to agree to payment rates or other terms for any affiliate not party to the contract of the provider involved; or (D) restricts other group health plans not party to the contract, from paying a lower rate for items or services than the contracting plan pays for such items or services. (2) Additional requirement for self-insured plans A self-insured group health plan shall not enter into an agreement with a provider, network or association of providers, third-party administrator, or other service provider offering access to a network of providers if such agreement directly or indirectly requires the group health plan to certify, attest, or otherwise confirm in writing that the group health plan is bound by restrictive contracting terms between the service provider and a third-party administrator that the group health plan is not party to, without a disclosure that such terms exist. (3) Exception for certain group model issuers Paragraph (1)(A) shall not apply to a group health plan with respect to— (A) a health maintenance organization (as defined in section 9832(b)(3)), if such health maintenance organization operates primarily through exclusive contracts with multi-specialty physician groups, nor to any arrangement between such a health maintenance organization and its affiliates; or (B) a value-based network arrangement, such as an exclusive provider network, accountable care organization or other alternative payment model, center of excellence, a provider sponsored health insurance issuer that operates primarily through aligned multi-specialty physician group practices or integrated health systems, or such other similar network arrangements as determined by the Secretary through rulemaking. (4) Attestation A group health plan shall annually submit to the Secretary of Labor an attestation that such plan is in compliance with the requirements of this subsection. (c) Maintenance of existing HIPAA, GINA, and ADA protections Nothing in this section shall modify, reduce, or eliminate the existing privacy protections and standards provided by reason of State and Federal law, including the requirements of parts 160 and 164 of title 45, Code of Federal Regulations (or any successor regulations). (d) Regulations The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Labor, not later than 1 year after the date of enactment of this section, shall promulgate regulations to carry out this section. (e) Rule of construction Nothing in this section shall be construed to limit network design or cost or quality initiatives by a group health plan, including accountable care organizations, exclusive provider organizations, networks that tier providers by cost or quality or steer enrollees to centers of excellence, or other pay-for-performance programs. (f) Clarification with respect to antitrust laws Compliance with this section does not constitute compliance with the antitrust laws, as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ). . (b) Effective date The amendments made by subsection (a) shall apply with respect to any contract entered into on or after the date that is 18 months after the date of enactment of this Act. With respect to an applicable contract that is in effect on the date of enactment of this Act, such amendments shall apply on the earlier of the date of renewal of such contract or 3 years after such date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-117s3139is/xml/BILLS-117s3139is.xml |
117-s-3140 | II 117th CONGRESS 1st Session S. 3140 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Ossoff (for himself, Mr. Booker , Mr. Sanders , Ms. Duckworth , Mrs. Feinstein , Mr. Padilla , Mr. Schatz , Mr. Bennet , Ms. Warren , Ms. Smith , Ms. Hirono , Mr. Merkley , Mr. Markey , Mr. Warnock , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make the credit for residential energy efficient property refundable, and for other purposes.
1. Short title This Act may be cited as the Clean Energy for All Homes Act . 2. Refundability of credit for residential energy efficient property (a) Credit made refundable; installer requirements Section 25D of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (j) and by inserting after subsection (g) the following new subsections: (h) Credit made refundable for taxable years after 2022 In the case of any taxable year beginning after December 31, 2022, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart C (and not allowed under this subpart). (i) Requirement for qualified installer (1) In general No credit shall be allowed under subsection (a) with respect to any expenditure for property described in subsection (d) which is placed in service after December 31, 2022, unless— (A) such property is installed by a qualified installer, and (B) the taxpayer includes the qualified installation identification number described in paragraph (3) on the return of tax for the taxable year. (2) Qualified installer (A) In general For purposes of this subsection, the term qualified installer means an installer who enters into an agreement with the Secretary which provides that such installer will, with respect to any expenditure for property described in subsection (d) in connection with a dwelling unit used as a residence by the taxpayer— (i) provide the taxpayer with a qualified installation identification number and a written receipt of the purchase and installation of such property in a manner prescribed by the Secretary, and (ii) make periodic written reports to the Secretary (in such manner as the Secretary may provide) of qualified installation identification numbers assigned by the installer corresponding to such expenditures, including such information as the Secretary may require with respect to such expenditures. (B) Installer deemed to meet requirement For purposes of subparagraph (A), to the extent provided by the Secretary, an installer may be deemed to meet the requirement under clause (ii) of such subparagraph on the basis of information available to the Secretary which the Secretary determines is reasonably reliable for purposes of determining the amount of expenditures described in subsection (a) made by a taxpayer in connection with a dwelling unit used as a residence by such taxpayer. (3) Qualified installation identification number For purposes of this subsection, the term qualified installation identification number means a unique identification number with respect to expenditures described in subsection (a) in connection with a dwelling unit used as a residence by the taxpayer. (4) Registration The Secretary may require such information or registration of a qualified installer as the Secretary deems necessary or appropriate for purposes of preventing duplication, fraud, or improper claims with respect to expenditures described in subsection (a). Under regulations or other guidance prescribed by the Secretary, the registration of any person under this section may be denied, revoked, or suspended if the Secretary determines that such denial, revocation, or suspension is necessary to prevent duplication, fraud, or improper claims with respect to expenditures described in subsection (a). . (b) Conforming amendment Section 6213(g)(2) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (P), by striking and at the end; (2) in subparagraph (Q), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (R) an omission of a correct qualified installation identification number required under subsection (i)(1)(B) of section 25D (relating to credit for residential energy efficient property) to be included on a return. . (c) Effective date The amendments made by this section shall apply to expenditures made after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3140is/xml/BILLS-117s3140is.xml |
117-s-3141 | II 117th CONGRESS 1st Session S. 3141 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the New Philadelphia National Historical Park in the State of Illinois as a unit of the National Park System, and for other purposes.
1. Short title This Act may be cited as the New Philadelphia National Historical Park Act . 2. Findings Congress finds that— (1) Frank McWorter, an enslaved man, bought his freedom and the freedom of 15 family members by— (A) mining for crude niter in Kentucky caves and processing the mined material into saltpeter; (B) hiring his time to other settlers; and (C) selling lots in New Philadelphia, which was— (i) the town founded by Frank McWorter; and (ii) the first town planned and legally registered by a free African American before the Civil War; (2) the first railroad constructed in the area of New Philadelphia bypassed New Philadelphia, which led to the decline of New Philadelphia; and (3) the site of New Philadelphia is a registered National Historic Landmark. 3. Definitions In this Act: (1) Park The term Park means the New Philadelphia National Historical Park established by section 4(a). (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means the State of Illinois. 4. Establishment of New Philadelphia National Historical Park (a) Establishment There is established in the State as a unit of the National Park System the New Philadelphia National Historical Park. (b) Purposes The purposes of the Park are— (1) to protect, preserve, and interpret the many significant aspects of the Park; and (2) to the extent feasible, to coordinate preservation and interpretation activities with the State and other public and nonpublic entities through cooperative agreements entered into under section 5(c). (c) Boundary The Park shall consist of the approximately 124.33 acres of land within the boundary generally depicted as Legislative Boundary on the map prepared by the National Park Service entitled New Philadelphia National Historic Site Proposed Boundary , numbered 591/176,516, and dated July 2021. 5. Administration (a) In general The Secretary shall administer land within the boundary of the Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code. (b) Management and operations The Lincoln Home National Historic Site shall be responsible for the management and operations of the Park. (c) Cooperative agreements The Secretary may enter into cooperative agreements with the State or other public and nonpublic entities under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the Park and at sites in close proximity to the Park but located outside the boundaries of the Park, including providing for— (1) the placement of directional and interpretive signage; (2) exhibits; and (3) technology-based interpretive devices. (d) Acquisition of land (1) In general Subject to paragraph (2), the Secretary may acquire land and interests in land (including any buildings or structures) for inclusion in the Park by— (A) donation; (B) purchase with donated or appropriated funds; or (C) exchange. (2) Limitation Any land owned by the State or a political subdivision of the State may be acquired for inclusion in the Park only by donation. (e) Technical and preservation assistance The Secretary may provide public interpretation and technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, related historic and cultural resources within the boundaries of the Park. (f) Management plan Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with— (1) section 100502 of title 54, United States Code; and (2) any other applicable laws. | https://www.govinfo.gov/content/pkg/BILLS-117s3141is/xml/BILLS-117s3141is.xml |
117-s-3142 | II 117th CONGRESS 1st Session S. 3142 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect election workers and polling places.
1. Short title This Act may be cited as the Election Worker and Polling Place Protection Act . 2. Election worker and polling place protection Section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by adding at the end the following: (f) (1) Whoever, whether or not acting under color of law, by force or threat of force, or violence, or threat of harm to any person or property, willfully intimidates or interferes with, or attempts to intimidate or interfere with, the ability of any person or any class of persons to vote or qualify to vote, or to qualify or act as a poll watcher, or any legally authorized election official, in any primary, special, or general election, or any person who is, or is employed by, an agent, contractor, or vendor of a legally authorized election official assisting in the administration of any primary, special, or general election, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. (2) Whoever, whether or not acting under color of law, willfully physically damages or threatens to physically damage any physical property being used as a polling place or tabulation center or other election infrastructure, with the intent to interfere with the administration of an election or the tabulation or certification of votes, shall be fined not more than $5,000, or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this paragraph or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. (3) For purposes of this subsection, de minimus damage or threats of de minimus damage to physical property shall not be considered a violation of this subsection. (4) For purposes of 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. (g) No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (1) the State does not have jurisdiction; (2) the State has requested that the Federal Government assume jurisdiction; or (3) a prosecution by the United States is in the public interest and necessary to secure substantial justice. . | https://www.govinfo.gov/content/pkg/BILLS-117s3142is/xml/BILLS-117s3142is.xml |
117-s-3143 | II 117th CONGRESS 1st Session S. 3143 IN THE SENATE OF THE UNITED STATES November 2, 2021 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 9 of the United States Code to prohibit the enforcement of predispute arbitration agreements with respect to claims of sexual assault and to ensure that fair procedures are used in arbitrations involving sexual harassment claims.
1. Short title This Act may be cited as the Resolving Sexual Assault and Harassment Disputes Act of 2021 . 2. Arbitration of sexual assault and sexual harassment claims (a) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of sexual assault claims; rights in arbitration of sexual harassment claims 401. Definitions In this chapter— (1) the term predispute arbitration agreement means any agreement to arbitrate a claim that had not yet arisen at the time of the making of the agreement; (2) the term sexual assault means a nonconsensual sexual act or sexual contact (as those terms are defined in section 2246 of title 18, or similar applicable State or Tribal law) perpetrated against an employee, including when the victim lacks capacity to consent; (3) the term sexual assault claim means a claim or dispute by an employee alleging that he or she was the victim of a sexual assault, based on alleged conduct that meets the definition of a sexual assault, brought by the employee against the employer, the employer and one or more employees, or one or more employees; (4) the term sexual harassment means— (A) (i) an unwelcome sexual advance; (ii) a request for a sexual favor; (iii) an offensive remark about a person’s sex; or (iv) any other verbal or physical harassment of a sexual nature; and (B) that is so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision; and (5) the term sexual harassment claim means a claim or dispute between an employee and employer, or among an employee, employer, and one or more employees, arising out of allegations of conduct that constitutes sexual harassment but does not fall within the definition of a sexual assault claim. 402. Limit on validity and enforceability (a) In general Notwithstanding any other provision of this title, a predispute arbitration agreement shall have no force or effect with respect to a sexual assault claim. (b) Other claims All claims other than those subject to subsection (a) shall be subject to the provisions of this title, provided that, for sexual harassment claims, section 403 is satisfied. 403. Rights in arbitration of sexual harassment claim (a) In general Notwithstanding any other provision of this title, a predispute arbitration agreement to which this chapter applies shall be valid or enforceable with respect to a sexual harassment claim if the predispute arbitration agreement— (1) allows a party to discuss publicly the claim to be arbitrated, unless both parties mutually agree otherwise after the claim has arisen, and subject to reasonable restrictions necessary to safeguard the privacy interests of third parties; (2) allows a party to report alleged violations of law to local, State, and Federal civil and criminal law enforcement authorities; (3) allows a party to discuss publicly the arbitrator’s decision, unless the parties mutually agree otherwise after the claim has arisen; (4) allows the arbitrator to grant a party’s reasonable request to engage in third-party discovery, including the ability to solicit evidence from other individuals or entities not parties to the arbitration; (5) allows a party to be represented by a lawyer in the arbitration proceeding; (6) provides for the appointment of an arbitrator who is impartial and obligated to disclose any bias, personal or financial interest in the arbitration, and past or present relationships with the parties or their representatives; (7) provides for the ability of the parties to receive a reasoned, written decision by the arbitrator; (8) if the agreement provides for a statute of limitations it is no shorter than the statute of limitations under the law applicable to the claim; (9) allows the claimant to recover individualized damages and other individualized relief authorized by the law applicable to the claim; (10) does not require the claimant to pay attorneys’ fees or expenses not authorized by the law applicable to the claim; and (11) does not require the claimant to pay arbitration fees greater than the filing fee for an action in Federal district court established by section 1914 of title 28, unless the arbitrator finds that the claimant’s claims are frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) or the claimant’s litigation conduct is vexatious (as measured by the standards of section 1927 of title 28). (b) Considerations In determining whether an arbitration agreement satisfies the standard set forth in subsection (a)(4), a court shall consider— (1) a claimant’s ability to obtain relevant evidence; (2) privacy interests of the claimant and third parties; and (3) whether the potential burdens that third-party discovery might impose are proportionate to the needs of the case. (c) Rule of construction A predispute arbitration agreement complies with subsection (a) if the agreement does not prohibit the conduct, the agreement affirmatively permits the conduct, or the rules of the arbitral forum selected in the agreement satisfy the requirement. 404. Attorneys’ fees for sexual assault and harassment claims (a) Fee distribution timing If the plaintiff in a civil action or arbitration proceeding is seeking monetary relief with respect to a sexual assault claim or a sexual harassment claim, there shall be a final determination, including exhaustion of appeals, of any monetary relief to be paid to the plaintiff, and payment to the plaintiff, before the determination or payment of costs or attorneys’ fees to the attorney for the plaintiff. (b) Fee determinations based on monetary relief Unless otherwise specified by Federal statute, if a judgment or settlement agreement in a civil action or arbitration proceeding provides monetary relief to the plaintiff with respect to a sexual assault claim or a sexual harassment claim, the portion of any attorneys’ fees paid to the attorney for the plaintiff that is attributable to the monetary relief with respect to that claim— (1) shall not exceed a reasonable percentage of the amount of monetary relief directly distributed to and received by the plaintiff with respect to the claim; and (2) in any event, shall not exceed the total amount of monetary relief directly distributed to and received by the plaintiff with respect to the claim. (c) Fee determinations based on equitable relief Unless otherwise specified by Federal statute, if a judgment or settlement agreement in a civil action or arbitration proceeding provides for equitable relief with respect to a sexual assault claim or a sexual harassment claim, the portion of any attorneys’ fees paid to the attorney for the plaintiff that is attributable to the equitable relief with respect to the claim shall not exceed a reasonable percentage of the value of the equitable relief, including any injunctive relief. 405. Study Two years after the date of enactment of this chapter, the Comptroller General of the United States shall conduct a study of, and shall provide a report to the relevant congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, the use of arbitration agreements in connection with this chapter. The study shall examine the total number of claims, the length of time to resolve a claim, party success rates, awards and settlement amounts, attorney’s fees, and the validity of arbitration clauses challenged according to section 406. The study shall examine both arbitration proceedings and settlement agreements, to the extent possible, pursuant to this chapter and compare the outcomes, the duration, and award and settlement amounts with other employment cases in the judicial system. 406. Applicability An issue as to whether this chapter applies with respect to a sexual assault claim or a sexual harassment claim shall be determined under Federal law. The applicability of this chapter to a predispute agreement to arbitrate such claims and the validity and enforceability of a predispute agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the predispute arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. In the instance when a court finds a predispute arbitration agreement invalid in accordance with this chapter, the employee or employees shall be awarded a reasonable attorney’s fee, including litigation expenses, and costs for challenging the predispute arbitration agreement. . (b) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 2, by inserting or as otherwise provided in chapter 4 before the period at the end; (B) in section 208— (i) in the section heading, by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. ; and (C) in section 307— (i) in the section heading, by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. . (2) Table of sections (A) Chapter 2 The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: 208. Application. . (B) Chapter 3 The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: 307. Application. . (3) Table of chapters The table of chapters for title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of sexual assault claims; rights in arbitration of sexual harassment claims 401 . 3. Prospective effect This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any predispute arbitration agreement that is entered into or amended on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s3143is/xml/BILLS-117s3143is.xml |
117-s-3144 | II 117th CONGRESS 1st Session S. 3144 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Merkley (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Sutton Mountain National Monument, to authorize certain land exchanges in the State of Oregon, to convey certain Bureau of Land Management land in the State of Oregon to the city of Mitchell, Oregon, and Wheeler County, Oregon, for conservation, economic, and community development purposes, and for other purposes.
1. Short title This Act may be cited as the Sutton Mountain and Painted Hills Area Wildfire Resiliency Preservation and Economic Enhancement Act . 2. Definitions In this Act: (1) Active habitat restoration The term active habitat restoration means, with respect to an area, to restore and enhance the ecological health of the area through the use of management tools consistent with this Act. (2) City The term City means the city of Mitchell, Oregon. (3) County The term County means Wheeler County, Oregon. (4) Ecological health The term ecological health means the ability of the ecological processes of a native ecosystem to function in a manner that maintains the structure, composition, activity, and resilience of the ecosystem over time, including an ecologically appropriate diversity of plant and animal communities, habitats, and conditions that are sustainable through successional processes. (5) Landowner The term landowner means an owner of non-Federal land that enters into a land exchange with the Secretary under section 4(a). (6) Lower Unit The term Lower Unit means the area that consists of the approximately 27,184 acres of land generally depicted as Proposed National Monument-Lower Unit on the Map. (7) Management plan The term management plan means the management plan for the Monument developed by the Secretary under section 3(d)(2). (8) Map The term Map means the map prepared by the Bureau of Land Management entitled Sutton Complex-Painted Hills National Monument Proposal and dated October 27, 2021. (9) Monument The term Monument means the Sutton Mountain National Monument established by section 3(a). (10) Passive habitat management The term passive habitat management means those actions that are proposed or implemented to address degraded or non-functioning resource conditions that are expected to improve the ecological health of the area without additional on-the-ground actions, such that resource objectives and desired outcomes are anticipated to be reached without additional human intervention. (11) Secretary The term Secretary means the Secretary of the Interior. (12) State The term State means the State of Oregon. (13) Upper Unit The term Upper Unit means the area that consists of the approximately 38,023 acres of land generally depicted as Proposed National Monument-Upper Unit on the Map. 3. Establishment of Sutton Mountain National Monument (a) In general There is established in the State the Sutton Mountain National Monument, consisting of the following 2 management units, as generally depicted on the Map: (1) Upper Unit. (2) Lower Unit. (b) Purposes The purposes of the Monument are— (1) to increase the wildfire resiliency of Sutton Mountain and the surrounding area; and (2) to conserve, protect, and enhance the long-term ecological health of Sutton Mountain and the surrounding area for present and future generations. (c) Objectives To further the purposes of the Monument described in subsection (b), and consistent with those purposes, the Secretary shall manage the Monument for the benefit of present and future generations— (1) to support and promote the growth of local communities and economies; (2) to promote the scientific and educational values of the Monument; (3) to maintain sustainable grazing on the Federal land within the Upper Unit and Lower Unit, in accordance with applicable Federal law; (4) to promote recreation, historical, cultural, and other uses that are sustainable, in accordance with applicable Federal law; (5) to ensure the conservation, protection, restoration, and improved management of the ecological, social, and economic environment of the Monument, including geological, paleontological, biological, wildlife, riparian, and scenic resources; (6) to reduce the risk of wildfire within the Monument and the surrounding area, including through juniper removal and habitat restoration, as appropriate; and (7) (A) to allow for active habitat restoration in the Lower Unit; and (B) to allow for passive habitat management in the Upper Unit and Lower Unit. (d) Management authorities (1) In general The Secretary shall manage the Monument— (A) in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and other applicable laws; and (ii) this Act; and (B) in a manner that— (i) improves wildfire resiliency; and (ii) ensures the conservation, protection, and improved management of the ecological, social, and economic environment of the Monument, including geological, paleontological, biological, wildlife, riparian, and scenic resources, North American Indian Tribal and cultural and archaeological resource sites, and additional cultural and historic sites and culturally significant native species. (2) Management plan (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term conservation and management of the Monument that fulfills the purposes of the Monument described in subsection (b). (B) Requirements The management plan developed under subparagraph (A) shall— (i) describe the appropriate uses and management of each of the Upper Unit and the Lower Unit, consistent with the purposes and objectives of this Act; (ii) include an assessment of ecological conditions of the Monument, including an assessment of— (I) the status, causes, and rate of juniper encroachments at the Monument; and (II) the ecological impacts of the juniper encroachments at the Monument; (iii) identify science-based, short-term and long-term, active habitat restoration and passive habitat management actions— (I) to reduce wildfire risk and improve the resilience of native plant communities; and (II) to restore historical native vegetation communities, including the prioritization of the removal of invasive annual grasses and juniper trees in the Lower Unit; (iv) include a habitat restoration opportunities component that prioritizes— (I) restoration within the Lower Unit; and (II) maintenance of the existing wilderness character of the Upper Unit; (v) include a riparian conservation and restoration component to support anadromous and other native fish, wildlife, and other riparian resources and values in the monument; (vi) include a recreational enhancement component that prioritizes— (I) new and expanded opportunities for mechanized and nonmechanized recreation in the Lower Unit; and (II) enhancing nonmechanized, primitive, and unconfined recreation opportunities in the Upper Unit; (vii) include an active habitat restoration component that prioritizes, with respect to the Lower Unit— (I) the restoration of native ecosystems; (II) the enhancement of recreation and grazing activities; and (III) activities that will reduce wildfire risk; (viii) include a passive habitat management component that prioritizes, with respect to the Upper Unit— (I) the restoration of native ecosystems; and (II) management activities that will reduce the risk of wildfire; (ix) determine measurable and achievable management objectives, consistent with the management objectives described in subsection (c), to ensure the ecological health of the Monument; (x) develop a monitoring program for the Monument so that progress towards ecological health objectives can be determined; (xi) include, as an integral part, a comprehensive transportation plan developed in accordance with subsection (e); and (xii) include, as an integral part, a wildfire mitigation plan developed in accordance with paragraph (4). (3) Wildfire risk assessment Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Governor’s Council on Wildfire Response of the State, shall conduct a wildfire risk assessment of the Upper Unit and the Lower Unit. (4) Wildfire mitigation plan (A) In general Not later than 2 years after the date on which the wildfire risk assessment is conducted under paragraph (3), the Secretary shall develop, based on the wildfire risk assessment, a wildfire mitigation plan as part of the management plan developed under paragraph (2) that identifies, evaluates, and prioritizes management activities that can be implemented in the Lower Unit to mitigate wildfire risk to structures and communities located near the Monument. (B) Plan components The wildfire mitigation plan developed under subparagraph (A) shall include— (i) appropriate vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve ecological health and resiliency); (ii) necessary evacuation routes for communities located near the Monument, to be developed in consultation with the State and local fire agencies; (iii) strategies for public dissemination of emergency evacuation plans and routes; (iv) appropriate passive habitat management activities; and (v) strategies or management requirements to protect items of value identified at the Monument, consistent with the applicable fire management plan and the document prepared by the National Interagency Fire Center entitled Interagency Standards for Fire and Fire Aviation Operations or successor interagency agreement or guidance. (C) Applicable law The wildfire mitigation plan under subparagraph (A) shall be developed in accordance with— (i) this Act; and (ii) any other applicable law. (5) Temporary roads (A) In general Consistent with the purposes of this Act and the comprehensive transportation plan under subsection (e), the Secretary may travel off-road or establish temporary roads within the Lower Unit to implement the wildfire mitigation plan developed under paragraph (4). (B) Effect on wildfire management Nothing in this section affects the authority of the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, to conduct wildland fire operations at the Monument, consistent with the purposes of this Act. (6) Incorporation of acquired land and interests in land Any land or interest in land within the boundary of the Monument or adjacent to the Monument that is acquired by the United States shall— (A) become part of the Monument; and (B) be managed in accordance with— (i) this Act; and (ii) applicable Federal laws. (e) Comprehensive transportation plan (1) In general The Secretary shall develop as part of the management plan a comprehensive transportation plan for the Monument, which shall address— (A) motorized, mechanized, and nonmotorized use; (B) the maintenance and closure of motorized and nonmotorized routes; and (C) travel access. (2) Prohibition of motorized and mechanized use in the Upper Unit Except as provided in paragraphs (3), (4), and (7), motorized and mechanized use shall be prohibited in the Upper Unit. (3) Prohibition of off-road motorized travel Except in cases in which motorized or mechanized vehicles are needed for administrative purposes, ecological restoration projects, or to respond to an emergency, the use of motorized or mechanized vehicles in the Monument shall be permitted only on routes designated by the transportation plan developed under paragraph (1). (4) Prohibition of new construction Except as provided in paragraph (5), no new motorized routes of any type shall be constructed within the Monument unless the Secretary determines, in consultation with the public, that the motorized route is necessary for public safety in the Upper Unit or Lower Unit. (5) Temporary motorized routes in the Lower Unit Notwithstanding paragraph (4), temporary motorized routes may be developed in the Lower Unit to assist with the removal of juniper. (6) Trails Nothing in this subsection limits the authority of the Secretary to construct or maintain trails for nonmotorized or nonmechanized use in the Upper Unit or Lower Unit. (7) Access to inholdings The Secretary shall provide reasonable access to inholdings within the boundaries of the Monument to provide private landowners the reasonable use of the inholdings, in accordance with section 1323(b) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3210(b) ). (8) Modifications to existing roads (A) In general Consistent with the purposes of this Act, the existing roads described in subparagraph (B) may be modified or altered within 50 feet on either side of the applicable road, as the Secretary determines to be necessary to support use of motorized or mechanized vehicles for access, utility development, or public safety. (B) Description of roads The roads referred to in subparagraph (A) are Burnt Ranch Road, Twickenham Road, Girds Creek Road, and the Logging Road, as depicted on the Map. (C) Right-of-way The Secretary shall grant to the County a right-of-way for maintenance and repair within 50 feet of Twickenham Road and Girds Creek Road. (f) Grazing (1) In general The grazing of livestock in the Monument, if established before the date of enactment of this Act, shall be allowed to continue— (A) subject to— (i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and (ii) applicable law (including regulations); and (B) in a manner consistent with the authorities described in subsection (d). (2) Voluntary relinquishment of grazing permits or leases (A) Acceptance by Secretary The Secretary shall accept the voluntary relinquishment of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within the Monument. (B) Termination With respect to each permit or lease voluntarily relinquished under subparagraph (A), the Secretary shall— (i) terminate the grazing permit or lease; and (ii) ensure a permanent end to grazing on the land covered by the permit or lease. (C) Partial relinquishment (i) In general If a person holding a valid grazing permit or lease voluntarily relinquishes less than the full level of grazing use authorized under the permit or lease under subparagraph (A), the Secretary shall— (I) reduce the authorized grazing level to reflect the voluntary relinquishment; and (II) modify the permit or lease to reflect the revised level. (ii) Authorized level To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease voluntarily relinquished under clause (i), the Secretary shall not allow grazing use to exceed the authorized level established under that clause. (g) Prohibition on construction of new facilities No new facilities may be constructed in the Monument unless the Secretary determines that the facility— (1) will be minimal in nature; (2) is consistent with the purposes of the Monument described in subsection (b); and (3) is necessary— (A) to enhance botanical, fish, wildlife, or watershed conditions; (B) to provide for public information, health, or safety; (C) for the management of livestock; or (D) for the management, but not promotion, of recreation. (h) Release of wilderness study area (1) Finding Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), any portion of Federal land designated as a wilderness study area within the Monument as of the date of enactment of this Act has been adequately studied for wilderness designation. (2) Release The land described in paragraph (1)— (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (B) shall be managed in accordance with— (i) this Act; and (ii) applicable land use plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). (i) Effect on existing rights Nothing in this section— (1) terminates any valid right-of-way on land included in the Monument that is in existence on the date of enactment of this Act; or (2) affects the ability of an owner of a private inholding within, or private land adjoining, the boundary of the Monument to obtain permits or easements from any Federal agency with jurisdiction over the Monument to support existing uses, access, management, or maintenance of the private property. (j) Water rights and infrastructure Nothing in this section— (1) constitutes an express or implied claim or denial on the part of the Federal Government regarding an exemption from State water laws; or (2) prohibits access to existing water infrastructure within the boundaries of the Monument. (k) Tribal rights Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe. 4. Land exchanges (a) Authorization (1) Faulkner Exchange (A) In general Subject to subsections (b) through (h), if the owner of the non-Federal land described in subparagraph (B)(i) offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land, the Secretary shall— (i) accept the offer; and (ii) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land (i) Non-Federal land The non-Federal land referred to in subparagraph (A) is the approximately 15 acres of non-Federal land identified on the Map as Faulkner to BLM . (ii) Federal land The Federal land referred to in subparagraph (A)(ii) is the approximately 10 acres of Federal land identified on the Map as BLM to Faulkner . (2) Quant Exchange (A) In general Subject to subsections (b) through (h), if the owner of the non-Federal land described in subparagraph (B)(i) offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land, the Secretary shall— (i) accept the offer; and (ii) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land (i) Non-Federal land The non-Federal land referred to in subparagraph (A) is the approximately 236 acres of non-Federal land identified on the Map as Quant to BLM . (ii) Federal land The Federal land referred to in subparagraph (A)(ii) is the approximately 271 acres of Federal land identified on the Map as BLM to Quant . (3) Twickenham Livestock LLC Exchange (A) In general Subject to subsections (b) through (h), if the owner of the non-Federal land described in subparagraph (B)(i) offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land, the Secretary shall— (i) accept the offer; and (ii) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land (i) Non-Federal land The non-Federal land referred to in subparagraph (A) is the approximately 574 acres of non-Federal land identified on the Map as Twickenham to BLM . (ii) Federal land The Federal land referred to in subparagraph (A)(ii) is the approximately 566 acres of Federal land identified on the Map as BLM to Twickenham . (b) Applicable law Except as otherwise provided in this section, the Secretary shall carry out each land exchange under subsection (a) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). (c) Conditions Each land exchange under subsection (a) shall be subject to such terms and conditions as the Secretary may require. (d) Equal value exchange (1) In general The value of the Federal land and non-Federal land to be exchanged under subsection (a)— (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization (A) Surplus of Federal land If the value of Federal land exceeds the value of non-Federal land to be conveyed under a land exchange authorized under subsection (a), the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the landowner. (B) Surplus of non-Federal land If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the landowner. (e) Appraisals (1) In general As soon as practicable after the date of enactment of this Act, the Secretary and the landowner shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land to be exchanged under subsection (a). (2) Requirements An appraisal under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (f) Surveys (1) In general The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined by surveys approved by the Secretary. (2) Costs The Secretary and the landowner shall divide equally between the Secretary and the landowner— (A) the costs of any surveys conducted under paragraph (1); and (B) any other administrative costs of carrying out the land exchange under this section. (g) Valid existing rights The exchange of Federal land and non-Federal land under subsection (a) shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act. (h) Deadline for completion of land exchange It is the intent of Congress that the land exchanges under subsection (a) be completed by the date that is not later than 2 years after the date of enactment of this Act. 5. Withdrawal (a) In general Subject to valid existing rights, the Federal land and any interest in the Federal land included within the Monument is withdrawn from— (1) entry, appropriation, new rights-of-way, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of— (A) the mineral leasing and geothermal leasing laws; and (B) except as provided in subsection (b), the minerals materials laws. (b) Road maintenance As the Secretary determines to be consistent with the purposes of this Act and the management plan, the Secretary may permit the development of saleable mineral resources, for road maintenance use only, in a location identified on the Map as an existing gravel pit within the area withdrawn by subsection (a), if the development was authorized before the date of enactment of this Act. 6. Treatment of State land and mineral interests (a) Acquisition required The Secretary shall acquire, for approximately equal value and as agreed to by the Secretary and the State, any land and interests in land owned by the State within the area withdrawn by section 5(a). (b) Acquisition methods The Secretary shall acquire the State land and interests in land under subsection (a) in exchange for— (1) the conveyance of Federal land or Federal mineral interests that are outside the boundaries of the area withdrawn by section 5(a); (2) a payment to the State; or (3) a combination of the methods described in paragraphs (1) and (2). 7. Conveyances of Bureau of Land Management land to the city of Mitchell, Oregon, and Wheeler County, Oregon (a) In general Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713)— (1) on the request of the City, the Secretary shall convey to the City, without consideration, the approximately 1,327 acres of Federal land generally depicted on the Map as City of Mitchell Conveyance ; and (2) on request of the County, the Secretary shall convey to the County, without consideration, the approximately 159 acres of Federal land generally depicted on the Map as Wheeler County Conveyance . (b) Use of conveyed land (1) In general Subject to paragraphs (2) and (3), the Federal land conveyed under subsection (a) shall be used for recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq. ). (2) Affordable or senior housing Not more than 50 acres of the Federal land conveyed under subsection (a)(1) may be used for the construction of affordable or senior housing. (3) Economic development Not more than 50 acres of the Federal land conveyed under subsection (a)(1) may be used to support economic development. (c) Map and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize legal descriptions of the parcels of land to be conveyed under subsection (a). (2) Corrections of errors The Secretary may correct minor errors in the Map or the legal descriptions. (3) Availability The Map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reversion (1) In general If any parcel of land conveyed under subsection (a) ceases to be used for the purposes described in subsection (b), the land shall, at the discretion of the Secretary based on the determination of the Secretary of the best interests of the United States, revert to the United States. (2) Responsibility of local governmental entity If the Secretary determines under paragraph (1) that the land should revert to the United States, and if the Secretary determines that the land is contaminated with hazardous waste, the City or the County, as applicable, shall be responsible for remediation of the contamination. (e) Tribal rights Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe. 8. Coordination with units of local government The Secretary shall coordinate with units of local government, including the County commission and the City, in accordance with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) and section 1610.3–1 of title 43, Code of Federal Regulations (or a successor regulation) in— (1) developing the management plan; (2) prioritizing implementation of project-level activities under the management plan; (3) developing activities that implement the management plan; and (4) carrying out any other activities under this Act. 9. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3144is/xml/BILLS-117s3144is.xml |
117-s-3145 | II 117th CONGRESS 1st Session S. 3145 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Cassidy (for himself, Mr. Kennedy , Mr. Inhofe , Mr. Rubio , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Natural Gas Act to expedite approval of exports of small volumes of natural gas, and for other purposes.
1. Short title This Act may be cited as the Small Scale LNG Access Act of 2021 . 2. Expedited approval of export of certain volumes of natural gas Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by striking subsection (c) and inserting the following: (c) Expedited application and approval process (1) In general For purposes of subsection (a), the following shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay: (A) The importation of the natural gas referred to in subsection (b). (B) The exportation of natural gas in a volume up to and including 51,750,000,000 cubic feet per year. (C) The exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas. (2) Exclusion Subparagraphs (B) and (C) of paragraph (1) shall not apply to any nation subject to sanctions imposed by the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s3145is/xml/BILLS-117s3145is.xml |
117-s-3146 | II 117th CONGRESS 1st Session S. 3146 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Inhofe (for himself, Ms. Lummis , Mrs. Blackburn , Mr. Kennedy , Mr. Cruz , Mr. Braun , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To appropriate $25,000,000,000 for the construction of a border wall between the United States and Mexico, and for other purposes.
1. Short title This Act may be cited as the WALL Act of 2021 . 2. Mandatory spending for border wall (a) In general There is appropriated $25,000,000,000 for the purpose of constructing a physical barrier along the southern border of the United States. (b) Availability Amounts appropriated under subsection (a) shall remain available until expended for the purpose described in subsection (a). 3. Offsets (a) Eligibility for child tax credit (1) In general Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: (e) Identification requirements (1) In general No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes on the return of tax for the taxable year— (A) the name of such qualifying child, and (B) the valid identification number of the taxpayer (and, in the case of a joint return, the taxpayer’s spouse) and such qualifying child. (2) Valid identification number (A) In general For purposes of this subsection, the term valid identification number means— (i) in the case of the taxpayer and any spouse of the taxpayer, a social security number issued to the individual by the Social Security Administration on or before the due date for filing the return for the taxable year, and (ii) in the case of a qualifying child, a social security number issued to such child by the Social Security Administration on or before the due date for filing such return. (B) Exception for individuals prohibited from engaging in employment in United States For purposes of subparagraph (A)(i) and subsection (h)(4)(C), the term social security number shall not include the social security number of an individual who is prohibited from engaging in employment in the United States. . (2) Conforming amendments Subsection (h) of section 24 of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1), by striking (7) and inserting (6) ; (B) in paragraph (4), by amending subparagraph (C) to read as follows: (C) Social security number required Subparagraph (A) shall not apply with respect to any dependent of the taxpayer unless the taxpayer includes on the return of tax for the taxable year, for both the taxpayer and the dependent, a social security number issued to each such individual by the Social Security Administration on or before the due date for filing such return. ; and (C) by striking paragraph (7). (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (b) Individuals prohibited from engaging in employment in United States not eligible for earned income tax credit (1) In general Subsection (m) of section 32 of the Internal Revenue Code of 1986 is amended to read as follows: (m) Identification numbers (1) In general Solely for purposes of subsections (c)(1)(E) and (c)(3)(D), a taxpayer identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (2) Exception for individuals prohibited from engaging in employment in United States For purposes of paragraph (1), in the case of subsection (c)(1)(E), the term social security number shall not include the social security number of an individual who is prohibited from engaging in employment in the United States. . (2) Effective date The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Identification requirement for American Opportunity and Lifetime Learning credits (1) In general Section 25A(g)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Social Security number required (i) In general For purposes of this paragraph, the term taxpayer identification number means a social security number issued to an individual by the Social Security Administration. (ii) Exception for individuals prohibited from engaging in employment in United States For purposes of clause (i), the term social security number shall not include the social security number of an individual who is prohibited from engaging in employment in the United States. . (2) Effective date The amendment made by this subsection shall apply to all taxable years ending after the date of the enactment of this Act. (d) Fees for filing a tax return using an ITIN (1) In general Section 6109(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Fee for filing tax return using an ITIN (A) In general In the case of any individual income tax return filed by a taxpayer residing in the United States, the Secretary shall require the taxpayer to pay a fee for each such return filed in an amount equal to the product of— (i) the total number of individuals included on such return (including any spouse or dependent of the taxpayer) with respect to whom an individual taxpayer identification number has been issued, multiplied by (ii) $300. (B) Exception Subparagraph (A) shall not apply to any individual who has reported to the Secretary that their social security number has been subject to theft, misuse, or misappropriation by another person. . (2) Effective date The amendment made by this subsection shall apply to returns the due date for which (determined without regard to extensions) is after the date of the enactment of this Act. (e) Ensuring validity of Social Security numbers (1) In general Section 6109 of the Internal Revenue Code of 1986 is amended by inserting after subsection (d) the following new subsection: (e) Confirmation of social security numbers For purposes of paragraphs (1) and (3) of subsection (a), the Secretary, in coordination with the Commissioner of Social Security, shall verify that any social security account number submitted by a person, or with respect to another person, in any return, statement, or other document is— (1) the correct social security account number as issued to such person by the Commissioner of Social Security, and (2) valid and otherwise unexpired as of the date of submission of such return, statement, or other document. . (2) Effective date The amendment made by this subsection shall apply to returns, statements, and other documents submitted after the date of the enactment of this Act. (f) Requiring agencies To use E-Verify To Confirm satisfactory immigration status for eligibility for certain federally funded benefits (1) In general Section 1137(a) of the Social Security Act ( 42 U.S.C. 1320b–7(a) ) is amended— (A) in paragraph (6), by striking ; and and inserting a semicolon; (B) in paragraph (7), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (8) with respect to any applicant for, or recipient of, benefits under a program listed in subsection (b) who is a noncitizen and whose eligibility for such benefits is conditional upon such applicant or recipient having an immigration status that allows the applicant or recipient to work in the United States, the State agency administering such program shall use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (also known as E–Verify ) to confirm that such applicant or recipient has such status, and shall deny eligibility for such benefits to any such applicant or recipient who does not have such status. . (2) Federal housing programs (A) Section 8(o)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6) ) is amended by adding at the end the following: (D) Verification of immigration status For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (commonly known as E–Verify ) to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status. . (B) Section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13) ) is amended by adding at the end the following: (P) Verification of immigration status For each dwelling unit in a project for which a housing assistance payment contract is established under this subsection, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (commonly known as E–Verify ) to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status. . (C) (i) Section 3(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(a) ) is amended by adding at the end the following: (8) Verification of immigration status For each public housing dwelling unit owned, assisted, or operated by a public housing agency, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (commonly known as E–Verify ) to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status. . (ii) Effective on December 27, 2022, section 3(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(a) ) is amended by redesignating paragraph (8), as added by clause (i), as paragraph (9) and moving it to appear after paragraph (8) of such section, as added by section 101(b)(1) of division Q of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (D) Section 202(i) of the Housing Act of 1959 ( 12 U.S.C. 1701q(i) ) is amended by adding at the end the following: (3) Verification of immigration status For each dwelling unit assisted under this section, the owner shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (commonly known as E–Verify ) to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status. . (E) Section 811(i)(1) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(i)(1) ) is amended by adding at the end the following: (E) Verification of immigration status For each dwelling unit assisted under this section, the owner shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (commonly known as E–Verify ) to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status. . (3) Rulemaking (A) In general The Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Labor shall promulgate rules to implement section 1137(a)(8) of the Social Security Act, as added by paragraph (1), which requires the use of E–Verify to verify applicant eligibility for certain programs administered by their respective departments. (B) Housing programs The Secretary of Housing and Urban Development shall promulgate rules to implement amendments made by subparagraphs (A) through (E) of paragraph (2), which require the use of E–Verify to verify tenant eligibility for housing assistance programs administered by the Department of Housing and Urban Development. (4) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. 4. Minimum fines for illegal entry and overstay (a) Illegal entry Chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) is amended— (1) in section 275 ( 8 U.S.C. 1325 )— (A) in subsection (a)— (i) by striking (1) ; (ii) by striking (2) ; (iii) by striking (3) ; and (iv) by striking shall, for and all that follows and inserting the following: “shall— (1) for the first commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 6 months, or both; and (2) for a subsequent commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 2 years, or both. ; and (B) in subsection (b)— (i) by inserting (1) before Any alien ; (ii) by striking civil penalty of and all that follows through the period at the end of paragraph (2) and inserting civil penalty in an amount equal to not less than $3,000 and not more than $10,000. ; and (iii) in the undesignated matter at the end, by inserting (2) before Civil penalties and moving the paragraph, as so designated, four ems to the right; and (2) in section 276(a) ( 8 U.S.C. 1326(a) ), in the undesignated matter following paragraph (2)(B), by striking shall be fined under title 18, United States Code, or and inserting shall be subject to a civil penalty in an amount equal to not less than $3,000 and not more than $10,000, . (b) Overstay Section 222(g) of the Immigration and Nationality Act ( 8 U.S.C. 1202(g) ) is amended by adding at the end the following: (3) An alien described in paragraph (1) shall be subject to a civil penalty in an amount equal to $50 multiplied by the number of months that the alien remained in the United States beyond the alien’s authorized period of stay. . | https://www.govinfo.gov/content/pkg/BILLS-117s3146is/xml/BILLS-117s3146is.xml |
117-s-3147 | II 117th CONGRESS 1st Session S. 3147 IN THE SENATE OF THE UNITED STATES November 3, 2021 Ms. Rosen (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide members of the reserve components access to the Tour of Duty system.
1. Short title This Act may be cited as the Reservists Opportunity Act of 2021 . 2. Access to Tour of Duty system (a) Access (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device. (2) Exception The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States. (b) Tour of duty system defined In this section, the term Tour of Duty system means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as Tour of Duty , or any successor to such system. | https://www.govinfo.gov/content/pkg/BILLS-117s3147is/xml/BILLS-117s3147is.xml |
117-s-3148 | II 117th CONGRESS 1st Session S. 3148 IN THE SENATE OF THE UNITED STATES November 3, 2021 Ms. Hassan (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To modify the semiannual reports submitted by Inspectors General, and for other purposes.
1. Short title This Act may be cited as the Inspector General Reporting Modernization Act of 2021 . 2. Semiannual reports The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 4(a)(2)— (A) by inserting , including after to make recommendations ; and (B) by inserting a comma after section 5(a) ; (2) in section 5— (A) in subsection (a)— (i) by striking paragraphs (1) through (12) and inserting the following: (1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office; (2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation; (3) a summary of significant investigations closed during the reporting period; (4) an identification of the total number of convictions during the reporting period resulting from investigations; (5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including— (A) a listing of each audit, inspection, or evaluation; (B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a management decision had been made by the end of the reporting period; (6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period; ; (ii) by redesignating paragraphs (13) through (22) as paragraphs (7) through (16), respectively; (iii) by amending paragraph (13), as so redesignated, to read as follows: (11) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) if the establishment does not have senior Government employees, which shall include— (A) the name of the senior Government employee or senior official, if already made public by the Office; and (B) a detailed description of— (i) the facts and circumstances of the investigation; and (ii) the status and disposition of the matter, including— (I) if the matter was referred to the Department of Justice, the date of the referral; and (II) if the Department of Justice declined the referral, the date of the declination; ; (iv) in paragraph (14)(B), as so redesignated, by adding and at the end; and (v) in paragraph (15), as so redesignated— (I) by striking subparagraphs (A) and (B) and inserting the following: (A) any attempt by the establishment to interfere with the independence of the Office, including— (i) with budget constraints designed to limit the capabilities of the Office; and (ii) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and (B) a summary of each report made to the head of the establishment under section 6(c)(2) during the reporting period. ; and (B) in subsection (b)— (i) by striking paragraphs (2) and (3) and inserting the following: (2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing— (A) with respect to management decisions— (i) for each report, whether a management decision was made during the reporting period; (ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and (iii) total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and (B) with respect to final actions— (i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period; (ii) if final action was taken, the dollar value of— (I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; (II) disallowed costs that were written off by management; (III) disallowed costs and funds to be put to better use not yet recovered or written off by management; (IV) recommendations that were completed; and (V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and (iii) total number of reports where final action was not taken and total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions; ; (ii) by redesignating paragraph (4) as paragraph (3); (iii) in paragraph (3), as so redesignated, by striking subsection (a)(20)(A) and inserting subsection (a)(14)(A) ; and (iv) by striking paragraph (5) and inserting the following: (4) a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement— (A) may exclude reports if— (i) a management decision was made within the preceding year; or (ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and (B) shall identify the number of reports in each category so excluded. ; (C) by redesignating subsection (f) as subsection (g); and (D) by inserting after subsection (e) the following: (f) If an Office has published any portion of the report or information required under subsection (a) to the website of the Office or on oversight.gov, the Office may elect to provide links to the relevant webpage or website in the report of the Office under subsection (a) in lieu of including the information in that report. . | https://www.govinfo.gov/content/pkg/BILLS-117s3148is/xml/BILLS-117s3148is.xml |
117-s-3149 | II 117th CONGRESS 1st Session S. 3149 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Merkley (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 direct the Secretary of Health and Human Services to establish within the Office of the Director of the Centers for Disease Control and Prevention the Office of Rural Health, and for other purposes.
1. Short title This Act may be cited as the Rural Health Equity Act . 2. CDC Office of Rural Health (a) In general The Secretary shall establish within the Office of the Director of the Centers for Disease Control and Prevention an office to be known as the Office of Rural Health , to be headed by a director appointed by the Director of the Centers for Disease Control and Prevention. (b) Duties The Director of the Office shall— (1) serve as the primary point of contact in the Centers for Disease Control and Prevention on matters pertaining to rural health; (2) assist the Secretary in conducting, coordinating, and promoting research regarding public health issues affecting rural populations, and in disseminating the results of such research; (3) work with all personnel and offices of the Centers for Disease Control and Prevention to develop, refine, coordinate, and promulgate policies, best practices, lessons learned, and innovative, successful programs to improve care, services, and social determinants of health for populations who reside in rural areas of the United States; (4) coordinate and support rural health research, conduct and support educational outreach, and disseminate evidence-based interventions related to health outcomes, access to health care, and lifestyle challenges, to prevent death, disease, injury, and disability, and promote healthy behaviors, in rural populations, including rural minority and LGBTQ populations; (5) improve the understanding of the challenges faced by rural populations; (6) identify disparities in the availability of health care and public health interventions for populations living in rural areas; (7) administer grants, cooperative agreements, and contracts to provide technical assistance and other activities as necessary to support activities related to improving health and health care in rural areas; and (8) perform such other functions and duties as the Secretary determines appropriate. (c) Definitions In this section: (1) The term Office , except as otherwise specified, means the Office of Rural Health established pursuant to subsection (a). (2) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2022 and each subsequent fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s3149is/xml/BILLS-117s3149is.xml |
117-s-3150 | II 117th CONGRESS 1st Session S. 3150 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mrs. Shaheen (for herself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the United States Postal Service to designate a single, unique ZIP code for Swanzey, New Hampshire.
1. Single, unique ZIP code for Swanzey, New Hampshire Not later than 180 days after the date of enactment of this Act, the United States Postal Service shall designate a single, unique ZIP code applicable to the area encompassing only Swanzey, New Hampshire, in its entirety. | https://www.govinfo.gov/content/pkg/BILLS-117s3150is/xml/BILLS-117s3150is.xml |
117-s-3151 | II 117th CONGRESS 1st Session S. 3151 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Cruz (for himself, Mr. Johnson , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit a report to Congress on the designation of the Muslim Brotherhood as a foreign terrorist organization, and for other purposes.
1. Short title This Act may be cited as the Muslim Brotherhood Terrorist Designation Act . 2. Sense of Congress It is the sense of Congress that— (1) the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); and (2) the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should exercise the Secretary of State's statutory authority by designating the Muslim Brotherhood as a foreign terrorist organization. 3. Report on designation of the Muslim Brotherhood as a foreign terrorist organization (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Foreign Relations of the Senate; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Banking, Housing, and Urban Affairs of the Senate; (G) the Committee on Homeland Security of the House of Representatives; (H) the Committee on Armed Services of the House of Representatives; (I) the Committee on Foreign Affairs of the House of Representatives; (J) the Permanent Select Committee on Intelligence of the House of Representatives; (K) the Committee on the Judiciary of the House of Representatives; and (L) the Committee on Financial Services of the House of Representatives. (2) 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) ). (b) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the intelligence community, shall submit a detailed report to the appropriate congressional committees that— (1) indicates whether the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); and (2) if the Secretary of State determines that the Muslim Brotherhood does not meet the criteria referred to in paragraph (1), includes a detailed justification as to which criteria have not been met. (c) Form The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s3151is/xml/BILLS-117s3151is.xml |
117-s-3152 | II 117th CONGRESS 1st Session S. 3152 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy Act of 2005 to disqualify certain borrowers from receiving a guarantee for a project, and for other purposes.
1. Disqualification of borrowers who have previously defaulted (a) Incentives for innovative technologies Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended— (1) by redesignating subsections (i) through (q) as subsections (j) through (r), respectively; and (2) by inserting after subsection (h) the following: (i) Disqualification for previous defaults The Secretary may not make a guarantee under this title for a project if the borrower has previously defaulted on an obligation guaranteed under this title. . (b) Advanced technology vehicles manufacturing incentive program Section 136(d) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013(d) ) is amended by adding at the end the following: (5) Disqualification for previous defaults The Secretary may not provide a loan under this subsection to an applicant for the loan if the applicant has previously defaulted on a loan provided under this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s3152is/xml/BILLS-117s3152is.xml |
117-s-3153 | II 117th CONGRESS 1st Session S. 3153 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Cruz (for himself, Mr. Tillis , Mr. Braun , Mr. Barrasso , Mr. Toomey , Mr. Lankford , and Mr. Inhofe ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss.
1. Short title This Act may be cited as the Capital Gains Inflation Relief Act of 2021 . 2. Indexing of certain assets for purposes of determining gain or loss (a) In General Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by redesignating section 1023 as section 1024 and by inserting after section 1022 the following new section: 1023. Indexing of certain assets for purposes of determining gain or loss (a) General rule (1) Indexed basis substituted for adjusted basis Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. (2) Exception for depreciation, etc The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. (3) Written documentation requirement Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. (b) Indexed asset (1) In general For purposes of this section, the term indexed asset means— (A) any common stock in a C corporation (other than a foreign corporation), (B) any digital asset, or (C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). (2) Stock in certain foreign corporations included For purposes of this section— (A) In general The term indexed asset includes common stock in a foreign corporation which is regularly traded on an established securities market. (B) Exception Subparagraph (A) shall not apply to— (i) stock of a foreign investment company, (ii) stock in a passive foreign investment company (as defined in section 1296), (iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and (iv) stock in a foreign personal holding company. (C) Treatment of American depository receipts An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. (3) Digital asset For purposes of this section, the term digital asset means any natively electronic asset which— (A) is recorded on a cryptographically secured distributed ledger, and (B) is designed to confer only economic or access rights. (c) Indexed basis For purposes of this section— (1) General rule The indexed basis for any asset is— (A) the adjusted basis of the asset, increased by (B) the applicable inflation adjustment. (2) Applicable inflation adjustment The applicable inflation adjustment for any asset is an amount equal to— (A) the adjusted basis of the asset, multiplied by (B) the percentage (if any) by which— (i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds (ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest 1/10 of 1 percentage point. (3) Gross domestic product deflator The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). (d) Suspension of holding period where diminished risk of loss; treatment of short sales (1) In general If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk. (2) Short sales (A) In general In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. (B) Short sale period For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. (e) Treatment of regulated investment companies and real estate investment trusts (1) Adjustments at entity level (A) In general Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). (B) Exception for corporate shareholders Under regulations— (i) in the case of a distribution by a qualified investment entity (directly or indirectly) to a corporation— (I) the determination of whether such distribution is a dividend shall be made without regard to this section, and (II) the amount treated as gain by reason of the receipt of any capital gain dividend shall be increased by the percentage by which the entity’s net capital gain for the taxable year (determined without regard to this section) exceeds the entity’s net capital gain for such year determined with regard to this section, and (ii) there shall be other appropriate adjustments (including deemed distributions) so as to ensure that the benefits of this section are not allowed (directly or indirectly) to corporate shareholders of qualified investment entities. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. (C) Exception for qualification purposes This section shall not apply for purposes of sections 851(b) and 856(c). (D) Exception for certain taxes imposed at entity level (i) Tax on failure to distribute entire gain If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). (ii) Other taxes This section shall not apply for purposes of determining the amount of any tax imposed by paragraph (4), (5), or (6) of section 857(b). (2) Adjustments to interests held in entity (A) Regulated investment companies Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as— (i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to (ii) the average of the fair market values of all assets held by such company at the close of each such month. (B) Real estate investment trusts Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as— (i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to (ii) the fair market value of all assets held by such trust at the close of such quarter. (C) Ratio of 80 percent or more If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. (D) Ratio of 20 percent or less If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. (E) Look-thru of partnerships For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. (3) Treatment of return of capital distributions Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. (4) Qualified investment entity For purposes of this subsection, the term qualified investment entity means— (A) a regulated investment company (within the meaning of section 851), and (B) a real estate investment trust (within the meaning of section 856). (f) Other pass-Thru entities (1) Partnerships (A) In general In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. (B) Special rule in the case of section 754 elections In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect— (i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and (ii) with respect to the transferee partner, the partnership’s holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. (2) S corporations In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. This section shall not apply for purposes of determining the amount of any tax imposed by section 1374 or 1375. (3) Common trust funds In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. (4) Indexing adjustment disregarded in determining loss on sale of interest in entity Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. (g) Dispositions between related persons (1) In general This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. (2) Related persons defined For purposes of this section, the term related persons means— (A) persons bearing a relationship set forth in section 267(b), and (B) persons treated as single employer under subsection (b) or (c) of section 414. (h) Transfers To increase indexing adjustment If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. (i) Special rules For purposes of this section— (1) Treatment of improvements, etc If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation— (A) such addition shall never be taken into account under subsection (c)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and (B) such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. (2) Assets which are not indexed assets throughout holding period The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. (3) Treatment of certain distributions A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. (4) Section cannot increase ordinary loss To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. (5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. (j) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Clerical amendment The table of sections for part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 1023 and by inserting after the item relating to section 1022 the following new item: Sec. 1022. Indexing of certain assets for purposes of determining gain or loss. Sec. 1023. Cross references. . (c) Effective date The amendments made by this section shall apply to indexed assets acquired by the taxpayer after December 31, 2021, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s3153is/xml/BILLS-117s3153is.xml |
117-s-3154 | II 117th CONGRESS 1st Session S. 3154 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Daines (for himself, Mr. Burr , Mr. Lankford , Mrs. Hyde-Smith , Mr. Marshall , Mr. Tuberville , Mr. Cotton , Mr. Kennedy , Mr. Lee , Mrs. Blackburn , Mr. Johnson , Mr. Cassidy , Ms. Lummis , Mr. Braun , Mr. Cramer , Mr. Hoeven , Mr. Young , Mr. Toomey , Mr. Rubio , Ms. Ernst , Mr. Grassley , Mr. Boozman , Mr. Wicker , Mrs. Capito , Ms. Collins , Mr. Risch , Mr. Crapo , Mr. Barrasso , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit cash settlements resulting from the lawful application of the zero tolerance policy.
1. Short title This Act may be cited as the Prohibiting Taxpayer Funded Settlements for Illegal Immigrants Act . 2. Prohibition of cash settlements resulting from the lawful application of the zero tolerance policy for violations of section 275 (a) of the Immigration and Nationality Act Notwithstanding any other provision of law, no Federal funds may be used for settlement payments to individuals who, as a result of their violation of section 275(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) ), and in accordance with the policy described in the memorandum of the Attorney General regarding Zero-Tolerance for Offenses Under 8 U.S.C. § 1325(a) , issued on April 6, 2018, were detained by U.S. Customs and Border Protection if such payments are intended to compensate such individuals for being separated from family members during such detention. | https://www.govinfo.gov/content/pkg/BILLS-117s3154is/xml/BILLS-117s3154is.xml |
117-s-3155 | II 117th CONGRESS 1st Session S. 3155 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Menendez (for himself, Mr. Leahy , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to individuals responsible for the death of Jamal Khashoggi, to protect human rights in the sale, export, and transfer of defense articles and defense services to Saudi Arabia, and for other purposes.
1. Short title This Act may be cited as the Jamal Khashoggi Human Rights Act . 2. Findings Congress makes the following findings: (1) On October 2, 2018, Washington Post journalist Jamal Khashoggi was murdered by agents of the Government of Saudi Arabia in the consulate of Saudi Arabia in Istanbul, Turkey, after having been monitored through commercial surveillance software. (2) In 2019, the Department of Justice charged 2 Saudi Arabian former employees of Twitter with acting as illegal agents of the Government of Saudi Arabia, using their employee access to obtain private information on dissidents and critics of Saudi Arabia at the behest of that Government, and, according to public reporting and human rights groups, the Government of Saudi Arabia has also used commercial spyware to monitor the movements and communications of dozens of activists and journalists around the world and in the United States. (3) On July 30, 2019, the Committee on Foreign Relations of the Senate approved, in a bipartisan vote, S. 398, 116th Congress, known as the Saudi Arabia Accountability and Yemen Act of 2019, which required, among other things, the imposition of sanctions on any person involved in the death of Jamal Khashoggi. (4) The National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1198), enacted on December 20, 2019, required the Director of National Intelligence to submit to Congress a report including the identification of those who carried out, participated in, ordered, or were otherwise complicit in or responsible for the death of Jamal Khashoggi. (5) On February 26, 2021, consistent with the National Defense Authorization Act for Fiscal Year 2020, the Director of National Intelligence released a report entitled Assessing the Saudi Government’s Role in the Killing of Jamal Khashoggi , concluding that Saudi Crown Prince Mohammed bin Salman approved the operation that killed Khashoggi. The Director's report also identified other senior officials of the Government of Saudi Arabia who participated in, ordered, or were otherwise complicit in or responsible for the death of Jamal Khashoggi on behalf of Muhammad bin Salman . (6) Section 7031(c) of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) requires the Secretary of State to deny entry into the United States of officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in … a gross violation of human rights . (7) Section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ) prohibits weapons transfers to foreign countries determined by the President to be engaged in a pattern of acts of intimidation or harassment directed against individuals in the United States . (8) In February 2020, the Federal Bureau of Investigation declassified its assessment that officials of the Government of Saudi Arabia almost certainly assist United States-based [citizens of Saudi Arabia] in fleeing the United States because of legal issues, undermining the United States judicial process . (9) Section 502B(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(a)(3) ) directs the President to formulate and conduct international security assistance programs of the United States in a manner which will avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms . (10) Secretary of State Antony Blinken has affirmed the United States national interest in preventing authoritarian foreign governments from reaching beyond their borders to intimidate or harm persons within the United States, stating, As a matter of safety for all within our borders, perpetrators targeting perceived dissidents on behalf of any foreign government should not be permitted to reach American soil … We have made absolutely clear that extraterritorial threats and assaults by Saudi Arabia against activists, dissidents, and journalists must end. . 3. Imposition of sanctions with respect to persons responsible for the death of Jamal Khashoggi (a) In general On and after the date that is 90 days after the date of the enactment of this Act, all persons named in the qualifying report shall be subject to the same sanctions as a person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (b) National security waiver (1) In general The President may, on a case-by-case basis, waive for a period of not more than 90 days the imposition of sanctions under subsection (a) with respect to a person if the President submits to the appropriate congressional committees— (A) a written determination that the waiver is vital to the national security interests of the United States; (B) a detailed explanation of how the waiver is vital to those interests; and (C) a certification that the Government of Saudi Arabia is making significant progress toward meeting the following criteria: (i) The Government of Saudi Arabia has brought to justice officials of the Government of Saudi Arabia and members of the royal family of Saudi Arabia named in the qualifying report. (ii) The Government of Saudi Arabia is not detaining, charging, or imposing travel bans on citizens or legal residents of the United States or any other third country for political reasons, including criticism of policies of that Government, peaceful advocacy of political beliefs, or the pursuit of United States citizenship. (iii) The Government of Saudi Arabia is cooperating in outstanding criminal proceedings in the United States in which a citizen or national of Saudi Arabia departed from the United States while the citizen or national was awaiting trial or sentencing for a criminal offense committed in the United States. (iv) The Government of Saudi Arabia is not detaining, charging, or imposing travel bans on citizens of Saudi Arabia, including civil society activists, journalists, bloggers, lawyers, or religious figures, for political reasons, including criticism of policies of that Government or peaceful advocacy of political beliefs. (v) The Government of Saudi Arabia has disbanded any units of its intelligence or security apparatus dedicated to the forced repatriation of dissidents or critical voices in other countries. (vi) The Government of Saudi Arabia has made meaningful commitments to a multilateral framework on the lawful use, sale, and transfer of digital surveillance items and services that can be used to abuse human rights. (vii) The Government of Saudi Arabia has instituted meaningful legal reforms to protect the rights of freedom of expression, religion, and due process, and women’s rights, in its judicial system. (2) Renewal A waiver issued under paragraph (1) with respect to an individual may be renewed, on a case-by-case basis, if the President submits to the appropriate congressional committees, with respect to each such waiver, the determination, explanation, and certification required under paragraph (1). (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives. (2) Qualifying report The term qualifying report means the report issued by the Office of the Director of National Intelligence entitled Assessing the Saudi Government’s Role in the Killing of Jamal Khashoggi , dated February 11, 2021, and declassified by Director of National Intelligence Avril D. Haines on February 25, 2021. 4. Report on and suspension of assistance for incidents of arbitrary detention, violence, and state-sanctioned harassment by the Government of Saudi Arabia against United States persons and family members (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees a report on incidents of arbitrary detention, violence, and state-sanctioned harassment committed by the Government of Saudi Arabia against United States persons, or their family members who are not United States persons, in the United States or foreign countries. (2) Matters to be included Each report required by paragraph (1) shall include the following: (A) A detailed description of the incidents described in paragraph (1) that took place during the 1-year period preceding the date on which the report is submitted. (B) A certification of whether Saudi Arabia is engaging in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States for purposes of section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ). (C) A description of any actions taken to deter incidents of intimidation or harassment committed by the security agencies of such Government against United States persons and their family members who are not United States persons. (3) Form Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. (b) Suspension of assistance If the President determines in any report submitted under subsection (a) that the Government of Saudi Arabia has engaged in a pattern of acts of intimidation or harassment directed against United States persons or their family members who are not United States persons, the President shall cancel or suspend any letter of offer, credit, guarantee, or export license with the Government, in compliance with section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ), until such time as the President determines that the pattern of acts of intimidation or harassment has ceased. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) United states person The term United States person means— (A) a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such entity. 5. Protection of human rights in the sale, export, and transfer of defense articles and defense services to Saudi Arabia (a) Assessment and certifications required (1) In general Not later than 30 days before any letter of offer to sell a defense article or defense service controlled for export to Saudi Arabia is concluded, or any license to export or transfer such an article or service to Saudi Arabia is authorized, the Secretary of State shall transmit to the appropriate congressional committees the following: (A) An assessment by the Secretary of the risk that the article or service will be used in the commission of violations of international humanitarian law or internationally recognized human rights. (B) A certification that the Government of Saudi Arabia has provided a written commitment not to use such article or service in the commission, or to enable the commission, of a violation of international humanitarian law or internationally recognized human rights. (C) A certification that an effective end-use monitoring program will be instituted to ensure that such article or service is not used to violate international humanitarian law or internationally recognized human rights. (D) A certification that the United States Government has secured the legal right to require the return of any United States-origin defense article sold, exported, or transferred to Saudi Arabia if the article has been used in the commission, or has enabled the commission, of a violation of international humanitarian law or internationally recognized human rights. (2) Biannual report on end-use monitoring On a biannual basis, the Secretary shall submit to the appropriate congressional committees a report on the results of the end-use monitoring program described in paragraph (1)(C). (b) Restriction on services (1) In general No export license may be issued and no letter of offer may be concluded by the United States Government for the provision of services for military, paramilitary, security, or intelligence-gathering activities to Saudi Arabia. (2) Exceptions The restriction under paragraph (1) shall not apply to the provision, under the supervision and monitoring of United States Government personnel, of logistics, supply, repair, support, or training services associated with the lawful export of defense articles, or training in support of those services, upon certification by the Secretary of State to the appropriate committees of Congress that such services will not be used in the surveillance or harassment of activists, critics of the Government of Saudi Arabia, journalists, bloggers, lawyers, and religious figures in Saudi Arabia. (3) End-use monitoring Beginning not later than 45 days after the date of the enactment of this Act, and thereafter on a quarterly basis, the Secretary shall— (A) verify whether any defense services provided pursuant to export licenses or other authorizations are enabling the provision of services described in paragraph (1); and (B) submit to the appropriate congressional committees a report on the results of such verification. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives. (2) Defense article; defense service The terms defense article and defense service have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). 6. Briefings and report on use of commercial surveillance technology against journalists (a) Briefings Not later than 60 days after the date of the enactment of this Act and periodically thereafter upon request, the Secretary of State, the Chief Executive Officer of the United States Agency for Global Media, and the heads of other relevant agencies shall provide briefings to the appropriate congressional committees on— (1) the utilization by foreign governments, including the Government of Saudi Arabia, of commercially available cyberintrusion and other surveillance technology to target journalists, media companies, dissidents and activists, and United States persons and interests; and (2) the efforts the executive branch is taking to combat such utilization. (b) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on— (A) the utilization by foreign governments, including the Government of Saudi Arabia, of commercially available cyberintrusion and other surveillance technology to target journalists, media companies, dissidents and activists, and United States persons and interests; and (B) the efforts the executive branch is taking to combat such utilization. (2) Form Thereport required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. 7. Jamal Khashoggi Press Freedom Award (a) Establishment of award The Secretary of State may annually present the Jamal Khashoggi Press Freedom Award (referred to in this section as the Award ) to not more than 5 individuals or organizations who have demonstrated extraordinary efforts in journalism in the face of harassment, detention, prosecution, or obstruction by foreign governments or non-state actors. (b) Eligible recipients To the maximum extent practicable, the Secretary of State shall present the Award to— (1) individuals who are United States citizens or foreign nationals; and (2) domestic or foreign private, nongovernmental organizations. (c) Selection procedure The Secretary of State shall establish procedures for selecting recipients of the Award. (d) Report The Secretary of State shall submit an annual report to the appropriate congressional committees that— (1) lists the recipients of the Award for that year; and (2) explains the procedures for selecting such recipients. (e) Award ceremony (1) In general The Secretary of State shall host an annual ceremony for recipients of the Award as soon as practicable after the date on which the Secretary submits the report required under subsection (d). (2) Travel expenses The Secretary of State may pay the reasonable travel costs incurred by each Award recipient and his or her guest to attend the ceremony. (f) Authorization of appropriations There are authorized to be appropriated, for each of the fiscal years 2022 through 2027, such sums as may be necessary to carry out this section. (g) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s3155is/xml/BILLS-117s3155is.xml |
117-s-3156 | II 117th CONGRESS 1st Session S. 3156 IN THE SENATE OF THE UNITED STATES November 3, 2021 Ms. Klobuchar (for herself, Ms. Smith , Mr. Murphy , Mr. Van Hollen , Ms. Warren , Ms. Stabenow , and Mr. Durbin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require Federal agencies to maintain plans for responding to, mitigating, and adapting to climate change, and for other purposes.
1. Short title This Act may be cited as the Federal Agency Climate Planning, Resilience, and Enhanced Preparedness Act of 2021 or the Federal Agency Climate PREP Act of 2021 . 2. Climate action plans (a) Agency climate action plans required Not later than 1 year after the date of enactment of this Act, the head of each agency shall submit to the Director an agency climate action plan. (b) Contents of plan Each agency climate action plan submitted pursuant to subsection (a) shall include the following: (1) An identification and assessment of climate change-related impacts on and risks to the ability of the agency to accomplish its missions, operations, and programs. (2) A description of programs, policies, and plans the agency has in place and any additional action the agency plans to take to mitigate and manage the impacts and risks identified in paragraph (1) and build resilience, both immediately and at milestones that are 2, 5, 10, and 20 years after the date of enactment of this Act. (3) A description of how any climate change-related impact and risk identified under paragraph (1) that is determined by the agency to be so significant that it impairs the statutory mission or operation of the agency will be addressed. (4) An assessment of whether implementation of any of the programs, policies, or plans of the agency exacerbates climate change-related impacts and risks. (5) A description of how the agency will consider the need to improve climate change adaptation and resilience, including— (A) an assessment that monetizes the costs and benefits of such improvement, including the value of climate change adaptation, resilience, and mitigation; and (B) with respect to agency suppliers, supply chains, real property investments, and capital equipment purchases, such as updating agency policies for leasing, building upgrades, relocation of existing facilities and equipment, and construction of new facilities. (6) In the case of the implementation of a program that uses cost-benefit analyses, a description of any additional methodologies used by the agency to incorporate climate change risks into the cost-benefit analyses, including the metrics and methodologies used. (7) An assessment of the efforts of the agency to reverse the disproportionate impacts of climate change on disadvantaged communities and vulnerable populations, including— (A) a description of opportunities identified to reverse those impacts; (B) a description of progress made in reversing those impacts; and (C) a description of the methodology of the agency for actively and widely soliciting and receiving input and feedback directly from those communities and populations regarding the opportunities and progress described in subparagraphs (A) and (B). (8) A description of how the agency will promote the preparedness and resilience of the Federal workforce with respect to climate change. (9) A description of how the agency will contribute to coordinated interagency efforts to support climate change mitigation, preparedness, and resilience at all levels of government, including collaborative work across regional offices of agencies and through coordinated development of information, data, and tools. (c) Progress reports The head of each agency shall submit to the Director an annual report on the implementation of the agency climate action plans required pursuant to subsection (a), including updated identification and assessments of climate change-related impacts and risks. 3. Council on Federal Agency Climate Planning, Resilience, and Enhanced Preparedness (a) Establishment There is established an interagency council, to be known as the Council on Federal Agency Climate Planning, Resilience, and Enhanced Preparedness or the Council on Federal Agency PREP (referred to in this section as the Council ). (b) Leadership The Director shall— (1) serve as the Chair of the Council; and (2) be guided as Chair of the Council by a steering committee (referred to in this section as the steering committee ), which shall help to determine the priorities and strategic direction of the Council in accordance with subsection (f), composed of— (A) the National Climate Advisor established under section 4(b); (B) the Chair of the Council on Environmental Quality; and (C) the Director of the Office of Science and Technology Policy. (c) Members In addition to the Director and members of the steering committee, the Council shall be composed of the following members who are senior officials (Deputy Secretary or equivalent officer) from the following: (1) The Department of State. (2) The Department of the Treasury. (3) The Department of Defense. (4) The Department of Justice. (5) The Department of the Interior. (6) The Department of Agriculture. (7) The Department of Commerce. (8) The Department of Labor. (9) The Department of Health and Human Services. (10) The Department of Housing and Urban Development. (11) The Department of Transportation. (12) The Department of Energy. (13) The Department of Education. (14) The Department of Veterans Affairs. (15) The Department of Homeland Security. (16) The United States Agency for International Development. (17) The Corps of Engineers. (18) The Environmental Protection Agency. (19) The General Services Administration. (20) The Millennium Challenge Corporation. (21) The National Aeronautics and Space Administration. (22) The Small Business Administration. (23) The Corporation for National and Community Service. (24) The Office of Personnel Management. (25) The Nuclear Regulatory Commission. (26) The Office of the Director of National Intelligence. (27) The Council of Economic Advisers. (28) The National Economic Council. (29) The Domestic Policy Council. (30) The White House Office of Public Engagement and Intergovernmental Affairs. (31) The United States Trade Representative. (32) Such other agencies or offices as the President or Director shall designate. (d) Administration (1) In general The Office of Management and Budget shall provide administrative support and additional resources, as appropriate, to the Council. (2) Agency assistance Agencies shall assist and provide information to the Council determined to be necessary by the Chair to carry out the functions of the Council. (3) Participation costs Each agency represented on the Council shall pay its own expenses related to participating as members of the Council. (e) Council structure The Director and the steering committee may establish task forces and working groups within the Council as needed. (f) Mission and function of the Council The Council, in partnership with State and local governments, academic and research institutions, and the private and nonprofit sectors, shall coordinate with Federal agencies and offices to do the following: (1) Facilitate the organization and deployment of a government-wide approach to combat the climate crisis. (2) Develop, recommend, coordinate interagency efforts on, and track implementation of Federal Government actions— (A) to reduce climate pollution; (B) to increase resilience to the impacts of climate change; (C) to protect public health; (D) to conserve land, water, oceans, and biodiversity; (E) to deliver environmental justice; and (F) to spur well-paying union jobs and economic growth. (3) Provide expertise to assist regional, State, and local action— (A) to reduce climate pollution; (B) to increase resilience to the impacts of climate change; (C) to protect public health; (D) to conserve land, water, oceans, and biodiversity; (E) to deliver environmental justice; and (F) to spur well-paying union jobs and economic growth. (4) Integrate climate change science in policies and planning, where appropriate, for agencies and the private sector, including by developing and deploying innovative, actionable, and accessible Federal climate change related information, data, and tools. (5) To the extent permitted by law, prioritize action on climate change in policymaking, budget processes, contracting and procurement, and engagement with governments, workers, communities, and the private sector. (6) Such other actions as the Director may determine necessary. 4. White House Office of Domestic Climate Policy (a) Establishment There is established, within the Executive Office of the President, the Office of Domestic Climate Policy (referred to in this section as the Office ). (b) National Climate Advisor (1) In general The Office shall be headed by the National Climate Advisor (referred to in this section as the Advisor ), whom shall be appointed by the President. (2) Position The Advisor shall hold office at the pleasure of the President. (3) Pay and allowances The Advisor shall be entitled to receive the same pay and allowances as is provided for level II of the Executive Schedule under section 5313 of title 5, United States Code. (4) Duties of the National Climate Advisor Subject to the authority, direction, and control of the President, the Advisor shall— (A) coordinate the policymaking process with respect to domestic climate policy issues; (B) coordinate domestic climate policy advice to the President; (C) ensure that— (i) domestic climate policy decisions and programs are consistent with the stated goals of the President; and (ii) those goals are being effectively pursued; and (D) monitor the implementation of the domestic climate policy agenda of the President. (5) Powers of the National Climate Advisor The Advisor may, for the purposes of carrying out the functions of the Advisor under this section— (A) subject to the civil service and classification laws— (i) select, appoint, employ, and fix the compensation of such officers and employees as are necessary; and (ii) prescribe the duties of those officers and employees; (B) (i) employ experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate individuals so employed for each day (including travel time) at rates not in excess of the maximum rate of basic pay for grade GS–15, as provided in section 5332 of that title; and (ii) while those experts and consultants are so serving away from their homes or regular places of business, pay those experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of that title for individuals employed intermittently in the Federal Government service; (C) promulgate such rules and regulations as may be necessary to carry out the functions, powers, and duties vested in the Advisor; (D) enter into and perform under such contracts, leases, cooperative agreements, or other transactions with Federal agencies or any public or private persons or entities as may be necessary in the conduct of the work of the Office, on such terms as the Advisor may determine appropriate; (E) notwithstanding section 1342 of title 31, United States Code, accept voluntary and uncompensated services; (F) adopt an official seal, which shall be judicially noticed; and (G) provide, when authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating to the documents were made. 5. Definitions In this Act: (1) Adaptation The term adaptation means adjustment to natural or human systems in response to actual or expected climate change, including both sudden-onset and slow-onset climate change-related risks or events assessed through historical data, recent climate conditions and risks, and climate change projections, to minimize negative impacts on human health and safety, equity, ecosystems, and the environment. (2) Agency The term agency has the meaning given the term Executive agency under section 105 of title 5, United States Code, but does not include the Government Accountability Office. (3) Climate change The term climate change means the long-term change in the average weather patterns influencing local, regional, and global climates that are primarily driven by human-produced greenhouse gas emissions, and observed through key indicators, including global land and ocean temperature increases, rising sea levels, loss of polar and mountain glacier ice, cloud and vegetation cover changes, and increases in extreme weather, such as hurricanes, heatwaves, wildfires, droughts, floods, and precipitation. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Disadvantaged community The term disadvantaged community means a community that is harmed by environmental, economic, or socioeconomic injustice, including— (A) a community that— (i) has a high concentration of low-income and low-wealth households, including households comprised primarily of members of groups that have historically experienced discrimination on the basis of race, gender, national origin, or ethnicity (including Black, Indigenous, Latino, Arab, Asian, and Pacific Islander communities); or (ii) faces economic transition, deindustrialization, historic underinvestment, or poverty; and (B) a low-income or low-wealth community facing environmental injustice, including any community that, as determined by the Director— (i) is located nearest to an existing area of grave environmental pollution or degradation; (ii) bears a burden of negative public health effects of pollution; (iii) includes one or more sites of— (I) a facility that is part of a polluting industry; (II) a waste dump; or (III) a facility for resource extraction; (iv) experiences a high incidence of climate change-related impacts and disasters; (v) has been excluded or harmed by racist or discriminatory policies that have resulted in economic or health disparities; (vi) faces relocation and resettlement resulting from— (I) climate change; (II) impacts to the environment and ecosystems from climate change; or (III) impacts associated with economic inequities; or (vii) is an Indigenous community. (6) Impact The term impact means consequences, both realized and expected, for natural and human systems. (7) Preparedness The term preparedness means actions taken to plan, organize, equip, train, and exercise to build, apply, and sustain the capabilities necessary to prevent, protect against, ameliorate the effects of, respond to, and recover from climate change-related damages to life, health, property, livelihoods, ecosystems, and national security. (8) Resilience The term resilience means the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions while ensuring the sustainment of mission-critical operations. (9) Risk The term risk means a potential exposure to danger as a result of the impacts of climate change, including a potential exposure to such danger that results from societal constraints that shape adaptation options. (10) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (11) Vulnerable population The term vulnerable population means groups of individuals, including those with underlying health conditions, subject to greater climate change exposure, or adversely impacted by social determinants of health, who experience heightened sensitivity to climate-related health and economic impacts. | https://www.govinfo.gov/content/pkg/BILLS-117s3156is/xml/BILLS-117s3156is.xml |
117-s-3157 | II 117th CONGRESS 1st Session S. 3157 IN THE SENATE OF THE UNITED STATES November 3, 2021 Ms. Klobuchar (for herself, Mr. Cornyn , Mr. Coons , and Ms. Murkowski ) 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 conduct a study of the factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries.
1. Short title This Act may be cited as the Bridging the Gap for New Americans Act . 2. Definitions In this Act: (1) Applicable immigrants and refugees The term applicable immigrants and refugees — (A) means individuals who— (i) (I) are not citizens or nationals of the United States; and (II) are lawfully present in the United States and authorized to be employed in the United States; or (ii) are naturalized citizens of the United States who were born outside of the United States and its outlying possessions; and (B) includes individuals described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 (title VI of division F of Public Law 111–8 ; 8 U.S.C. 1101 note). (2) Other terms Except as otherwise defined in this section, terms used in this Act have the definitions given such terms under section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). 3. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries (a) Study required (1) In general The Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study of the factors affecting employment opportunities in the United States for applicable immigrants and refugees who have professional credentials that were obtained in a country other than the United States. (2) Work with other entities The Secretary of Labor shall seek to work with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities to conduct the study required under paragraph (1). (3) Limitations on disclosure Any information provided to the Secretary of Labor in connection with the study required under paragraph (1)— (A) may only be used for the purposes of, and to the extent necessary to ensure the efficient operation of, such study; and (B) may not be disclosed to any other person or entity except as provided under this subsection. (b) Inclusions The study required under subsection (a)(1) shall include— (1) an analysis of the employment history of applicable immigrants and refugees admitted to the United States during the 5-year period immediately preceding the date of the enactment of this Act, which shall include, to the extent practicable— (A) a comparison of the employment applicable immigrants and refugees held before immigrating to the United States with the employment they obtained in the United States, if any, since their arrival; and (B) the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States; (2) an assessment of any barriers that prevent applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States; (3) an analysis of available public and private resources assisting applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States; and (4) policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States. (c) Report Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall— (1) submit a report to Congress that describes the results of the study conducted pursuant to subsection (a); and (2) make such report publicly available on the website of the Department of Labor. | https://www.govinfo.gov/content/pkg/BILLS-117s3157is/xml/BILLS-117s3157is.xml |
117-s-3158 | II 117th CONGRESS 1st Session S. 3158 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a committee to advise space licensing authorities, and for other purposes.
1. Short title This Act may be cited as the Space Technology Advisory Committee Act of 2021 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Federal Aviation Administration. (2) Application The term application means an application, petition, or other request for a license, including an application, petition, or other request to transfer a license that has already been issued. (3) Commission The term Commission means the Federal Communications Commission. (4) Committee The term Committee means the committee established by section 3(a). (5) Committee advisor The term Committee advisor means an individual described in section 3(b)(2). (6) Committee member The term Committee member means an individual described in section 3(b)(1). (7) Lead member The term lead member means a Committee member designated under section 3(d) to carry out a specific duty of the Committee. (8) License The term license means a license for— (A) a launch site; (B) a launch and reentry vehicle; (C) a commercial spaceport; (D) a commercial Earth remote sensing satellite; or (E) commercial satellite communications. (9) Secretary The term Secretary means the Secretary of Commerce. 3. Committee to advise space licensing authorities (a) Establishment There is established a committee to assist the Administrator, the Secretary, and the Commission in conducting reviews of applications and licenses for the purpose of determining whether granting the applications or maintaining the licenses poses a risk to the national security or law enforcement or public safety interests of the United States. (b) Membership (1) In general The Committee shall be comprised of the following Committee members: (A) The head, or a senior executive-level designee of the head, of each of the following: (i) The Department of Defense. (ii) The Department of Homeland Security. (iii) The Department of Justice. (iv) The Office of the Director of National Intelligence. (v) The Federal Aviation Administration. (vi) The National Space Council. (vii) The Department of Commerce. (B) The head of any other executive department or agency, or any Assistant to the President, as the President considers appropriate. (2) Advisory members In addition to the Committee members, the following individuals shall serve as Committee advisors: (A) The head, or a senior executive-level designee of the head, of each of the following: (i) The Department of State. (ii) The Office of the United States Trade Representative. (iii) The Department of the Treasury. (iv) The Securities and Exchange Commission. (v) The Federal Communications Commission. (vi) The Environmental Protection Agency. (vii) The Department of the Interior. (viii) The Office of Science and Technology Policy. (ix) The Federal Bureau of Investigation. (B) The Assistant to the President for National Security Affairs. (c) Chairperson (1) In general The Secretary of Defense shall serve as the chairperson of the Committee. (2) Exclusive authority The chairperson shall have the exclusive authority to act, or to authorize any other Committee member to act, on behalf of the Committee, including by communicating with the Administrator, the Secretary, the Commission, and applicants and licensees. (d) Lead members The chairperson shall designate one or more Committee members to serve as a lead member for carrying out a Committee duty, consistent with the Committee member's statutory authority. (e) Assistant Secretary for Space Review (1) In general The chairperson shall establish within the Office of the Under Secretary of Defense for Acquisition and Sustainment the position of Assistant Secretary for Space Review, which position shall be principally related to the Committee, as delegated by the Secretary of Defense. (2) Duties The duties of the Assistant Secretary for Space Review shall be— (A) to prioritize the organization and management of Committee meetings; and (B) to produce written archival records of Committee actions. (f) Information sharing and consultation The chairperson and each lead member shall— (1) keep the Committee fully informed of their respective activities on behalf of the Committee; and (2) consult the Committee before taking any material action under this Act. (g) Duties (1) Receipt of applications and licenses The Administrator, the Secretary, and the Commission shall refer all applications and licenses to the Committee, and the Committee shall receive such applications and licenses, for review and determination. (2) Review of applications and licenses (A) In general The Committee shall— (i) conduct a review and assessment of each application and license received; and (ii) with respect to each such application and license— (I) submit questions or requests for information to the applicant, licensee, or any other entity for purposes of the assessment under subclause (II); (II) assess whether granting the application or maintaining the license would pose a risk to the national security or law enforcement or public safety interests of the United States; (III) in the case of an application or a license with respect to which the Committee determines such a risk exists, determine whether, as applicable— (aa) the application should be granted or denied; or (bb) the license should be maintained or revoked; and (IV) in the case of an application or license determined to pose such a risk that may be addressed through approval with conditions— (aa) not later than 30 days after the date on which the Committee receives such application or license for review, propose to the Administrator, the Secretary, or the Commission, as applicable, the measures necessary to address the risk, and recommend that the application only be granted, or the license only maintained, on the condition of compliance by the applicant or licensee with such measures; (bb) if the Administrator, the Secretary, or the Commission approves the measures proposed under item (aa) and grants the application, or maintains the license, communicate with the applicant or licensee with respect to such measures; and (cc) monitor compliance with such measures. (B) Timeline Not later than 30 days after the date on which the chairperson determines under paragraph (4) that the response of the applicant or licensee to any question or information request is complete, the Committee shall complete the review under this paragraph. (C) Notification The chairperson shall notify the Administrator, the Secretary, or the Commission, as applicable, of any application or license determined by the Committee to warrant a secondary assessment. (3) Secondary assessment of applications and licenses (A) In general The Committee shall— (i) conduct a secondary assessment of any application or license determined by the Committee to pose a risk to the national security or law enforcement or public safety interests of the United States that cannot be addressed through standard mitigation measures; and (ii) with respect to each such application or license— (I) submit additional questions or requests for information to the applicant, licensee, or any other entity to determine whether there are unresolved concerns; and (II) make a recommendation to the Administrator, the Secretary, or the Commission, as applicable, on whether the application should be denied or the license should be revoked. (B) Timeline Not later than 90 days after the date on which the Committee determines that a secondary assessment under this paragraph is warranted, the Committee shall complete the assessment. (C) Notification The chairperson, in coordination with the Administrator, the Secretary, or the Commission, as applicable, shall notify the National Security Council and the President of any application or license with respect to which the Committee recommends a denial or revocation. (4) Requests for additional information (A) In general Not later than 15 days after receiving a response to questions or requests for additional information submitted to an applicant, licensee, or any other entity pursuant to an review under paragraph (2) or a secondary assessment under paragraph (3), the Committee shall— (i) make a determination as to whether such response is complete; and (ii) notify the Administrator, the Secretary, or the Commission, as applicable, of such determination. (B) Failure to respond (i) In general In the case of an applicant, licensee, or other entity that fails to respond to such questions or requests for additional information, the Committee may make a recommendation to the Administrator, the Secretary, or the Commission, as applicable— (I) to deny the application concerned without prejudice; or (II) to rescind the license concerned. (ii) Notification (I) Extension The chairperson shall notify the Administrator, the Secretary, or the Commission, as applicable, of any extension of the review or secondary assessment period. (II) Denial The chairperson, in coordination with the Administrator, the Secretary, or the Commission, as applicable, shall notify the National Security Council and the President of any recommendation by the Committee to deny an application or rescind a license. (C) Confidentiality Information submitted to the Committee shall not be disclosed to any individual or entity outside the departments or agencies of Committee members and Committee advisors, except as appropriate and consistent with procedures governing the handling of classified or otherwise privileged information. (5) Notification of no objections If the Committee does not have a recommendation or an objection to granting an application or maintaining a license, the Committee shall so notify the Administrator, the Secretary, or the Commission, as applicable. (6) Other duties The Committees shall conduct other related duties, as the chairperson considers appropriate. 4. Threat analysis With respect to each application and license reviewed by the Committee, the Director of National Intelligence, in coordination with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), shall issue a written assessment of any threat to the national security interests of the United States posed by granting the application or maintaining the license. | https://www.govinfo.gov/content/pkg/BILLS-117s3158is/xml/BILLS-117s3158is.xml |
117-s-3159 | II 117th CONGRESS 1st Session S. 3159 IN THE SENATE OF THE UNITED STATES November 3, 2021 Ms. Ernst (for herself, Mr. Rubio , Mr. Braun , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To restrict the use of Federal Funds for gain-of-function research in the People's Republic of China.
1. Short title This Act may be cited as the Fairness and Accountability in Underwriting Chinese Institutions Act or the FAUCI Act . 2. Restrictions on Federal funding of certain gain-of-function research (a) Gain-of-Function research definition 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) Funding limitations (1) In general Notwithstanding any other provision of law, no Federal funding may be made available for any purpose, including under any contract, grant, subgrant, or other assistance, to laboratories or research institutions in the People’s Republic of China for the purposes of gain-of-function research. (2) Certification Any recipient of Federal funding for the purposes of scientific research shall certify to the issuing authority that such recipient will not distribute any such Federal funds, whether directly or through subgrants, to any qualifying laboratory or research institution that is in the People’s Republic of China or that receives any funding from the People's Republic of China, for the purposes of gain-of-function research. (c) Penalty for lack of candor With respect to any official or employee of the National Institutes of Health, or grantee or employee or contractor of a grantee of the National Institutes of Health, who is determined by the Inspector General of the Department of Health and Human Services to have intentionally misled, or omitted information in a disclosure to, Congress, the National Institutes of Health, or any relevant Inspector General about the direction, scope, or extent of Federal funding of international gain-of-function research, in addition to being subject to all other applicable criminal penalties— (1) such person shall not be eligible for any new Federal grant or other funding; (2) if such person previously received a Federal grant or other funding, such grant or other funding shall be immediately terminated and any unexpended funds shall be rescinded; and (3) such person shall not be eligible for Federal employment. (d) Report required Not later than 30 months after the date of enactment of this Act, the Office of Science and Technology Policy, in consultation with the Department of Health and Human Services, the Department of Homeland Security, the Department of Justice, the Director of National Intelligence, and the Department of State, shall submit, in both classified and unclassified forms, a report to the appropriate committees of Congress providing an assessment of— (1) the United States capacity to determine the extent of gain-of-function research conducted by any laboratories of research institutions in the People’s Republic of China, including the Wuhan Institute of Virology, and safety protocols followed by laboratories or research institutions in the People’s Republic of China, including the Wuhan Institute of Virology, in conducting any gain-of-function research; (2) the United States capacity to determine whether cooperation or relationships between laboratories or research facilities in the People’s Republic of China conducting gain-of-function research and the People’s Liberation Army exist; (3) costs and potential risks or benefits of any United States cooperation or funding with laboratories or research facilities in the People’s Republic of China conducting gain-of-function research; (4) a recommendation of whether the United States should resume or continue to suspend any cooperation or funding of laboratories or research facilities in the People’s Republic of China conducting gain-of-function research; (5) a list of all gain-of-function research currently being funded with financial support of any agency of the Federal Government, including the purpose, cost, pathogens, and location of research; (6) a detailed list of all Federal funding for research being conducted in or with the People’s Republic of China; and (7) a determination of whether the Chinese laboratories identified in the report have had, or continue to have, a connection to the proliferation of fentanyl and fentanyl-analogues in the United States. (e) National security waiver The President may waive the limitation under subsection (b) with respect to particular research described in such subsection upon a determination that such a waiver would be in the national security interest. Such waiver shall be made publicly available at the time of its issuance. | https://www.govinfo.gov/content/pkg/BILLS-117s3159is/xml/BILLS-117s3159is.xml |
117-s-3160 | II 117th CONGRESS 1st Session S. 3160 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Luján (for himself, Mr. Menendez , Mr. Padilla , Mr. Booker , Mr. Heinrich , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To increase transparency, accountability, and community engagement within the Department of Homeland Security, to provide independent oversight of border security activities, to improve training for agents and officers of U.S. Customs and Border Protection, and for other purposes.
1. Short title This Act may be cited as the Border Accountability, Oversight, and Community Engagement Act . 2. Stakeholder and community engagement (a) Department of Homeland Security Border Oversight Commission (1) Establishment There is established an independent commission, which shall be known as the Department of Homeland Security Border Oversight Commission (referred to in this Act as the Commission ). (2) Organization (A) Leadership The Commission shall be led by a Chair and a Vice Chair. (B) Membership (i) In general The Commission shall be composed of 30 members, who— (I) shall be appointed by the Speaker and the minority leader of the House of Representatives and the majority and minority leaders of the Senate, in consultation with the President; and (II) shall have expertise in migration, local crime indices, civil and human rights, community relations, cross-border trade and commerce, quality of life indicators, or other pertinent experience. (ii) Regional representation Of the 30 members appointed pursuant to clause (i)(I)— (I) 13 members shall be from the northern border region and shall comprise the northern border subcommittee; and (II) 17 members shall be from the southern border region and shall comprise the southern border subcommittee. (iii) Northern border subcommittee Of the 13 members from the northern border region— (I) 2 shall be elected local government officials; (II) 2 shall be local law enforcement officials; (III) 2 shall be civil rights advocates; (IV) 1 shall represent the business community; (V) 1 shall represent institutions of higher education; (VI) 1 shall represent a faith community; (VII) 2 shall be U.S. Border Patrol officers or agents, including at least 1 member of the National Border Patrol Council; and (VIII) 2 shall be tribal officials. (iv) Southern border subcommittee Of the 17 members from the southern border region— (I) 3 shall be elected local government officials; (II) 3 shall be local law enforcement officials; (III) 3 shall be civil rights advocates; (IV) 2 shall represent the business community; (V) 1 shall represent institutions of higher education; (VI) 1 shall represent a faith community; (VII) 2 shall be U.S. Border Patrol officers or agents, including at least 1 member of the National Border Patrol Council; and (VIII) 2 shall be tribal officials. (v) Chair; vice chair The members of the Commission shall elect a Chair and a Vice Chair from among its members by a majority vote of at least 16 members. (vi) Terms of service The Chair and the Vice Chair of the Commission shall serve 4-year terms in such positions. Members of the Commission shall also serve 4-year terms. (vii) Appointment deadline Congress shall make the initial appointments to the Commission not later than 180 days after the date of the enactment of this Act. (3) Meetings (A) Commission The Commission shall meet at least semiannually and may convene additional meetings as necessary. (B) Subcommittees The northern border and southern border subcommittees shall meet at least quarterly, and may convene additional meetings, as necessary. (4) Duties The Commission, the northern border subcommittee, and the southern border subcommittee shall— (A) develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration their impact on border communities; (B) evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern United States borders— (i) to protect— (I) due process; (II) the civil and human rights of border residents and visitors; and (III) private property rights of land owners; (ii) to reduce the number of migrant deaths; and (iii) to improve the safety of agents and officers of U.S. Customs and Border Protection; (C) develop recommendations for improvements regarding the safety of agents and officers of U.S. Customs and Border Protection while such agents and officers are in the field; and (D) evaluate training and establish training courses related to— (i) management and leadership skills for supervisors in each U.S. Border Patrol sector, at each port of entry on the northern and southern United States borders; and (ii) the extent to which supervisory and management personnel practices at U.S. Customs and Border Protection— (I) encourage and facilitate workforce development for agents and officers; and (II) promote agent and officer field safety and post-Federal Law Enforcement Training Center (referred to in this Act as FLETC ) training of border enforcement personnel in accordance with section 6. (5) Additional responsibilities (A) In general In carrying out the duties set forth in paragraph (4), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border subcommittee and the southern border subcommittee. (B) Subcommittee reports The northern border subcommittee and the southern border subcommittee shall each— (i) submit an annual report to the Chair and Vice Chair of the Commission that contains the recommendations and evaluations of the subcommittees referred to in paragraph (4); and (ii) make each such report available to the public. (6) Prohibition on compensation Members of the Commission may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Commission or either of its subcommittees. (b) Hearings and evidence The Commission or, on the authority of the Commission, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act, hold such hearings, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member determines necessary to carry out its duties under subsection (a)(4). (c) Savings provision Nothing in this Act may be construed as affecting the investigative and disciplinary procedures of U.S. Customs and Border Protection or the Department of Homeland Security with respect to agents and officers of U.S. Customs and Border Protection. (d) Reports (1) Annual reports The Commission shall— (A) submit an annual report to the Secretary of Homeland Security that contains information regarding the activities, findings, and recommendations of the Commission, including the northern border subcommittee and the southern border subcommittee, for the preceding year; and (B) make each such report available to the public. (2) Congressional notification The Secretary of Homeland Security shall brief the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives regarding each report received under paragraph (1). 3. Establishment of the Office of the Ombudsman for Border and Immigration Related Concerns (a) In general Subtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 202 et seq. ) is amended by adding at the end the following: 406. Ombudsman for Border and Immigration-Related Concerns (a) In general There shall be within the Department an Ombudsman for Border and Immigration-Related Concerns (referred to in this section as the Ombudsman ). The individual appointed as Ombudsman shall have a background in immigration or civil liberties law or law enforcement and shall report directly to the Secretary. (b) Organizational independence The Secretary shall take appropriate action to ensure the independence of the Ombudsman’s office from other officers or employees of the Department engaged in border security or immigration activities. (c) Staffing The Secretary shall take appropriate action to ensure that the Ombudsman’s office is sufficiently staffed and resourced to carry out its duties effectively and efficiently. (d) Functions The Ombudsman shall— (1) establish an independent, neutral, and appropriately confidential process to receive, investigate, resolve, and provide redress, including immigration relief, monetary damages, or any other action determined appropriate, for complaints, grievances, or requests for assistance from individuals, associations, and employers regarding the border security and immigration activities of the Department; (2) conduct inspections of the facilities, including privately-owned or operated contract facilities, of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services; (3) assist individuals and families who— (A) have been victims of crimes committed by noncitizens present in the United States or of violence near the United States border; or (B) have been impacted by situations in which the Department has exercised force against an individual, including by use of a firearm, electronic control weapon, explosive device, chemical agent, baton, projectile, blunt instrument, body part, canine, or vehicle; (4) identify areas in which individuals, associations, and employers have identified concerns with respect to interacting with U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or U.S. Citizenship and Immigration Services; (5) propose changes in the administrative practices of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services to mitigate problems identified under this section; (6) review, examine, and make recommendations regarding the border security and immigration and enforcement activities of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services; (7) establish a uniform and standardized complaint process regarding complaints against any individual employed by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement for violations of standards of professional conduct that— (A) requires the completion of an independent review and investigation not later than 1 year after the receipt of any such complaint; (B) requires that complainants receive— (i) written confirmation that their complaint was received not later than 60 days after such receipt; and (ii) a written summary regarding the outcome of such complaint not later than 30 days after the completion of the review and investigation under subparagraph (A), including findings of fact, recommended action, and available redress; (C) features— (i) a centralized multilingual online complaint form that includes street address, toll-free telephone number, and electronic mailbox address to permit an individual to file an immigration or border-related complaint and submit supporting evidence through the portal of choice of any such individual; and (ii) the posting of multilingual information relating to such form at ports of entry and at U.S. Border Patrol interior checkpoints; (D) includes procedures for referring complaints to the Office for Civil Rights and Civil Liberties, the Office of the Inspector General, or other appropriate agency of the Department; (E) establishes a publicly accessible national, standardized database capable of tracking and analyzing complaints and their resolution; and (F) provides publicly accessible records, with copies of complaints, and their resolutions permanently preserved and available for inspection, while maintaining the confidentiality of complainants’ identities; and (8) establishes an online detainee locator system for individuals held in U.S. Customs and Border Protection custody. (e) Other responsibilities In addition to the functions specified in subsection (d), the Ombudsman shall— (1) monitor the coverage and geographic allocation of local offices of the Ombudsman, including appointing local ombudsmen for border and immigration related concerns; (2) evaluate and take personnel actions (including dismissal) with respect to any employee of the Ombudsman; (3) recommend disciplinary action, including contract termination, suspension, and debarment, or termination, suspension, and sanctions, to the appropriate departmental entity regarding any contractor proven to have violated departmental policies or procedures while executing any border security or immigration activity; (4) refer to the Inspector General of the Department any complaints of the violation of departmental policies or procedures by any Department employee relating to border security or immigration activity; and (5) provide each complainant with a summary of the outcome of any action taken in response to a complaint, grievance, or request for assistance from such complainant, including any findings of fact, recommended action, and available redress. (f) Complainants (1) Eligibility Any interested party, including a legal representative, may file a complaint through the complaint process established pursuant to subsection (d)(7). (2) Retaliatory action prohibited Complainants and other individuals identified in a complaint submitted under this section shall be protected from retaliatory action by law enforcement or by any officer of the United States based on the content of such complaint. No information contained in a complaint that is germane to such complaint may be used as evidence in any removal or criminal proceedings against the complainant or any individual identified in such complaint. (3) No effect on removal or criminal proceedings Neither the filing of a complaint nor the contents of a complaint shall confer immunity or otherwise impact any removal or criminal proceedings against a complainant or an individual identified in such complaint. (4) Privacy No personally identifiable information related to an individual involved in a complaint which would result in identification of such individual may be published. (5) Assistance All complainants shall receive full assistance from the Department in filing complaints, including language assistance, accommodations for disabilities, and accurate and complete responses to their questions. (g) Request for investigations The Ombudsman may request the Inspector General of the Department to conduct inspections, investigations, and audits related to compliance with subsections (d), (e), and (f). (h) Coordination with Department components (1) In general The Director of U.S. Citizenship and Immigration Services, the Assistant Secretary of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal responses to recommendations submitted to such officials by the Ombudsman not later than 60 days after receiving such recommendations. (2) Access to information The Secretary shall establish procedures to provide the Ombudsman access to all departmental records that are necessary to execute the responsibilities of the Ombudsman under subsection (d) or (e) not later than 60 days after the Ombudsman requests such information. (i) Public outreach The Secretary shall— (1) take all appropriate action to advise the public regarding the existence, duties, responsibilities, and grievance processes of the Ombudsman’s office; and (2) promulgate regulations to ensure— (A) the public’s ability to file grievances with the Ombudsman’s office electronically; and (B) that absent written permission of all affected parties, all documents submitted to the Ombudsman’s office are used solely by the Ombudsman’s office to advance the purposes described in this section. (j) Annual reporting Not later than June 30 of each calendar year beginning after the date of the enactment of the Border Accountability, Oversight, and Community Engagement Act , the Ombudsman shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that includes— (1) the number and type of complaints received under this section; (2) the demographics of the complainants who filed such complaints; (3) the results of the investigations conducted in response to such complaints, including violations of standards and any disciplinary actions taken; (4) the identification of any complaint patterns that could be prevented or reduced by policy training or practice changes; (5) an inventory of complaints received under this section for which action has been taken and the period between the receipt of each such complaint and its resolution; (6) an inventory of complaints received under this section for which action was not taken during the 1-year period immediately following the filing of such complaint, including the period during which each such complaint remained open, and the reason for failing to resolve each such complaint during such 1-year period; (7) recommendations that the Ombudsman has made to improve the services and responsiveness of U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection, and any responses received from each such component or the Department regarding such recommendations; and (8) any other information that the Ombudsman considers relevant to such report. (k) Establishment of Border Communities Liaison Office (1) In general The Ombudsman, in conjunction with the Office for Civil Rights and Civil Liberties of the Department, shall establish a Border Community Liaison Office (referred to in this subsection as the Liaison Office ) in each U.S. Border Patrol sector on the northern and southern borders of the United States. (2) Purposes Each Liaison Office shall— (A) foster cooperation between U.S. Border Patrol, U.S. Customs and Border Protection’s Office of Field Operations, and border communities; (B) consult with border communities regarding the development of policies, directives, and programs of U.S. Border Patrol and the Office of Field Operations; and (C) receive feedback from border communities regarding the performance of U.S. Border Patrol and the Office of Field Operations. (3) Membership Each Liaison Office shall be comprised of equal representation from the border community and U.S. Customs and Border Protection, including not fewer than— (A) 1 member of the community in which each U.S. Border Patrol sector is located who has expertise in migration, local public safety, civil and human rights, the local community, or community relations; (B) 1 member of an Indian tribe (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or a tribal organization; (C) 1 Border Patrol processing coordinator with significant experience working for U.S. Border Patrol; and (D) 1 nonuniformed U.S. Customs and Border Patrol officer with significant experience working for U.S. Customs and Border Protection. . (b) Clerical amendment The table of contents of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 405 the following: Sec. 406. Ombudsman for Border and Immigration-Related Concerns. . 4. Training and continuing education (a) Mandatory training and continuing education To promote CBP agent and officer safety and professionalism (1) Policies and guidelines The Secretary of Homeland Security shall establish policies and guidelines to ensure that all U.S. Customs and Border Protection agents and officers receive a minimum of— (A) 19 weeks of training for employees of U.S. Customs and Border Protection’s Office of Field Operations, and 23 weeks of training for employees of U.S. Border Patrol, that— (i) is directly related to the mission of U.S. Border Patrol and U.S. Customs and Border Protection’s Office of Field Operations before the initial assignment of such agents and officers; and (ii) is in alignment with curriculum developed and endorsed by FLETC; and (B) 8 hours of training and continuing education annually after the completion of the training referred to in subparagraph (A). (2) Trainers The training and continuing education described in paragraph (1) shall be conducted by attorneys who— (A) have experience with the Fourth Amendment to the United States Constitution, including appropriate application of the use of force by agents and officers of U.S. Customs and Border Protection; and (B) are members of the Department of Homeland Security’s Office of General Counsel. (b) FLETC The Secretary of Homeland Security shall establish policies and guidelines governing training with FLETC and continuing education of agents and officers of U.S. Customs and Border Protection regarding border awareness, accountability, and oversight. Such training with FLETC shall include individual courses regarding— (1) community relations, including— (A) best practices in community policing; (B) best practices to adhere to policies limiting the location of enforcement and cooperation with local law enforcement; and (C) best practices in responding to grievances, including how to refer complaints to the Ombudsman for Border and Immigration-Related Concerns in accordance with section 452 of the Homeland Security Act of 2002, as amended by section 3; (2) interdiction, including— (A) instruction regarding formal and proper command language; (B) situational awareness of what language is appropriate in a given situation; (C) policies and guidelines regarding the legal application of use of force; (D) policies and training scenarios necessary to ensure the safety of the agent or officer and the surrounding community during interventions in urban areas, including— (i) scenario-based training and guidelines; and (ii) non-lethal force training and certification on at least 1 non-lethal force instrument, including electronic control weapons; and (E) policies necessary to ensure the safety of the agent or officer and the surrounding community during interventions in rural and remote locations; (3) vulnerable populations, including instruction on screening, identifying, and responding to vulnerable populations, such as children, victims of human trafficking, victims of trauma, and the acutely ill; (4) cultural and societal issues, including— (A) understanding the diversity of immigrant communities; (B) language and basic cultural awareness of major migrant-sending countries; (C) natural resource protection and environmental policies along the United States border; (D) privacy considerations regarding border-related technologies; and (E) the history and ethics of asylum law; and (5) standards of professional conduct, including— (A) the lawful use of force; (B) complying with chain of command and lawful orders; (C) conduct and ethical behavior toward the public in a civil and professional manner; (D) respect for civil rights and the protection of the well-being of individuals; (E) non-racially biased questioning techniques; and (F) de-escalation tactics and alternatives to the use of force. (c) Supervisor training In addition to the training and continuing education required to be established under subsections (a) and (b), the Secretary of Homeland Security shall establish policies and guidelines governing the continuing education of agents and officers of U.S. Customs and Border Protection in supervisory or management positions, including— (1) instruction relating to management and leadership best practices; (2) refresher instruction or in-service training relating to legal application of use of force policies and guidelines, intervention, community relations, and professional conduct; and (3) mitigation training to identify, diagnose, and address issues within such supervisory and management roles. (d) Review process The Secretary of Homeland Security shall establish a review process to ensure that port supervisors and managers of U.S. Customs and Border Protection receive annual evaluations regarding— (1) their actions and standards of conduct; and (2) the actions, situational and educational development, and standards of conduct of their staffs. (e) Continuing education (1) In general The Secretary of Homeland Security shall require all agents and officers of U.S. Customs and Border Protection who are required to undergo training under subsections (a) through (c) to participate in annual continuing education to maintain and update their understanding of Federal legal rulings, court decisions, and Department of Homeland Security policies, procedures, and guidelines related to the subject matters described in such subsections. (2) Subject matters Continuing education under this subsection shall include training courses on— (A) protecting the civil, constitutional, human, and privacy rights of individuals, with special emphasis on the scope of enforcement authority, including— (i) chain of evidence practices and document seizure; and (ii) use of force policies available to agents and officers; (B) the scope of authority of agents and officers to conduct immigration enforcement activities, including interviews, interrogations, stops, searches, arrests, and detentions, in addition to identifying and detecting fraudulent documents; (C) identifying, screening, and responsibility for vulnerable populations, such as children and victims of trafficking; and (D) cultural and societal issues, including— (i) the diversity of immigrant communities; (ii) language and basic cultural awareness of major migrant-sending countries; and (iii) natural resource protection and environmental policies along the United States border. (3) Administration Courses offered under this subsection— (A) shall be administered in consultation with FLETC by the individual U.S. Border Patrol sectors and U.S. Customs and Border Protection’s Office of Field Operations of the Department of Homeland Security in order to provide such sectors’ field offices with flexibility to design or tailor such courses to the specific needs and conditions of each such sector and field office; and (B) shall be approved in advance by the Secretary of Homeland Security to ensure that such courses satisfy the requirements for training under this section. (4) Rotation Courses offered as part of continuing education under this subsection shall include— (A) an annual course focusing on the curriculum described in paragraph (2)(A); (B) a triennial course focusing on curriculum described in paragraph (2)(B); (C) a triennial course focusing on curriculum described in paragraph (2)(C); and (D) a triennial course focusing on curriculum described in paragraph (2)(D). (f) Assessment Not later than 6 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that assesses the training and education, including continuing education, required under this section. 5. Management of ports of entry (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that contains an assessment of the standards and guidelines for managing ports of entry under the control of the Department of Homeland Security, including information regarding— (1) staffing levels and the need for additional staffing; (2) the rules governing the actions of officers of U.S. Customs and Border Protection’s Office of Field Operations; (3) average delays for transit through land ports of entry; (4) existing efforts and technologies used for border security, including the impact of such efforts and technologies on— (A) facilitating trade at ports of entry; and (B) civil rights, private property rights, privacy rights, and civil liberties; (5) the economic impact of the policies and practices of U.S. Customs and Border Protection agricultural specialists and U.S. Customs and Border Protection’s Office of Field Operations personnel; (6) physical infrastructure and technological needs at ports of entry; (7) a plan for increasing the number of U.S. Customs and Border Protection’s Office of Field Operations officers certified as emergency medical technicians and the number of medical professionals assigned to land ports of entry; and (8) a plan for increasing access to land ports of entry that takes into account asylum seekers, victims of trafficking, unaccompanied children, and other vulnerable populations. (b) Updates Based upon the information and assessment contained in the report required under subsection (a), the Secretary of Homeland Security shall establish updated guidelines and standards for managing ports of entry under the control of the Department of Homeland Security to address any identified needs or shortcomings at such ports of entry, including, if applicable— (1) increasing the number of U.S. Customs and Border Protection agricultural specialists at ports of entry at which delays hinder or negatively impact the local or national economies; (2) updating or increasing the use of technology at ports of entry at which there are average delays exceeding 2 hours based on U.S. Customs and Border Protection data collected during the previous fiscal year; (3) publishing rules regarding document handling at ports of entry; (4) establishing standards of conduct and demeanor when interacting with individuals with border crossing cards and vulnerable populations, such as children, victims of human trafficking, victims of trauma, and the acutely ill; and (5) establishing training courses relating to management and leadership skills for supervisors and managers at ports of entry. 6. Border enforcement accountability and transparency (a) Definitions In this section: (1) Border security The term border security means the prevention of unlawful entries into the United States, including entries by individuals, instruments of terrorism, narcotics, and other contraband. (2) Checkpoint The term checkpoint means a location— (A) at which vehicles or individuals traveling through the location are stopped by a law enforcement official for the purposes of enforcement of United States immigration laws and regulations; and (B) that is not located at a port of entry along an international border of the United States. (3) Law enforcement official The term law enforcement official means— (A) an agent or officer of U.S. Customs and Border Protection; or (B) an officer or employee of a State, or a political subdivision of a State, who is carrying out the functions of an immigration officer pursuant to— (i) an agreement entered into under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); (ii) authorization under title IV of the Tariff Act of 1930 ( 19 U.S.C. 1401 et seq. ); or (iii) any other agreement with the Department of Homeland Security, including any Federal grant program. (4) Patrol stop The term patrol stop means search, seizure, or interrogation of a motorist, passenger, or pedestrian initiated anywhere except as part of an inspection at a port of entry or a primary inspection at a checkpoint. (5) Primary inspection The term primary inspection means an initial inspection of a vehicle or individual at a checkpoint. (6) Secondary inspection The term secondary inspection means a further inspection of a vehicle or individual that is conducted following a primary inspection. (b) Data collection by law enforcement officials enforcing United States laws and regulations and making border security stops (1) Requirement for data collection regarding stops and searches A law enforcement official who initiates a patrol stop or who detains any individual beyond a brief and limited inquiry, such as a primary inspection at a checkpoint, shall record— (A) the date, time, and location of the contact; (B) the identifying characteristics of such individual, including the individual’s perceived race, gender, ethnicity, and approximate age; (C) a description of any items seized during such search, including contraband or money, and a specification of the type of search conducted; (D) whether any arrest, detention, warning, or citation resulted from such contact; (E) the immigration status of the individual, only if obtained during the ordinary course of the contact without additional questioning in accordance with this section; (F) if the contact involved an individual whose primary language of communication is not English, the means of communication used; (G) whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention; and (H) if the contact was initiated by a State or local law enforcement agency of a State, whether such agency was acting pursuant to— (i) an agreement entered into under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); (ii) authorization under title IV of the Tariff Act of 1930 ( 19 U.S.C. 1401 et seq. ); or (iii) pursuant to any other agreement with the Department of Homeland Security, including any Federal grant program. (2) Requirement for U.S. Customs and Border Protection data collection regarding checkpoints The Commissioner of U.S. Customs and Border Protection shall collect data regarding— (A) the number of permanent and temporary checkpoints utilized by agents and officers of U.S. Customs and Border Protection; (B) the location of each such checkpoint; (C) the dates on which a temporary checkpoint was used; and (D) a description of each such checkpoint, including the presence of any other law enforcement agencies and the use of law enforcement resources, such as canines and surveillance technologies, including license plate readers. (3) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with stakeholders, including research, civil, and human rights organizations, shall promulgate regulations relating to the collection and reporting of data required under paragraphs (1) and (2). Such regulations shall— (A) specify all data to be reported; and (B) provide standards, definitions, and technical specifications to ensure uniform reporting (4) Compilation of data (A) Department of homeland security law enforcement officials The Secretary of Homeland Security shall— (i) compile the data collected under paragraph (1) by agents and officers of U.S. Customs and Border Protection and the data collected under paragraph (2) by the Commissioner of U.S. Customs and Border Protection; and (ii) determine— (I) whether any complaint was made by the individual subject to the contact under paragraph (1); and (II) which oversight component within or outside of the Department of Homeland Security investigated the complaint. (B) Other law enforcement officials The head of each agency, department, or other entity that employs law enforcement officials other than agents and officers referred to in subparagraph (A) shall— (i) compile the data collected by such law enforcement officials pursuant to paragraph (1); and (ii) submit the compiled data to the Secretary of Homeland Security. (5) Use of data The Secretary of Homeland Security shall consider the data compiled pursuant to paragraph (4) in making policy and program decisions. (6) Audit and report Not later than 1 year after the effective date of the regulations promulgated pursuant to paragraph (3), the Comptroller General of the United States shall— (A) conduct an audit of the data compiled under paragraph (4) to determine whether law enforcement officials are complying with the data collection requirements under paragraph (1); and (B) submit a report to Congress that contains a summary of the findings of such audit. (c) Annual report (1) Requirement Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress containing the data compiled under subsection (b)(3), including all such data for the previous year. (2) Availability Each report submitted under paragraph (1) shall be made available to the public, except for particular data if the Secretary of Homeland Security— (A) explicitly invokes an exemption contained in paragraphs (1) through (9) of section 552(b) of title 5, United States Code; and (B) provides a written explanation for the exemption’s applicability. (3) Privacy The Secretary may not report unique personal identifying information of persons stopped, searched, or subjected to a property seizure, for purposes of this section. (4) Publication The data compiled pursuant to subsection (b)(3) shall be made available to the public to the extent the release of such data is permissible under Federal law. 7. Reporting requirements (a) Annual CBP report on mission and personnel by Border Patrol sector Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that includes, for each Border Patrol sector— (1) an assessment of the most appropriate, practical, and cost effective means of defending the land borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities; (2) an assessment of staffing needs for all border security functions, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied children, and other vulnerable populations; (3) a description of— (A) the border security roles and missions of Federal, State, regional, tribal, and local authorities; and (B) recommendations regarding actions the Commissioner could carry out to improve coordination with such authorities to enable border security activities to be carried out in a more efficient and effective manner; (4) a description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the land borders of the United States; and (5) an impact assessment of the loss of trade and commerce due to inadequate staffing at land ports of entry by U.S. Customs and Border Protection agents and officers. (b) Annual report on migrant deaths (1) CBP and ICE Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly submit a report to the Comptroller General of the United States, the Committee on Homeland Security and Governmental Affairs of the Senate , and the Committee on Homeland Security of the House of Representatives regarding deaths occurring along the United States-Mexico border, including— (A) the number of documented migrant deaths; (B) a geographical breakdown of where such migrant deaths occurred; (C) the cause of death for each migrant, to the extent such information is available; (D) the extent to which border technology, physical barriers, and enforcement programs have contributed to such migrant deaths; and (E) a detailed description of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement programs or plans to reduce the number of migrant deaths along the border, including an assessment on the effectiveness of water supply sites and rescue beacons. (2) GAO review Not later than 90 days after the submission of each report required under paragraph (1), the Comptroller General of the United States shall review such report to determine— (A) the validity of U.S. Customs and Border Protection’s and U.S. Immigration and Customs Enforcement’s statistical analyses of migrant deaths; (B) the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement have adopted simple and low-cost measures, such as water supply sites and rescue beacons, to reduce the frequency of migrants deaths; (C) the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement measure the effectiveness of its programs to address the frequency of migrant deaths; and (D) the extent of data and information sharing and cooperation among U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, State and local law enforcement, foreign diplomatic and consular posts, and nongovernmental organizations— (i) to accurately identify deceased individuals; (ii) to notify family members of such deaths; and (iii) to compare information to missing persons registries. (c) GAO report on use of force (1) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study that examines the extent to which U.S. Customs and Border Protection has clarified use of force policies and submit a report to Congress containing the results of such study, which shall include— (A) the extent to which U.S. Customs and Border Protection has implemented new training tactics to improve use of force policies, including how the use of force policies conform to Department of Homeland Security and Federal law enforcement best practices; (B) the extent to which U.S. Customs and Border Protection has identified additional or alternative weapons and equipment to improve agents’ and officers’ abilities to de-escalate confrontations, including protective gear; (C) efforts to review and enhance current training and tactics related to use of force, and to implement reforms to ensure that agents and officers are better equipped to assess and respond to threats; (D) the extent to which U.S. Customs and Border Protection has established a stakeholder engagement framework to better inform and enhance U.S. Customs and Border Protection’s use of force training; (E) the extent to which U.S. Customs and Border Protection has established metrics— (i) to track the effectiveness of use of force training; and (ii) to ensure the reporting of all uses of force for review to determine whether the force used was justified and whether it could have been avoided through different tactics or training, better supervision, different tools, adherence to policy, or changes in policy; (F) how U.S. Customs and Border Protection could implement best law enforcement practices to improve policies for transparent communication with family members of individuals injured or killed by U.S. Customs and Border Protection agent’s and officer’s use of force, including— (i) updates on any pending investigations; and (ii) policies for timely notification of such injuries and deaths following such uses of force to the Commissioner of U.S. Customs and Border Protection or the Director of U.S. Immigration and Customs Enforcement, the Joint Intake Center of the Department of Homeland Security, the Office of Inspector General of the Department, the Office for Civil Rights and Civil Liberties of the Department, the Offices of Public Affairs of the Department, Congress, and the applicable consulates, if appropriate; (G) how recommendations and requests made by agents and officers of U.S. Customs and Border Protection have been received, reviewed, and, if possible, implemented into the use of force policies and best practices of U.S. Customs and Border Protection; and (H) the extent to which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement electronically track personal searches and seizures of personal items at the border, including an assessment of how such information is used to inform U.S. Customs and Border Protection policies and procedures. (2) Implementation of GAO findings (A) In general The Secretary of Homeland Security shall direct the Commissioner of U.S. Customs and Border Protection to implement any recommendations contained in the report required under paragraph (1). (B) Notification requirement If the Secretary of Homeland Security fails to implement such recommendations, the Secretary shall submit written notification to the Committee on Homeland Security and Governmental Affairs of the Senate , and the Committee on Homeland Security of the House of Representatives that explains why such recommendations have not been implemented. (d) CBP report on use of body-Worn cameras (1) Defined term In this subsection, the term data means video and audio footage captured by a body-worn camera during its use. (2) In general Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , and the Committee on Homeland Security of the House of Representatives relating to the use, practices, and procedures of body-worn cameras by U.S. Customs and Border Protection agents and officers, including— (A) the number of body-worn cameras in active use within U.S. Customs and Border Protection; (B) the location, broken down by station, in which such body-worn cameras are in use; (C) the rank and position of the agents and officers of U.S. Customs and Border Protection at each such station who are assigned body-worn cameras; (D) the standing policies of U.S. Customs and Border Protection regarding— (i) the storage of body-worn camera data, including additional requirements or decisions that are unique to a particular sector; (ii) the review of data from individual body-worn cameras; and (iii) the request for review of data from individual body-worn cameras by U.S. Customs and Border Protection personnel or civilians; (E) the latest complaint reports from each sector and location in which body-worn cameras are being used; and (F) any existing plan to implement, on a permanent basis, the use of body-worn cameras by officers and agents of U.S. Customs and Border Protection. (3) GAO review Not later than 90 days after the submission of the report required under paragraph (2), the Comptroller General of the United States shall review such report to determine— (A) the extent to which U.S. Customs and Border Protection has adopted measures related to body-worn cameras; and (B) the effectiveness of U.S. Customs and Border Protection use, practices, and procedures of body-worn cameras by agents and officers. (e) Report on the impact of border enforcement technologies and operations on border communities Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that assesses— (1) the efforts and technologies used along United States borders; and (2) the impact on border communities of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. (f) GAO report on the extent of CBP activities, operations, and claimed authority Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the congressional committees referred to in subsection (e) that assesses— (1) the range of the current activities, operations (including checkpoints), and claimed authority of U.S. Customs and Border Protection; (2) the extent to which the range of activities, operations, and claimed authority referred to in paragraph (1) is necessary for U.S. Customs and Border Protection’s interior enforcement; and (3) the impact of U.S. Customs and Border Protection’s interior enforcement and activities described in paragraphs (1) and (2) on civil, constitutional, and private property rights. | https://www.govinfo.gov/content/pkg/BILLS-117s3160is/xml/BILLS-117s3160is.xml |
117-s-3161 | II 117th CONGRESS 1st Session S. 3161 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mrs. Blackburn (for herself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to carry out a pilot program to supplement the Transition Assistance Program of the Department of Defense.
1. Short title This Act may be cited as the Onward to Opportunity Act . 2. Pilot program to supplement the Transition Assistance Program of the Department of Defense through grants (a) In general The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall carry out a pilot program under which the Secretary of Defense provides, through grants, enhanced support and funding to eligible entities to supplement the Transition Assistance Program by providing job opportunities for industry-recognized certifications, job placement assistance, and related employment services directly to covered individuals. (b) Services In carrying out the pilot program, the Secretary of Defense shall award grants to eligible entities to provide to covered individuals the following services: (1) Using an industry-validated screening tool, assessments of prior education, work history, and employment aspirations of covered individuals in order to tailor appropriate employment services. (2) Preparation for civilian employment through services such as mock interviews and salary negotiations, training on professional networking platforms, and company research. (3) Several industry-specific learning pathways— (A) with entry-level, mid-level and senior versions; (B) in fields such as project management, cybersecurity, and information technology; (C) in which each covered individual works with an academic advisor to choose a career pathway and navigate coursework during the training process; and (D) in which each covered individual can earn industry-recognized credentials and certifications, at no charge to the covered individual. (4) Job placement services. (c) Program organization and implementation model The Secretary of Defense shall ensure that the pilot program follows economic opportunity program models in use as of the date of the enactment of this Act that combine industry-recognized certification training, furnished by professionals, with online learning staff. (d) Consultation The Secretary of Defense shall seek to consult with private entities to identify the best economic opportunity program models for the pilot program to follow, including economic opportunity models in use as of the date of the enactment of this Act that are furnished through public-private partnerships. (e) Eligibility To be eligible to receive a grant under the pilot program, an entity shall— (1) follow a job training and placement model; (2) have a well-developed and rigorous practice of program measurement and evaluation that indicates program performance and efficiency, with data that is high quality and shareable with partner entities; (3) have established partnerships with entities (such as employers, governmental agencies, and non-profit entities) to provide services described in subsection (b); and (4) have online training capability to reach rural veterans, reduce costs, and comply with new conditions forced by COVID–19. (f) Coordination with Federal entities Each grantee under the pilot program shall coordinate with Federal entities, including— (1) the Office of Transition and Economic Development of the Department of Veterans Affairs; and (2) the Veterans' Employment and Training Service of the Department of Labor. (g) Performance metrics The Secretary of Defense shall ensure that performance outcomes of the pilot program— (1) are able to be verified using a third-party auditing method; and (2) include— (A) the number of covered individuals who receive and complete skills training through the pilot program; (B) the number of covered individuals who secure employment through the pilot program; (C) the retention rate for covered individuals described in subparagraph (B); and (D) the median salary of covered individuals described in subparagraph (B). (h) Site locations The Secretary of Defense shall carry out the pilot program at five military installations in the United States where existing economic opportunity program models are successful. (i) Assessment of possible expansion (1) In general Each grantee under the pilot program shall assess the feasibility of expanding the virtual training and career placement services offered under the pilot program to— (A) members of the reserve components of the Armed Forces; and (B) covered individuals outside the United States. (2) Submittal to Secretary of Defense Each grantee under the pilot program shall submit to the Secretary of Defense the assessment of the grantee conducted under paragraph (1). (j) Duration The pilot program shall terminate on September 30, 2025. (k) Report Not later than March 30, 2026, the Secretary of Defense shall submit to the congressional defense committees a report that includes— (1) a description of the pilot program, including a description of specific activities carried out under this section; (2) the metrics and evaluations used to assess the effectiveness of the pilot program; and (3) the assessments submitted to the Secretary under subsection (i)(2). (l) Definitions In this section: (1) Covered individual The term covered individual means— (A) a member of the Armed Forces participating in the Transition Assistance Program; or (B) a spouse of a member described in subparagraph (A). (2) Economic opportunity program model The term economic opportunity program model means a model of programmatic service delivery that expands economic opportunity and improves employment outcomes for members of the Armed Forces transitioning to civilian life and military spouses through career exploration, job training, and credentialing. (3) Military installation The term military installation has the meaning given such term in section 2801(c) of title 10, United States Code. (4) Transition Assistance Program The term Transition Assistance Program means the program of the Department of Defense for preseparation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3161is/xml/BILLS-117s3161is.xml |
117-s-3162 | II 117th CONGRESS 1st Session S. 3162 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To clarify the authority of States to use National Guard members performing Active Guard and Reserve duty during State-directed responses to domestic incidents.
1. Short title This Act may be cited as the National Guard Emergency Response Act of 2021 . 2. Authority of States to use National Guard members performing Active Guard and Reserve duty during State-directed responses to domestic incidents Section 328(b) of title 32, United States Code, is amended— (1) by inserting (1) before A member ; and (2) by adding at the end the following new paragraph: (2) Under regulations prescribed by the Chief of the National Guard Bureau, the adjutant general of the jurisdiction concerned may authorize a member of the National Guard performing duty under subsection (a) to perform additional duties in response to a State-declared emergency or disaster provided that the adjutant general determines that members performing such additional duties will derive a benefit that satisfies or complements training requirements for the wartime mission or other training objectives of the members’ unit. . | https://www.govinfo.gov/content/pkg/BILLS-117s3162is/xml/BILLS-117s3162is.xml |
117-s-3163 | II 117th CONGRESS 1st Session S. 3163 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Tester (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve access to medical examinations required by veterans to obtain disability compensation or pension under laws administered by the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Reform and Update Rural Access to Local Exams Act of 2021 or the RURAL Exams Act of 2021 . 2. Definitions In this Act: (1) Covered medical disability examination The term covered medical disability examination means a medical examination that the Secretary of Veterans Affairs determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department of Veterans Affairs. (2) Housebound The term housebound , with respect to a veteran, means— (A) the veteran meets the requirement of permanently housebound as described in section 1114(s) of title 38, United States Code; (B) the veteran meets the requirement of permanently housebound as described in section 1502(c) of such title; or (C) the Secretary has determined that the veteran faces significant difficulty in traveling to obtain a covered medical disability examination. (3) Rural area The term rural area means any non-urban area, within the meaning of the Rural-Urban Commuting Area Codes system of the Department of Agriculture and the Department of Health and Human Services, or successor system. (4) Rural veteran The term rural veteran means a veteran who resides in a rural area. 3. Improving data collection by Department of Veterans Affairs on covered medical disability examinations (a) Data collection required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin collecting data to improve access of veterans to covered medical disability examinations. (b) Elements Data collected under subsection (a) shall include data regarding the following: (1) Timeliness, quality, and veteran satisfaction measurements of covered medical disability examinations. (2) Proportion of completed covered medical disability examinations determined to be inadequate for the adjudication of a claim for compensation or pension under chapter 11 or 15 of title 38, United States Code. (3) Every performance standard required for eligibility for financial incentives or disincentives in a contract between the Department of Veterans Affairs and any contractor for the provision of a covered medical disability examination. (c) Disaggregation of data The Secretary shall disaggregate data collected under subsection (a) by— (1) State; (2) county; and (3) as the case may be— (A) individual contractor with a Department of Veterans Affairs contract for the provision of a covered medical disability examination; or (B) individual Veterans Health Administration facility conducting a covered medical disability examination. (d) Publication Not later than one year after the date of the enactment of this Act, the Secretary shall make publicly available on an internet website, and updated not less frequently than quarterly, all data collected under subsection (a). 4. Study on improvements to Department of Veterans Affairs covered medical disability examinations in rural areas (a) Study required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on access by rural veterans to covered medical disability examinations. (b) Elements (1) In general The study conducted under subsection (a) shall include the following: (A) A comparison of the average number of days to complete covered medical disability examinations for rural veterans compared to the national non-rural average time to complete covered medical disability examinations, by either contractors or employees of the Department. (B) A root cause analysis of differences identified pursuant to subparagraph (A). (C) The plan of the Secretary for the following year to improve access described in subsection (a), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable rural or housebound veterans to receive examinations without traveling long distances. (2) National non-rural average defined For purposes of paragraph (1)(A), the term national non-rural average means the national average of all periods in the previous calendar year— (A) beginning on the date on which a contractor received a request from the Secretary to conduct a covered medical disability examination for a veteran who is not a rural veteran; and (B) ending on the date on which the examination was completed. (c) Report on study Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the study completed under subsection (a). (d) Annual report on plans Not later than two years after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report evaluating the conduct of the plans of the Secretary to improve access described in subsection (a) and a new or revised plan for such improvement in the following year. 5. Department of Veterans Affairs timeliness requirements for provision of covered medical disability examinations by contractors to rural and housebound veterans In each contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act for the provision by a contractor of a covered medical disability examination, the Secretary shall include the following: (1) Such financial incentives as the Secretary considers appropriate to encourage a contractor to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. (2) Such financial disincentives as the Secretary considers appropriate to discourage a contractor from failing to provide a covered medical disability examination to a rural veteran or a housebound veteran in a timely manner. (3) A requirement that the contractor cooperate with inspections conducted under the program required by section 6(a). 6. Annual inspections by Department of Veterans Affairs of facilities used by contractors for provision of covered medical disability examinations (a) Program required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a program of periodic inspections of sites, locations, and facilities where covered medical disability examinations are provided by contractors of the Department of Veterans Affairs. (b) Number and periodicity (1) In general Under the program required by subsection (a), the Secretary shall, each year, inspect not fewer than three percent of all sites, locations, and facilities used by a contractor of the Department to provide a covered medical disability examination during the previous one-year period. (2) Initial inspections Paragraph (1) shall apply with respect to the first one-year period beginning after the date of the establishment of the program pursuant to subsection (a) and each year thereafter. (c) Selection of sites, locations, and facilities for inspection Under the program required by subsection (a), the Secretary shall— (1) use both random and targeted methods of selecting sites, locations, and facilities for inspection; and (2) ensure that the number of inspections of sites, locations, and facilities in rural areas bears the same ratio to the total number of inspections as the number of covered medical disability examinations provided by contractors of the Department to rural veterans bears to the total number of covered medical disability examinations provided by contractors of the Department to all veterans. (d) Notice and timing Each inspection under the program required by subsection (a) shall be conducted during such business hours as the Secretary considers reasonable and the Secretary shall provide no more notice than the Secretary considers necessary to ensure the inspected facility is available for such inspection. (e) Elements Each inspection conducted under the program required by subsection (a) shall include inspection of a site, location, or facility for the following: (1) Compliance with the terms of any applicable contract. (2) Compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (3) Cleanliness. (4) General fitness for a covered medical disability examination. (5) Such other elements as the Secretary considers necessary to ensure that covered medical disability examinations provided on behalf of the Department are safe, clean, accessible, and dignified. (f) Annual reports Not later than one year after the date of the establishment of the program required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the Secretary with respect to the inspections conducted under the program during the one-year period ending on the date of the submittal of the report. | https://www.govinfo.gov/content/pkg/BILLS-117s3163is/xml/BILLS-117s3163is.xml |
117-s-3164 | II 117th CONGRESS 1st Session S. 3164 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Cardin (for himself, Mr. Leahy , Mr. Blumenthal , Mrs. Feinstein , Mr. Van Hollen , Mr. Booker , Mr. Casey , Ms. Warren , Mr. Markey , Ms. Smith , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available.
1. Short title This Act may be cited as the Private Prison Information Act of 2021 . 2. Definitions In this Act— (1) the term agency has the meaning given the term in section 551 of title 5, United States Code; (2) the term applicable entity means— (A) a nongovernmental entity contracting with, or receiving funds directly or indirectly from, a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; or (B) a State or local governmental entity with an intergovernmental agreement with a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; (3) the term covered agency means an agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; and (4) the term non-Federal prison, correctional, or detention facility means— (A) a privately owned or privately operated prison, correctional, or detention facility; or (B) a State or local prison, jail, or other correctional or detention facility. 3. Freedom of Information Act applicable for contract prisons (a) In general A record relating to a non-Federal prison, correctional, or detention facility shall be— (1) considered an agency record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of an applicable entity or a covered agency; and (2) subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), to the same extent as if the record was maintained by an agency operating a Federal prison, correctional, or detention facility. (b) Withholding of information A covered agency may not withhold information that would otherwise be required to be disclosed under subsection (a) unless— (1) the covered agency, based on the independent assessment of the covered agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (c) Format of records An applicable entity shall maintain records relating to a non-Federal prison, correctional, or detention facility in formats that are readily reproducible and reasonably searchable by the covered agency that contracts with or provides funds to the applicable entity to incarcerate or detain Federal prisoners or detainees in the non-Federal prison, correctional, or detention facility. (d) Regulations (1) In general Not later than 180 days after the date of enactment of this Act, a covered agency shall promulgate regulations or guidance to ensure compliance with this section by the covered agency and an applicable entity that the covered agency contracts with or provides funds to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (2) Compliance by applicable entities (A) In general Compliance with this section by an applicable entity shall be included as a material term in any contract, agreement, or renewal of a contract or agreement with the applicable entity regarding the incarceration or detention of Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (B) Modification of contract or agreement Not later than 1 year after the date of enactment of this Act, a covered agency shall secure a modification to include compliance with this section by an applicable entity as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of construction Nothing in this Act shall be construed to limit or reduce the scope of State or local open records laws. | https://www.govinfo.gov/content/pkg/BILLS-117s3164is/xml/BILLS-117s3164is.xml |
117-s-3165 | II 117th CONGRESS 1st Session S. 3165 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Bennet (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act of 1971 to require each authorized committee or leadership PAC of a former candidate for election for Federal office to disburse all of the remaining funds of the committee or PAC after the election, and for other purposes.
1. Short title This Act may be cited as the Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act . 2. Requiring authorized committees of candidates to disburse unexpended funds (a) Requiring disbursement Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by inserting after section 303 the following new section: 303A. Disbursement of remaining unexpended funds (a) Requiring disbursement (1) In general Each authorized committee or leadership PAC of a candidate shall, in accordance with subsection (b), disburse all funds of the authorized committee or leadership PAC before the earliest of— (A) the last day of the applicable disbursement period; (B) the date on which the candidate first makes a lobbying contact or is employed or retained to make a lobbying contact that would require registration under section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ); or (C) the date on which the candidate becomes an agent of a foreign principal that would require registration under section 2 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612 ). (2) Exception for candidates in next election Paragraph (1) does not apply to the authorized committee or leadership PAC of a candidate who, prior to the first day of the applicable disbursement period, provides the appropriate State election official with the information and fees (if any) required under State law for the individual to qualify as a candidate for the next election for the office sought by the candidate or the next election for another Federal office. (3) Applicable disbursement period In this subsection, the applicable disbursement period is, with respect to a candidate seeking election for an office, the 6-month period which begins on the day after the latest date on which an individual may provide the appropriate State election official with the information and fees (if any) required under State law for the individual to qualify as a candidate for the next election for such office. In the case of a candidate for Senate, the office sought shall be the Senate office in the class that ends with the term of the office for which such candidate is seeking. (b) Rules for disbursement of funds Any funds to which subsection (a) applies that are disbursed on or after the first day of the applicable disbursement period shall be disbursed as follows: (1) Payment of obligations An authorized committee or leadership PAC shall first pay obligations incurred in connection with the operation of the committee. (2) Other permitted disbursements Notwithstanding section 313(a), if, after disbursing all of the funds necessary to pay obligations under paragraph (1), funds of a committee or PAC remain unexpended, the committee or PAC may only disburse such remaining funds for the following purposes: (A) To return to any person a contribution the person made to the committee or PAC. (B) Except as provided in paragraph (3)(A), to make a contribution to an organization described in section 170(c) of the Internal Revenue Code of 1986. (3) Prohibitions In disbursing funds pursuant to the requirements of this section, an authorized committee or leadership PAC may not disburse funds during the applicable disbursement period to any of the following: (A) Any organization described in section 170(c) (other than an organization described in paragraph (1) thereof) if— (i) the organization was established by the candidate; (ii) the organization bears the candidate's name; or (iii) the candidate or a relative of the candidate— (I) is employed by such organization; (II) is an officer of such organization; or (III) performs services (whether paid or unpaid) on behalf of such organization. (B) Any relative of the candidate unless the funds are disbursed to pay an obligation of the committee as described in paragraph (1) which is reported by the committee or PAC as a disbursement under section 304(b)(5) or which would be so reported if the amount of the disbursement were in excess of $200. (c) Definitions In this section: (1) Leadership PAC The term leadership PAC has the meaning given such term in section 304(i)(8)(B). (2) Relative The term relative means, with respect to a candidate, an individual who is related to the candidate as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. . (b) Conforming amendment relating to permitted uses of contributions Section 313(a) of such Act ( 52 U.S.C. 30114(a) ) is amended by striking A contribution and inserting Subject to section 303A, a contribution . (c) Effective date The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. 3. Requiring former candidates serving as registered lobbyists to certify compliance with disbursement requirements (a) Certification of compliance Section 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) ) is amended— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (7) the following: (8) in the case of an individual who was a candidate for election for Federal office, a certification (under penalty of perjury) that each authorized committee and leadership PAC (as defined in section 304(i)(8)(B) of the Federal Election Campaign Act of 1971) of the individual is in compliance with section 303A of the Federal Election Campaign Act of 1971 (relating to the disbursement of funds of the committee or leadership PAC which remain unexpended after the date of the election). . (b) Effective date The amendment made by subsection (a) shall apply with respect to registration statements filed under section 4(a) of the Lobbying Disclosure Act on or after the date of the regularly scheduled general election for Federal office held in November 2022. 4. Requiring former candidates serving as foreign agents to certify compliance with disbursement requirements (a) Certification of compliance Section 2(a) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612(a) ) is amended by adding at the end the following: (12) In the case of an individual who was a candidate for election for Federal office, a certification (under penalty of perjury) that each authorized committee and leadership PAC (as defined in section 304(i)(8)(B) of the Federal Election Campaign Act of 1971) of the individual is in compliance with section 303A of the Federal Election Campaign Act of 1971 (relating to the disbursement of funds of the committee or leadership PAC which remain unexpended after the date of the election). . (b) Effective date The amendment made by subsection (a) shall apply with respect to registration statements filed under section 2 of the Foreign Agents Registration Act of 1938, as amended on or after the date of the regularly scheduled general election for Federal office held in November 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s3165is/xml/BILLS-117s3165is.xml |
117-s-3166 | II 117th CONGRESS 1st Session S. 3166 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Cardin (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to improve coverage of dental and oral health services for adults under Medicaid, and for other purposes.
1. Short title This Act may be cited as the Medicaid Dental Benefit Act of 2021 . 2. Requiring Medicaid coverage of dental and oral health services for adults (a) In general (1) Mandatory coverage (A) In general (i) Requirement Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended by inserting (10), after (5), . (ii) Medically needy (I) In general Section 1902(a)(10)(C)(iv) of such Act ( 42 U.S.C. 1396a(a)(10)(C)(iv) ) is amended by striking and (17) and inserting , (10), and (17) after (5) . (II) Rule of construction Nothing in this section or the amendments made by this section shall be construed to limit the access of an individual residing in an institutional setting to dental and oral health services (as such term is defined in section 1905(jj) of the Social Security Act, as added by paragraph (2)(B)). (iii) Effective date The amendments made by clauses (i) and (ii) shall apply with respect to expenditures for medical assistance in calendar quarters beginning on or after January 1, 2023. (B) Benchmark coverage Section 1937(b)(5) of the Social Security Act ( 42 U.S.C. 1396u–7(b)(5) ) is amended by striking the period and inserting , and, beginning January 1, 2023, coverage of dental and oral health services (as such term is defined in section 1905(jj)). . (C) Optional application to territories Section 1902(j) of the Social Security Act ( 42 U.S.C. 1396a(j) ) is amended— (i) by striking this title, the Secretary and inserting “this title— (1) in the case of a State other than the 50 States and the District of Columbia the requirement under subsection (a)(10)(A) to provide the care and services listed in paragraph (10) of section 1905(a) shall be optional; and (2) the Secretary ; and (ii) by striking the second comma after section 1108(f) . (2) Definition of dental and oral health services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)(10), by inserting and dental and oral health services (as defined in subsection (jj)) after dental services ; and (B) by adding at the end the following new subsection: (jj) Dental and oral health services For purposes of subsection (a)(10), the term dental and oral health services means dentures and denture services, implants and implant services, and services necessary to prevent oral disease and promote oral health, restore oral structures to health and function, reduce oral pain, and treat emergency oral conditions, that are furnished by a provider who is legally authorized to furnish such items and services under State law (or the State regulatory mechanism provided by State law). . (3) Conforming amendment (A) In general Section 1905(a)(10) of the Social Security Act ( 42 U.S.C. 1396d(a)(10) ), as amended by paragraph (2), is amended by striking dental services and . (B) Effective date The amendment made by subparagraph (A) shall take effect on January 1, 2023. (b) State option for additional dental and oral health benefits Section 1905(a)(13) of the Social Security Act ( 42 U.S.C. 1396d(a)(13) ) is amended by inserting the following new subparagraph after subparagraph (C): (D) at State option, such items and services related to dental and oral health services (as defined in subsection (jj)) that are in addition to those identified in such subsection (jj) as the State may specify; . (c) Increased FMAP (1) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by subsection (a), is further amended— (A) in subsection (b), by striking and (ii) and inserting (ii), and (kk) ; (B) in subsection (ff), by striking and (ii) and inserting , (ii), and (kk) ; and (C) by adding at the end the following new subsection: (kk) Increased FMAP for expenditures related to dental and oral health services (1) In general (A) 50 States and DC Notwithstanding subsection (b), in the case of a State that is 1 of the 50 States or the District of Columbia, during the 12-quarter period that begins on January 1, 2023, the Federal medical assistance percentage shall be equal to 100 percent with respect to amounts expended by the State for medical assistance for dental and oral health services authorized under paragraph (10) of subsection (a). In no case may the application of this subparagraph result in the Federal medical assistance percentage determined for a State with respect to expenditures described in this subparagraph exceeding 100 percent. (B) Territories (i) In general Notwithstanding subsection (b), in the case of a State that is Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, during a period described in clause (ii), the Federal medical assistance percentage shall be equal to 100 percent with respect to amounts expended by the State for medical assistance for any item or service that is included in dental and oral health services authorized under paragraph (10) of subsection (a). In no case may the application of this clause result in the Federal medical assistance percentage determined for a State with respect to expenditures described in this clause exceeding 100 percent. (ii) Period described A period described in this clause is, with respect to an item or service described in clause (i) and a State described in such clause, the 12-quarter period that begins with the first quarter beginning on or after January 1, 2023, in which such item or service is first covered under the State plan or under a waiver of such plan. (2) Exclusions The Federal medical assistance percentage specified in paragraph (1) shall not apply to amounts expended for medical assistance during any period for— (A) additional items and services authorized under paragraph (13)(D) of subsection (a); or (B) items and services furnished to an individual if, as of the date of enactment of this subsection, medical assistance was available to such individual for such items and services or medicare cost-sharing under the State plan or a waiver of such plan. . (2) Exclusion of amounts attributable to increased FMAP from territorial caps Section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) is amended— (A) in subsection (f), in the matter preceding paragraph (1), by striking subsections (g) and (h) and inserting subsections (g), (h), and (i) ; and (B) by adding at the end the following: (i) Exclusion from caps of amounts attributable to increased FMAP for coverage of dental and oral health services Any additional amount paid to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa for expenditures for medical assistance that is attributable to an increase in the Federal medical assistance percentage applicable to such expenditures under section 1905(kk) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g). . 3. Adult oral health quality and equity measures (a) In general Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1139B the following new section: 1139C. Adult oral health quality and equity measures (a) Development of core set of adult oral health care quality and equity measures (1) In general The Secretary shall identify and publish a recommended core set of health quality and equity measures for individuals enrolled in a State plan (or waiver of such plan) under title XIX who are over the age of 21 in the same manner as the Secretary identifies and publishes a core set of child health quality measures under section 1139A, including with respect to identifying and publishing existing oral health quality measures for such individuals that are in use under public and privately sponsored health care coverage arrangements, or that are part of reporting systems that measure both the presence and duration of health insurance coverage over time, that may be applicable to enrolled adults. (2) Alignment with existing core set In identifying and publishing the recommended core set of adult oral health quality and equity measures required under paragraph (1), the Secretary shall ensure that, to the extent possible, such measures align with and do not duplicate the core set of adult health quality and equity measures identified, published, and revised under section 1139B. (3) Process for adult oral health quality and equity measures program In identifying gaps in existing adult oral health quality and equity measures and establishing priorities for the development and advancement of such measures, the Secretary shall consult with— (A) States; (B) health care providers; (C) patient representatives; (D) dental professionals; and (E) national organizations with expertise in oral health quality or equity measurement. (b) Deadlines (1) Recommended measures Not later than 1 year after enactment of this Act, the Secretary shall identify and publish for comment a recommended core set of adult oral health quality and equity measures that includes the following: (A) Measures of utilization of oral health and dental services across health care settings. (B) Measures that address the availability of oral evaluations during or following medical visits for enrolled adults. (C) Measures that address the incidence of emergency department visits for non-traumatic dental conditions. (D) Measures that address the availability and receipt of follow-up dental care after emergency department visits for non-traumatic dental conditions during pregnancy. (E) Measures that address the availability of counseling of enrolled adults aimed at improving oral health outcomes. (F) Measures that address the availability and receipt of care for beneficiaries who meet the medical necessity criteria for general anesthesia and intravenous sedation. (G) Measures that address screening and evaluation for caries risk and periodontitis and treatment for caries risk and periodontitis, including the following: (i) The percentage of enrolled adults who have caries risk documented in the reporting year involved. (ii) The percentage of enrolled adults who received a topical fluoride application or sealants based on an oral health risk assessment demonstrating the need for such application or sealants during the reporting year involved. (iii) The percentage of enrolled adults who received a comprehensive or periodic oral evaluation or a comprehensive periodontal evaluation during the reporting year involved. (iv) The percentage of enrolled adults with a history of periodontitis who received an oral prophylaxis, scaling or root planing, or periodontal maintenance visit at least 2 times during the reporting year involved. (v) The percentage of enrolled adults with diabetes who receive a comprehensive or periodic evaluation or a comprehensive periodontal evaluation during the reporting year involved. (vi) The percentage of enrolled adults who require tooth extraction during the reporting year involved. (vii) The percentage of enrolled adults who require partial or full dentures during the reporting year involved. (2) Dissemination Not later than 1 year after enactment of this Act, the Secretary shall publish an initial core set of oral health quality and equity measures that are applicable to enrolled adults. (3) Standardized reporting Not later than 2 years after the date of the enactment of this Act, the Secretary, in consultation with States, shall develop a standardized format for the collection and reporting of information based on the initial core set of adult oral health quality and equity measures (stratified by race, ethnicity, primary language, disability status, sexual orientation and gender identity) and create guidelines, procedures, and incentives to States to use such measures and to collect and report information regarding the quality and equity of oral health care for enrolled adults. (4) Reports to Congress Not later than 3 years after enactment of this act, and every 3 years thereafter, the Secretary shall include in the report to Congress required under section 1139A(a)(6) information similar to the information required under that section with respect to the measures established under this section. (c) Annual State reports regarding State-Specific oral health quality and equity measures applied under Medicaid (1) In general Each State with a plan approved under title XIX (or with a waiver of such plan in effect) shall annually report (separately or as part of the annual report required under section 1139A(c)) to the Secretary on— (A) the State-specific adult oral health quality and equity measures applied by the State under such a plan or waiver, including measures described in subsection (b)(1); (B) the State-specific information on the quality and equity of oral health care furnished to enrolled adults under such a plan or waiver, including information collected through external quality reviews of managed care organizations under section 1932 and benchmark plans under section 1937, disaggregated by race, ethnicity, primary language, disability status, sexual orientation, and gender identity; (C) the State-specific information regarding the dental benefits available to enrolled adults under such a plan or waiver, including any limits on such benefits and the amount of reimbursement provided under such plan or waiver for such benefits; and (D) the State-specific plan to identify, evaluate, and reduce in meaningful and measurable ways, to the extent practicable, health disparities based on age, sex, race, ethnicity, primary language, sexual orientation and gender identity, and disability status. (2) Publication Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall collect, analyze, and make publicly available the information reported by States under paragraph (1). (d) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section. Funds appropriated under this subsection shall remain available until expended. . (b) Required reporting (1) Medicaid Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (A) in paragraph (86), by striking and at the end; (B) in paragraph (87)(D), by striking the period and inserting ; and ; and (C) by inserting after paragraph (87) the following new paragraph: (88) provide for the reporting required under section 1139C(c). . (2) CHIP Section 2102 of the Social Security Act ( 42 U.S.C. 1397bb ) is amended by adding at the end the following new subsection: (d) Reporting requirements A State child health plan shall provide for the reporting required under section 1139C(c). . 4. Adult oral health care report Not later than 2 years after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall submit to Congress a report on issues related to adult oral health across the 50 States, tribes, and the territories, including— (1) the availability of adult oral health coverage, and enrollment in such coverage; (2) a survey of adult oral health status among low-income women of childbearing age; (3) barriers to accessing adult oral health care, including for racially diverse, ethnically diverse, and limited English proficient communities; (4) innovations and potential solutions to problems of access (including disparities in access) to adult oral health care, including innovations that would expand access to such care beyond dental offices; and (5) the impact of the amendments made by section 2 and recommendations for improving reimbursement rates for such provider of dental and oral health services under the Medicaid program. 5. Oral health outreach and education Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a program, to be implemented through contracts with entities that fund or provide oral health care, to provide— (1) culturally competent and linguistically appropriate information on the availability and scope of oral health and dental coverage for adults who are eligible for or enrolled under a State plan (or waiver of such plan) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (2) assistance in connecting adults and underserved populations enrolled in such a plan (or waiver) to oral health care; (3) education to dental, oral health, and medical professionals to strengthen core competencies in delivering culturally competent oral health care to adults enrolled in such a plan (or waiver), including: individuals with physical and intellectual disabilities, pregnant and postpartum individuals, Alaskan-Native and American-Indian populations, and people living in urban, rural and, other underserved communities; and (4) culturally competent and linguistically appropriate interactive oral health education aimed at promoting good oral health practices for adults, including racially and ethnically diverse Medicaid beneficiaries. | https://www.govinfo.gov/content/pkg/BILLS-117s3166is/xml/BILLS-117s3166is.xml |
117-s-3167 | II 117th CONGRESS 1st Session S. 3167 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Markey (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bank Holding Company Act of 1956 and the Dodd-Frank Wall Street Reform and Consumer Protection Act to require disclosure of certain financed emissions, and for other purposes.
1. Short title This Act may be cited as the Fossil Free Finance Act . 2. Alignment of financed emissions with science-based targets The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ) is amended by adding at the end the following: 15. Alignment of financed emissions with science-based targets (a) Definitions In this section: (1) Covered bank holding company The term covered bank holding company means a bank holding company with total consolidated assets equal to or greater than $50,000,000,000. (2) Deforestation risk commodities The term deforestation risk commodities means globally traded goods and raw materials— (A) that originate from natural forest ecosystems, either— (i) directly from within forest areas; or (ii) from areas previously under forest cover; and (B) the extraction or production of which contributes significantly to the conversion of natural forest to agriculture, tree plantation, or other non-forest land use. (3) Financed emissions The term financed emissions means, with respect to a covered bank holding company, and any nonbank financial company, the share of the emissions of such company attributable to investment in, or the providing of financial services to, a company or project of a company, including— (A) investments in a debt or equity investment in such another company or the assets of such another company; (B) project finance investment; (C) underwriting; (D) syndication or securitization of loans or asset-backed securities; (E) derivative transactions related to financing or hedging; and (F) market making. (4) Fossil fuel financing The term fossil fuel financing means, with respect to a covered bank holding company, investment in— (A) a company that derives 15 percent or more of revenue from exploration, extraction, processing, exporting, transporting, and any other significant action with respect to oil, natural gas, coal, or any byproduct thereof; or (B) a fossil fuel project. (5) Fossil fuel project The term fossil fuel project means a project intended to— (A) facilitate or expand exploration, extraction, processing, exporting, transporting, or any other significant action with respect to oil, natural gas, coal; or (B) construct any infrastructure related to the activities in subparagraph (A), such as wells, pipelines, terminals, refineries, or utility-sale generation facility. (6) 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) contains a tree canopy cover of more than 10 percent over an area of not less than 0.5 hectares. (7) New or expanded fossil fuel project The term new or expanded fossil fuel project means a fossil fuel project that would increase the— (A) level of proven or developable oil, natural gas or coal reserves; (B) midstream throughput of pipelines, terminals or refineries; or (C) combustion of oil, natural gas or coal for utility-scale electricity generation. (b) Requirements Not later than 210 days after the date of the enactment of this subsection, and not less than once every 2 years thereafter, a covered bank holding company shall— (1) submit to the Board an emission reduction plan for reducing emissions in accordance with this section; and (2) if the plan is accepted under subsection (d), implement such plan. (c) Elements of plan Each plan required under subsection (b)(1)— (1) shall include— (A) a plan for the covered bank holding company to reach zero financed emissions by January 1, 2050; (B) a plan to reduce the financed emissions of the bank holding company by 50 percent by January 1, 2030; (C) a plan to discontinue new or expanded fossil fuel projects not later than January 1, 2023; (D) a plan for the covered bank holding company to discontinue thermal coal financing by January 1, 2025; (E) a plan for the covered bank holding company to discontinue fossil fuel financing by January 1, 2030; and (F) a plan for the covered bank holding company to eliminate financing of deforestation risk commodities;“ (G) such other requirements as the Board determines is necessary to protect the financial stability of the United States; (2) may not include carbon offsets; (3) may include proven negative carbon emission technologies to meet the requirements under paragraph (1)(A) alone, provided that these projects do not negatively impact low-income, minority, or indigenous communities; (4) shall prioritize— (A) the covered bank holding company withdrawing funding from companies and projects that have a disproportionately negative impact on health and well-being of low-income and minority communities; and (B) lending to companies for purposes of carrying out severance, retraining, and other benefits to workers impacted by the transition to zero financed emissions. (d) Consideration of plan Not later than 6 months after receiving a plan under subsection (b)(1), the Board shall— (1) accept the plan; or (2) reject the plan if it does not align with science-based targets without the use of offsets or unproven carbon emission reduction technologies and require the covered bank holding company to revise such plan in accordance with the suggestions of the Board. (e) Penalties In the case of a covered bank holding company that does not submit a plan in accordance with this section or meet the requirements set out in such a plan— (1) the Board shall— (A) apply the penalties under section 8, through procedures prescribed by the Board by rule; (B) require divestiture of assets in order to bring the financed emissions of a covered bank holding company into compliance with the requirements set out in such a plan; and (C) notify the Board of Directors of the Federal Deposit Insurance Corporation of the noncompliance of such covered bank holding company; and (2) the Board of Directors of the Federal Deposit Insurance Corporation may, with respect to any covered bank holding company described in paragraph (2)(B) or a subsidiary of such bank holding company that contributes to the failure of such covered bank holding company to comply with this section— (A) terminate insurance under section 8(a)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(a)(2) ); and (B) carry out any other corrective action available under section 38 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831o ). (f) Regulations Not later than 180 days after the date of the enactment of this section, the Board shall issue regulations establishing the format and timing for submission of the plans required under this section. . 3. Contribution to climate change included in fsoc designation (a) Authority To require supervision and regulation of certain nonbank financial companies Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5323 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) the extent to which the company makes a non-trivial contribution to the financed emissions (as defined in section 15 of the Bank Holding Company Act of 1956) of the financial system of the United States; ; and (2) in subsection (b)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) the extent to which the company makes a non-trivial contribution to the financed emissions (as defined in section 15 of the Bank Holding Company Act of 1956) of the financial system of the United States; and . (b) Enhanced supervision and prudential standards for nonbank financial companies supervised by the board of governors and certain bank holding companies (1) Development of prudential standards Section 115(b)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5325(b)(1) ) is amended— (A) in subparagraph (H), by striking and ; (B) in subparagraph (I), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (J) divestiture of financed emissions (as defined in section 15 of the Bank Holding Company Act of 1956). . (2) Required standards Section 165(b)(1)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365(b)(1)(A) ) is amended— (A) in clause (iv), by striking and ; (B) in clause (v), by striking the period and inserting ; and ; and (C) by adding at the end the following: (vi) emissions reduction plans in accordance with section 15 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ). . 4. Reports (a) Definitions In this section: (1) Covered bank holding company The term covered bank holding company means a bank holding company with total consolidated assets equal to or greater than $50,000,000,000. (2) Financed emissions The term financed emissions means, with respect to a covered bank holding company, and any nonbank financial company, the share of the emissions of such company attributable to investment in, or the providing of financial services to, a company or project of a company, including— (A) investments in a debt or equity investment in such another company or the assets of such another company; (B) project finance investment; (C) underwriting; (D) syndication or securitization of loans or asset-backed securities; (E) derivative transactions related to financing or hedging; and (F) market making. (3) Science-based emissions targets The term science-based emissions targets means reduction in greenhouse gas emissions consistent with preventing an increase in global average temperature of greater than or equal to 1.5 degrees Celsius compared to pre-industrial levels. (b) Initial report Not later than 180 days after the date of the enactment of this subsection, the Board of Governors of the Federal Reserve System shall submit a report to Congress that— (1) identifies current level of financed emissions in the financial system of the United States; (2) includes an analysis of trends in financed emissions reductions; (3) includes a summary of the commitments of covered bank holding companies to reduce financed emissions; (4) estimates the financed emissions in the financial system of the United States needed to meet science-based emissions targets; (5) identifies regulatory gaps in reducing financed emissions that cannot be addressed with authorities of the Board and recommendations for addressing such gaps; (6) identifies data quality challenges for assessing financed emissions and recommendations to address those challenges; (7) identifies the equitable transition needs for workers and communities that will be impacted by a shift to a zero financed emissions economy; (8) analyzes— (A) the number and groups of people affected by a transition to zero financed emissions; and (B) the economic impact of such a transition with respect to such groups; and (9) identifies regulatory and legislative options for mitigating the economic impacts described in paragraph (8)(B), including— (A) the use of existing authorities, including the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. ) and emergency lending powers under section 13 of the Federal Reserve Act ( 12 U.S.C. 342 ); and (B) the establishment of a public investment bank to finance investment in an equitable transition to a zero financed emissions economy. (c) Periodic report Not later than 180 days after the date of the enactment of this subsection and not less than once every 2 years thereafter, the Board of Governors of the Federal Reserve System shall submit a report to Congress that includes— (1) an analysis of the progress against aligning with financed emissions targets; (2) the estimates described in subsection (b)(4); and (3) an analysis of the progress made in the preceding 2 years towards an equitable transition to a zero financed emissions economy; and (4) recommendations with respect to assistance Congress and other Federal agencies may provide to— (A) facilitate a reduction of financed emissions; and (B) support an equitable transition to a zero financed emissions economy. (d) Collection of data The Board of Governors of the Federal Reserve System shall collect such data as needed from bank holding companies to carry out the reports under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3167is/xml/BILLS-117s3167is.xml |
117-s-3168 | II 117th CONGRESS 1st Session S. 3168 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to modify the enforceability date for certain provisions, and for other purposes.
1. White Mountain Apache Tribe rural water system (a) Enforceability date (1) In general Section 309(d)(2) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 ( Public Law 111–291 ; 124 Stat. 3088; 133 Stat. 2669) is amended by striking 2023 each place it appears and inserting 2025 . (2) Conforming amendment Section 3(b)(2) of the White Mountain Apache Tribe Rural Water System Loan Authorization Act ( Public Law 110–390 ; 122 Stat. 4191; 124 Stat. 3092; 133 Stat. 2669) is amended by striking beginning on and all that follows through the period at the end and inserting beginning on May 1, 2025. . (b) Funding Section 312(e)(2)(B) of the White Mountain Apache Tribe Water Rights Quantification Act of 2010 ( Public Law 111–291 ; 124 Stat. 3095) is amended by striking $11,000,000 and inserting $261,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s3168is/xml/BILLS-117s3168is.xml |
117-s-3169 | II 117th CONGRESS 1st Session S. 3169 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Hassan introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to prohibit the introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS, and for other purposes.
1. Short title This Act may be cited as the Keep Food Containers Safe from PFAS Act of 2021 . 2. Prohibition against food packaging containing intentionally added PFAS (a) In general Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (fff) (1) The introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS. (2) The term PFAS means a perfluoroalkyl substance or a polyfluoroalkyl substance that is man-made with at least 1 fully fluorinated carbon atom. . (b) Applicability The amendment made by subsection (a) applies beginning on January 1, 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s3169is/xml/BILLS-117s3169is.xml |
117-s-3170 | II 117th CONGRESS 1st Session S. 3170 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure that nothing in Federal law, other than an explicit statement in an Act of Congress, shall be construed to provide an executive agency with the authority to mandate, or implement a mandate, that an individual be inoculated by a COVID–19 vaccine, and for other purposes.
1. Short title This Act may be cited as the No Forced Vaccination for COVID–19 Act . 2. Authority for executive agencies to issue COVID–19 vaccine mandates (a) In general Unless specifically stated in an Act of Congress, nothing in Federal law shall be construed to provide an executive agency with the authority to mandate, or implement a mandate, that an individual be inoculated by a COVID–19 vaccine, including a mandate that an individual either be inoculated by such a vaccine or agree to undergo periodic testing for COVID–19. (b) Rule of construction Nothing in this Act shall be construed to permit or otherwise authorize Congress or an executive agency to enact or otherwise impose a mandate described in subsection (a). (c) Definition of executive agency The term executive agency means an executive agency as defined in section 105 of title 5, United States Code, excluding the uniformed services as defined in section 101(a)(5) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3170is/xml/BILLS-117s3170is.xml |
117-s-3171 | II 117th CONGRESS 1st Session S. 3171 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that Federal work-study funding is available for students enrolled in residency programs for teachers, principals, or school leaders, and for other purposes.
1. Short title This Act may be cited as the Teacher, Principal, and Leader Residency Access Act . 2. Findings Congress finds the following: (1) Across the United States, local educational agencies and elementary schools and secondary schools are struggling to meet the growing demand for qualified teachers. In 2017–18, more than 100,000 classrooms in the United States were staffed by instructors who were unqualified to teach. These classrooms are disproportionately located in low-income, high-minority schools, although schools of every kind have been affected by a lack of qualified applicants in key subjects, including mathematics, special education, science, world languages, career and technical education, and teachers of English learners. (2) Teacher shortages are in significant part driven by teacher turnover. Research shows that teacher turnover is higher for those who enter the profession without adequate preparation. Teachers who enter the profession through a comprehensive, high-quality program with student teaching, formal feedback on their teaching, and multiple courses in student learning, as required in high-quality teaching residency programs, are more likely to remain in the profession compared to teachers who enter through a route that lacks these components. Not only are under-prepared teachers less effective on average, they are also 2 to 3 times more likely to leave teaching than fully prepared teachers. (3) Teacher shortages and teacher turnover are costly. Each time a teacher leaves a school, it not only increases demand but also imposes replacement costs on the local educational agency, which range from $9,000 per teacher in small, rural local educational agencies to more than $20,000 in large, urban local educational agencies. The national price tag of replacement costs for teachers is more than $8,000,000,000 a year. (4) Teaching residency programs, which recruit candidates to work as paid apprentices to skilled expert teachers while completing highly integrated coursework, have been successful in recruiting talented, diverse candidates into high-need fields and local educational agencies. (5) Research on teaching residency programs shows that such programs are effective in bringing more teachers of color into the profession and in preparing such teachers to stay for the long term. In the United States, about 49 percent of individuals in teaching residency programs are students of color, and the same percentage of public school students are people of color, but only 20 percent of teachers are people of color. (6) The teaching residency program model creates long-term benefits for local educational agencies, schools, and for the students served by such agencies and schools. Rigorous studies of teaching residency programs have found significantly higher retention rates for graduates of teaching residency programs, addressing one of the primary contributors to teacher shortages, as well as positive evidence about educator effectiveness. (7) A review of teaching residency program evaluations shows that teachers who completed high-quality teaching residency programs tend to have higher teaching retention rates over time compared to teachers who did not complete such programs, including— (A) in San Francisco, where 80 percent of candidates completing a teaching residency program were still in the classroom after 5 years, compared to 38 percent of candidates who entered the classroom through a different route; (B) in Boston, where teaching residents participating in the Boston Teacher Residency program had higher retention rates compared to teachers who were not teaching residents, with 80 percent of residents still teaching in Boston Public schools for a third year, compared to 63 percent of teachers who were not teaching residents, and 75 percent of teaching residents still teaching for a fifth year, compared to 51 percent of teachers who were not teaching residents; and (C) in Tennessee, where 95 percent of Memphis Teacher Residency program participants were still teaching for a third year, compared with 41 percent of teachers statewide. (8) Additional studies of teaching residency programs show similarly high retention rates of graduates, ranging from 80 percent to 90 percent teaching in the same district after 3 years, and 70 percent to 80 percent teaching in the same district after 5 years. (9) According to data from the San Francisco Unified School District, principals find graduates of teaching residency programs to be well prepared, and in many cases to be better prepared than new teachers who were not in teaching residency programs. Research also shows that teaching residents strengthen schools across the country by reducing teacher shortages and providing local educational agencies with a more sustainable educator workforce. (10) In 2019, there were at least 50 teaching residency programs nationwide, each of which range in size from 5 to 100 teaching residents per year. Several States, including California, Colorado, Georgia, Illinois, Indiana, Louisiana, New Mexico, Pennsylvania, Tennessee, Texas, and West Virginia, are supporting teaching residency programs through regional network partnerships that regularly bring together leadership from across local educational agencies and preparation programs to share knowledge and develop more enduring and reciprocal relationships between such agencies. (11) Teaching residency programs align with the purpose of the Federal Work-Study Program to provide valuable work experience and work related to a student’s course of study and intended profession. Further, the Federal Work-Study Program prioritizes teaching reading based on scientifically based research on reading, a feature consistent with efforts in teaching residency programs to equip all new teachers, regardless of subject area, with the skills to support reading and literacy skills for all students. (12) According to a recent report by the George W. Bush Institute on principal talent management, preparing successful principals requires new, comprehensive approaches by school districts, universities, States, and others who pull together to train and support principals. Thoughtfully designed and implemented principal residency programs can be a powerful piece of this comprehensive and collaborative approach to training future educational leadership. (13) Residencies for aspiring school principals are a promising approach to initiate principal candidates into school leadership practice and have become a part of some comprehensive principal preparation programs over the past 20 years. Principal residencies reinvent the traditional internship experience, which has often been the capstone experience in principal preparation. Residency immerses principal candidates in rigorous apprenticeship experiences that are designed to advance leadership and management practices, as well as emphasize data analysis, action, reflection, and accountability. 3. Federal work-study for residency programs for teachers, principals, and other school leaders Section 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 ) is amended— (1) in subsection (d)— (A) in the header, by inserting School-Based before Tutoring ; (B) in paragraph (1)— (i) by striking tutoring in reading and inserting school-based activities, including residency programs, tutoring in reading, ; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) employed— (i) as reading tutors for children who are preschool age or are in elementary school; or (ii) in family literacy projects; or (B) serving in a residency program of the institution. ; and (C) in paragraph (2)— (i) in subparagraph (A)(ii), by striking and after the semicolon; (ii) in subparagraph (B), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (C) ensure that any student compensated with the funds described in paragraph (1) who is serving in a residency program receives compensation for time spent in training and travel directly related to such residency. ; and (2) by adding at the end the following: (f) Residency programs for teachers, principals, and other school leaders (1) Use of funds Funds granted to an institution under this section may be used to support students serving in residency programs, including compensation for time spent in training and travel directly related to such residency. (2) Priority An institution shall— (A) give priority to students who are serving in a residency program and who have been determined to be eligible for a Federal Pell Grant under section 401; and (B) ensure that any student compensated with the funds described in paragraph (1) for a residency program receives appropriate training to acquire teaching skills or school leader skills. (3) Federal share The Federal share of the compensation of work-study students compensated under this subsection may exceed 75 percent. (4) Definitions In this subsection: (A) Residency program The term residency program means a school-based educator preparation program in which a prospective teacher, principal, or other school leader— (i) for 1 academic year, works alongside a mentor teacher, principal, or other school leader who is— (I) the teacher of record; or (II) rated as effective or above in the State’s school leader evaluation and support system (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, on other comparable indicators of performance; (ii) receives concurrent instruction during the year described in clause (i) from the institution, which may be courses taught by local educational agency personnel or residency program faculty, in, as applicable— (I) the teaching of the content area in which the teacher will become certified or licensed; (II) teaching skills; and (III) leadership, management, organizational, and school leader skills necessary to serve as a principal or other school leader; (iii) acquires effective teaching skills or school leader skills; and (iv) prior to completion of the program, attains full State teacher, principal, or school leader certification or licensure, and becomes profession-ready. (B) Profession-ready The term profession-ready — (i) when used with respect to a teacher, means a teacher who— (I) has completed a teacher preparation program and is fully certified and licensed to teach by the State in which the teacher is employed; (II) has a baccalaureate degree or higher; (III) has demonstrated content knowledge in the subject or subjects the teacher teaches; (IV) has demonstrated the ability to work with students who are culturally and linguistically diverse; (V) has demonstrated teaching skills, such as through— (aa) a teacher performance assessment; or (bb) other measures of teaching skills, as determined by the State; and (VI) has demonstrated proficiency with the use of educational technology; and (ii) when used with respect to a principal or other school leader, means a principal or other school leader who— (I) has an advanced degree, or other appropriate credential; (II) has completed a principal or other school leader preparation process and is fully certified and licensed by the State in which the principal or other school leader is employed; (III) has demonstrated instructional leadership, including the ability to collect, analyze, and utilize data on evidence of student learning and evidence of classroom practice; (IV) has demonstrated proficiency in professionally recognized leadership standards; and (V) has demonstrated the ability to work with students who are culturally and linguistically diverse. (C) School leader The term school leader has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (D) School leader skills The term school leader skills refers to evidenced-based competencies for principals and other school leaders, such as— (i) shaping a vision of academic success for all students; (ii) creating a safe and inclusive learning environment; (iii) cultivating leadership in others; (iv) improving instruction; and (v) managing people, data, and processes to foster school improvement. (E) Teaching skills The term teaching skills has the meaning given the term in section 200. . | https://www.govinfo.gov/content/pkg/BILLS-117s3171is/xml/BILLS-117s3171is.xml |
117-s-3172 | II 117th CONGRESS 1st Session S. 3172 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Lummis (for herself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Agents Registration Act of 1938, as amended, to require registration statements filed under that Act to be filed in a structured data format to enable the statements to be digitized for purposes of the publicly available electronic database maintained under that Act, and for other purposes.
1. Short title This Act may be cited as the Foreign Agents Registration Modernization Act of 2021 . 2. Modifications relating to FARA registration statements (a) Format (1) In general Section 2(g) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612(g) ), is amended— (A) in the subsection heading, by striking Electronic and inserting Format for ; and (B) by striking shall be filed and all that follows through the period at the end and inserting the following: shall be filed in— (1) an electronic, structured data format under which the statement or supplement shall be published in a publicly available, machine-processable digital format for purposes of the National Foreign Agents Database under section 6(d)(1); and (2) such other formats as the Attorney General may require. . (2) Effective date The amendments made by paragraph (1) shall apply with respect to statements and supplements filed under section 2 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 612 ), on or after the date that is 180 days after the date of enactment of this Act. (b) Electronic database (1) Searchability and sortability; designation Section 6(d) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 616(d) ), is amended— (A) in the subsection heading, by striking updates and inserting supplements ; and (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking to the extent technically practicable, an electronic database that and inserting an electronic database, to be known as the National Foreign Agents Database , that ; and (ii) in subparagraph (A), by striking includes the information contained in registration statements and updates and inserting includes, in a digitized format that achieves compliance with the applicable digital accessibility standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ), the information contained in registration statements and supplements . (2) Posting on receipt Section 6(d)(2) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 616(d)(2) ), is amended— (A) by striking update each place it appears and inserting supplement ; and (B) by striking as soon as technically practicable and inserting immediately . (3) Effective date The amendments made by this subsection shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3172is/xml/BILLS-117s3172is.xml |
117-s-3173 | II 117th CONGRESS 1st Session S. 3173 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide special rules for personal casualty losses arising from major disasters.
1. Short title This Act may be cited as the Claiming Losses After Disasters Act . 2. Special rules for casualty losses arising from major disasters (a) Treatment of losses (1) In general Section 165(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Special rule for qualified disaster losses (A) In general If an individual has a qualified net disaster loss for any taxable year, the amount determined under paragraph (2)(A)(ii) shall be the sum of— (i) such net disaster loss, and (ii) so much of the excess referred to in the matter preceding clause (i) of paragraph (2)(A) (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual. (B) Qualified net disaster loss For purposes of subparagraph (A), the term qualified net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains. (C) Qualified disaster-related personal casualty losses (i) In general For purposes of this subsection, the term qualified disaster-related personal casualty losses means losses described in subsection (c)(3) (determined after application of paragraph (1)) which arise in a qualified disaster area on or after the first day of the incident period of the qualified disaster to which such area relates, and which are attributable to such disaster. (ii) Qualified disaster area (I) In general The term qualified disaster area means any area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act if the incident period of the disaster with respect to which such declaration is made begins after December 27, 2020. (II) Exception Such term shall not include any area which is a qualified disaster area as defined in section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020. (iii) Qualified disaster The term qualified disaster means, with respect to any qualified disaster area, the disaster by reason of which a major disaster was declared with respect to such area. (iv) Incident period For purposes of this paragraph, the term incident period means, with respect to any qualified disaster, the period specified by the Federal Emergency Management Agency as the period during which such disaster occurred. . (2) Conforming amendment Section 165(h)(5)(B)(ii) of such Code is amended by inserting or (6) after paragraph (2)(A) . (b) Dollar limitation Section 165(h)(1) of the Internal Revenue Code of 1986 is amended by striking $500 ($100 for taxable years beginning after December 31, 2009) and inserting $100 ($500 in the case of any net disaster loss to which paragraph (3) applies) . (c) Standard deduction (1) In general Section 63(c)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting and , and by adding at the end the following new subparagraph: (C) the disaster loss deduction. . (2) Disaster loss deduction Section 63(c) of such Code is amended by adding at the end the following new paragraph: (8) Disaster loss deduction For the purposes of paragraph (1), the term disaster loss deduction means the excess of qualified net disaster losses (as defined in section 165(h)(6)(B)) over the amount of personal casualty gains (as defined in section 165(h)(3)(A)) reduced by any portion of such gains taken into account under section 165(h)(5)(B)(i). . (d) Treatment under alternative minimum tax Section 56(b)(1)(D) of the Internal Revenue Code of 1986 is amended by inserting (other than the disaster loss deduction) after section 63(c) . (e) Effective date The amendments made by this section shall apply to losses incurred in taxable years beginning after December 31, 2019. | https://www.govinfo.gov/content/pkg/BILLS-117s3173is/xml/BILLS-117s3173is.xml |
117-s-3174 | II 117th CONGRESS 1st Session S. 3174 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Rubio (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the pharmaceutical supply chain of the Department of Defense.
1. Short title This Act may be cited as the Strengthening Supply Chains for Servicemembers and Security Act . 2. Risk management for Department of Defense supply chains (a) Risk management for all Department of Defense supply chains Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals; (2) identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding— (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address— (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (b) Risk management for Department of Defense pharmaceutical supply chain The Director of the Defense Health Agency shall— (1) not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and (2) establish a working group— (A) to assess risks to the pharmaceutical supply chain; (B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and (C) to establish policies for allocating scarce pharmaceutical resources in case of a supply disruption. (c) Responsiveness testing of Defense Logistics Agency pharmaceutical contracts The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01— (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency’s contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. | https://www.govinfo.gov/content/pkg/BILLS-117s3174is/xml/BILLS-117s3174is.xml |
117-s-3175 | II 117th CONGRESS 1st Session S. 3175 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Rosen (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To authorize the Secretary of Defense to carry out a pilot program on establishing data libraries for training artificial intelligence models, and for other purposes.
1. Short title This Act may be cited as the Advancing American Artificial Intelligence Innovation Act of 2021 . 2. Department of Defense pilot program on data libraries for training artificial intelligence models (a) Pilot program authorized The Secretary of Defense, acting through the Director of the Joint Artificial Intelligence Center or such other official as the Secretary considers appropriate, may carry out a pilot program to assess the feasibility and advisability of establishing data libraries for developing and enhancing artificial intelligence capabilities to ensure that the Department of Defense is able to procure optimal artificial intelligence and machine learning software capabilities to meet Department requirements and technology development goals. (b) Authorities In carrying out a pilot program under subsection (a), the Secretary may— (1) establish data libraries containing Department data sets relevant to the development of artificial intelligence software and technology; and (2) allow appropriate public and private sector organizations to access such data libraries for the purposes of developing artificial intelligence models and other technical software solutions. (c) Elements If the Secretary elects to carry out the pilot program under subsection (a), the data libraries established under the program— (1) may include unclassified data representative of diverse types of information, representing Department missions, business processes, and activities; (2) shall be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions; (3) shall be made available to such public and private sector organizations as the Secretary considers appropriate to support rapid development of software and artificial intelligence capabilities; (4) shall include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the lifecycle of its use; and (5) shall be developed to support such other missions and activities as the Secretary considers appropriate. (d) Briefing Not later than 270 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on implementing this section, including an identification of the types of information that the Secretary determines are feasible and advisable to include in the data libraries under subsection (b)(1). (e) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given that term in section 101(a) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s3175is/xml/BILLS-117s3175is.xml |
117-s-3176 | II 117th CONGRESS 1st Session S. 3176 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Tillis (for himself, Mr. Blumenthal , Mr. Burr , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a cause of action for those harmed by exposure to water at Camp Lejeune, North Carolina, and for other purposes.
1. Short title This Act may be cited as the Camp Lejeune Justice Act of 2021 . 2. Federal cause of action relating to water at Camp Lejeune, North Carolina (a) In general An individual, including a veteran (as defined in section 101 of title 38, United States Code), or the legal representative of such an individual, who resided, worked, or was otherwise exposed (including in utero exposure) for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to water at Camp Lejeune, North Carolina, that was supplied by, or on behalf of, the United States may bring an action in the United States District Court for the Eastern District of North Carolina to obtain appropriate relief for harm that was caused by exposure to the water at Camp Lejeune. (b) Burdens and standard of proof (1) In general The burden of proof shall be on the party filing the action to show one or more relationships between the water at Camp Lejeune and the harm. (2) Standards To meet the burden of proof described in paragraph (1), a party shall produce evidence showing that the relationship between exposure to the water at Camp Lejeune and the harm is— (A) sufficient to conclude that a causal relationship exists; or (B) sufficient to conclude that a causal relationship is at least as likely as not. (c) Exclusive jurisdiction and venue The United States District Court for the Eastern District of North Carolina shall have exclusive jurisdiction over any action filed under subsection (a), and shall be the exclusive venue for such an action. Nothing in this subsection shall impair the right of any party to a trial by jury. (d) Exclusive remedy (1) In general An individual, or legal representative of an individual, who brings an action under this section for a harm described in subsection (a), including a latent disease, may not thereafter bring a tort action against the United States for such harm pursuant to any other law. (2) Health and disability benefits relating to water exposure Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative— (A) under— (i) any program under the laws administered by the Secretary of Veterans Affairs; (ii) the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); or (iii) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); and (B) in connection with health care or a disability relating to exposure to the water at Camp Lejeune. (e) Immunity limitation The United States may not assert any claim to immunity in an action under this section that would otherwise be available under section 2680(a) of title 28, United States Code. (f) No punitive damages Punitive damages may not be awarded in any action under this section. (g) Disposition by Federal agency required An individual may not bring an action under this section before complying with section 2675 of title 28, United States Code. (h) Exception for combatant activities This section does not apply to any claim or action arising out of the combatant activities of the Armed Forces. (i) Applicability; period for filing (1) Applicability This section shall apply only to a claim arising before the date of enactment of this Act. (2) Statute of limitations A claim in an action under this section may not be commenced after the later of— (A) the date that is 2 years after the date of enactment of this Act; or (B) the date that is 180 days after the date on which the claim is denied under section 2675 of title 28, United States Code. (3) Inapplicability of other limitations Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3176is/xml/BILLS-117s3176is.xml |
117-s-3177 | II 117th CONGRESS 1st Session S. 3177 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Wyden (for himself, Mr. Whitehouse , Mr. Padilla , Ms. Warren , Mr. Van Hollen , Mrs. Murray , Mr. Brown , Mr. Sanders , Ms. Hirono , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To restore protections for Social Security, Railroad retirement, and Black Lung benefits from administrative offset.
1. Short title This Act may be cited as the Protection of Social Security Benefits Restoration Act . 2. Protecting Social Security, Railroad retirement, and Black Lung benefits from administrative offset (a) Prohibition on administrative offset authority (1) Assignment under Social Security Act Section 207 of the Social Security Act ( 42 U.S.C. 407 ) is amended by adding at the end the following new subsection: (d) Subparagraphs (A), (C), and (D) of section 3716(c)(3) of title 31, United States Code, as such subparagraphs were in effect on the date before the date of enactment of the Protection of Social Security Benefits Restoration Act , shall be null and void and of no effect. . (2) Conforming amendments (A) Section 14(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231m(a) ) is amended by adding at the end the following: . The provisions of section 207(d) of the Social Security Act shall apply with respect to this title to the same extent as they apply in the case of title II of such Act. . (B) Section 2(e) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(e) ) is amended by adding at the end the following: The provisions of section 207(d) of the Social Security Act shall apply with respect to this title to the same extent as they apply in the case of title II of such Act. (b) Repeal of administrative offset authority (1) In general Paragraph (3) of section 3716(c) of title 31, United States Code, is amended— (A) by striking (3)(A)(i) Notwithstanding and all that follows through any overpayment under such program). ; (B) by striking subparagraphs (C) and (D); and (C) by redesignating subparagraph (B) as paragraph (3). (2) Conforming amendment Paragraph (5) of such section is amended by striking the Commissioner of Social Security and . (c) Effective date The amendments made by this section shall apply to any collection by administrative offset occurring on or after the date of enactment of this Act of a claim arising before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3177is/xml/BILLS-117s3177is.xml |
117-s-3178 | II 117th CONGRESS 1st Session S. 3178 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Cornyn (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To express the sense of Congress on interoperability with Taiwan.
1. Sense of Congress on interoperability with Taiwan It is the sense of Congress that, consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ) and the Six Assurances, the United States should seek to support the goals of— (1) improving asymmetric defense capabilities of Taiwan; (2) bolstering deterrence to preserve peace, security, and stability across the Taiwan Strait; and (3) deepening interoperability with Taiwan in defense capabilities, including in— (A) maritime and air domain awareness; and (B) integrated air and missile defense systems. | https://www.govinfo.gov/content/pkg/BILLS-117s3178is/xml/BILLS-117s3178is.xml |
117-s-3179 | II 117th CONGRESS 1st Session S. 3179 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for financial services and general government 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 financial services and general government for the fiscal year ending September 30, 2022, and for other purposes, namely: I DEPARTMENT OF THE TREASURY Departmental Offices SALARIES AND EXPENSES For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical assistance to State, local, and territorial entities; and Treasury-wide management policies and programs activities, $261,669,000: Provided , That of the amount appropriated under this heading— (1) not to exceed $350,000 is for official reception and representation expenses; (2) not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary's certificate; and (3) not to exceed $34,000,000 shall remain available until September 30, 2023, for— (A) the Treasury-wide Financial Statement Audit and Internal Control Program; (B) information technology modernization requirements; (C) the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund; (D) the development and implementation of programs within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements; (E) operations and maintenance of facilities; and (F) international operations. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Committee on Foreign Investment in the United States, $20,000,000, to remain available until expended: Provided , That the chairperson of the Committee may transfer such amounts to any department or agency represented on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That amounts so transferred shall remain available until expended for expenses of implementing section 721 of the Defense Production Act of 1950, as amended ( 50 U.S.C. 4565 ), and shall be available in addition to any other funds available to any department or agency: Provided further , That fees authorized by section 721(p) of such Act shall be credited to this appropriation as offsetting collections: Provided further , That the total amount appropriated under this heading from the general fund shall be reduced as such offsetting collections are received during fiscal year 2022, so as to result in a total appropriation from the general fund estimated at not more than $0. OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, human rights abusers, money launderers, drug kingpins, and other national security threats, $186,192,000, of which not less than $3,000,000 shall be available for addressing human rights violations and corruption, including activities authorized by the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note): Provided , That of the amounts appropriated under this heading, up to $10,000,000 shall remain available until September 30, 2023. CYBERSECURITY ENHANCEMENT ACCOUNT For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $100,000,000, to remain available until September 30, 2024: Provided , That such funds shall supplement and not supplant any other amounts made available to the Treasury offices and bureaus for cybersecurity: Provided further , That of the total amount made available under this heading $4,000,000 shall be available for administrative expenses for the Treasury Chief Information Officer to provide oversight of the investments made under this heading: Provided further , That such funds shall supplement and not supplant any other amounts made available to the Treasury Chief Information Officer. DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) For development and acquisition of automatic data processing equipment, software, and services and for repairs and renovations to buildings owned by the Department of the Treasury, $6,118,000, to remain available until September 30, 2024: Provided , That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department's offices, bureaus, and other organizations: Provided further , That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further , That none of the funds appropriated under this heading shall be used to support or supplement Internal Revenue Service, Operations Support or Internal Revenue Service, Business Systems Modernization . OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $42,362,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until September 30, 2023, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ( 33 U.S.C. 1321 note); and of which not to exceed $1,000 shall be available for official reception and representation expenses. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase and hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); and services authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Inspector General for Tax Administration; $174,250,000, of which $5,000,000 shall remain available until September 30, 2023; of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses. SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM SALARIES AND EXPENSES For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 ( Public Law 110–343 ), $17,000,000. Financial crimes enforcement network SALARIES AND EXPENSES For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109 ; not to exceed $45,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $176,652,000, of which not to exceed $80,600,000 shall remain available until September 30, 2024 for information technology and to implement division F of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). Bureau of the fiscal service SALARIES AND EXPENSES For necessary expenses of operations of the Bureau of the Fiscal Service, $360,266,000; of which not to exceed $8,000,000, to remain available until September 30, 2024, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses. In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380 . Alcohol and tobacco tax and trade bureau SALARIES AND EXPENSES For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $130,000,000; of which $5,000,000 shall remain available until September 30, 2023; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $50,000 shall be available for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided , That of the amount appropriated under this heading, $5,000,000 shall be for the costs of accelerating the processing of formula and label applications: Provided further , That of the amount appropriated under this heading, $5,000,000, to remain available until September 30, 2023, shall be for the costs associated with enforcement of and education regarding the trade practice provisions of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ). United States mint UNITED STATES MINT PUBLIC ENTERPRISE FUND Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided , That the aggregate amount of new liabilities and obligations incurred during fiscal year 2022 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $50,000,000. Community development financial institutions fund program account To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public Law 103–325 ), including services authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX–III, $360,000,000. Of the amount appropriated under this heading— (1) not less than $221,383,000, notwithstanding section 108(e) of Public Law 103–325 ( 12 U.S.C. 4707(e) ) with regard to Small and/or Emerging Community Development Financial Institutions Assistance awards, is available until September 30, 2023, for financial assistance and technical assistance under subparagraphs (A) and (B) of section 108(a)(1), respectively, of Public Law 103–325 ( 12 U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be available for training and outreach under section 109 of Public Law 103–325 ( 12 U.S.C. 4708 ), of which up to $3,153,750 may be used for the cost of direct loans, of which up to $8,000,000, notwithstanding subsection (d) of section 108 of Public Law 103–325 (12 U.S.C. 4707 (d)), may be available to provide financial assistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit individuals with disabilities, and of which not less than $2,000,000 shall be for the Economic Mobility Corps to be operated in conjunction with the Corporation for National and Community Service, pursuant to 42 U.S.C. 12571: Provided , That the cost of direct and guaranteed loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000: Provided further , That of the funds provided under this paragraph, excluding those made to community development financial institutions to expand investments that benefit individuals with disabilities and those made to community development financial institutions that serve populations living in persistent poverty counties, the CDFI Fund shall prioritize Financial Assistance awards to organizations that invest and lend in high-poverty areas: Provided further , That for purposes of this section, the term high-poverty area means any census tract with a poverty rate of at least 20 percent as measured by the 2011–2015 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico or with a poverty rate of at least 20 percent as measured by the 2010 Island areas Decennial Census data for any territory or possession of the United States; (2) not less than $27,500,000, notwithstanding section 108(e) of Public Law 103–325 ( 12 U.S.C. 4707(e) ), is available until September 30, 2023, for financial assistance, technical assistance, training, and outreach programs designed to benefit Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, Tribes and Tribal organizations, and other suitable providers; (3) not less than $42,000,000 is available until September 30, 2023, for the Bank Enterprise Award program; (4) not less than $25,000,000, notwithstanding subsections (d) and (e) of section 108 of Public Law 103–325 ( 12 U.S.C. 4707(d) and (e)), is available until September 30, 2023, for a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of healthy food options in distressed communities; (5) not less than $8,500,000 is available until September 30, 2023, to provide grants for loan loss reserve funds and to provide technical assistance for small dollar loan programs under section 122 of Public Law 103–325 ( 12 U.S.C. 4719 ): Provided , That sections 108(d) and 122(b)(2) of such Public Law shall not apply to the provision of such grants and technical assistance; (6) up to $35,617,000 is available for administrative expenses, including administration of CDFI Fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for the development of tools to better assess and inform CDFI investment performance and CDFI program impacts, and up to $300,000 is for administrative expenses to carry out the direct loan program; and (7) during fiscal year 2022, none of the funds available under this heading are available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4713a ): Provided , That commitments to guarantee bonds and notes under such section 114A shall not exceed $500,000,000: Provided further , That such section 114A shall remain in effect until December 31, 2022: Provided further , That of the funds awarded under this heading, except those provided for the Economic Mobility Corps, not less than 10 percent shall be used for awards that support investments that serve populations living in persistent poverty counties: Provided further , That for the purposes of this paragraph and paragraph (1), the term persistent poverty counties means any county, including county equivalent areas in Puerto Rico, that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the 2011–2015 5-year data series available from the American Community Survey of the Bureau of the Census or any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000 and 2010 Island Areas Decennial Censuses, or equivalent data, of the Bureau of the Census. Internal revenue service TAXPAYER SERVICES For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, $2,940,876,000 which is provided to meet the terms of section 4004(b)(2)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, of which not less than $11,000,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $13,000,000 shall be available for low-income taxpayer clinic grants, of which not less than $30,000,000, to remain available until September 30, 2023, shall be available for the Community Volunteer Income Tax Assistance Matching Grants Program for tax return preparation assistance, and of which not less than $215,000,000 shall be available for operating expenses of the Taxpayer Advocate Service: Provided , That of the amounts made available for the Taxpayer Advocate Service, not less than $5,500,000 shall be for identity theft and refund fraud casework. ENFORCEMENT For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles ( 31 U.S.C. 1343(b) ), and to provide other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, $5,750,275,000, of which not to exceed $250,000,000 shall remain available until September 30, 2023; of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program; and of which not to exceed $21,000,000 shall be for investigative technology for the Criminal Investigation Division: Provided , That the amount made available for investigative technology for the Criminal Investigation Division shall be in addition to amounts made available for the Criminal Investigation Division under the Operations Support heading: Provided further , That, of such amount, $5,462,823,000 is provided to meet the terms of section 4004(b)(2)(B) and section 4005(b)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and $287,452,000 is additional new budget authority specified to pay for tax enforcement activities, including tax compliance to address the Federal tax gap, for purposes of section 4004(b)(2) and section 4005(b) of such resolution: Provided further , That such additional new budget authority may not be transferred or reprogrammed for any other activity. OPERATIONS SUPPORT For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); the operations of the Internal Revenue Service Oversight Board; and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner; $4,577,640,000, of which not to exceed $275,000,000 shall remain available until September 30, 2023; of which not to exceed $10,000,000 shall remain available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed $1,000,000 shall remain available until September 30, 2024, for research; of which not less than $10,000,000, to remain available until expended, shall be available for establishment of an application through which entities registering and renewing registrations in the System for Award Management may request an authenticated electronic certification stating that the entity does or does not have a seriously delinquent tax debt; and of which not to exceed $20,000 shall be for official reception and representation expenses: Provided , That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing major information technology investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language summaries on the status of plans, costs, and results; prior results and actual expenditures of the prior quarter; upcoming deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances; and total expenditures by fiscal year: Provided further , That the Internal Revenue Service shall include, in its budget justification for fiscal year 2023, a summary of cost and schedule performance information for its major information technology systems: Provided further , That, of such amount, $4,448,195,000 is provided to meet the terms of section 4004(b)(2)(B) and section 4005(b)(2) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and $129,445,000 is additional new budget authority specified to pay for tax enforcement activities, including tax compliance to address the Federal tax gap, for purposes of section 4004(b)(2) and section 4005(b) of such resolution: Provided further , That such additional new budget authority may not be transferred or reprogrammed for any other activity. BUSINESS SYSTEMS MODERNIZATION For necessary expenses of the Internal Revenue Service's business systems modernization program, $305,032,000, to remain available until September 30, 2024, which is provided to meet the terms of section 4004(b)(2)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022 and shall be for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided , That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing major information technology investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language summaries on the status of plans, costs, and results; prior results and actual expenditures of the prior quarter; upcoming deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances; and total expenditures by fiscal year. ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE (INCLUDING TRANSFER OF FUNDS) 101. Not to exceed 4 percent of the appropriation made available in this Act to the Internal Revenue Service under the Enforcement heading, and not to exceed 5 percent of any other appropriation made available in this Act to the Internal Revenue Service, may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate. 102. The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes. 105. The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer's former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer. 106. None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States. 107. None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. 108. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled Review of the August 2010 Small Business/Self-Employed Division's Conference in Anaheim, California (Reference Number 2013–10–037). 109. None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended— (1) to make a payment to any employee under a bonus, award, or recognition program; or (2) under any hiring or personnel selection process with respect to re-hiring a former employee; unless such program or process takes into account the conduct and Federal tax compliance of such employee or former employee. 110. None of the funds made available by this Act may be used in contravention of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information). Administrative provisions—department of the treasury (INCLUDING TRANSFERS OF FUNDS) 111. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109 . 112. Not to exceed 2 percent of any appropriations in this title made available under the headings Departmental Offices—Salaries and Expenses , Office of Inspector General , Special Inspector General for the Troubled Asset Relief Program , Financial Crimes Enforcement Network , Bureau of the Fiscal Service , and Alcohol and Tobacco Tax and Trade Bureau may be transferred between such appropriations upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That no transfer under this section may increase or decrease any such appropriation by more than 2 percent. 113. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That no transfer may increase or decrease any such appropriation by more than 2 percent. 114. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. 115. The Secretary of the Treasury may transfer funds from the Bureau of the Fiscal Service—Salaries and Expenses to the Debt Collection Fund as necessary to cover the costs of debt collection: Provided , That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund. 116. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. 117. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 118. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2022 until the enactment of the Intelligence Authorization Act for Fiscal Year 2022. 119. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses. 120. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days following the submission of the annual budget submitted by the President: Provided , That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account: Provided further , That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed. 121. Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund. 122. (a) Not later than 60 days after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). 123. For an additional amount for Special Inspector General for Pandemic Recovery , $10,000,000, to remain available until expended, for necessary expenses in carrying out section 4018 of the Coronavirus Act, Relief, and Economic Security Act of 2020 ( Public Law 116–136 ). This title may be cited as the Department of the Treasury Appropriations Act, 2022 . II EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT The white house SALARIES AND EXPENSES For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105 ; subsistence expenses as authorized by 3 U.S.C. 105 , which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103 ); and not to exceed $19,000 for official reception and representation expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , $69,500,000. Executive residence at the white house OPERATING EXPENSES For necessary expenses of the Executive Residence at the White House, $15,077,000, to be expended and accounted for as provided by 3 U.S.C. 105 , 109, 110, and 112–114. REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided , That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further , That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further , That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further , That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further , That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further , That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717: Provided further , That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further , That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further , That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further , That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. White house repair and restoration For the repair, alteration, and improvement of the Executive Residence at the White House pursuant to 3 U.S.C. 105(d) , $2,500,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued preventative maintenance. Council of economic advisers SALARIES AND EXPENSES For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 ( 15 U.S.C. 1021 et seq. ), $4,700,000. National security council and homeland security council SALARIES AND EXPENSES For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109 , $12,500,000 of which not to exceed $10,000 shall be available for official reception and representation expenses. Office of administration SALARIES AND EXPENSES For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , and hire of passenger motor vehicles, $105,000,000, of which not to exceed $12,800,000 shall remain available until expended for continued modernization of information resources within the Executive Office of the President. Office of management and budget SALARIES AND EXPENSES For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 , to carry out the provisions of chapter 35 of title 44, United States Code, and to prepare and submit the budget of the United States Government, in accordance with section 1105(a) of title 31, United States Code, $115,000,000, of which not to exceed $3,000 shall be available for official representation expenses: Provided , That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 ( 7 U.S.C. 601 et seq. ): Provided further , That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further , That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the annual work plan developed by the Corps of Engineers for submission to the Committees on Appropriations: Provided further , That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process: Provided further , That the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported: Provided further , That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided further , That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly. Intellectual property enforcement coordinator For necessary expenses of the Office of the Intellectual Property Enforcement Coordinator, as authorized by title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ), including services authorized by 5 U.S.C. 3109 , $1,838,000. OFFICE OF THE NATIONAL CYBER DIRECTOR SALARIES AND EXPENSES For necessary expenses of the Office of the National Cyber Director, as authorized by section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), $15,000,000, of which not to exceed $5,000 shall be available for official reception and representation expenses. Office of national drug control policy SALARIES AND EXPENSES For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998, as amended; not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $20,000,000: Provided , That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. FEDERAL DRUG CONTROL PROGRAMS HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $293,500,000, to remain available until September 30, 2023, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas ( HIDTAs ), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall be obligated not later than 120 days after enactment of this Act: Provided , That up to 49 percent may be transferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $5,800,000 may be used for auditing services and associated activities and $3,500,000 shall be for a new Grants Management System for use by the Office of National Drug Control Policy: Provided further , That any unexpended funds obligated prior to fiscal year 2020 may be used for any other approved activities of that HIDTA, subject to reprogramming requirements: Provided further , That each HIDTA designated as of September 30, 2021, shall be funded at not less than the fiscal year 2021 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further , That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2022 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act: Provided further , That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein and upon notification to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to this appropriation. OTHER FEDERAL DRUG CONTROL PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For other drug control activities authorized by the Anti-Drug Abuse Act of 1988 and the Office of National Drug Control Policy Reauthorization Act of 1998, as amended, $132,417,000, to remain available until expended, which shall be available as follows: $106,000,000 for the Drug-Free Communities Program, of which $2,500,000 shall be made available as directed by section 4 of Public Law 107–82 , as amended by section 8204 of Public Law 115–271 ; $3,000,000 for drug court training and technical assistance; $14,000,000 for anti-doping activities; up to $3,167,000 for the United States membership dues to the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and $5,000,000 for activities authorized by section 103 of Public Law 114–198 : Provided , That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out such activities: Provided further , That the Director of the Office of National Drug Control Policy shall, not fewer than 30 days prior to obligating funds under this heading for United States membership dues to the World Anti-Doping Agency, submit to the Committees on Appropriations of the House of Representatives and the Senate a spending plan and explanation of the proposed uses of these funds. Unanticipated needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108 , $1,000,000, to remain available until September 30, 2023. Information technology oversight and reform (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $10,000,000, to remain available until expended: Provided , That the Director of the Office of Management and Budget may transfer these funds to one or more other agencies to carry out projects to meet these purposes. Special assistance to the President SALARIES AND EXPENSES For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106 , including subsistence expenses as authorized by 3 U.S.C. 106 , which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $5,726,000. Official residence of the vice President OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 106(b)(2) , $313,000: Provided , That advances, repayments, or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Administrative provisions—executive office of the President and funds appropriated to the president (INCLUDING TRANSFER OF FUNDS) 201. From funds made available in this Act under the headings The White House , Executive Residence at the White House , White House Repair and Restoration , Council of Economic Advisers , National Security Council and Homeland Security Council , Office of Administration , Special Assistance to the President , and Official Residence of the Vice President , the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, with advance approval of the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided , That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further , That no amount shall be transferred from Special Assistance to the President or Official Residence of the Vice President without the approval of the Vice President. 202. (a) During fiscal year 2022, any Executive order or Presidential memorandum issued or revoked by the President shall be accompanied by a written statement from the Director of the Office of Management and Budget on the budgetary impact, including costs, benefits, and revenues, of such order or memorandum. (b) Any such statement shall include— (1) a narrative summary of the budgetary impact of such order or memorandum on the Federal Government; (2) the impact on mandatory and discretionary obligations and outlays as the result of such order or memorandum, listed by Federal agency, for each year in the 5-fiscal-year period beginning in fiscal year 2022; and (3) the impact on revenues of the Federal Government as the result of such order or memorandum over the 5-fiscal-year period beginning in fiscal year 2022. (c) If an Executive order or Presidential memorandum is issued during fiscal year 2022 due to a national emergency, the Director of the Office of Management and Budget may issue the statement required by subsection (a) not later than 15 days after the date that such order or memorandum is issued. (d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. 203. Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a memorandum to all Federal departments, agencies, and corporations directing compliance with the provisions in title VII of this Act. 204. (a) Beginning not later than 10 days after the date of enactment of this Act and until the requirements of subsection (b) are completed, the Office of Management and Budget shall provide to the Committees on Appropriations and the Budget of the House of Representatives and the Senate each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, approved by the Office of Management and Budget, including any associated footnotes, not later than 2 business days after the date of approval of such apportionment by the Office of Management and Budget. (b) Not later than 120 days after the date of enactment of this Act, the Office of Management and Budget shall complete implementation of 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, and shall place on such website each document apportioning an appropriation, pursuant to such section 1513(b), including any associated footnotes, already approved the current fiscal year, and shall report the date of completion of such requirements to the Committees on Appropriations and the Budget of the House of Representatives and Senate. (c) Each document apportioning an appropriation pursuant to section 1513(b) of title 31, United States Code, that is posted on a publicly accessible website pursuant to such section shall also include a written explanation by the official approving each such apportionment stating the rationale for any footnotes for apportioned amounts: Provided , That 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. (d) (1) Not later than 15 days after the date of enactment of this Act, 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: Provided , That 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: Provided further , That 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) 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 appropriate congressional committees explaining why such change was made. 205. (a) The Office of Administration may carry out a program to provide payments (such as stipends, subsistence allowances, cost reimbursements, or awards) to students, recent graduates, and veterans recently discharged from active duty who are performing voluntary services in the Executive Office of the President under 5 U.S.C. 3111(b) or comparable authority. Such payments shall not be considered compensation for purposes of 5 U.S.C. 3111(b)(2) and may be paid in advance. (b) Of the amounts made available to the Office of Administration for salaries and expenses, up to $4,500,000 shall be available to carry out the program, to be allocated as the Director of the Office of Administration considers appropriate. (c) Amounts available under subsections (a) and (b) are in addition to any other amounts available to a component of the Executive Office of the President for making payments or providing compensation to students, recent graduates, and veterans recently discharged from active duty. This title may be cited as the Executive Office of the President Appropriations Act, 2022 . III THE JUDICIARY Supreme court of the united states SALARIES AND EXPENSES For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $98,338,000, of which $1,500,000 shall remain available until expended. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court. CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $10,309,000, to remain available until expended. United states court of appeals for the federal circuit SALARIES AND EXPENSES For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $34,506,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. United states court of international trade SALARIES AND EXPENSES For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $20,766,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. Courts of appeals, district courts, and other judicial services SALARIES AND EXPENSES For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $5,651,379,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects. In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 ( Public Law 99–660 ), not to exceed $9,850,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. DEFENDER SERVICES For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A ) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1) ; the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and reimbursement of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b) ; and for necessary training and general administrative expenses, $1,368,175,000, to remain available until expended. FEES OF JURORS AND COMMISSIONERS For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863 ; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $46,957,000, to remain available until expended: Provided , That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332 . COURT SECURITY (INCLUDING TRANSFER OF FUNDS) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act ( Public Law 100–702 ), $682,265,000, of which not to exceed $20,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General. Administrative office of the united states courts SALARIES AND EXPENSES For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345 , hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b) , advertising and rent in the District of Columbia and elsewhere, $100,000,000, of which not to exceed $8,500 is authorized for official reception and representation expenses. Federal judicial center SALARIES AND EXPENSES For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219 , $30,400,000; of which $1,800,000 shall remain available through September 30, 2023, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses. United states sentencing commission SALARIES AND EXPENSES For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $20,829,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. Administrative provisions—The judiciary (INCLUDING TRANSFER OF FUNDS) 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109 . 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except Courts of Appeals, District Courts, and Other Judicial Services, Defender Services and Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners , shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided , That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference. 304. Section 3315(a) of title 40, United States Code, shall be applied by substituting Federal for executive each place it appears. 305. In accordance with 28 U.S.C. 561–569 , and notwithstanding any other provision of law, the United States Marshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authorizes the Department of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E) . For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security. 306. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note), is amended in the matter following paragraph 12— (1) in the second sentence (relating to the District of Kansas), by striking 30 years and 6 months and inserting 31 years and 6 months ; and (2) in the sixth sentence (relating to the District of Hawaii), by striking 27 years and 6 months and inserting 28 years and 6 months . (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 ; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second sentence (relating to the eastern District of Missouri) by striking 28 years and 6 months and inserting 29 years and 6 months . (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 ; 28 U.S.C. 133 note), is amended— (1) in the first sentence by striking 19 years and inserting 20 years ; (2) in the second sentence (relating to the central District of California), by striking 18 years and 6 months and inserting 19 years and 6 months ; and (3) in the third sentence (relating to the western district of North Carolina), by striking 17 years and inserting 18 years . This title may be cited as the Judiciary Appropriations Act, 2022 . IV DISTRICT OF COLUMBIA Federal funds FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $40,000,000, to remain available until expended: Provided , That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further , That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further , That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further , That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further , That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor. FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $25,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS For salaries and expenses for the District of Columbia Courts, $238,000,000 to be allocated as follows: for the District of Columbia Court of Appeals, $14,366,000, of which not to exceed $2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $133,829,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $83,443,000, of which not to exceed $2,500 is for official reception and representation expenses; and $6,362,000, to remain available until September 30, 2023, for capital improvements for District of Columbia courthouse facilities: Provided , That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and facilities condition assessment: Provided further , That, in addition to the amounts appropriated herein, fees received by the District of Columbia Courts for administering bar examinations and processing District of Columbia bar admissions may be retained and credited to this appropriation, to remain available until expended, for salaries and expenses associated with such activities, notwithstanding section 450 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.50): Provided further , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further , That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $9,000,000 of the funds provided under this heading among the items and entities funded under this heading: Provided further , That the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for employees of the District of Columbia Courts. FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21–2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $46,005,000, to remain available until expended: Provided , That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further , That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies. FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $286,425,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002: Provided , That, of the funds appropriated under this heading, $206,006,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons, of which $14,747,000 shall remain available until September 30, 2024, for costs associated with the relocation under replacement leases for headquarters offices, field offices and related facilities: Provided further , That, of the funds appropriated under this heading, $80,419,000 shall be available to the Pretrial Services Agency, of which $7,304,000 shall remain available until September 30, 2023, for costs associated with relocation under a replacement lease for headquarters offices, field offices, and related facilities: Provided further , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further , That amounts under this heading may be used for programmatic incentives for defendants to successfully complete their terms of supervision. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $57,676,000: Provided , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further , That the District of Columbia Public Defender Service may establish for employees of the District of Columbia Public Defender Service a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, except that the maximum amount of the payment made under the program to any individual may not exceed the amount referred to in section 3523(b)(3)(B) of title 5, United States Code: Provided further , That for the purposes of engaging with, and receiving services from, Federal Franchise Fund Programs established in accordance with section 403 of the Government Management Reform Act of 1994, as amended, the District of Columbia Public Defender Service shall be considered an agency of the United States Government. FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL For a Federal payment to the Criminal Justice Coordinating Council, $2,150,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For a Federal payment, to remain available until September 30, 2023, to the Commission on Judicial Disabilities and Tenure, $330,000, and for the Judicial Nomination Commission, $300,000. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT For a Federal payment for a school improvement program in the District of Columbia, $52,500,000, to remain available until expended, for payments authorized under the Scholarships for Opportunity and Results Act (division C of Public Law 112–10 ): Provided , That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such Act ( Public Law 112–10 ; 125 Stat. 211) including students who were not offered a scholarship during any previous school year: Provided further , That within funds provided for opportunity scholarships up to $1,750,000 shall be for the activities specified in sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be for the activities specified in section 3009 of the Act. FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD For a Federal payment to the District of Columbia National Guard, $600,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY For a Federal payment to the District of Columbia Water and Sewer Authority, $8,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided , That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment. District of columbia funds Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ( General Fund ) for programs and activities set forth in the Fiscal Year 2022 Local Budget Act of 2021 (D.C. Act 24–173) and at rates set forth under such Act, as amended as of the date of enactment of this Act: Provided , That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and 817 of the Financial Services and General Government Appropriations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2022 under this heading shall not exceed the estimates included in the Fiscal Year 2022 Local Budget Act of 2021, as amended as of the date of enactment of this Act or the sum of the total revenues of the District of Columbia for such fiscal year: Provided further , That the amount appropriated may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further , That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further , That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2022, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. This title may be cited as the District of Columbia Appropriations Act, 2022 . V INDEPENDENT AGENCIES Administrative conference of the united states SALARIES AND EXPENSES For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq. , $3,400,000, to remain available until September 30, 2023, of which not to exceed $1,000 is for official reception and representation expenses. Commodity futures trading commission (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases), in the District of Columbia and elsewhere, $322,000,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, of which not less than $20,000,000 shall remain available until September 30, 2023, and of which not less than $4,017,000 shall be for expenses of the Office of the Inspector General: Provided , That notwithstanding the limitations in 31 U.S.C. 1553 , amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered into prior to the date of enactment of this Act: Provided further , That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against accounts closed pursuant to 31 U.S.C. 1552 , and consistent with the preceding proviso, such amounts shall be transferred to and recorded in a no-year account in the Treasury, which has been established for the sole purpose of recording adjustments for and liquidating such unpaid obligations. In addition, for move, replication, and related costs associated with replacement leases for the Commission's facilities, not to exceed $62,000,000, to remain available until expended. Consumer product safety commission SALARIES AND EXPENSES For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376 , purchase of nominal awards to recognize non-Federal officials' contributions to Commission activities, and not to exceed $4,000 for official reception and representation expenses, $148,000,000. ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY COMMISSION 501. During fiscal year 2022, none of the amounts made available by this Act may be used to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles published by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after— (1) the National Academy of Sciences, in consultation with the National Highway Traffic Safety Administration and the Department of Defense, completes a study to determine— (A) the technical validity of the lateral stability and vehicle handling requirements proposed by such standard for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ROV ) rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements; (B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted; (C) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a ROV’s rollover resistance on a progressive scale; and (D) the effect on the utility of ROVs used by the United States military if the proposed requirements were adopted; and (2) a report containing the results of the study completed under paragraph (1) is delivered to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. Election assistance commission SALARIES AND EXPENSES For necessary expenses to carry out the Help America Vote Act of 2002 ( Public Law 107–252 ), $20,000,000, of which $1,500,000 shall be made available to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002. Election security grants Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002 ( 52 U.S.C. 20904(c)(2)(B) ), $100,000,000 is provided to the Election Assistance Commission for necessary expenses to make payments to States for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, as authorized by sections 101, 103, and 104 of such Act: Provided , That for purposes of applying such sections, the Commonwealth of the Northern Mariana Islands shall be deemed to be a State and, for purposes of sections 101(d)(2) and 103(a) shall be treated in the same manner as the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands: Provided further , That each reference to the Administrator of General Services or the Administrator in sections 101 and 103 shall be deemed to refer to the Election Assistance Commission : Provided further , That each reference to $5,000,000 in section 103 shall be deemed to refer to $1,000,000 and each reference to $1,000,000 in section 103 shall be deemed to refer to $200,000 : Provided further , That not later than 45 days after the date of enactment of this Act, the Election Assistance Commission shall make the payments to States under this heading: Provided further , That States shall submit semi-annual financial reports and annual progress reports. Federal communications commission SALARIES AND EXPENSES For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109 , $387,950,000, to remain available until expended: Provided , That $387,950,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses and shall remain available until expended: Provided further , That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2022 so as to result in a final fiscal year 2022 appropriation estimated at $0: Provided further , That, notwithstanding 47 U.S.C. 309(j)(8)(B) , proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $128,621,000 for fiscal year 2022: Provided further , That, of the amount appropriated under this heading, not less than $11,854,000 shall be for the salaries and expenses of the Office of Inspector General. ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS COMMISSION 510. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking December 31, 2021 each place it appears and inserting December 31, 2023 . 511. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. Federal Deposit Insurance Corporation OFFICE OF THE INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $46,500,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal Election Commission SALARIES AND EXPENSES For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $76,500,000, of which not to exceed $5,000 shall be available for reception and representation expenses. Federal Labor Relations Authority SALARIES AND EXPENSES For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109 , and including hire of experts and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $27,900,000: Provided , That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law ( 5 U.S.C. 5703 ) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further , That, notwithstanding 31 U.S.C. 3302 , funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. Federal Permitting Improvement Steering Council ENVIRONMENTAL REVIEW IMPROVEMENT FUND For necessary expenses of the Environmental Review Improvement Fund established pursuant to 42 U.S.C. 4370m–8(d) , $10,000,000, to remain available until expended. Federal Trade Commission SALARIES AND EXPENSES For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; services as authorized by 5 U.S.C. 3109 ; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $384,000,000, to remain available until expended: Provided , That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further , That, notwithstanding any other provision of law, not to exceed $138,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further , That, notwithstanding any other provision of law, not to exceed $20,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6101 et seq. ), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2022, so as to result in a final fiscal year 2022 appropriation from the general fund estimated at not more than $226,000,000: Provided further , That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t ). General Services Administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE (INCLUDING TRANSFERS OF FUNDS) Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $11,049,095,000, of which— (1) $1,298,066,000 shall remain available until expended for new construction and acquisition (including funds for sites and expenses, and associated design and construction services and feasibility studies), and demolition and related site and security expenses, of which— (A) $1,243,666,000 is for new construction and acquisition as follows: Alaska: Alcan, U.S. Land Port of Entry, $187,509,000; Arizona: San Luis I, U.S. Land Port of Entry, Phase II, $115,875,000; California: Calexico West, U.S. Land Port of Entry, Phase IIB, $103,376,000; District of Columbia: DHS Consolidation at St. Elizabeths, $253,797,000; Southeast Federal Center Remediation, $9,000,000; Maine: Coburn Gore, U.S. Land Port of Entry, $93,840,000; Minnesota: International Falls, U.S. Land Port of Entry, $249,629,000; Missouri: Kansas City, Hardesty Federal Complex Remediation, $28,553,000; Puerto Rico: San Juan, U.S. Courthouse, $22,476,000; Tennessee: Chattanooga, U.S. Courthouse, $94,611,000; Vermont: Highgate, Highgate Springs, U.S. Land Port of Entry, $85,000,000; (B) $52,000,000 is for demolition of the buildings located at 202-220 South State Street in Chicago, Illinois, and protection of the adjacent buildings during the demolition process, securing the vacant site of the demolished buildings, and landscaping the vacant site following demolition; and (C) $1,500,000 is for feasibility studies to assess goals, scope, customer need, and alternatives for the following projects: Arizona: Nogales, Dennis DeConcini U.S. Land Port of Entry, $500,000: Georgia: Atlanta, Chamblee Campus, $500,000; New Mexico: Santa Teresa, U.S. Land Port of Entry, $500,000: Provided , That each of the foregoing limits of costs on new construction and acquisition projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount; (2) $1,000,000,000 shall remain available until expended for repairs and alterations, including associated design and construction services, of which— (A) $476,753,000 is for Major Repairs and Alterations as follows: Alabama: Selma, U.S. Federal Building and Courthouse, $4,200,000; District of Columbia: Regional Office Building Phase, 2 $89,172,000; Ronald Reagan Building Complex, $64,800,000; Hawaii: Honolulu, Prince J. Kuhio Kalanianaole Federal Building and U.S. Courthouse, $44,364,000; Indiana: Indianapolis, Major General Emmett J. Bean Federal Center, $44,239,000; Indianapolis, Minton-Capehart Federal Building, $19,373,000; Maryland: Suitland, Suitland Federal Campus, $20,000,000; Massachusetts: Boston, Thomas P. O'Neill Jr. Federal Building, $15,107,000; Michigan: Detroit, Patrick V. McNamara Federal Building Garage, $20,734,000; Mississippi: Hattiesburg, William M. Colmer Federal Building and U.S. Courthouse, $27,000,000; Vicksburg, Mississippi River Commission Building, $23,749,000; Washington: Tacoma, Tacoma Union Station, $48,615,000; West Virginia: Clarksburg, Clarksburg Post Office and U.S. Courthouse, $55,400,000: (B) $388,710,000 is for Basic Repairs and Alterations; and (C) $134,537,000 is for Special Emphasis Programs: Provided , That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further , That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further , That the amounts provided in this or any prior Act for Repairs and Alterations may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further , That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading Repairs and Alterations , may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further , That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading Repairs and Alterations or used to fund authorized increases in prospectus projects; (3) $5,906,024,000 for rental of space to remain available until expended; and (4) $2,845,005,000 for building operations to remain available until expended: Provided , That the total amount of funds made available from this Fund to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a) , has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further , That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further , That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056 , shall be available from such revenues and collections: Provided further , That revenues and collections and any other sums accruing to this Fund during fiscal year 2022, excluding reimbursements under 40 U.S.C. 592(b)(2) , in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. GENERAL ACTIVITIES GOVERNMENT-WIDE POLICY For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109 ; $67,000,000. OPERATING EXPENSES For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, management, and communications; and services as authorized by 5 U.S.C. 3109 ; $52,000,000, of which not to exceed $7,500 is for official reception and representation expenses. CIVILIAN BOARD OF CONTRACT APPEALS For expenses authorized by law, not otherwise provided for, for the activities associated with the Civilian Board of Contract Appeals, $9,800,000, of which $2,000,000 shall remain available until September 30, 2023. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109 , $69,000,000: Provided , That not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further , That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS For carrying out the provisions of the Act of August 25, 1958 ( 3 U.S.C. 102 note), and Public Law 95–138 , $5,000,000. FEDERAL CITIZEN SERVICES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of Products and Programs, including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 ; and for necessary expenses in support of interagency projects that enable the Federal Government to enhance its ability to conduct activities electronically, through the development and implementation of innovative uses of information technology; $59,200,000, to be deposited into the Federal Citizen Services Fund: Provided , That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal Citizen Services Fund: Provided further , That the appropriations, revenues, reimbursements, and collections deposited into the Fund shall be available until expended for necessary expenses of Federal Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct activities electronically in the aggregate amount not to exceed $150,000,000: Provided further , That appropriations, revenues, reimbursements, and collections accruing to this Fund during fiscal year 2022 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts: Provided further , That the transfer authorities provided herein shall be in addition to any other transfer authority provided in this Act. ASSET PROCEEDS AND SPACE MANAGEMENT FUND For carrying out section 16(b) of the Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 note), $4,000,000, to remain available until expended. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the Working Capital Fund of the General Services Administration, $14,250,000, to remain available until expended, of which $8,500,000 is available for necessary costs incurred by the Administrator to modernize rulemaking systems and to provide support services for Federal rulemaking agencies, and of which $5,750,000 is available for work related to human resources information technology modernization, including costs associated with facilitating the development and finalization of human capital data standards: Provided , That such funds for human resources information technology modernization may be transferred and credited to other appropriations, including those of the Office of Personnel Management, in amounts necessary to cover or reimburse costs incurred for the purposes provided herein: Provided further , That amounts made available under this heading shall be in addition to any other amounts available for such purposes. ELECTRIC VEHICLES FUND (INCLUDING TRANSFER OF FUNDS) For the procurement of zero emission and electric passenger motor vehicles and the associated charging infrastructure, notwithstanding section 303(c) of the Energy Policy Act of 1992 ( 42 U.S.C. 13212(c) ), $200,000,000, to remain available until expended: Provided , That amounts made available under this heading shall be in addition to any other amounts available for such purposes: Provided further , That amounts made available under this heading may be transferred to and merged with appropriations at other Federal agencies, at the discretion of the Administrator, for carrying out the purposes under this heading, including for the procurement of charging infrastructure for the United States Postal Service. ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 521. Funds in the Federal Buildings Fund made available for fiscal year 2022 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided , That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate. 522. (a) Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2023 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. (b) Funds made available by this Act shall only be used to execute a United States Courthouse construction project funded under this Act if the design guide standards in subsection (a)(1) are met for such project. 523. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 ( Public Law 92–313 ). 524. From funds made available under the heading Federal Buildings Fund, Limitations on Availability of Revenue , claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307 , the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution. 526. With respect to E–Government projects funded under the heading Federal Citizen Services Fund , the Administrator of General Services shall submit a spending plan and explanation for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of enactment of this Act. 527. Section 323 of title 40, United States Code, is amended by adding at the end a new subsection: (f) The Administrator may enter into agreements to provide services through the Fund on a fully reimbursable basis. . 528. Section 3173(d)(1) of title 40, United States Code, is amended by inserting before the period the following: or for agency-wide acquisition of equipment or systems or the acquisition of services in lieu thereof, as necessary to implement the Act . 529. Section 3173(b)(1) of title 40, United States Code, is amended by inserting , including advance payments, after Amounts received . 530. (a) No later than 180 days after the date of enactment of this Act, the Administrator of the General Services Administration shall transmit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate, a report on the construction of a new headquarters for the Federal Bureau of Investigation (FBI) in the National Capital Region. (b) The report transmitted under subsection (a) shall be consistent with the requirements of section 3307(b) of title 40, United States Code, and include a summary of the material provisions of the construction and consolidation of the FBI in a new headquarters facility, including all the costs associated with site acquisition, design, management, and inspection, and a description of all buildings and infrastructure needed to complete the project. (c) Any FBI headquarters project shall result in a consolidation of space in the National Capital Area and shall meet key tenets of the space, transportation, and security requirements included in the General Services Administration’s Fiscal Year 2017 prospectus (PNCR–FBI–NCR 17). Harry S Truman Scholarship Foundation SALARIES AND EXPENSES For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642 , $3,000,000, to remain available until expended. Merit Systems Protection Board SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 ( 5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $46,027,000, to remain available until September 30, 2023, and in addition not to exceed $2,345,000, to remain available until September 30, 2023, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. Morris K. Udall and Stewart L. Udall Foundation MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) For payment to the Morris K. Udall and Stewart L. Udall Foundation, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act ( 20 U.S.C. 5601 et seq. ), $1,800,000, to remain available until expended, of which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000 shall be available to carry out the activities authorized by section 6(7) of Public Law 102–259 and section 817(a) of Public Law 106–568 ( 20 U.S.C. 5604(7) ): Provided , That all current and previous amounts transferred to the Office of Inspector General of the Department of the Interior will remain available until expended for audits and investigations of the Morris K. Udall and Stewart L. Udall Foundation, consistent with the Inspector General Act of 1978 (5 U.S.C. App.), as amended, and for annual independent financial audits of the Morris K. Udall and Stewart L. Udall Foundation pursuant to the Accountability of Tax Dollars Act of 2002 ( Public Law 107–289 ): Provided further , That previous amounts transferred to the Office of Inspector General of the Department of the Interior may be transferred to the Morris K. Udall and Stewart L. Udall Foundation for annual independent financial audits pursuant to the Accountability of Tax Dollars Act of 2002 ( Public Law 107–289 ). ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $3,586,000, to remain available until expended. National Archives and Records Administration OPERATING EXPENSES For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning, $403,667,000, of which $29,000,000 shall remain available until expended for expenses necessary to enhance the Federal Government's ability to electronically preserve, manage, and store Government records. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409 , 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $5,000,000. REPAIRS AND RESTORATION (INCLUDING TRANSFER OF FUNDS) For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $71,000,000, to remain available until expended, of which $11,500,000 is for the Harry S. Truman Library Institute for National and International Affairs in Kansas City, Missouri, and of which $20,000,000 is for the Ulysses S. Grant Presidential Library in Starkville, Mississippi: Provided , That such funds may be transferred directly to the Truman Library Institute and to Mississippi State University and maybe used for improvements to library grounds and construction and related activities. NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504 , $7,500,000, to remain available until expended. ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 531. For an additional amount under the heading National Historical Publications and Records Commission Grants Program”, $5,265,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading ‘‘Administrative Provisions—National Archives and Records Administration in the explanatory statement accompanying this Act: Provided , That none of the funds made available by this section may be transferred for any other purpose. National Credit Union Administration COMMUNITY DEVELOPMENT REVOLVING LOAN FUND For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812 , 9822 and 9910, $2,000,000 shall be available until September 30, 2023, for technical assistance to low-income designated credit unions. Office of Government Ethics SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, the Ethics Reform Act of 1989, and the Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012, including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $19,500,000. Office of Personnel Management SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 ; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $186,500,000: Provided , That of the total amount made available under this heading, $8,842,000 shall remain available until expended, for information technology infrastructure modernization and Trust Fund Federal Financial System migration or modernization, and shall be in addition to funds otherwise made available for such purposes: Provided further , That of the total amount made available under this heading, $1,073,201 may be made available for strengthening the capacity and capabilities of the acquisition workforce (as defined by the Office of Federal Procurement Policy Act, as amended ( 41 U.S.C. 4001 et seq. )), including the recruitment, hiring, training, and retention of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve acquisition management; and in addition $175,000,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided further , That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code: Provided further , That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further , That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2022, accept donations of money, property, and personal services: Provided further , That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission; Provided further , That not to exceed 5 percent of amounts made available under this heading may be transferred to an information technology working capital fund established for purposes authorized by subtitle G of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 40 U.S.C. 11301 note) upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That amounts transferred to such a fund under the preceding proviso from any organizational category of the Office of Personnel Management shall not exceed 5 percent of its budget as identified in the report required by section 608 of this Act: Provided further , That amounts transferred to such a fund shall remain available for obligation through September 30, 2025. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109 , hire of passenger motor vehicles, $5,345,000, and in addition, not to exceed $28,700,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided , That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. Office of Special Counsel SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Special Counsel, including services as authorized by 5 U.S.C. 3109 , payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $30,440,000. Postal Regulatory Commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act ( Public Law 109–435 ), $19,585,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. Privacy and Civil Liberties Oversight Board SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), $9,400,000, to remain available until September 30, 2023. Public Buildings Reform Board SALARIES AND EXPENSES For salaries and expenses of the Public Buildings Reform Board in carrying out the Federal Assets Sale and Transfer Act of 2016 ( Public Law 114–287 ), $4,500,000, to remain available until expended. Securities and Exchange Commission SALARIES AND EXPENSES For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109 , the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $1,992,917,000, to remain available until expended; of which not less than $17,649,400 shall be for the Office of Inspector General; of which not to exceed $75,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence. In addition to the foregoing appropriation, for move, replication, and related costs associated with a replacement lease for the Commission’s Fort Worth Regional Office facilities, not to exceed $6,746,000, to remain available until expended. For purposes of calculating the fee rate under section 31(j) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee(j) ) for fiscal year 2022, all amounts appropriated under this heading shall be deemed to be the regular appropriation to the Commission for fiscal year 2022: Provided , That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) shall be credited to this account as offsetting collections: Provided further , That not to exceed $1,992,917,000 of such offsetting collections shall be available until expended for necessary expenses of this account; not to exceed $6,746,000 of such offsetting collections shall be available until expended for move, replication, and related costs under this heading associated with a replacement lease for the Commission’s Fort Worth Regional Office facilities: Provided further , That the total amount appropriated under this heading from the general fund for fiscal year 2022 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2022 appropriation from the general fund estimated at not more than $0: Provided further , That if any amount of the appropriation for move, replication, and related costs associated with a replacement lease for the Commission’s Fort Worth Regional Office facilities is subsequently de-obligated by the Commission, such amount that was derived from the general fund shall be returned to the general fund, and such amounts that were derived from fees or assessments collected for such purpose shall be paid to each national securities exchange and national securities association, respectively, in proportion to any fees or assessments paid by such national securities exchange or national securities association under section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) in fiscal year 2022. Selective Service System SALARIES AND EXPENSES For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109 ; and not to exceed $750 for official reception and representation expenses; $27,600,000: Provided , That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341 , whenever the President deems such action to be necessary in the interest of national defense: Provided further , That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. Small Business Administration SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $283,430,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided , That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act: Provided further , That, notwithstanding 31 U.S.C. 3302 , revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further , That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108–447 , during fiscal year 2022: Provided further , That $6,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2023. ENTREPRENEURIAL DEVELOPMENT PROGRAMS For necessary expenses of programs supporting entrepreneurial and small business development, $323,800,000, to remain available until September 30, 2023: Provided , That $140,000,000 shall be available to fund grants for performance in fiscal year 2022 or fiscal year 2023 as authorized by section 21 of the Small Business Act: Provided further , That $41,000,000 shall be for marketing, management, and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m)(4) ) by intermediaries that make microloans under the microloan program: Provided further , That $19,500,000 shall be available for grants to States to carry out export programs that assist small business concerns authorized under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ). OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $23,112,000. OFFICE OF ADVOCACY For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 ( 15 U.S.C. 634a et seq. ) and the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 601 et seq. ), $9,620,000, to remain available until expended. BUSINESS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans, $6,000,000, to remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2022 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 shall not exceed $7,500,000,000: Provided further , That during fiscal year 2022 commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act shall not exceed $30,000,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further , That during fiscal year 2022 commitments for loans authorized under subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(7) ) shall not exceed $7,500,000,000: Provided further , That during fiscal year 2022 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $4,000,000,000: Provided further , That during fiscal year 2022, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $13,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $165,300,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $169,472,000, to be available until expended, of which $1,600,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $159,472,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $8,400,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided , That, of the funds provided under this heading, $143,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ): Provided further , That the amount for major disasters under this heading is designated by Congress as being for disaster relief pursuant to section 4004(b)(6) and section 4005(f) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) 540. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 541. Not to exceed 3 percent of any appropriation made available in this Act for the Small Business Administration under the headings Salaries and Expenses and Business Loans Program Account may be transferred to the Administration's information technology system modernization and working capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of the National Defense Authorization Act for Fiscal Year 2018, for the purposes specified in section 1077(b)(3) of such Act, upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That amounts transferred to the IT WCF under this section shall remain available for obligation through September 30, 2025. 542. For an additional amount under the heading Small Business Administration—Salaries and Expenses , $54,113,000, which shall be for initiatives related to small business development and entrepreneurship, including programmatic and construction activities, in the amounts and for the projects specified in the table that appears under the heading Administrative Provisions—Small Business Administration in the explanatory statement accompanying this Act: Provided , That, notwithstanding sections 2701.92 and 2701.93 of title 2, Code of Federal Regulations, the Administrator of the Small Business Administration may permit awards to subrecipients for initiatives funded under this section: Provided further , That none of the funds made available by this section may be transferred for any other purpose. United States Postal Service PAYMENT TO THE POSTAL SERVICE FUND For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $52,570,000: Provided , That mail for overseas voting and mail for the blind shall continue to be free: Provided further , That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further , That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further , That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices: Provided further , That the Postal Service may not destroy, and shall continue to offer for sale, any copies of the Multinational Species Conservation Funds Semipostal Stamp, as authorized under the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 ( Public Law 111–241 ). OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $266,000,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act ( Public Law 109–435 ). United States Tax Court SALARIES AND EXPENSES For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109 , and not to exceed $3,000 for official reception and representation expenses; $58,200,000, of which $1,000,000 shall remain available until expended: Provided , That travel expenses of the judges shall be paid upon the written certificate of the judge. VI GENERAL PROVISIONS—THIS ACT (INCLUDING RESCISSION OF FUNDS) 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109 , shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 of title 41, United States Code. 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 of title 41, United States Code. 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided , That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further , That at a minimum the report shall include: (1) a table for each appropriation, detailing both full-time employee equivalents and budget authority, with separate columns to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, in the accompanying report, or in the budget appendix for the respective appropriation, whichever is more detailed, and which shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided, as well as to discretionary grants and discretionary grant allocations; and (3) an identification of items of special congressional interest. 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2022 from appropriations made available for salaries and expenses for fiscal year 2022 in this Act, shall remain available through September 30, 2023, for each such account for the purposes authorized: Provided , That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further , That these requests shall be made in compliance with reprogramming guidelines. 610. (a) None of the funds made available in this Act may be used by the Executive Office of the President to request— (1) any official background investigation report on any individual from the Federal Bureau of Investigation; or (2) a determination with respect to the treatment of an organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code from the Department of the Treasury or the Internal Revenue Service. (b) Subsection (a) shall not apply— (1) in the case of an official background investigation report, if such individual has given express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) if such request is required due to extraordinary circumstances involving national security. 611. The cost accounting standards promulgated under chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. 613. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code). 614. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. 615. (a) (1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. (2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. (b) For purposes of this section, the term Executive agency covered by this Act means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service. 616. (a) There are appropriated for the following activities the amounts required under current law: (1) Compensation of the President ( 3 U.S.C. 102 ). (2) Payments to— (A) the Judicial Officers' Retirement Fund ( 28 U.S.C. 377(o) ); (B) the Judicial Survivors' Annuities Fund ( 28 U.S.C. 376(c) ); and (C) the United States Court of Federal Claims Judges' Retirement Fund ( 28 U.S.C. 178(l) ). (3) Payment of Government contributions— (A) with respect to the health benefits of retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849); and (B) with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87). (4) Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund ( 5 U.S.C. 8348 ). (5) Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 of title 5, United States Code. (b) Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act. 617. None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts unless the Interagency Working Group on Food Marketed to Children complies with Executive Order No. 13563. 618. (a) The head of each executive branch agency funded by this Act shall ensure that the Chief Information Officer of the agency has the authority to participate in decisions regarding the budget planning process related to information technology. (b) Amounts appropriated for any executive branch agency funded by this Act that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as specified by, or approved by, the Chief Information Officer of the agency in consultation with the Chief Financial Officer of the agency and budget officials. 619. None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code. 620. None of the funds made available in this Act may be used by a governmental entity to require the disclosure by a provider of electronic communication service to the public or remote computing service of the contents of a wire or electronic communication that is in electronic storage with the provider (as such terms are defined in sections 2510 and 2711 of title 18, United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States. 621. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change the rules or regulations of the Commission for universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal Regulations, as in effect on July 15, 2015: Provided , That this section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative to Mobility Fund Phase II: Provided further , That any such alternative mechanism shall maintain existing high-cost support to competitive eligible telecommunications carriers until support under such mechanism commences. 622. No funds provided in this Act shall be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978. Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 623. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity. 624. None of the funds appropriated or other-wise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program and unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulation. 625. (a) None of the funds made available under this Act may be used to pay for travel and conference activities that result in a total cost to an Executive branch department, agency, board or commission funded by this Act of more than $500,000 at any single conference unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination. (b) None of the funds made available under this Act may be used to pay for the travel to or attendance of more than 50 employees, who are stationed in the United States, at any single conference occurring outside the United States unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination. 626. None of the funds made available by this Act may be used for first-class or business-class travel by the employees of executive branch agencies funded by this Act in contravention of sections 301–10.122 through 301–10.125 of title 41, Code of Federal Regulations. 627. In addition to any amounts appropriated or otherwise made available for expenses related to enhancements to www.oversight.gov, $850,000, to remain available until expended, shall be provided for an additional amount for such purpose to the Inspectors General Council Fund established pursuant to section 11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.): Provided , That these amounts shall be in addition to any amounts or any authority available to the Council of the Inspectors General on Integrity and Efficiency under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.). 628. None of the funds made available by this Act may be obligated on contracts in excess of $5,000 for public relations, as that term is defined in Office and Management and Budget Circular A–87 (revised May 10, 2004), unless advance notice of such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. 629. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 630. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this act, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 631. Not later than 45 days after the last day of each quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the Senate and the House of Representatives a quarterly budget report that includes total obligations of the Agency for that quarter for each appropriation, by the source year of the appropriation. VII GENERAL PROVISIONS—GOVERNMENT-WIDE Departments, Agencies, and Corporations (INCLUDING TRANSFER OF FUNDS) 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2022 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act ( 21 U.S.C. 802 )) by the officers and employees of such department, agency, or instrumentality. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with subsection 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement vehicles, protective vehicles, and undercover surveillance vehicles), is hereby fixed at $19,947 except station wagons for which the maximum shall be $19,997: Provided , That these limits may be exceeded by not to exceed $7,250 for police-type vehicles: Provided further , That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further , That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles: Provided further , That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on alternative fuel, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924 . 704. Unless otherwise specified in law during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B) ; (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; (4) is a person who owes allegiance to the United States; or (5) is a person who is authorized to be employed in the United States pursuant to the Deferred Action for Childhood Arrivals program established under the memorandum of the Secretary of Homeland Security dated June 15, 2012: Provided , That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further , That for purposes of paragraphs (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: Provided further , That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further , That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further , That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government: Provided further , That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further , That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country. 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13834 (May 17, 2018), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109 ; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided , That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. 709. None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term office shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. 711. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 13618 (July 6, 2012). 712. (a) None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily in order to detail the individual to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )). 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates 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 attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 716. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. 717. None of the funds made available in this or any other Act may be used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress. 719. (a) In this section, the term agency — (1) means an Executive agency, as defined under 5 U.S.C. 105 ; and (2) includes a military department, as defined under section 102 of such title, the United States Postal Service, and the Postal Regulatory Commission. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2) , has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Government-wide Policy with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided , That these funds shall be administered by the Administrator of General Services to support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, including improving coordination and reducing duplication, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups designated by the Director (including the President's Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for performance improvement initiatives): Provided further , That the total funds transferred or reimbursed shall not exceed $15,000,000 to improve coordination, reduce duplication, and for other activities related to Federal Government Priority Goals established by 31 U.S.C. 1120 , and not to exceed $17,000,000 for Government-wide innovations, initiatives, and activities: Provided further , That the funds transferred to or for reimbursement of General Services Administration, Government-wide Policy during fiscal year 2022 shall remain available for obligation through September 30, 2023: Provided further , That such transfers or reimbursements may only be made after 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget. 722. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 723. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided , That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science, Space, and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall comply with any relevant requirements in part 200 of title 2, Code of Federal Regulations: Provided , That this section shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. 725. (a) Prohibition of federal agency monitoring of individuals' internet use None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) Definitions For the purposes of this section: (1) The term regulatory means agency actions to implement, interpret or enforce authorities provided in law. (2) The term supervisory means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law. 726. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 727. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. 728. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 729. Notwithstanding any other provision of law, none of the funds appropriated or made available under this or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch). 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. 731. Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 732. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. 733. (a) In general None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) ) or any subsidiary of such an entity. (b) Waivers (1) In general Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Report to congress Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) exception This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. 734. During fiscal year 2022, for each employee who— (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or (2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code. 735. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 736. (a) (1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2022, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (A) during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2022, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period consisting of the remainder of fiscal year 2022, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of— (i) the percentage adjustment taking effect in fiscal year 2022 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2022 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2021, shall be determined under regulations prescribed by the Office of Personnel Management. (4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2021, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) This subsection shall apply with respect to pay for service performed after September 30, 2021. (6) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2022 under sections 5344 and 5348 of title 5, United States Code, shall be— (1) not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: Provided , That prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United States Code, shall be considered to be located in the pay locality designated as Rest of United States pursuant to section 5304 of title 5, United States Code, for purposes of this subsection; and (2) effective as of the first day of the first applicable pay period beginning after September 30, 2021. 737. (a) The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2022 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days after the end of a quarter, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2022 for which the cost to the United States Government was more than $20,000. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012 or any subsequent revisions to that memorandum. 738. None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or activity as proposed in the President's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations Act. 739. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled “Competitive Area” published by the Office of Personnel Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.). 740. None of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 741. (a) None of the funds appropriated or otherwise made available by this or any other Act may be available for a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 742. (a) No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. : Provided , That notwithstanding the preceding provision of this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law. (b) A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into. (c) No funds appropriated in this or any other Act may be used to implement or enforce any agreement entered into during fiscal year 2014 which does not contain substantially similar language to that required in subsection (a). 743. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 744. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 745. (a) During fiscal year 2022, on the date on which a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203 , the Consumer Financial Protection Bureau shall notify the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate of such request. (b) Any notification required by this section shall be made available on the Bureau’s public website. 746. (a) Notwithstanding any official rate adjusted under section 104 of title 3, United States Code, the rate payable to the Vice President during calendar year 2022 shall be the rate payable to the Vice President on December 31, 2021, by operation of section 748 of division E of Public Law 116–260 . (b) Notwithstanding any official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law, the payable rate during calendar year 2022 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be the rate payable for the applicable Executive Schedule level on December 31, 2021, by operation of section 749 of division C of Public Law 116–93 . Such an employee may not receive a rate increase during calendar year 2022, except as provided in subsection (i). (c) Notwithstanding section 401 of the Foreign Service Act of 1980 ( Public Law 96–465 ) or any other provision of law, a chief of mission or ambassador at large is subject to subsection (b) in the same manner as other employees who are paid at an Executive Schedule rate. (d) (1) This subsection applies to— (A) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or (B) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule. (2) Notwithstanding sections 5382 and 5383 of title 5, United States Code, an employee described in paragraph (1) may not receive a pay rate increase during calendar year 2022, except as provided in subsection (i). (e) Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality- based payments under section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase during calendar year 2022, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States Code, applied to them. (f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law. (g) This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under section 3392(c) of title 5, United States Code, for such time as that election is in effect. (h) This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 ( Public Law 96–465 ) for such time as that election is in effect. (i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2021, by operation of section 748 of division E of Public Law 116–260 . (j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2021, by operation of section 748 of division E of Public Law 116–260 . (k) If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2022 but ends in calendar year 2023, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period. (l) For the purpose of this section, the term covered position means a position occupied by an employee whose pay is restricted under this section. (m) This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2022. 747. During the current fiscal year— (1) 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 of the Congressional Budget and Impoundment Control Act of 1974, such budget authority— (A) shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013 of such Act; and (B) 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. (2) With respect to an apportionment of an appropriation made pursuant to section 1513(b) of title 31, United States Code, an appropriation (as that term is defined in section 1511 of title 31, United States Code) shall be apportioned— (A) to make available all amounts for obligation in sufficient time to be prudently obligated; and (B) 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. (3) As used in this section, the term budget authority includes budget authority made available by this or any other Act, by prior appropriations Acts, or by any law other than an appropriations Act. (4) (A) The Comptroller General shall review compliance with this section and shall submit to the Committees on Appropriations and the Budget, and any other appropriate congressional committees of the House of Representatives and Senate a report, and any relevant information related to the report, on any noncompliance with this section or the Impoundment Control Act of 1974. (B) 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. (C) To carry out the responsibilities of this section and the Impoundment Control Act of 1974, the Comptroller General shall also 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. (5) (A) An officer or employee of the Executive Branch of the United States Government violating this section shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. (B) In the event of a violation of this section or the Impoundment Control Act of 1974, 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 section or the Impoundment Control Act of 1974, the President or the head of the relevant department or agency as the case may be, shall report immediately to the Congress all relevant facts and a statement of actions taken: Provided , That 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 the Congress. (C) 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: Provided , That 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 section 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 such department, agency, or office’s position. 748. (a) If an executive agency or the District of Columbia government receives a written request for information, documentation, or views from the Government Accountability Office 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 respond to the request for information, documentation, or views within the time required by this section— (1) the Comptroller General shall notify, in writing, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and any other appropriate congressional committee of the House of Representatives and the Senate of such failure; and (2) the Comptroller General is hereby expressly empowered, through attorneys of their own selection, 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 such court is expressly empowered to enter in such civil action, 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) If the Government Accountability Office determines that an officer or employee of an executive agency or an officer or employee of the District of Columbia government has violated section 1341(a), 1342, or 1517(a) of title 31, United States Code, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken: Provided , That a copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress: Provided further , That in the case that the Government Accountability Office issues a legal decision concluding that section 1341(a), 1342, or 1517(a) of title 31, United States Code was violated, 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. (d) The report required by subsection (c) and any report required by section 1351 or section 1517(b) of title 31, United States Code, 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 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. 749. (a) Each department or agency of the executive branch of the United States Government shall notify the Committees on Appropriations and the Budget of the House of Representatives and the Senate and any other appropriate congressional committees if— (1) an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code; (2) an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or (3) 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. (b) Any notification submitted to a congressional committee pursuant to this section shall contain information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account. 750. (a) As a condition of receiving funds provided in this or any other appropriations Act for fiscal year 2022 that are specified in the disclosure table submitted in compliance with Rule XLIV of the Standing Rules of the Senate that is included in the report or explanatory statement accompanying any such Act, any non-Federal entity shall, to the extent practicable— (1) retain until the date that is 3 years after the date on which such entity has expended such funds any records related to the planned or actual obligation or expenditure of such funds, and make available any such records to the Comptroller General of the United States, upon request; and (2) subject to reasonable advance notification by the Comptroller General— (A) make available to the Comptroller General or their designee for interview, any officers, employees, or staff of such entity involved in the obligation or expenditure of such funds; and (B) grant access to the Comptroller General or their designee for inspection, any facilities, work sites, offices, or other locations, as the Comptroller General deems necessary, at which the individuals referenced in subparagraph (A) carry out their responsibilities related to such funds. The Comptroller General may make and retain copies of these records as the Comptroller General determines necessary. (b) Access, rights, and authority provided to the Comptroller General or their designee under this section shall be in addition to any other authority vested in the Comptroller General, and nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General. 751. Except as expressly provided otherwise, any reference to this Act contained in any title other than title IV or VIII shall not apply to such title IV or VIII. VIII GENERAL PROVISIONS—DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2022. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term official duties does not include travel between the officer's or employee's residence and workplace, except in the case of— (1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day; (3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day; (4) at the discretion of the Chief Medical Examiner, an officer or employee of the Office of the Chief Medical Examiner who resides in the District of Columbia and is on call 24 hours a day; (5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and is on call 24 hours a day; (6) the Mayor of the District of Columbia; and (7) the Chairman of the Council of the District of Columbia. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a conscience clause which provides exceptions for religious beliefs and moral convictions. 809. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2022 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements. 810. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42). 811. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. (b) The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act. (c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 812. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 813. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2022 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2022 in this Act, shall remain available through September 30, 2023, for each such account for the purposes authorized: Provided , That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further , That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act. 814. (a) (1) During fiscal year 2023, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Act referred to in paragraph (2) (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act. (2) The Act referred to in this paragraph is the Act of the Council of the District of Columbia pursuant to which a proposed budget is approved for fiscal year 2023 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute the local portion of the annual budget for the District of Columbia government for fiscal year 2023 for purposes of section 446 of the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official Code). (b) Appropriations made by subsection (a) shall cease to be available— (1) during any period in which a District of Columbia continuing resolution for fiscal year 2023 is in effect; or (2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2023. (c) An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act. (d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2023 for which this section applies to such project or activity. (e) This section shall not apply to a project or activity during any period of fiscal year 2023 if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law. 815. (a) Section 244 of the Revised Statutes of the United States relating to the District of Columbia (sec. 9–1201.03, D.C. Official Code) does not apply with respect to any railroads installed pursuant to the Long Bridge Project. (b) In this section, the term Long Bridge Project means the project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to the existing Long Bridge over the Potomac River, including related infrastructure and other related projects, to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the Potomac River. 816. Not later than 45 days after the last day of each quarter, each Federal and District government agency appropriated Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget report that includes total obligations of the Agency for that quarter for each Federal funds appropriation provided in this Act, by the source year of the appropriation. 817. Section 3 of the District of Columbia College Access Act of 1999 (sec. 38–2702, D.C. Official Code), is amended— (1) in subsection (a)(2)(A), by striking $10,000 and inserting $15,000 ; (2) in subsection (a)(2)(B), by striking $50,000 and inserting $75,000 ; (3) in subsection (b)(1)(A), by striking and at the end; (4) in subsection (b)(1), by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph: (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payment of each eligible student who receives more than $10,000 for the award year; and ; and (5) in subparagraph (C) of subsection (b)(1), as so redesignated, by striking subparagraph (A) and inserting subparagraphs (A) and (B) . 818. Except as expressly provided otherwise, any reference to this Act contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV. This Act may be cited as the Financial Services and General Government Appropriations Act, 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s3179is/xml/BILLS-117s3179is.xml |
117-s-3180 | II 117th CONGRESS 1st Session S. 3180 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Rubio (for himself, Mrs. Gillibrand , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To make transitional compensation available to dependents of members of the Armed Forces convicted of dependent abuse in Federal or State court and dependents of members accused of dependent abuse who have forfeited all pay and allowances for an unrelated offense.
1. Short title This Act may be cited as the Rachel Booth Act . 2. Modifications to transitional compensation for dependents of members separated for dependent abuse (a) Covered punitive actions Subsection (b) of section 1059 of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ; or and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense; or (4) who is— (A) accused but not convicted of a dependent-abuse offense; (B) determined, as a result of a review by the commander of the member and based on a preponderance of evidence, to have committed the dependent-abuse offense; and (C) required to forfeit all pay and allowances pursuant to a sentence of a court-martial for an offense other than the dependent-abuse offense. . (b) Recipients of payments Subsection (d) of such section is amended— (1) in paragraph (1), by striking resulting in the separation and inserting referred to in subsection (b) ; and (2) in paragraph (4)— (A) by striking determined as of the date and inserting the following: “determined— (A) as of the date ; (B) by striking offense or, in a case and inserting the following: “offense; (B) in a case ; (C) by striking the period at the end and inserting ; or ; and (D) by adding at the end the following new subparagraph: (C) in a case described in subsection (b)(4), as of, as applicable— (i) the first date on which the individual is held in pretrial confinement relating to the dependent-abuse offense of which the individual is accused after the 7-day review of pretrial confinement required by Rule 305(i)(2) of the Rules for Courts-Martial; or (ii) the date on which a review by a commander of the individual determines there is probable cause that the individual has committed that offense. . (c) Commencement of payment Subsection (e)(1) of such section is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting after offense the following: or an offense described in subsection (b)(3)(B) ; and (B) in clause (ii), by striking ; and and inserting a semicolon; (2) in subparagraph (B)— (A) by striking (if the basis and all that follows through offense) ; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraph: (C) in the case of a member described in subsection (b)(4), shall commence as of, as applicable— (i) the first date on which the member is held in pretrial confinement relating to the dependent-abuse offense of which the member is accused after the 7-day review of pretrial confinement required by Rule 305(i)(2) of the Rules for Courts-Martial; or (ii) the date on which a review by a commander of the member determines there is probable cause that the member has committed that offense. . (d) Definition of dependent child Subsection (l) of such section is amended, in the matter preceding paragraph (1)— (1) by striking resulting in the separation of the former member or and inserting referred to in subsection (b) or ; and (2) by striking resulting in the separation of the former member and and inserting and . (e) Delegation of determinations relating to exceptional eligibility Subsection (m)(4) of such section is amended to read as follows: (4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member. . | https://www.govinfo.gov/content/pkg/BILLS-117s3180is/xml/BILLS-117s3180is.xml |
117-s-3181 | II 117th CONGRESS 1st Session S. 3181 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Blumenthal (for himself, Mr. Whitehouse , Mr. Markey , Ms. Warren , Ms. Hirono , Mr. Booker , Mr. Sanders , Mr. Wyden , Mrs. Gillibrand , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit certain foreign and domestic emoluments, and for other purposes.
1. Short title This Act may be cited as the Foreign and Domestic Emoluments Enforcement Act . 2. Findings The Congress finds the following: (1) The Founders of the United States believed that political corruption and the interference of foreign governments were among the gravest threats the Nation faced. As a result, they viewed anti-corruption measures as essential to preserving an enduring democracy. (2) The Founders wanted to ensure that the Nation’s leaders would be dependent on the people alone, not on those offering private financial rewards—and would be motivated solely by the national interest, not their own personal interests. (3) The Founders were especially worried that foreign powers would interfere with the internal affairs of the United States, undermining the Nation’s republican institutions and making its leaders subservient to foreign interests. In The Federalist No. 22, Alexander Hamilton wrote that one of the vulnerabilities of republics is that they afford too easy an inlet to foreign corruption . He was aware that eighteenth-century monarchs used lavish presents to ingratiate themselves with ambassadors and ministers from other nations and wanted to avoid the potential for such corruption in the new Government of the United States. (4) Of particular concern to the Founders was the risk that benefits and rewards given by foreign states would subvert the President’s undivided loyalty to the Nation’s best interests. As Hamilton noted during the Constitutional Convention, the personal interest of a hereditary monarch was so interwoven with that of the Nation . . . that he was placed above the danger of being corrupted from abroad. . By contrast, as James Madison observed, an elected President would lack that permanent stake in the public interest which would place him out of the reach of foreign corruption. . (5) The Founders were also concerned that domestic government officials might corrupt the President’s independence and gain the loyalty of the President by giving the President financial benefits and advantages. Hamilton observed in The Federalist No. 73 that a power over a man’s support is a power over his will, and that if legislatures could alter the President’s financial circumstances, they could tempt him by largesses and thereby cause the President to surrender at discretion his judgment to their inclinations. . (6) To increase the likelihood that the Nation’s leaders would be dependent upon We the People alone, the Founders included in the Constitution a number of safeguards against corruption, including article I, section 9, clause 8 (in this section referred to as the Foreign Emoluments Clause ) and article II, section 1, clause 7 (in this section referred to as the Domestic Emoluments Clause ). (7) In the Foreign Emoluments Clause, the Founders mandated congressional approval of presents, emoluments, offices, and titles offered by foreign states to Federal officeholders. They recognized that the dangers of foreign-government influence and divided loyalty would be reduced if officeholders were required to obtain the affirmative consent of Congress before accepting any foreign benefit. As Representative James Bayard explained in the 1790s, the Foreign Emoluments Clause requires officeholders to make known to the world whatever presents they might receive from foreign Courts and to place themselves in such a situation as to make it impossible for them to be unduly influenced by any such presents. . (8) In the Domestic Emoluments Clause, the Founders provided that Presidents must receive a fixed compensation, which may not be increased or decreased during their time in office, and that Presidents are prohibited from accepting anything beyond that compensation from Federal, State, or local governments. These requirements were meant to prevent Federal, State, and local officials from exerting undue influence over Presidents by manipulating the financial rewards of their office. (9) At the time of the Founding, the word emolument was a broad and commonly used term that meant profit, advantage, gain, or benefit, including payments and other financial rewards derived from private commerce. The use of this broad term in the Foreign Emoluments Clause and the Domestic Emoluments Clause was consistent with the Framers’ goal of preventing the corruption of leaders of the United States through private rewards. 3. Definitions In this Act: (1) Business entity The term business entity — (A) means a for-profit corporation, association, partnership, limited liability company, limited liability partnership, other legal entity, or sole proprietorship; and (B) does not include an entity— (i) in which 100 or more individuals hold a share or ownership interest; (ii) in which the official covered by this section owns or has a beneficial interest in no more than 5 percent of the ownership interests; and (iii) that— (I) issues securities registered with the Securities and Exchange Commission pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ); (II) is an investment company registered pursuant to section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 ) that does not have a stated policy of concentrating the investments of the investment company in any industry, business, single country other than the United States, or bonds of a single State within the United States; or (III) is a unit investment trust, as defined in section 4 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–4 ) that— (aa) is a regulated investment company, as defined in section 851 of the Internal Revenue Code of 1986; and (bb) does not have a stated policy of concentrating the investments of the investment company in any industry, business, single country other than the United States, or bonds of a single State within the United States. (2) Emolument The term emolument means any profit, gain, advantage, or payment (including a payment arising from a commercial transaction, without regard to whether the payment is at fair market value) that is received directly or indirectly from— (A) any government of a foreign country; (B) the Federal Government; (C) any State; or (D) any instrumentality of a government described in subparagraphs (A) through (C). (3) Government of a foreign country The term government of a foreign country has the meaning given the term in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 ). (4) Person holding any office of profit or trust under the United States The term person holding any office of profit or trust under the United States — (A) means any individual holding a position listed in paragraph (A) through (F) of section 7342(a)(1) of title 5, United States Code, including any individual appointed pursuant to section 105(a), 106(a), or 107 of title 3, United States Code; and (B) includes the President and the Vice President. 4. Prohibition on acceptance of foreign and domestic emoluments (a) Foreign Except as provided in section 7342 of title 5, United States Code, it shall be unlawful for any person holding any 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, emolument, office, or title. (b) Domestic It shall be unlawful for the President to accept from the United States, or a State, any emolument other than the compensation for his or her services as President provided for by Federal law. (c) Applicability The prohibitions under this section apply if the present, emolument, office, or title is— (1) provided directly or indirectly— (A) by the government of a foreign country or an instrumentality thereof; or (B) in the case of the President, provided directly or indirectly by the United States, a State, or an instrumentality of the United States or a State; and (2) provided to— (A) the person holding any office of profit or trust under the United States; or (B) any business entity or trust in which the person holding any office of profit or trust under the United States has a beneficial or ownership interest. (d) Consent Congress consents to— (1) the acceptance, by any person who holds an office of profit or trust under the United States, of any emolument that has a monetary value below the minimum value set under section 7342(a)(5)(A) of title 5, United States Code; (2) the acceptance, by any person who holds an office of profit or trust under the United States, other than the President or the Vice President, of any emolument that solely constitutes a benefit or compensation— (A) accepted by the spouse or minor child of a person other than the President or Vice President as an employee, consultant, or contractor; and (B) that has not been given or enhanced— (i) because of the relationship of the spouse or minor child to the office holder; (ii) in return for the office holder being influenced in the performance of an official act; or (iii) for the purpose of avoiding the requirements of this section; (3) the acceptance of any emolument by any person in the Federal executive branch, other than the President and Vice President, who holds an office of profit or trust under the United States and is not appointee of the President or the Vice President, if the emolument— (A) is attributable to such individual solely as a result of the individual or the individual’s spouse or minor child having a beneficial or ownership interest in a business entity that accepted the emolument; and (B) has been exempted as part of a class of emoluments, by regulation issued by the Director of the Office of Government Ethics and published in the Federal Register, from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services of the class or classes of Federal Government officers or employees to which such regulation applies; and (4) the acceptance of any emolument by a Member of Congress or by an officer or employee of the Congress, if the emolument— (A) is attributable to such individual solely as a result of the individual or the individual’s spouse or minor child having a beneficial or ownership interest in a business entity that accepted the emolument; and (B) has been exempted as part of a class of emoluments, by the supervising ethics office, as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.), from the requirements of subsection (a) as being too remote or too inconsequential to affect the integrity of the services to the Government of individual’s to which such exemption applies. (e) Acceptance An emolument is accepted by a person who holds an office of profit or trust under the United States if— (1) the emolument is received directly by the officer holder, the spouse of the office holder (unless such individual and his or her spouse are separated) or a dependent, as defined in section 152 of the Internal Revenue Code of 1986, of the office holder; or (2) the emolument is received by— (A) any other person on the basis of designation, recommendation, or other specification by an individual described in subparagraph (1); or (B) a business entity or trust in which an individual described in (1) has a beneficial or ownership interest; and (3) the emolument is retained. 5. Civil actions by Congress concerning foreign emoluments (a) Cause of action The House of Representatives or the Senate may bring a civil action against any person for a violation of section 4(a). (b) Special rules In any civil action described in subsection (a), the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia. (2) The action shall be heard by a 3-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 section 4(a) has occurred, the court— (1) shall issue an order enjoining the course of conduct found to constitute the violation; and (2) may order, as are appropriate— (A) the disgorgement of the value of any foreign present or emolument; (B) 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 general fund of the Treasury; (C) the renunciation of any office or title accepted in violation of section 4(a); (D) a prohibition on the use or holding of such an office or title; and (E) such other relief as the court determines appropriate. (d) Use of Government funds prohibited No appropriated funds, funds provided from any accounts in the 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. 6. 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 financial interest or arrangement 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) With respect to a report filed by the President— (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 financial interest or arrangement 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 4. 7. 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: (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 that Act, including having 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 the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (14), by striking and at the end; (2) by striking the period at the end of paragraph (15) and inserting ; and ; and (3) by adding at the end the following: (16) developing and promulgating rules and regulations to ensure compliance with the Foreign and Domestic Emoluments Enforcement Act and the amendments made by that 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 referring matters to the Office of Special Counsel for investigation in accordance with section 1216(d) of title 5, United States Code. . 8. 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 4 of the Foreign and Domestic Emoluments Enforcement Act and paragraphs (9), (10), and (11) of section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.). ; and (2) by adding at the end the following: (d) (1) 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 (5 U.S.C. App.), 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. (2) 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 the investigation to the Director of the Office of Government Ethics and to Congress on the results of the investigation. . 9. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s3181is/xml/BILLS-117s3181is.xml |
117-s-3182 | II 117th CONGRESS 1st Session S. 3182 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Carper (for himself, Mr. Portman , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the Office of Refugee Resettlement shelter grant process.
1. Short title This Act may be cited as the Safe Shelters Act of 2021 . 2. Office of Refugee Resettlement shelter grant process (a) Definitions In this section: (1) Adverse action The term adverse action means an adverse criminal or regulatory action taken by the Federal Government or a State or local government with respect to contracting with a government entity or to the care of children, including— (A) the suspension or revocation of an operating license; and (B) any ongoing or pending investigation by the Federal Government or a State or local government. (2) Secretary The term Secretary means the Secretary of Health and Human Services. (3) Unaccompanied alien child The term unaccompanied alien child has the meaning given the term in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ). (b) Disclosure and licensure With respect to Office of Refugee Resettlement grants to open or fund shelter facilities for unaccompanied alien children, the Secretary shall require each applicant— (1) to disclose in the grant application any adverse action taken against the applicant during the 5-year period immediately preceding the date on which the application is submitted; and (2) to be licensed to operate such a facility in the applicable State as of such date. (c) Information sharing In considering an application for a grant referred to in subsection (b), the Secretary shall seek to collaborate with the appropriate regulatory agencies of the State in which the applicant intends to operate to conduct a review of State databases for information on adverse actions taken against the applicant. | https://www.govinfo.gov/content/pkg/BILLS-117s3182is/xml/BILLS-117s3182is.xml |
117-s-3183 | II 117th CONGRESS 1st Session S. 3183 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Kaine (for himself, Mr. Warner , Mr. Van Hollen , and Mr. Cardin ) 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 establish a program of the Department of Defense to carry out stormwater management projects on or related to military installations to improve the resilience of military installations and defense access roads and protect waterways and stormwater-stressed ecosystems.
1. Short title This Act may be cited as the EMBRACE Stormwater Management Act or the Enhancing Military Base Resilience and Conserving Ecosystems through Stormwater Management Act . 2. Department of Defense stormwater management projects for military installations and defense access roads (a) In general Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section: 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation (a) Projects Authorized The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of— (1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and (2) protecting nearby waterways and stormwater-stressed ecosystems. (b) Project methods and Funding sources A stormwater management project may be carried out under this section as, or as part of, any of the following: (1) An authorized military construction project. (2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection (c) of such section. (3) A military installation resilience project under section 2815 of this title, including using appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. (4) A defense community infrastructure resilience project under section 2391(d) of this title. (5) A military construction project under section 2914 of this title. (6) A reserve component facility project under section 18233 of this title. (7) A defense access road project under section 210 of title 23. (c) Project priorities In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff. (d) Project activities Activities carried out as part of a stormwater management project under this section may include the following: (1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. (2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. (3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. (e) Project coordination In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. (f) Annual Report (1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing— (A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and (B) all projects completed by that Secretary during the previous fiscal year. (2) Each report submitted under paragraph (1) shall include, with respect to each stormwater management project described in the report, the following information: (A) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. (B) The rationale for how the project will— (i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and (ii) protect waterways and stormwater-stressed ecosystems. (C) Such other information as the Secretary concerned considers appropriate. (g) Definitions In this section: (1) The term defense access road means a road certified to the Secretary of Transportation as important to the national defense under section 210 of title 23. (2) The terms facility and State have the meanings given those terms in section 18232 of this title. (3) The term military installation includes a facility of a reserve component of an armed force owned by a State rather than the United States. (4) The term Secretary concerned means— (A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and (B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States. . (b) Clerical amendment The table of sections at the beginning of subchapter I of such title is amended by inserting after the item relating to section 2815 the following new item: 2815a. Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation. . | https://www.govinfo.gov/content/pkg/BILLS-117s3183is/xml/BILLS-117s3183is.xml |
117-s-3184 | II 117th CONGRESS 1st Session S. 3184 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit certain COVID–19 vaccination mandates for minors, and to require parental consent for COVID–19 vaccination of minors.
1. Short title This Act may be cited as the Parental Rights Protection Act . 2. Prohibitions against COVID–19 vaccination mandates for minors (a) Prohibition against mandates Neither the Federal Government, nor any agency, grantee, payee, or recipient, including any State, local, Tribal, or territorial governmental entity (including any local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), that receives any Federal funds from the Department of Education or the Department of Health and Human Services may require or otherwise mandate that any individual age 18 or younger receive a COVID–19 vaccine. (b) Prohibition against school mandates (1) In General A local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) that imposes a mandate requiring any students age 18 or younger to receive a COVID–19 vaccine shall be subject to the penalty described in paragraph (2). (2) Penalty A local educational agency that imposes a mandate described in paragraph (1) shall not be eligible to receive funding under part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ) or under part A of title II of such Act ( 20 U.S.C. 6611 et seq. ) beginning on the later of— (A) the date of enactment of this Act; or (B) the date on which such mandate becomes effective. (3) Resumed eligibility If a local educational agency ends the mandate described in paragraph (1) that local educational agency shall become eligible to receive the funding described in paragraph (2) as of the date on which that mandate is no longer effective. 3. Parental consent for vaccination of minors No COVID–19 vaccine may be administered to any individual age 18 or younger unless a parent, guardian, conservator, or attorney-in-fact of the minor provides prior, written, informed consent for the minor to receive such vaccine. 4. Applicable vaccines For purposes of sections 2 and 3, the term COVID–19 vaccine means any vaccine against COVID–19 that only received authorization by the Food and Drug Administration through an emergency use authorization pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ), or that has received such authorization prior to receiving full approval or licensure under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). | https://www.govinfo.gov/content/pkg/BILLS-117s3184is/xml/BILLS-117s3184is.xml |
117-s-3185 | II 117th CONGRESS 1st Session S. 3185 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Toomey (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Delaware Water Gap National Recreation Area Improvement Act to extend the exception to the closure of certain roads within the Recreation Area for local businesses, and for other purposes.
1. Use of certain roads within the Delaware Water Gap National Recreation Area Section 4(b) of the Delaware Water Gap National Recreation Area Improvement Act ( Public Law 109–156 ; 119 Stat. 2948; 131 Stat. 2246) is amended in the matter preceding paragraph (1), by striking Until and all that follows through subsection (a) and inserting Until September 30, 2026, subsection (a) . | https://www.govinfo.gov/content/pkg/BILLS-117s3185is/xml/BILLS-117s3185is.xml |
117-s-3186 | II 117th CONGRESS 1st Session S. 3186 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the United States Government to obtain and maintain the capacity to transmit internet access service abroad and domestically in case of emergency-related disruptions, and to strengthen support for circumvention technologies that allow users to evade government-backed censorship.
1. Short title This Act may be cited as the Protecting Against Tyrants by Restoring Internet Access and Yielding Vital Interconnectivity in Designated Areas Act or the PATRIA Y VIDA Act . 2. Transmission of internet access service; circumvention technology (a) Definitions In this section: (1) Applicable official The term applicable official means the Secretary of State or the Administrator of the Federal Emergency Management Agency. (2) Commission The term Commission means the Federal Communications Commission. (3) Eligible company The term eligible company means a United States company that— (A) provides internet censorship circumvention tools that have a demonstrated capability to service significant numbers of simultaneous user sessions; and (B) has the capacity to scale up operations in response to foreign internet censorship activity. (4) Internet censorship circumvention tool The term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access. (b) Capacity To transmit internet (1) Transmission in foreign countries The Secretary of State, in consultation with the Assistant Secretary of Commerce for Communications and Information, the Commission, the Chief Executive Officer of the United States Agency for Global Media, the Administrator of the Federal Emergency Management Agency, the Administrator of the Federal Aviation Administration, and the Secretary of Defense, shall obtain and maintain the capacity of the United States Government to transmit internet access service to locations in foreign countries where the provision of additional internet access service would promote freedom from repressive regimes. (2) Transmission in the United States The Administrator of the Federal Emergency Management Agency, in consultation with the Assistant Secretary of Commerce for Communications and Information, the Commission, and the Administrator of the Federal Aviation Administration, shall obtain and maintain the capacity of the United States Government to transmit internet access service to locations in the United States in the case of emergency-related network disruptions. (3) Duties of consulted agencies A Federal agency with which the applicable official consults under paragraph (1) or (2) shall provide any and all authorizations and support that the applicable official determines necessary to carry out internet restoration as provided in the applicable paragraph. (4) Consultation with other Federal agencies The applicable official may consult with other Federal agencies, in addition to the Federal agencies described in paragraph (1) or (2), as the applicable official determines appropriate. (c) Circumvention technologies (1) Identification The Commission, in consultation with the Secretary of State and each other Federal agency described in subsection (b)(1), shall identify internet censorship circumvention tools that are designed to and can effectively counter large-scale internet censorship activity by foreign governments. (2) Surge funding The Commission, when necessary due to increased demand for internet censorship circumvention tools because of internet censorship activity by a foreign government, shall rapidly provide funding for eligible companies to provide internet censorship circumvention tools to individuals in that country. (d) Report Not later than 60 days after the date of enactment of this Act, the Commission and the Chief Executive Officer of the United States Agency for Global Media shall jointly submit to Congress a report that describes— (1) as of the date of the report— (A) the capacity of the United States Government to transmit internet access service— (i) in foreign countries to circumvent censorship; and (ii) in the United States in the case of emergency-related network disruptions; and (B) the capacity of internet censorship circumvention tools that are available to be used by individuals in foreign countries seeking to counteract censors; and (2) any new resources needed to provide the United States Government with more robust capacity to— (A) transmit internet access service— (i) in foreign countries to circumvent censorship; and (ii) in the United States in the case of emergency-related network disruptions; and (B) rapidly provide funding for companies to provide internet censorship circumvention tools to evade foreign government restrictions on internet access. | https://www.govinfo.gov/content/pkg/BILLS-117s3186is/xml/BILLS-117s3186is.xml |
117-s-3187 | II 117th CONGRESS 1st Session S. 3187 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Luján (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Office of Technologists within the Federal Trade Commission.
1. Short title This Act may be cited as the Federal Trade Commission Technologists Act of 2021 . 2. Establishment of the Office of Technologists (a) Office of Technologists Not later than 180 days after the date of enactment of this section, the Commission shall establish within the Commission the Office of Technologists (in this section referred to as the Office ) to advise the Commission on technology matters, including the Commission’s use of technology, technical aspects of law enforcement actions, and technology policy recommendations. (b) Personnel (1) In general The Commission shall appoint to positions in the Office— (A) not less than 25 technologists; and (B) other necessary employees. (2) Direct hire authority The Commission may make appointments of technologists under paragraph (1) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. (3) Calculation of number of technologists For purposes of paragraph (1)(A), the number of individuals appointed to a position as a technologist shall be determined on a full-time equivalent basis, except that an appointment of an individual to a position as a technologist on a term or temporary basis shall be counted as an appointment to a full-time position, without regard to the number of hours in the administrative workweek of the individual. (4) Compensation (A) Rate of pay Subject to subparagraph (B), in order to recruit and retain qualified technologists, the Commission may fix the rate of pay, including compensation for night and overtime work and other premium pay, of any technologist appointed under paragraph (1), as the Commission considers necessary for the interest of the Federal Government and just to the individuals employed. (B) Maximum The total amount payable to a technologist appointed under paragraph (1), including compensation for night and overtime work and other premium pay, during any pay period may not exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. (C) Time off With respect to a technologist appointed under paragraph (1) who is not eligible for overtime or other premium pay, the Commission may grant such technologist compensatory time off from duty for overtime work performed. (c) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Technologist The term technologist means an individual with training and expertise regarding the state of the art in information technology, including product development, supply chain management, data privacy and analytics, algorithms, information security, network security, the manufacturing of hardware, software development, computer science, or other related fields. (d) Authorization of appropriation There is authorized to be appropriated such sums as necessary to carry out the requirements of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3187is/xml/BILLS-117s3187is.xml |
117-s-3188 | II 117th CONGRESS 1st Session S. 3188 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a manufactured housing community improvement grant program, and for other purposes.
1. Short title This Act may be cited as the Manufactured Housing Community Improvement Grant Program Act . 2. Manufactured housing community improvement grant program (a) Definitions In this section: (1) Eligible manufactured home community The term eligible manufactured home community means a community that— (A) is affordable to low- and moderate-income persons (as such term is defined in section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) )); and (B) (i) is owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary, in which at least two-thirds of residents are member-owners of the land-owning entity; or (ii) will be maintained as such a community, and remain affordable for low- and moderate-income families, to the maximum extent practicable and for the longest period feasible. (2) Eligible recipient The term eligible recipient means a partnership of— (A) a grantee under paragraph (2) or (4) of section 106(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a) ); and (B) an eligible manufactured home community, a nonprofit entity, or a consortia of nonprofit entities working with an eligible manufactured home community. (3) Manufactured home community The term manufactured home community means any community, court, or park equipped to accommodate manufactured homes for which pad sites, with or without existing manufactured homes or other allowed homes, or other suitable sites, are used primarily for residential purposes, with any additional requirements as determined by the Secretary, including any manufactured housing community as such term is used for purposes of the program of the Federal National Mortgage Association for multifamily loans for manufactured housing communities and the program of the Federal Home Loan Mortgage Corporation for loans for manufactured housing communities. (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment The Secretary shall carry out a competitive grant program to award funds to eligible recipients to carry out eligible projects for improvements in eligible manufactured home communities. (c) Eligible projects Amounts from grants under this section shall be used to assist in carrying out a project for construction, reconstruction, repair, or clearance of housing, facilities and improvements in or serving a manufactured housing community that is necessary to protect the health and safety of the residents of the manufactured housing community and the long-term sustainability of the community. (d) Waivers The Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of such Act and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section. (e) Implementation The Secretary shall have authority to issue such regulations, notices, or other guidance, forms, instructions, and publications to carry out the programs, projects, or activities authorized under this section to ensure that such programs, projects, or activities are completed in a timely and effective manner. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3188is/xml/BILLS-117s3188is.xml |
117-s-3189 | II 117th CONGRESS 1st Session S. 3189 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Heinrich (for himself, Mr. Wyden , Mr. Luján , Mr. Murphy , Mr. Blumenthal , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XX of the Social Security Act to provide a pathway to health careers through health profession opportunity grants.
1. Short title This Act may be cited as the Pathways to Health Careers Act . 2. Pathways to Health Careers Effective October 1, 2021, title XX of the Social Security Act (42 U.S.C. 1397–1397n–13) is amended by adding at the end the following: D Career pathways through health profession opportunity grants 2071. Career pathways through health profession opportunity grants (a) Application requirements An eligible entity desiring a grant under this section for a project shall submit to the Secretary an application for the grant, that includes the following: (1) A description of how the applicant will use a career pathways approach to train eligible individuals for health professions that will put eligible individuals on a career path to an occupation that pays well, under the project. (2) A description of the adult basic education and literacy activities, work readiness activities, training activities, and case management and career coaching services that the applicant will use to assist eligible individuals to gain work experience, connection to employers, and job placement, and a description of the plan for recruiting, hiring, and training staff to provide the case management, mentoring, and career coaching services, under the project directly or through local governmental, apprenticeship, educational, or charitable institutions. (3) A demonstration that the applicant has experience working with low-income populations, or a description of the plan of the applicant to work with a partner organization that has the experience. (4) A plan for providing post-employment support and ongoing training as part of a career pathway under the project. (5) A description of the support services that the applicant will provide under the project, including a plan for how child care and transportation support services will be guaranteed and, if the applicant will provide a cash stipend or wage supplement, how the stipend or supplement would be calculated and distributed. (6) A certification by the applicant that the project development included— (A) consultation or commitment to consult with a local workforce development board; (B) consideration of registered apprenticeship and pre-apprenticeship models; (C) consideration of career pathway programs in the State in which the project is to be conducted; and (D) a review of the State plan under section 102 or 103 of the Workforce Innovation and Opportunity Act. (7) A description of the availability and relevance of recent labor market information and other pertinent evidence of in-demand jobs or worker shortages. (8) A certification that the applicant will directly provide or contract for the training services described in the application. (9) A commitment by the applicant that, if the grant is made to the applicant, the applicant will— (A) during the planning period for the project, provide the Secretary with any information needed by the Secretary to establish adequate data reporting and administrative structure for the project; (B) hire a person to direct the project not later than the end of the planning period applicable to the project; (C) accept all technical assistance offered by the Secretary with respect to the grant; (D) participate in peer technical assistance conferences as are regularly scheduled by the Secretary; and (E) provide all data required by the Secretary under subsection (g). (b) Additional application element In considering applications for a grant under this section, the Secretary shall require qualified applicants to have at least 1 of the following application elements— (1) applications submitted by applicants to whom a grant was made under this section or any predecessor to this section; (2) applications submitted by applicants who have business and community partners in each of the following categories: (A) State and local government agencies and social service providers, including a State or local entity that administers a State program funded under part A of this title; (B) institutions of higher education, apprenticeship programs, and local workforce development boards; and (C) health care employers, health care industry or sector partnerships, labor unions, and labor-management partnerships; (3) applications that include opportunities for mentoring or peer support, and make career coaching available, as part of the case management plan; (4) applications which describe a project that will serve a rural area in which— (A) the community in which the individuals to be enrolled in the project reside is located; (B) the project will be conducted; or (C) an employer partnership that has committed to hiring individuals who successfully complete all activities under the project is located; (5) applications that include a commitment to providing project participants with a cash stipend or wage supplement; and (6) applications which have an emergency cash fund to assist project participants financially in emergency situations. (c) Grants (1) Competitive grants (A) Grant authority (i) In general The Secretary shall make a grant in accordance with this paragraph to an eligible entity whose application for the grant is approved by the Secretary, to conduct a project designed to train low-income individuals for allied health professions, health information technology, physician assistants, nursing assistants, registered nurse, advanced practice nurse, and other professions considered part of a health care career pathway model. (ii) Guarantee of grantees in each state and the district of columbia For each grant cycle, the Secretary shall award a grant under this paragraph to at least 2 eligible entities in each State that is not a territory, to the extent there are a sufficient number of applications that have a high likelihood of success and that are submitted by the entities that meet the requirements applicable with respect to such a grant. If, for a grant cycle, there are fewer than 2 such eligible entities in a State that have submitted applications with a high likelihood of success, the Secretary shall identify qualified eligible applicants located elsewhere, that are otherwise approved but un-funded, and issue a Substitution of Grant and tailored technical assistance. In the preceding sentence, the term issue a Substitution of Grant means, in a case in which an approved grantee does not complete its full project period, or in which there are fewer than 2 qualified grantees per State with a high likelihood of success, substitute an applicant located in another State that was approved but un-funded during the competition for the award for the award recipient. (B) Guarantee of grants for indian populations The Secretary shall award a grant under this paragraph to at least 10 eligible entities that are an Indian tribe, a tribal organization, or a tribal college or university, to the extent there are a sufficient number of applications submitted by the entities that meet the requirements applicable with respect to such a grant. (C) Guarantee of grantees in the territories The Secretary shall award a grant under this paragraph to at least 2 eligible entities that are located in a territory, to the extent there are a sufficient number of applications submitted by the entities that meet the requirements applicable with respect to such a grant. (2) Grant cycle The grant cycle under this section shall be not less than 5 years, with a planning period of not more than the first 12 months of the grant cycle. During the planning period, the amount of the grant shall be in such lesser amount as the Secretary determines appropriate. (d) Use of grant (1) In general An entity to which a grant is made under this section shall use the grant in accordance with the approved application for the grant. (2) Support to be provided (A) Required support A project for which a grant is made under this section shall include the following: (i) An assessment for adult basic skill competency, and provision of adult basic skills education if necessary for lower-skilled eligible individuals to enroll in the project and go on to enter and complete post-secondary training, through means including the following: (I) Establishing a network of partners that offer pre-training activities for project participants who need to improve basic academic skills or English language proficiency before entering a health occupational training career pathway program. (II) Offering resources to enable project participants to continue advancing adult basic skill proficiency while enrolled in a career pathway program. (III) Embedding adult basic skill maintenance as part of ongoing post-graduation career coaching and mentoring. (ii) A guarantee that child care is an available and affordable support service for project participants through means such as the following: (I) Referral to, and assistance with, enrollment in a subsidized child care program. (II) Direct payment to a child care provider if a slot in a subsidized child care program is not available or reasonably accessible. (III) Payment of co-payments or associated fees for child care. (iii) Case management plans that include career coaching (with the option to offer appropriate peer support and mentoring opportunities to help develop soft skills and social capital), which may be offered on an ongoing basis before, during, and after initial training as part of a career pathway model. (iv) A plan to provide project participants with transportation through means such as the following: (I) Referral to, and assistance with enrollment in, a subsidized transportation program. (II) If a subsidized transportation program is not reasonably available, direct payments to subsidize transportation costs. For purposes of this clause, the term transportation includes public transit, or gasoline for a personal vehicle if public transit is not reasonably accessible or available. (B) Allowed support The goods and services provided under a project for which a grant is made under this section may include the following: (i) A cash stipend. (ii) A reserve fund for financial assistance to project participants in emergency situations. (iii) Tuition, certification exam fees, and training materials such as books, software, uniforms, shoes, connection to the internet, hair nets, and personal protective equipment. (iv) In-kind resource donations such as interview clothing and conference attendance fees. (v) Assistance with accessing and completing high school equivalency or adult basic education courses as necessary to achieve success in the project and make progress toward career goals. (vi) Assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records as an employment barrier. (vii) Other support services as deemed necessary for family well-being, success in the project, and progress toward career goals. (3) Training The number of hours of training provided to an eligible individual under a project for which a grant is made under this section, for a recognized postsecondary credential (including an industry-recognized credential, and a certificate awarded by a local workforce development board), which is awarded in recognition of attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation, shall be— (A) not less than the number of hours of training required for certification in that level of skill by the State in which the project is conducted; or (B) if there is no such requirement, such number of hours of training as the Secretary finds is necessary to achieve that skill level. (4) Inclusion of TANF recipients In the case of a project for which a grant is made under this section that is conducted in a State that has a program funded under part A of title IV, at least 10 percent of the eligible individuals to whom support is provided under the project shall meet the income eligibility requirements under that State program, without regard to whether the individuals receive benefits or services directly under that State program. (5) Income limitation An entity to which a grant is made under this section shall not use the grant to provide support to a person who is not an eligible individual. (6) Prohibition An entity to which a grant is made under this section shall not use the grant for purposes of entertainment, except that case management and career coaching services may include celebrations of specific career-based milestones such as completing a semester, graduation, or job placement. (e) Technical assistance (1) In general The Secretary shall provide technical assistance— (A) to assist eligible entities in applying for grants under this section; (B) that is tailored to meet the needs of grantees at each stage of the administration of projects for which grants are made under this section; (C) that is tailored to meet the specific needs of Indian tribes, tribal organizations, and tribal colleges and universities; (D) that is tailored to meet the specific needs of the territories; (E) that is tailored to meet the specific needs of applicants, eligible entities, and grantees, in carrying out dedicated career pathway projects pursuant to subsections (h) and (i); and (F) to facilitate the exchange of information among eligible entities regarding best practices and promising practices used in the projects. (2) Continuation of peer technical assistance conferences The Secretary shall continue to hold peer technical assistance conferences for entities to which a grant is made under this section or was made under the immediate predecessor of this section. The preceding sentence shall not be interpreted to require any such conference to be held in person. (f) Evaluation of dedicated career pathways (1) In general The Secretary shall, by grant, contract, or interagency agreement, conduct rigorous and well-designed evaluations of the dedicated career pathway projects carried out pursuant to subsections (h) and (i). (2) Requirement applicable to second chance career pathway In the case of a project of the type described in subsection (i), the evaluation shall include identification of successful activities for creating opportunities for developing and sustaining, particularly with respect to low-income individuals with arrest or conviction records, a health professions workforce that has accessible entry points, that meets high standards for education, training, certification, and professional development, and that provides increased wages and affordable benefits, including health care coverage, that are responsive to the needs of the workforce. (3) Requirement applicable to maternal mortality career pathway In the case of a project of the type described in subsection (h), the evaluation shall include identification of successful activities for creating opportunities for developing and sustaining, particularly with respect to low-income individuals and other entry-level workers, a career pathway that has accessible entry points, that meets high standards for education, training, certification, and professional development, and that provides increased wages and affordable benefits, including health care coverage, that are responsive to the needs of the birth, pregnancy, and post-partum workforce. (g) Reports As a condition of funding, an eligible entity awarded a grant to conduct a project under this section shall submit interim reports to the Secretary on the activities carried out under the project, and, on the conclusion of the project, a final report on the activities. (h) Maternal mortality career pathway (1) Grant authority The Secretary shall award grants in accordance with this subsection to eligible entities to conduct career pathway projects for the purpose of providing education for professions such as doulas, lactation consultants, childbirth educators, infant massage therapists, newborn care specialists, midwives, and other community health worker professions, for individuals to enter and follow a dedicated career pathway in the field of pregnancy, childbirth, or post-partum services in a State that recognizes doulas or midwives as health care providers and that provides payment for services provided by doulas or midwives, as the case may be, under the State plan approved under title XIX. (2) Duration A grant awarded under this subsection shall have the same grant cycle as is provided in subsection (c)(2), and as a condition of funding the grantee shall comply with all data reporting requirements associated with the grant cycle. (3) Application requirements An entity seeking a grant under this subsection for a project shall submit to the Secretary an application for the grant, that includes the following: (A) A description of the partnerships, strategic staff hiring decisions, tailored program activities, or other programmatic elements of the project that are designed to support a strong career pathway in pregnancy, birth, or post-partum services. (B) A demonstration that the State in which the project is to be conducted recognizes and permits doulas and midwives to practice in the State. (C) A demonstration that the applicant has experience working with low-income populations, or a description of the plan of the applicant to work with a partner that has the experience. (4) Support to be provided The recipient of a grant under this subsection for a project shall provide required supportive services described in subsection (d)(2)(A) to project participants who need the services, and may expend the funding on eligible supportive services described in subsection (d)(2)(B). (i) Second chance career pathway (1) Grant authority The Secretary shall award grants in accordance with this subsection to eligible entities to conduct career pathway projects for the purpose of providing education and training for eligible individuals with arrest or conviction records to enter and follow a career pathway in the health professions through occupations that are expected to experience a labor shortage or be in high demand. (2) Duration A grant awarded under this subsection shall have the same grant cycle as is provided in subsection (c)(2), and as a condition of funding the grantee shall comply with all data reporting requirements associated with the grant cycle. (3) Application requirements An entity seeking a grant under this subsection for a project shall submit to the Secretary an application for the grant, that includes the following: (A) A demonstration that the State in which the project is to be conducted has in effect policies or laws that permit certain allied health and behavioral health care credentials to be awarded to people with certain arrest or conviction records (which policies or laws shall include appeals processes and other opportunities to demonstrate rehabilitation to obtain licensure and approval to work in the proposed health careers), and a plan described in the application which will use a legally permitted career pathway to train people with such a record to be trained and employed in such a career. (B) A discussion of how the project or future strategic hiring decisions will demonstrate the experience and expertise of the project in working with job seekers who have arrest or conviction records or employers with experience working with people with arrest or conviction records. (C) A demonstration that the applicant has experience working with low-income populations, or a description of the plan of the applicant to work with a partner that has the experience. (D) An identification of promising innovations or best practices that can be used to provide the training. (E) A proof of concept or demonstration that the applicant has done sufficient research on workforce shortage or in-demand jobs for which people with certain types of criminal records can be hired. (F) A plan for recruiting students who are eligible individuals into the project. (G) A plan for providing post-employment support and ongoing training as part of a career pathway under the project. (4) Support to be provided (A) Required support A recipient of a grant under this subsection for a project shall provide— (i) access to legal assistance for project participants for the purpose of addressing arrest or conviction records and associated workforce barriers; (ii) assistance with programs and activities deemed necessary to address arrest or conviction records as an employment barrier; and (iii) required supportive services described in subsection (d)(2)(A) to participants who need the services, and may expend funds on eligible supportive services described in subsection (d)(2)(B). (j) Definitions In this section: (1) Allied health profession The term allied health profession has the meaning given in section 799B(5) of the Public Health Service Act. (2) Career pathway The term career pathway has the meaning given that term in section 3(7) of the Workforce Innovation and Opportunity Act. (3) Doula The term doula means an individual who— (A) is certified by an organization that has been established for not less than 5 years and that requires the completion of continuing education to maintain the certification, to provide non-medical advice, information, emotional support, and physical comfort to an individual during the individual’s pregnancy, childbirth, and post-partum period; and (B) maintains the certification by completing the required continuing education. (4) Eligible entity The term eligible entity means any of the following entities that demonstrates in an application submitted under this section that the entity has the capacity to fully develop and administer the project described in the application: (A) A local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act. (B) A State or territory, a political subdivision of a State or territory, or an agency of a State, territory, or such a political subdivision, including a State or local entity that administers a State program funded under part A of this title. (C) An Indian tribe, a tribal organization, or a tribal college or university. (D) An institution of higher education (as defined in the Higher Education Act of 1965). (E) A hospital (as defined in section 1861(e)). (F) A high-quality skilled nursing facility. (G) A Federally qualified health center (as defined in section 1861(aa)(4)). (H) A nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986, a labor organization, or an entity with shared labor-management oversight, that has a demonstrated history of providing health profession training to eligible individuals. (I) In the case of a project of the type provided for in subsection (h) of this section, an entity recognized by a State, Indian tribe, or tribal organization as qualified to train doulas or midwives, if midwives or doulas, as the case may be, are permitted to practice in the State involved. (J) An opioid treatment program (as defined in section 1861(jjj)(2)), and other high quality comprehensive addiction care providers. (5) Eligible individual The term eligible individual means an individual whose family income does not exceed 200 percent of the Federal poverty level. (6) Federal poverty level The term Federal poverty level means the poverty line (as defined in section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved). (7) Indian tribe; tribal organization The terms Indian tribe and tribal organization have the meaning given the terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101 or 102(a)(1)(B) of the Higher Education Act of 1965. (9) Territory The term territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (10) Tribal college or university The term tribal college or university has the meaning given the term in section 316(b) of the Higher Education Act of 1965. (k) Funding In addition to amounts otherwise available, there is appropriated to the Secretary— (1) $318,750,000 for grants under subsection (c)(1)(A) for each of fiscal years 2022 through 2026; (2) $17,000,000 for grants under subsection (c)(1)(B) for each of fiscal years 2022 through 2026; (3) $21,250,000 for grants under subsection (c)(1)(C) for each of fiscal years 2022 through 2026; (4) $25,500,000 for projects conducted under subsections (h) and (i) for each of fiscal years 2023 through 2026; (5) $25,500,000, plus all amounts referred to in paragraphs (1) through (4) of this subsection that remain unused after all grant awards are made for the fiscal year, for each of fiscal years 2022 through 2026, for the provision of technical assistance and administration; and (6) $17,000,000 for each of fiscal years 2022 through 2026 for studying the effects of the projects for which a grant is made under this section, and for administration, for the purpose of supporting the rigorous evaluation of the projects, and supporting the continued study of the short-, medium-, and long-term effects of all such projects, including the effectiveness of new or added elements of the projects. . | https://www.govinfo.gov/content/pkg/BILLS-117s3189is/xml/BILLS-117s3189is.xml |
117-s-3190 | II 117th CONGRESS 1st Session S. 3190 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mrs. Fischer (for herself, Mr. Grassley , Mrs. Capito , Mr. Crapo , Mr. Cramer , Mrs. Hyde-Smith , Mr. Cassidy , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 31, United States Code, to provide for transparency of payments made from the Judgment Fund.
1. Short title This Act may be cited as the Judgment Fund Accountability Act of 2021 . 2. Judgment Fund transparency (a) Transparency requirement Section 1304 of title 31, United States Code, is amended by adding at the end the following: (d) Unless the disclosure of such information is otherwise prohibited by law or court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment: (1) The name of the specific agency or entity whose actions gave rise to the claim or judgment. (2) The name of the plaintiff or claimant. (3) The name of counsel for the plaintiff or claimant. (4) The amount paid representing principal liability and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest. (5) A brief description of the facts that gave rise to the claim. (6) The name of the agency that submitted the claim. (e) No payment may be made under this section to an individual who has entered, or attempted to enter, the United States unlawfully. . (b) Implementation The Secretary of the Treasury shall implement the amendment made by this section beginning not later than 60 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3190is/xml/BILLS-117s3190is.xml |
117-s-3191 | II 117th CONGRESS 1st Session S. 3191 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Sasse (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for flexible giving accounts, and for other purposes.
1. Short title This Act may be cited as the Everyday Philanthropist Act . 2. Flexible giving accounts (a) In general Subsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , or , and by inserting after paragraph (8) the following: (9) flexible giving account. . (b) Flexible giving account Section 132 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following: (o) Flexible giving account (1) In general (A) Flexible giving account For purposes of this subsection, a flexible giving account is an account under an arrangement which is a separate written plan of an employer for the exclusive benefit of all eligible employees under which— (i) an employee may elect— (I) to receive a reduction in compensation and have the employer deposit the amount of the reduction in a flexible giving account of the electing employee, and (II) before the reduction under subclause (I), to designate 1 or more eligible entities to which distributions are to be made from the account, (ii) the employer will not make any reduction under clause (i)(I) unless 1 or more entities have been designated under clause (i)(II), (iii) the employer, as soon after the deposit under clause (i)(I) as practicable, makes the disbursements designated under clause (i), (iv) the employer provides reasonable notification of the availability and terms of the arrangement to all eligible employees, (v) the employer maintains a separate flexible giving account on behalf of each employee for whom an election is in effect under clause (i), and (vi) the employer agrees to furnish to each participating employee, on or before January 31 of each year, a written accounting of the employee’s flexible giving account showing deposits and disbursements during the previous calendar year. (B) Maximum reduction The amount of a reduction under subparagraph (A) for a taxable year shall not exceed $2,700. (2) Eligible employee For purposes of this subsection— (A) In general (i) Eligible employee The term eligible employee means, with respect to a flexible giving account, any employee who— (I) is not a highly compensated or key employee, and (II) has not been excluded from the arrangement pursuant to subparagraph (B). (ii) Highly compensated employee The term highly compensated employee has the meaning given such term by section 414(q). (iii) Key employee The term key employee has the meaning given such term by section 416(i). (B) Certain employees may be excluded (i) In general For purposes of subparagraph (A), an employer may elect to exclude under the arrangement described in paragraph (1) any employee who— (I) has not attained the age of 21 before the close of a plan year of the arrangement, (II) has less than 1 year of service with the employer as of any day during the plan year, or (III) is described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States). (ii) Shorter service period; younger age For purposes of clause (i), an employer may elect to— (I) reduce the applicable minimum age under subclause (I) of such clause, or (II) reduce the applicable period of service under subclause (II) of such clause. (3) Tax treatment of distributions (A) In general Any distribution from a flexible giving account shall not be includible in the gross income of the eligible employee. (B) Coordination with section 170 (i) Denial of deduction No deduction shall be allowed under section 170(a) with respect to any amount distributed from the flexible giving account of an eligible employee. (ii) Treatment as charitable contribution Except as provided in clause (i), any distribution from the flexible giving account of an eligible employee shall otherwise be treated as a charitable contribution made by such employee for purposes of section 170, including for purposes of any limitation applicable under subsection (b) of such section. (4) Eligible entity For purposes of this subsection, the term eligible entity means any entity described in paragraphs (1) through (5) of section 170(c) other than a private foundation described in subsection (b)(1)(F) of section 170. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3191is/xml/BILLS-117s3191is.xml |
117-s-3192 | II 117th CONGRESS 1st Session S. 3192 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Risch (for himself, Mr. Crapo , Mr. Hagerty , Mr. Cornyn , Mr. Rubio , and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To advance a policy to ensure peace and security across the Taiwan Strait.
1. Short title; table of contents (a) Short title This Act may be cited as the Taiwan Deterrence Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Deterrence policy regarding Taiwan Sec. 101. Findings. Sec. 102. Statement of policy. TITLE II—Bolstering United States and Taiwan defense and security Sec. 201. Report on capability development by Taiwan. Sec. 202. Authorization of appropriations for Foreign Military Financing grant assistance to Taiwan. Sec. 203. Eligibility of Taiwan for Foreign Military Sales and export status under the Arms Export Control Act. Sec. 204. Report on advancing the defense of Taiwan. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) People’s Liberation Army; PLA The terms People’s Liberation Army and PLA mean the armed forces of the People’s Republic of China. (3) PRC; China The terms PRC and China mean the People’s Republic of China. I Deterrence policy regarding Taiwan 101. Findings Congress makes the following findings: (1) Taiwan is a model democracy in the Indo-Pacific, with open and fair elections, strong market-led economic growth, and high levels of individual freedoms. (2) The United States and Taiwan share a robust unofficial relationship with close cooperation on a wide range of issues, including global health, economic issues, military and defense, development, and people-to-people exchanges. (3) Taiwan is a key economic partner of the United States, serving as the 10th largest trading partner of the United States as of October 2021 and home to critical high-tech supply chains. (4) The People's Republic of China has greatly increased its political, diplomatic, economic, and military coercion campaigns across the Taiwan Strait, especially since 2016. (5) The PRC seeks to annex Taiwan through whatever means may ultimately be required. The insistence by the Chinese Communist Party that so-called reunification is Taiwan’s only option makes that goal inherently coercive. In January 2019, President Xi stated that the PRC make[s] no promise to renounce the use of force and reserve[s] the option of taking all necessary means . Taiwan’s embodiment of democratic values and economic liberalism challenges President Xi’s goal of achieving national rejuvenation. The PRC plans to exploit Taiwan’s dominant strategic position in the First Island Chain and to project power into the Second Island Chain and beyond. (6) The People’s Liberation Army has exponentially increased its military activity in the Taiwan Strait. As of October 2021, the Ministry of National Defense of Taiwan recorded that more than 600 Chinese military sorties have flown into the Air Defense Identification Zone of Taiwan in 2021 alone. That is an increase of 50 percent compared to 2020. That same month, the PLA made its largest ever air incursion into the Air Defense Identification Zone of Taiwan, sending almost 150 planes in total over a number of days. (7) In response, on October 3, 2021, the Department of State said it was very concerned by the People’s Republic of China’s provocative military activity near Taiwan, which is destabilizing, risks miscalculations, and undermines regional peace and stability and urged Beijing to cease its military, diplomatic, and economic pressure and coercion against Taiwan . (8) The PRC has increased the frequency and scope of its exercises and operations targeting Taiwan, such as amphibious assault and live-fire exercises in the Taiwan Strait, PLA Air Force flights that encircle Taiwan, and flights across the unofficial median line in the Taiwan Strait. The destruction of Hong Kong’s autonomy by the Government of the PRC potentially accelerates the timeline of a Taiwan scenario and makes the defense of Taiwan an even more urgent priority. (9) In October 2021, the PRC adopted export controls on Chinese goods to Taiwan in an attempt to put more economic pressure on Taiwan. That follows an increase in PRC tactics to squeeze the economy of Taiwan, including banning certain exports and adopting the 31 measures policy to induce brain drain on the island by providing government-sponsored incentives for Taiwanese talent and businesses to move to the mainland. (10) The PRC launches massive cyber campaigns against Taiwan. The Department of Cyber Security of Taiwan estimates that there are approximately 20,000,000 to 40,000,000 cyberattacks every month, most of which are suspected to be by the PRC. In July 2021, head of the Department of Cyber Security of Taiwan Chien Hung-wei told United States media that there was a rather high degree of confidence that many attacks originated from our neighbor [the PRC] and warned that Taiwan’s critical infrastructure, such as gas, water, and electricity are highly digitized, so [Taiwan] can easily fall victim . (11) The PRC continues to isolate Taiwan diplomatically. The PRC has refused to allow Taiwan to attend annual summits of international organizations such as the International Civil Aviation Organization, the International Criminal Police Organization (INTERPOL), and the World Health Organization. (12) The PRC also uses its economic might to punish countries who seek closer ties with Taiwan. Most recently, in September 2021, the PRC denied Lithuania certain export licenses after Lithuania and Taiwan announced their intent to establish a Taiwan representative office in the city of Vilnius. (13) The PRC uses economic incentives such as massive investment promises to try to formalize relations with Taiwan’s remaining allies. Since 2016, seven countries—the Republic of Kiribati, the Solomon Islands, the Dominican Republic, Burkina Faso, the Republic of El Salvador, the Republic of Panama, and the Democratic Republic of Sao Tome and Principe—have shifted diplomatic recognition from Taipei to Beijing. (14) The PRC aims to use its growing military might in concert with other instruments of its national power to displace the United States in the Indo-Pacific and establish hegemony over the region. Achieving the annexation of Taiwan is a key step for the PRC to achieve those ambitions. (15) The defense of Taiwan is critical to— (A) retaining the credibility of the United States as a defender of the democratic values and free-market principles embodied by the people and government of Taiwan; (B) limiting the ability of the PLA to project power beyond the First Island Chain, including to United States territory, such as Guam and Hawaii; (C) defending the territorial integrity of Japan; and (D) preventing the PLA from diverting military planning, resources, and personnel to broader military ambitions. 102. Statement of policy (a) Objectives It is the policy of the United States, in ensuring security in the Taiwan Strait, to pursue the following objectives: (1) The balance of power in the Indo-Pacific remains favorable to the United States and its allies and partners. The United States and its allies and partners maintain unfettered access to the region and the PRC neither dominates the region nor coerces its neighbors, including Taiwan. (2) The allies and partners of the United States, including Taiwan— (A) maintain confidence in United States leadership and its commitment to the Indo-Pacific region; (B) can withstand and combat subversion and undue influence by the PRC; and (C) work with the United States to promote shared interests and values in the region. (3) The combined influence of the United States and its allies and partners is strong enough to demonstrate to the PRC that the risks of attempts to annex Taiwan by coercion or force outweigh the potential benefits. (4) The United States deters the PRC from seeking military or other aggressive unilateral action to change the status quo on Taiwan or in the Taiwan Strait. (b) Policy It is the policy of the United States, in pursuit of the objectives set forth in subsection (a)— (1) to prioritize the Indo-Pacific region as the most important political-military theater for United States foreign policy; (2) to prioritize resources for achieving United States political and military objectives in that most critical region; (3) to sustain the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. ) and the Six Assurances provided by the United States to Taiwan in July 1982 as the foundations for United States-Taiwan relations; (4) to deepen, to the fullest extent possible, the extensive, close, and friendly relations of the United States and Taiwan, including cooperation to support the development of capable, ready, and modern forces necessary for the defense of Taiwan; (5) to encourage and facilitate Taiwan’s accelerated acquisition of asymmetric defense capabilities, which are crucial to defending the islands of Taiwan from invasion, including long-range precision fires, anti-ship missiles, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance and reconnaissance (C4ISR), and resilient command and control capabilities; (6) to increase the conduct of relevant and practical training and exercises with the defense forces of Taiwan, including, as appropriate, the Rim of the Pacific exercise, combined training at United States Army combat training centers and the United States Marine Corps Air Ground Combat Center, United States Air Force Red Flag and Green Flag exercises, and bilateral naval exercises and training; (7) to use, in service of the policy described in paragraphs (5) and (6), existing tools such as foreign military sales and direct commercial sales, identify new tools, including foreign military financing for Taiwan under certain conditions, and explore greater industrial cooperation and co-production or co-development opportunities; (8) to prioritize the timely review of and response to requests from Taiwan for defense articles and services within the United States acquisition system, and to ensure that such prioritization is the top priority of relevant Cabinet officials, including the Secretary of State and the Secretary of Defense; (9) to prioritize building the capacity of Taiwan to protect United States defense technology; (10) to design major defense capabilities for export; (11) to encourage Taiwan’s domestic production of certain defense capabilities; (12) to expand professional military education and technical training opportunities in the United States for military personnel of Taiwan; (13) to pursue a strategy of military engagement with Taiwan that fully integrates exchanges at the strategic, policy, and functional levels; (14) to increase exchanges between senior defense officials and general officers of the United States and Taiwan consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of the military forces of the United States and Taiwan; (15) to conduct exchanges with Taiwan specifically focused on improving the reserve force of Taiwan and to ensure the effectiveness of the All-Out Defense Mobilization Agency; (16) to deter acts of aggression or coercion by the PRC against the interests of the United States and its allies, especially regarding Taiwan, by showing PRC leaders that the United States can and is willing to deny them the ability to achieve their objectives, including by— (A) consistently demonstrating the political will of the United States to deepening existing treaty alliances and growing new partnerships as a durable, asymmetric, and unmatched strategic advantage to the growing military capabilities and reach of the PRC; (B) maintaining a system of forward-deployed bases in the Indo-Pacific region as the most visible sign of United States resolve and commitment to the region and as platforms to ensure United States operational readiness and advance interoperability with allies and partners; (C) adopting a more dispersed force posture throughout the region, particularly the Western Pacific, and pursuing maximum access for United States mobile and relocatable launchers for long-range cruise, ballistic, and hypersonic weapons throughout the Indo-Pacific region; (D) fielding long-range, precision-strike networks to United States and allied forces, including ground-launched cruise missiles, undersea and naval capabilities, and integrated air and missile defense in the First Island Chain and the Second Island Chain, in order to impose high risks on the PRC for operating in those zones and maximize the ability of the United States to operate; (E) strengthening extended deterrence to demonstrate that escalation against key United States interests would be costly, risky, and self-defeating; and (F) collaborating with allies and partners to accelerate their roles in more equitably sharing the burdens of mutual defense, including through the acquisition and fielding of advanced capabilities and training that will better enable them to repel PRC aggression or coercion; (17) to strengthen and deepen United States alliances and partnerships, prioritizing the Indo-Pacific region, by pursuing greater bilateral and multilateral cooperative initiatives that ensure peace and stability in the Taiwan Strait, advance shared interests, and bolster partner countries’ confidence that the United States is and will remain a strong, committed, and constant partner; (18) to encourage and aid Taiwan to boost its own capabilities and resiliency to avoid and deter PRC military pressure in the Taiwan Strait; (19) to maintain United States access to the Western Pacific, including by— (A) increasing the qualitative advantage of United States forward-deployed forces in the Indo-Pacific region; (B) modernizing the United States military through investments in existing and new major platforms, emerging technologies, critical in-theater force structure and enabling capabilities, operational concepts, and access agreements; and (C) operating and conducting exercises with allies and partners— (i) to prevent the PLA from gaining the ability to project power and establish contested zones within the First Island Chain and the Second Island Chain; (ii) to diminish the ability of the PLA to coerce its neighbors; and (iii) to maintain open sea and air lanes, particularly in the Taiwan Strait, the East China Sea, and the South China Sea; (20) to deter the PRC from— (A) coercing Taiwan, including by developing more combat-credible forces that are integrated with Indo-Pacific allies and partners of the United States in contact, blunt, and surge layers and able to defeat any PRC theory of victory in the First Island Chain or Second Island Chain and beyond, as called for in the 2018 National Defense Strategy; (B) using gray-zone tactics below the level of armed conflict; or (C) initiating armed conflict; and (21) to convey to the PRC that, in the event that deterrence by denial fails, the United States, if necessary— (A) will impose prohibitive diplomatic, economic, financial, reputational, and military costs on the PRC for its aggression; and (B) will defend itself and its allies regardless of the point of origin of attacks against them. II Bolstering United States and Taiwan defense and security 201. Report on capability development by Taiwan (a) Sense of Congress It is the sense of Congress that— (1) the Secretary of State should expand and strengthen existing measures under the United States Conventional Arms Transfer Policy to provide capabilities to Taiwan, prioritizing Taiwan in accordance with United States strategic imperatives; (2) the United States should design for export to Taiwan capabilities critical to maintaining a favorable military balance in the region, including long-range precision fires, air and missile defense systems, anti-ship cruise missiles, land attack cruise missiles, conventional hypersonic systems, intelligence, surveillance, and reconnaissance capabilities, and command and control systems; (3) the United States should pursue, to the maximum extent possible, anticipatory technology security and foreign disclosure policy on the systems described in paragraph (2); and (4) the Secretary of State should— (A) urge Taiwan to invest in sufficient quantities of munitions to meet contingency requirements and avoid the need for accessing United States stocks in wartime; and (B) cooperate with Taiwan to deliver such munitions, or when necessary, to increase the capacity of Taiwan to produce such munitions. (b) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that— (A) describes United States priorities for building more capable Taiwan security forces and organizations; and (B) identifies statutory, regulatory, or other obstacles to advancing such priorities. (2) Matters to be included The report required by paragraph (1) shall— (A) provide a priority list of defense and military capabilities that Taiwan must possess for the United States to be able to achieve its military objectives in the Indo-Pacific region; (B) identify, from the list referred to in subparagraph (A), the capabilities that are best provided, or can only be provided, by the United States; (C) identify— (i) actions required to prioritize United States Government resources and personnel to expedite fielding the capabilities identified under subparagraph (B); and (ii) steps needed to fully account for and a plan to integrate all means of United States foreign military sales, direct commercial sales, security assistance, and all applicable authorities of the Department of State and the Department of Defense; (D) assess the major obstacles to fulfilling requirements for United States security assistance for Taiwan, including resources and personnel limits, legislative and policy barriers, and factors related to specific partner countries; (E) identify limitations on the ability of the United States to provide the capabilities described in paragraph (A), including the capabilities identified under subparagraph (B), because of existing United States treaty obligations or United States statutes, regulations, or other policies; (F) recommend changes to existing statutes, regulations, or other policies that would reduce or eliminate limitations on providing critical capabilities to Taiwan; (G) identify requirements to streamline the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, that would enable more effective delivery of capabilities to Taiwan; (H) recommend improvements to the process for developing requirements for Taiwan’s capabilities; and (I) recommend other statutory, regulatory, or policy changes that would improve delivery timelines. (3) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 202. Authorization of appropriations for Foreign Military Financing grant assistance to Taiwan (a) Taiwan security programs In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated to the Department of State for Taiwan Foreign Military Finance grant assistance programs $2,000,000,000 for each of fiscal years 2023 to 2032. (b) Restrictions on Taiwan Foreign Military Financing Amounts authorized to be appropriated under subsection (a) shall be available only if— (1) Taiwan commits to match spending on a dollar-for-dollar basis; and (2) the United States and Taiwan formally agree— (A) to conduct joint long-range planning for capability development; and (B) on the expenditure of such amounts. 203. Eligibility of Taiwan for Foreign Military Sales and export status under the Arms Export Control Act The Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) is amended— (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), (3)(d)(5), 21(e)(2)(A), 36(b)(1), 36(b)(2), 36(b)(6), 36(c)(2)(A), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting Taiwan, before or New Zealand each place it appears; (2) in section 3(b)(2), by inserting the Government of Taiwan, before or the Government of New Zealand ; and (3) in sections 21(h)(1)(A) and 21(h)(2), by inserting Taiwan, before or Israel each place it appears. 204. Report on advancing the defense of Taiwan (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period of seven years, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate congressional committees a report on Taiwan’s enhancement of its self-defense capabilities. (b) Matters To be included Each report required by subsection (a) shall include the following: (1) An assessment of the commitment of Taiwan to implementing the tenets of the Overall Defense Concept, and what steps Taiwan has and has not taken to implement those tenets. (2) An assessment of the efforts of Taiwan to acquire and employ within its forces asymmetric capabilities, including— (A) long-range precision fires; (B) air and missile defense systems; (C) anti-ship cruise missiles; (D) land attack cruise missiles; (E) conventional hypersonic systems; (F) mining and countermining capabilities; (G) intelligence, surveillance, and reconnaissance capabilities; (H) command and control systems; and (I) any other defense capabilities the Secretary of State and the Secretary of Defense jointly determine are crucial to the defense of Taiwan. (3) An evaluation of the balance between conventional and asymmetric capabilities in the defense force of Taiwan as of the date on which the report is submitted. (4) An assessment of steps by Taiwan to enhance the overall readiness of its defense forces, including— (A) the extent to which Taiwan is requiring and providing regular training to such forces; (B) the extent to which such training is realistic to the security environment Taiwan faces; and (C) the sufficiency of the financial and budgetary resources Taiwan is putting toward readiness of such forces. (5) An assessment of steps by Taiwan to ensure that the Taiwan Reserve Command can recruit, train, and equip its forces. (6) An evaluation of— (A) the severity of manpower shortages in the military of Taiwan, including in the reserve forces; (B) the impact of such shortages in the event of a conflict scenario; and (C) Taiwan’s efforts to address such shortages. (7) An assessment of efforts by Taiwan to boost its civilian defenses, including any informational campaigns to make aware the risks of Taiwan’s security environment to the population of Taiwan. (8) An assessment of efforts by Taiwan to secure its critical infrastructure, including in transportation, telecommunications networks, and energy. (9) An assessment of efforts by Taiwan to enhance its cybersecurity, including the security of civilian government and military networks. (10) An assessment of any significant gaps in any of the matters described in paragraphs (1) through (9) with respect to which the United States assesses that additional action is needed. (11) A description of cooperative efforts between the United States and Taiwan on the matters described in paragraphs (1) through (10). (12) A description of resistance within the Government of Taiwan to implementing the matters described in paragraphs (1) through (9) or to United States support or engagement with regard to those matters. (c) Form The report required by subsection (a) shall be submitted in classified form, but may include an unclassified summary. | https://www.govinfo.gov/content/pkg/BILLS-117s3192is/xml/BILLS-117s3192is.xml |
117-s-3193 | II 117th CONGRESS 1st Session S. 3193 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Daines (for himself, Ms. Smith , Mr. Moran , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand the scope of practitioners eligible for payment for telehealth services under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Expanded Telehealth Access Act . 2. Expanding the scope of practitioners eligible for payment for telehealth services under medicare (a) Telehealth provider parity Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (1)— (A) by striking described in section 1842(b)(18)(C) and inserting as described in paragraph (4)(E)) ; and (B) by striking individual physician or practitioner and inserting individual physician or practitioner described in paragraph (4)(E) ; (2) in paragraph (2)— (A) by striking practitioner each place it appears and inserting practitioner as described in paragraph (4)(E) each such place; (B) by inserting before located at a distant site the following (or, in the case of an occupational therapy assistant described in paragraph (4)(E)(ii)(II) or a physical therapist assistant described in paragraph (4)(E)(ii)(III), shall pay with respect to such assistant) ; and (C) by inserting (or, in the case of an occupational therapy assistant described in paragraph (4)(E)(ii)(II) or a physical therapist assistant described in paragraph (4)(E)(ii)(III), the amount that would have been paid under this title with respect to such assistant) after would have been paid under this title ; (3) in paragraph (3)— (A) in subparagraph (A), by striking or practitioner and inserting or practitioner described in paragraph (4)(E) ; and (B) in subparagraph (B), by inserting described in subparagraph (C) of such section after practitioners ; and (4) in paragraph (4)— (A) in each of subparagraphs (A) and (C), by inserting described in paragraph (4)(E) after practitioner ; and (B) by amending subparagraph (E) to read as follows: (E) Practitioner described The term practitioner means any of the following: (i) A practitioner described in section 1842(b)(18)(C). (ii) With respect to services furnished on or after the date of enactment of the Expanded Telehealth Access Act, a licensed— (I) qualified audiologist (as defined in section 1861(ll)(4)(B)); (II) occupational therapist and occupational therapy assistant under the supervision of an occupational therapist; (III) physical therapist and physical therapist assistant under the supervision of a physical therapist; (IV) qualified speech-language pathologist (as defined in section 1861(ll)(4)(A)); (V) facility described in paragraph (8) or (9) of section 1833(a) that furnishes telehealth therapy services; and (VI) any additional health care provider, as specified by the Secretary, who participates under this title and furnishes a service that is included as a telehealth service under this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s3193is/xml/BILLS-117s3193is.xml |
117-s-3194 | II 117th CONGRESS 1st Session S. 3194 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Boozman (for himself, Ms. Smith , Mr. Kaine , Ms. Klobuchar , and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to submit to Congress a report on mental health care furnished by the Department of Veterans Affairs in certain States and a report on funding by Vet Centers of marketing and outreach.
1. Short title This Act may be cited as the Vet Center Support Act . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives. (2) Covered State The term covered State means each State (including the District of Columbia, Puerto Rico, and any territory or possession of the United States) that has a ratio of one or fewer Vet Centers per 100,000 or more veterans who reside in such State (as such population is determined by the Secretary of Veterans Affairs, acting through the National Center for Veterans Analysis and Statistics, for fiscal year 2021). (3) Vet Center The term Vet Center — (A) has the meaning given that term in section 1712A of title 38, United States Code; (B) includes Vet Center outstations; and (C) does not include mobile Vet Centers. 3. Report on mental health care furnished by Department of Veterans Affairs in certain States (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report regarding mental health care furnished by the Department of Veterans Affairs to veterans in each covered State. (b) Elements The report under subsection (a) shall include, with respect to each covered State, the following: (1) An assessment of the ability of the Department to furnish to veterans in such State— (A) readjustment counseling; (B) therapy for post-traumatic stress disorder and other trauma-related therapy; (C) group counseling; (D) marriage and family counseling; (E) military sexual trauma counseling; (F) bereavement counseling; (G) screenings and referrals for medical issues; (H) substance abuse assessments and referrals; (I) employment assessments and referrals; and (J) explanations and referrals regarding benefits furnished through the Veterans Benefits Administration of the Department. (2) An assessment of the feasibility of establishing additional Vet Centers in such State. (3) An assessment of the feasibility of increasing staff at existing Vet Centers in such State to ensure comprehensive coverage. (4) An assessment of any barriers faced by such State regarding— (A) demonstrating a need for additional Vet Centers, mobile Vet Centers, and community access points; (B) including travel time as a measure of productivity while conducting outreach to underserved areas; and (C) building a new Vet Center. (5) An analysis of staffing shortages at Vet Centers in such State, including delays in approving and processing new hires. (6) An outreach strategy for using mobile Vet Centers, Vet Center outstations, and community access points to ensure that mental health care services reach veterans in underserved areas in such State. 4. Report on marketing and outreach funding by Vet Centers (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report regarding funding by Vet Centers in covered States of marketing and outreach. (b) Elements The report under subsection (a) shall include, with respect to each covered State, the following: (1) An accounting of marketing and outreach funding for each Vet Center in such State. (2) An assessment of the adequacy of the marketing and outreach funds for each Vet Center in such State, including the ability of each such Vet Center to connect with veterans about services provided. (3) An analysis of effectiveness of each Vet Center in such State to market and conduct outreach. (4) A marketing and outreach strategy for Vet Centers to ensure that local resources are effectively utilized to connect with the local veteran community in such State. | https://www.govinfo.gov/content/pkg/BILLS-117s3194is/xml/BILLS-117s3194is.xml |
117-s-3195 | II 117th CONGRESS 1st Session S. 3195 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Cantwell (for herself, Mr. Schatz , Ms. Klobuchar , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.
1. Short title; table of contents (a) Short title This Act may be cited as the Consumer Online Privacy Rights Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I—Data privacy rights Sec. 101. Duty of loyalty. Sec. 102. Right to access and transparency. Sec. 103. Right to delete. Sec. 104. Right to correct inaccuracies. Sec. 105. Right to controls. Sec. 106. Right to data minimization. Sec. 107. Right to data security. Sec. 108. Civil rights. Sec. 109. Prohibition on waiver of rights. Sec. 110. Limitations and applicability. TITLE II—Oversight and responsibility Sec. 201. Executive responsibility. Sec. 202. Privacy and data security officers; comprehensive privacy and data security programs; risk assessments and compliance. Sec. 203. Service providers and third parties. Sec. 204. Whistleblower protections. Sec. 205. Digital content forgeries. TITLE III—Miscellaneous Sec. 301. Enforcement, civil penalties, and applicability. Sec. 302. Relationship to Federal and State laws. Sec. 303. Severability. Sec. 304. Authorization of appropriations. 2. Definitions In this Act: (1) Affirmative express consent (A) In general The term affirmative express consent means an affirmative act by an individual that clearly communicates the individual’s authorization for an act or practice, in response to a specific request that meets the requirements of subparagraph (B). (B) Request requirements The requirements of this subparagraph with respect to a request from a covered entity to an individual are the following: (i) The request is provided to the individual in a standalone disclosure. (ii) The request includes a description of each act or practice for which the individual’s consent is sought and— (I) clearly distinguishes between an act or practice which is necessary to fulfill a request of the individual and an act or practice which is for another purpose; and (II) is written in easy-to-understand language and includes a prominent heading that would enable a reasonable individual to identify and understand the act or practice. (iii) The request clearly explains the individual’s applicable rights related to consent. (C) Express consent required An entity shall not infer that an individual has provided affirmative express consent to an act or practice from the inaction of the individual or the individual’s continued use of a service or product provided by the entity. (2) Algorithmic decision-making The term algorithmic decision-making means a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques that makes a decision or facilitates human decision-making with respect to covered data. (3) Biometric information (A) In general The term biometric information means any covered data generated from the measurement or specific technological processing of an individual’s biological, physical, or physiological characteristics, including— (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) facial scans or templates; (v) deoxyribonucleic acid (DNA) information; and (vi) gait. (B) Exclusions Such term does not include writing samples, written signatures, photographs, voice recordings, demographic data, or physical characteristics such as height, weight, hair color, or eye color, provided that such data is not used for the purpose of identifying an individual’s unique biological, physical, or physiological characteristics. (4) Collect; collection The terms collect and collection mean buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring covered data by any means, including by passively or actively observing the individual’s behavior. (5) Common branding The term common branding means a shared name, servicemark, or trademark. (6) Control The term control means, with respect to an entity— (A) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of the entity; (B) control in any manner over the election of a majority of the directors of the entity (or of individuals exercising similar functions); or (C) the power to exercise a controlling influence over the management of the entity. (7) Commission The term Commission means the Federal Trade Commission. (8) Covered data (A) In general The term covered data means information that identifies, or is linked or reasonably linkable to an individual or a consumer device, including derived data. (B) Exclusions Such term does not include— (i) de-identified data; (ii) employee data; and (iii) public records. (9) Covered entity (A) In general The term covered entity means any entity or person that— (i) is subject to the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ); and (ii) processes or transfers covered data. (B) Inclusion of commonly controlled and commonly branded entities Such term includes any entity or person that controls, is controlled by, is under common control with, or shares common branding with a covered entity. (C) Exclusion of small business Such term does not include a small business. (10) De-identified data Term de-identified data means information that cannot reasonably be used to infer information about, or otherwise be linked to, an individual, a household, or a device used by an individual or household, provided that the entity— (A) takes reasonable measures to ensure that the information cannot be reidentified, or associated with, an individual, a household, or a device used by an individual or household; (B) publicly commits in a conspicuous manner— (i) to process and transfer the information in a de-identified form; and (ii) not to attempt to reidentify or associate the information with any individual, household, or device used by an individual or household; and (C) contractually obligates any person or entity that receives the information from the covered entity to comply with all of the provisions of this paragraph. (11) Derived data The term derived data means covered data that is created by the derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data about an individual, household, or device used by an individual or household. (12) Employee data The term employee data means— (A) covered data that is collected by a covered entity or the covered entity’s service provider about an individual in the course of the individual’s employment or application for employment (including on a contract or temporary basis) provided that such data is retained or processed by the covered entity or the covered entity’s service provider solely for purposes necessary for the individual’s employment or application for employment; (B) covered data that is collected by a covered entity or the covered entity’s service provider that is emergency contact information for an individual who is an employee, contractor, or job applicant of the covered entity provided that such data is retained or processed by the covered entity or the covered entity’s service provider solely for the purpose of having an emergency contact for such individual on file; and (C) covered data that is collected by a covered entity or the covered entity’s service provider about an individual (or a relative of an individual) who is an employee or former employee of the covered entity for the purpose of administering benefits to which such individual or relative is entitled on the basis of the individual’s employment with the covered entity, provided that such data is retained or processed by the covered entity or the covered entity’s service provider solely for the purpose of administering such benefits. (13) Executive agency The term Executive agency has the meaning given such term in section 105 of title 5, United States Code. (14) Individual The term individual means a natural person residing in the United States, however identified, including by any unique identifier. (15) Large data holder The term large data holder means a covered entity that, in the most recent calendar year— (A) processed or transferred the covered data of more than 5,000,000 individuals, devices used by individuals or households, or households; or (B) processed or transferred the sensitive covered data of more than 100,000 individuals, devices used by individuals or households, or households. (16) Process The term process means any operation or set of operations performed on covered data including collection, analysis, organization, structuring, retaining, using, or otherwise handling covered data. (17) Processing purpose The term processing purpose means an adequately specific and granular reason for which a covered entity processes covered data that clearly describes the processing activity. (18) Publicly available information (A) In general The term publicly available information means— (i) information that a covered entity has a reasonable basis to believe is lawfully made available to the general public from widely distributed media; and (ii) information that is directly and voluntarily disclosed to the general public by the individual to whom the information relates. (B) Limitation Such term does not include— (i) information derived from publicly available information; (ii) biometric information; or (iii) nonpublicly available information that has been combined with publicly available information. (19) Public records The term public records means information that is lawfully made available from Federal, State, or local government records provided that the covered entity processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (20) Sensitive covered data The term sensitive covered data means the following forms of covered data: (A) A government-issued identifier, such as a Social Security number, passport number, or driver’s license number. (B) Any information that describes or reveals the past, present, or future physical health, mental health, disability, or diagnosis of an individual. (C) A financial account number, debit card number, credit card number, or any required security or access code, password, or credentials allowing access to any such account. (D) Biometric information. (E) Precise geolocation information that reveals the past or present actual physical location of an individual or device. (F) The content or metadata of an individual’s private communications or the identity of the parties to such communications unless the covered entity is an intended recipient of the communication. (G) An email address, telephone number, or account log-in credentials. (H) Information revealing an individual’s race, ethnicity, national origin, religion, or union membership in a manner inconsistent with the individual’s reasonable expectation regarding disclosure of such information. (I) Information revealing the sexual orientation or sexual behavior of an individual in a manner inconsistent with the individual’s reasonable expectation regarding disclosure of such information. (J) Information revealing online activities over time and across third-party websites or online services. (K) Calendar information, address book information, phone or text logs, photos, or videos maintained on an individual’s device. (L) A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual. (M) Any other covered data processed or transferred for the purpose of identifying the above data types. (N) Any other covered data that the Commission determines to be sensitive covered data through a rulemaking pursuant to section 553 of title 5, United States Code. (21) Service provider (A) In general The term service provider means a covered entity that processes or transfers covered data in the course of performing a service or function on behalf of, and at the direction of, another covered entity, but only to the extent that such processing or transferral— (i) relates to the performance of such service or function; or (ii) is necessary to comply with a legal obligation or to establish, exercise, or defend legal claims. (B) Exclusion Such term does not include a covered entity that processes or transfers the covered data outside of the direct relationship between the service provider and the covered entity. (22) Service provider data The term service provider data means covered data that is collected by or has been transferred to a service provider by a covered entity for the purpose of allowing the service provider to perform a service or function on behalf of, and at the direction of, such covered entity. (23) Small business (A) In general The term small business means an entity that can establish that, with respect to the 3 preceding calendar years (or for the period during which the entity has been in existence if, as of such date, such period is less than 3 years) the entity does not— (i) maintain annual average gross revenue in excess of $25,000,000; (ii) annually process the covered data of an average of 100,000 or more individuals, households, or devices used by individuals or households; and (iii) derive 50 percent or more of its annual revenue from transferring individuals’ covered data. (B) Common control; common branding For purposes of subparagraph (A), the annual average gross revenue, data processing volume, and percentage of annual revenue of an entity shall include the revenue and processing activities of any person that controls, is controlled by, is under common control with, or shares common branding with such entity. (24) Third party The term third party — (A) means any person or entity that— (i) processes or transfers third party data; and (ii) is not a service provider with respect to such data; and (B) does not include a person or entity that collects covered data from another entity if the two entities are related by common ownership or corporate control and share common branding. (25) Third party data The term third party data means covered data that is transferred to a third party by a covered entity. (26) Transfer The term transfer means to disclose, release, share, disseminate, make available, sell, license, or otherwise communicate covered data by any means to a service provider or third party— (A) in exchange for consideration; or (B) for a commercial purpose. (27) Unique identifier The term unique identifier means an identifier that is reasonably linkable to an individual, household, or device used by an individual or household, including a device identifier, an Internet Protocol address, cookies, beacons, pixel tags, mobile ad identifiers, or similar technology, customer number, unique pseudonym, or user alias, telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular individual, a household, or a device. (28) Widely distributed media The term widely distributed media means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis, but does not include an obscene visual depiction as defined in section 1460 of title 18, United States Code. 3. Effective date This Act shall take effect on the date that is 180 days after the date of enactment of this Act. I Data privacy rights 101. Duty of loyalty (a) In general A covered entity shall not— (1) engage in a deceptive data practice or a harmful data practice; or (2) process or transfer covered data in a manner that violates any provision of this Act. (b) Definitions (1) Deceptive data practice The term deceptive data practice means an act or practice involving the processing or transfer of covered data in a manner that constitutes a deceptive act or practice in violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ). (2) Harmful data practice The term harmful data practice means the processing or transfer of covered data in a manner that causes or is likely to cause any of the following: (A) Financial, physical, or reputational injury to an individual. (B) Physical or other offensive intrusion upon the solitude or seclusion of an individual or the individual’s private affairs or concerns, where such intrusion would be offensive to a reasonable person. (C) Other substantial injury to an individual. 102. Right to access and transparency (a) Right to access A covered entity, upon the verified request of an individual, shall provide the individual, in a human-readable format that a reasonable individual can understand, with— (1) a copy or accurate representation of the covered data of the individual processed or transferred by the covered entity; and (2) the name of any third party to whom covered data of the individual has been transferred by the covered entity and a description of the purpose for which the entity transferred such data to such third party. (b) Right to transparency A covered entity shall make publicly and persistently available, in a conspicuous and readily accessible manner, a privacy policy that provides a detailed and accurate representation of the entity’s data processing and data transfer activities. Such privacy policy shall include, at a minimum— (1) the identity and the contact information of the covered entity, including the contact information for the covered entity’s representative for privacy and data security inquiries; (2) each category of data the covered entity collects and the processing purposes for which such data is collected; (3) whether the covered entity transfers covered data and, if so— (A) each category of service provider and third party to which the covered entity transfers covered data and the purposes for which such data is transferred to such categories; and (B) the identity of each third party to which the covered entity transfers covered data and the purposes for which such data is transferred to such third party, except for transfers to governmental entities pursuant to a court order or law that prohibits the covered entity from disclosing such transfer; (4) how long covered data processed by the covered entity will be retained by the covered entity and a description of the covered entity’s data minimization policies; (5) how individuals can exercise the individual rights described in this title; (6) a description of the covered entity’s data security policies; and (7) the effective date of the privacy policy. (c) Languages A covered entity shall make the privacy policy required under this section available to the public in all of the languages in which the covered entity provides a product or service or carries out any other activities to which the privacy policy relates. (d) Right To consent to material changes A covered entity shall not make a material change to its privacy policy or practices with respect to previously collected covered data that would weaken the privacy protections applicable to such data without first obtaining prior affirmative express consent from the individuals affected. The covered entity shall provide direct notification, where possible, regarding material changes to affected individuals, taking into account available technology and the nature of the relationship. 103. Right to delete A covered entity, upon the verified request of an individual, shall— (1) delete, or allow the individual to delete, any information in the covered data of the individual that is processed by the covered entity; and (2) inform any service provider or third party to which the covered entity transferred such data of the individual’s deletion request. 104. Right to correct inaccuracies A covered entity, upon the verified request of an individual, shall— (1) correct, or allow the individual to correct, inaccurate or incomplete information in the covered data of the individual that is processed by the covered entity; and (2) inform any service provider or third party to which the covered entity transferred such data of the corrected information. 105. Right to controls (a) Right to data portability A covered entity, upon the verified request of an individual, shall export the individual’s covered data, except for derived data, without licensing restrictions— (1) in a human-readable format that allows the individual to understand such covered data of the individual; and (2) in a structured, interoperable, and machine-readable format that includes all covered data or other information that the covered entity collected to the extent feasible. (b) Right To opt out of transfers (1) In general A covered entity— (A) shall not transfer an individual’s covered data to a third party if the individual objects to the transfer; and (B) shall allow an individual to object to the covered entity transferring covered data of the individual to a third party through a process established under the rule issued by the Commission pursuant to paragraph (2). (2) Rulemaking (A) In general Not later than 18 months after the date of enactment of this Act, the Commission shall issue a rule under section 553 of title 5, United States Code, establishing one or more acceptable processes for covered entities to follow in allowing individuals to opt out of transfers of covered data. (B) Requirements The processes established by the Commission pursuant to this subparagraph shall— (i) be centralized, to the extent feasible, to minimize the number of opt-out designations of a similar type that a consumer must make; (ii) include clear and conspicuous opt-out notices and consumer friendly mechanisms to allow an individual to opt out of transfers of covered data; (iii) allow an individual that objects to a transfer of covered data to view the status of such objection; (iv) allow an individual that objects to a transfer of covered data to change the status of such objection; (v) be privacy protective; and (vi) be informed by the Commission’s experience developing and implementing the National Do Not Call Registry. (c) Sensitive data A covered entity— (1) shall not process the sensitive covered data of an individual without the individual’s prior, affirmative express consent; (2) shall not transfer the sensitive covered data of an individual without the individual’s prior, affirmative express consent; (3) shall provide an individual with a consumer-friendly means to withdraw affirmative express consent to process the sensitive covered data of the individual; and (4) is not required to obtain prior, affirmative express consent to process or transfer publicly available information. 106. Right to data minimization A covered entity shall not process or transfer covered data beyond what is reasonably necessary, proportionate, and limited— (1) to carry out the specific processing purposes and transfers described in the privacy policy made available by the covered entity as required under section 102; (2) to carry out a specific processing purpose or transfer for which the covered entity has obtained affirmative express consent; or (3) for a purpose specifically permitted under subsection (d) of section 110. Covered data processing and transfers consistent with this section shall not supersede any other provision of this Act. 107. Right to data security (a) In general A covered entity shall establish, implement, and maintain reasonable data security practices to protect the confidentiality, integrity, and accessibility of covered data. Such data security practices shall be appropriate to the volume and nature of the covered data at issue. (b) Specific requirements Data security practices required under subsection (a) shall include, at a minimum, the following: (1) Assess vulnerabilities Identifying and assessing any reasonably foreseeable risks to, and vulnerabilities in, each system maintained by the covered entity that processes or transfers covered data, including unauthorized access to or risks to covered data, human vulnerabilities, access rights, and use of service providers. Such activities shall include a plan to receive and respond to unsolicited reports of vulnerabilities by entities and individuals. (2) Preventive and correction action Taking preventive and corrective action to mitigate any risks or vulnerabilities to covered data identified by the covered entity, which may include implementing administrative, technical, or physical safeguards or changes to data security practices or the architecture, installation, or implementation of network or operating software. (3) Information retention and disposal Disposing covered data that is required to be deleted or is no longer necessary for the purpose for which the data was collected unless an individual has provided affirmative express consent to such retention. Such process shall include destroying, permanently erasing, or otherwise modifying the covered data to make such data permanently unreadable or indecipherable and unrecoverable and data hygiene practices to ensure ongoing compliance with this subsection. (4) Training Training all employees with access to covered data on how to safeguard covered data and protect individual privacy and updating that training as necessary. (c) Training guidelines Not later than 1 year after the date of enactment of this Act, the Commission, in conjunction with the National Institute of Standards and Technology, shall publish guidance for covered entities on how to provide effective data security and privacy training as described in subsection (b)(4). 108. Civil rights (a) Protections (1) In general A covered entity shall not process or transfer covered data on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability— (A) for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for a housing, employment, credit, or education opportunity, in a manner that unlawfully discriminates against or otherwise makes the opportunity unavailable to the individual or class of individuals; or (B) in a manner that unlawfully segregates, discriminates against, or otherwise makes unavailable to the individual or class of individuals the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. (2) Exception Nothing in this section shall limit a covered entity from processing covered data for legitimate internal testing for the purpose of preventing unlawful discrimination or otherwise determining the extent or effectiveness of the covered entity’s compliance with this Act. (3) FTC advisory opinions A covered entity may request advice from the Commission concerning the covered entity’s potential compliance with this subsection, in accordance with the Commission’s rules of practice on advisory opinions. (b) Algorithmic decision-Making impact assessment (1) Impact assessment Notwithstanding any other provision of law, a covered entity engaged in algorithmic decision-making, or in assisting others in algorithmic decision-making for the purpose of processing or transferring covered data, solely or in part to make or facilitate advertising for housing, education, employment or credit opportunities, or an eligibility determination for housing, education, employment or credit opportunities or determining access to, or restrictions on the use of, any place of public accommodation, must annually conduct an impact assessment of such algorithmic decision-making that— (A) describes and evaluates the development of the covered entity’s algorithmic decision-making processes including the design and training data used to develop the algorithmic decision-making process, how the algorithmic decision-making process was tested for accuracy, fairness, bias and discrimination; and (B) assesses whether the algorithmic decision-making system produces discriminatory results on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability. (2) External, independent auditor or researcher A covered entity may utilize an external, independent auditor or researcher to conduct such assessments. (3) Availability The covered entity— (A) shall make the impact assessment available to the Commission upon request; and (B) may make the impact assessment public. A covered entity may redact and segregate trade secrets as defined by section 1839 of title 18, United States Code, from public disclosure under this subsection. (4) Study Not later than 3 years after the date of enactment of this Act, the Commission shall publish a report containing the results of a study, using the Commission’s authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), examining the use of algorithms for the purposes described in this subsection. Not later than 3 years after the publication of the initial report, and as necessary thereafter, the Commission shall publish a new and updated version of such report. 109. Prohibition on waiver of rights A covered entity shall not condition the provision of a service or product to an individual on the individual’s agreement to waive privacy rights guaranteed by— (1) sections 101, 105(a), and 106 through 109 of this Act; and (2) sections 102 through 104, and 105(b) and (c) of this Act, except in the case where— (A) there exists a direct relationship between the individual and the covered entity initiated by the individual; (B) the provision of the service or product requested by the individual requires the processing or transferring of the specific covered data of the individual and the covered data is strictly necessary to provide the service or product; and (C) an individual provides affirmative express consent to such specific limitations. 110. Limitations and applicability (a) Verification of requests (1) In general A covered entity shall not permit an individual to exercise a right described in sections 102 through 105(a) if— (A) the covered entity cannot reasonably verify that the individual making the request to exercise the right is the individual whose covered data is the subject of the request or an individual authorized to make such a request on the individual’s behalf; or (B) the covered entity reasonably believes that the request is made to interfere with a contract between the covered entity and another individual. (2) Additional information If a covered entity cannot reasonably verify that a request to exercise a right described in sections 102 through 105(a) is made by the individual whose covered data is the subject of the request (or an individual authorized to make such a request on the individual’s behalf), the covered entity shall request the provision of additional information necessary for the sole purpose of verifying the identity of the individual and shall not process or transfer such additional information for any other purpose. (3) Burden minimization A covered entity shall minimize the inconvenience to consumers relating to the verification or authentication of requests. (b) Cost of access A covered entity shall carry out the rights described in sections 102 through 105(a) free of charge. (c) Exceptions to sections 102 through 105 (b) A covered entity may decline to comply with an individual’s request to exercise a right described in sections 102 through 105(b) if— (1) complying with the request would be demonstrably impossible (for purposes of this paragraph, the receipt of a large number of verified requests, on its own, shall not be considered to render compliance with a request demonstrably impossible); (2) complying with the request would prevent the covered entity from carrying out internal audits, performing accounting functions, processing refunds, or fulfilling warranty claims, provided that the covered data that is the subject of the request is not processed or transferred for any purpose other than such specific activities; (3) the request is made to correct or delete publicly available information, and then only to the extent the data is publicly available information; (4) complying with the request would impair the publication of newsworthy information of legitimate public concern to the public by a covered entity, or the processing or transfer of information by a covered entity for such purpose; (5) complying with the request would impair the privacy of another individual or the rights of another to exercise free speech; or (6) the covered entity processes or will process the data subject to the request for a specific purpose described in subsection (d) of this section, and complying with the request would prevent the covered entity from using such data for such specific purpose. (d) Exceptions to affirmative express consent (1) In general A covered entity may process or transfer covered data without the individual’s affirmative express consent for any of the following purposes, provided that the processing or transfer is reasonably necessary, proportionate, and limited to such purpose: (A) To complete a transaction or fulfill an order or service specifically requested by an individual, such as billing, shipping, or accounting. (B) To perform system maintenance, debug systems, or repair errors to ensure the functionality of a product or service provided by the covered entity. (C) To detect or respond to a security incident, provide a secure environment, or maintain the safety of a product or service. (D) To protect against malicious, deceptive, fraudulent, or illegal activity. (E) To comply with a legal obligation or the establishment, exercise, or defense of legal claims. (F) To prevent an individual from suffering harm where the covered entity believes in good faith that the individual is in danger of suffering death or serious physical injury. (G) To effectuate a product recall pursuant to Federal or State law. (H) To conduct scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board or a similar oversight entity that meets standards promulgated by the Commission pursuant to section 553 of title 5, United States Code. (2) Biometric information Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations pursuant to section 553 of title 5, United States Code, identifying privacy protective requirements for the processing of biometric information for a purpose described in subparagraph (C) or (D) of paragraph (1). Such regulations shall include— (A) strict data processing limitations, including a prohibition on the processing of biometric information unless the covered entity has a reasonable suspicion, after a specific criminal incident involving the covered entity, that the individual may engage in criminal activity; (B) strict data transfer limitations, including a prohibition on the transfer of biometric information to a third party other than to comply with a legal obligation or to establish, exercise, or defend a legal claim; and (C) strict transparency obligations, including requiring disclosures in a conspicuous and readily accessible manner regarding specific data processing and transfer activities. (e) Journalism exception Nothing in this title shall apply to the publication of newsworthy information of legitimate public concern to the public by a covered entity, or to the processing or transfer of information by a covered entity for that purpose. (f) Applicability of other data privacy requirements A covered entity that is required to comply with title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ), the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 et seq. ), part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ), the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), the Family Educational Rights and Privacy Act ( 20 U.S.C. 1232g ; part 99 of title 34, Code of Federal Regulations), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), and is in compliance with the data privacy requirements of such regulations, part, title, or Act (as applicable), shall be deemed to be in compliance with the related requirements of this title, except for section 107, with respect to data subject to the requirements of such regulations, part, title, or Act. Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance describing the implementation of this subsection. (g) Applicability of other data security requirements A covered entity that is required to comply with title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ), the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 et seq. ), part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), and is in compliance with the information security requirements of such regulations, part, title, or Act (as applicable), shall be deemed to be in compliance with the requirements of section 107 with respect to data subject to the requirements of such regulations, part, title, or Act. Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance describing the implementation of this subsection. (h) In general The Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations necessary to carry out the provisions of this title. II Oversight and responsibility 201. Executive responsibility (a) In general Beginning 1 year after the date of enactment of this Act, the chief executive officer of a covered entity that is a large data holder (or, if the entity does not have a chief executive officer, the highest ranking officer of the entity) and each privacy officer and data security officer of such entity shall annually certify to the Commission, in a manner specified by the Commission, that the entity maintains— (1) adequate internal controls to comply with this Act; and (2) reporting structures to ensure that such certifying officers are involved in, and are responsible for, decisions that impact the entity’s compliance with this Act. (b) Requirements A certification submitted under subsection (a) shall be based on a review of the effectiveness of a covered entity’s internal controls and reporting structures that is conducted by the certifying officers no more than 90 days before the submission of the certification. 202. Privacy and data security officers; comprehensive privacy and data security programs; risk assessments and compliance (a) Privacy and data security officer A covered entity shall designate— (1) 1 or more qualified employees as privacy officers; and (2) 1 or more qualified employees (in addition to any employee designated under paragraph (1)) as data security officers. (b) Comprehensive privacy and data security programs, risk assessments, and compliance An employee who is designated by a covered entity as a privacy officer or a data security officer shall be responsible for, at a minimum— (1) implementing a comprehensive written data privacy program and data security program to safeguard the privacy and security of covered data throughout the life cycle of development and operational practices of the covered entity’s products or services; (2) annually conducting privacy and data security risk assessments, data hygiene, and other quality control practices; and (3) facilitating the covered entity’s ongoing compliance with this Act. 203. Service providers and third parties (a) Service providers A service provider— (1) shall not process service provider data for any processing purpose other than one performed on behalf of, and at the direction of, the covered entity that transferred such data to the service provider, except that a service provider may process data to comply with a legal obligation or the establishment, exercise, or defense of legal claims; (2) shall not transfer service provider data to a third party without the affirmative express consent, obtained by, or on behalf of, the covered entity, of the individual to whom the service provider data is linked or reasonably linkable; (3) shall delete or de-identify service provider data after the agreed upon end of the provision of services; (4) is exempt from the requirements of sections 102(a), 103, 104, and 105(a) with respect to service provider data, but shall, to the extent practicable— (A) assist the covered entity from which it received the service provider data in fulfilling requests made by individuals under such sections; and (B) shall delete, de-identify, or correct (as applicable), any service provider data that is subject to a verified request from an individual described in section 103 or 104; and (5) is exempt from the requirements of section 106 with respect to service provider data, but shall have the same responsibilities and obligations as a covered entity with respect to such data under all other provisions of this Act. (b) Third parties A third party— (1) shall not process third party data for a purpose that is inconsistent with the expectations of a reasonable individual; (2) may reasonably rely on representations made by the covered entity that transferred third party data regarding the expectation of a reasonable individual, provided the third party conducts reasonable due diligence on the representations of the covered entity and finds those representations to be credible; and (3) upon receipt of any third party data, is exempt from the requirements of section 105(c) with respect to such data, but shall have the same responsibilities and obligations as a covered entity with respect to such data under all other provisions of this Act. (c) Additional obligations on covered entities (1) In general A covered entity shall— (A) exercise reasonable due diligence in selecting a service provider and conduct reasonable oversight of its service providers to ensure compliance with the applicable requirements of this section; and (B) exercise reasonable due diligence in deciding to transfer covered data to a third party, and conduct oversight of third parties to which it transfers data to ensure compliance with the applicable requirements of this subsection. (2) Guidance Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance for covered entities regarding compliance with this subsection. (d) In general The Commission shall have authority under section 553 of title 5, United States Code, to promulgate regulations necessary to carry out the provisions of this section. 204. Whistleblower protections (a) In general A covered entity shall not, directly or indirectly, discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual of the covered entity because— (1) the covered individual, or anyone perceived as assisting the covered individual, takes (or the covered entity suspects that the covered individual has taken or will take) a lawful action in providing to the Federal Government or the attorney general of a State information relating to any act or omission that the covered individual reasonably believes to be a violation of this Act or any regulation promulgated under this Act; (2) the covered individual provides information that the covered individual reasonably believes evidences such a violation to— (A) a person with supervisory authority over the covered individual at the covered entity; or (B) another individual working for the covered entity who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; (3) the covered individual testifies (or the covered entity expects that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; or (4) the covered individual assists or participates (or the covered entity expects that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding, or the covered individual takes any other action to assist in carrying out the purposes of this Act. (b) Enforcement An individual who alleges discharge or other discrimination in violation of subsection (a) may bring an action governed by the rules, procedures, statute of limitations, and legal burdens of proof in section 42121(b) of title 49, United States Code. If the individual has not received a decision within 180 days and there is no showing that such delay is due to the bad faith of the claimant, the individual may bring an action for a jury trial, governed by the burden of proof in section 42121(b) of title 49, United States Code, in the appropriate district court of the United States for the following relief: (1) Temporary relief while the case is pending. (2) Reinstatement with the same seniority status that the individual would have had, but for the discharge or discrimination. (3) Three times the amount of back pay otherwise owed to the individual, with interest. (4) Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees. (c) Waiver of rights and remedies The rights and remedies provided for in this section shall not be waived by any policy form or condition of employment, including by a predispute arbitration agreement. (d) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. (e) Covered Individual defined In this section, the term covered individual means an applicant, current or former employee, contractor, subcontractor, grantee, or agent of an employer. 205. Digital content forgeries (a) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the National Institute of Standards and Technology shall publish a report regarding digital content forgeries. (b) Requirements Each report under subsection (a) shall include the following: (1) A definition of digital content forgeries along with accompanying explanatory materials. The definition developed pursuant to this section shall not supersede any other provision of law or be construed to limit the authority of any executive agency related to digital content forgeries. (2) A description of the common sources in the United States of digital content forgeries and commercial sources of digital content forgery technologies. (3) An assessment of the uses, applications, and harms of digital content forgeries. (4) An analysis of the methods and standards available to identify digital content forgeries as well as a description of the commercial technological counter-measures that are, or could be, used to address concerns with digital content forgeries, which may include the provision of warnings to viewers of suspect content. (5) A description of the types of digital content forgeries, including those used to commit fraud, cause harm or violate any provision of law. (6) Any other information determined appropriate by the Director. III Miscellaneous 301. Enforcement, civil penalties, and applicability (a) Enforcement by the Federal Trade Commission (1) New bureau (A) In general The Commission shall establish a new Bureau within the Commission comparable in structure, size, organization, and authority to the existing Bureaus with the Commission related to consumer protection and competition. (B) Mission The mission of the Bureau established under this paragraph shall be to assist the Commission in exercising the Commission’s authority under this Act and under other Federal laws addressing privacy, data security, and related issues. (C) Timeline Such Bureau shall be established, staffed, and fully operational within 2 years of enactment of this Act. (2) Treatment as violation of rule 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) ). (3) Powers of Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. (B) Privileges and immunities Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Independent litigation authority The Commission may commence, defend, or intervene in, and supervise the litigation of any civil action under this subsection (including an action to collect a civil penalty) and any appeal of such action in its own name by any of its attorneys designated by it for such purpose. The Commission shall notify the Attorney General of any such action and may consult with the Attorney General with respect to any such action or request the Attorney General on behalf of the Commission to commence, defend, or intervene in any such action. (4) Data privacy and security relief fund (A) Establishment of relief fund There is established in the Treasury of the United States a separate fund to be known as the Data Privacy and Security Relief Fund (referred to in this paragraph as the Relief Fund ). (B) Deposits (i) Deposits from the commission The Commission shall deposit into the Relief Fund the amount of any civil penalty obtained against any covered entity in any judicial or administrative action the Commission commences to enforce this Act or a regulation promulgated under this Act. (ii) Deposits from the attorney general The Attorney General of the United States shall deposit into the Relief Fund the amount of any civil penalty obtained against any covered entity in any judicial or administrative action the Attorney General commences on behalf of the Commission to enforce this Act or a regulation promulgated under this Act. (C) Use of fund amounts Notwithstanding section 3302 of title 31, United States Code, amounts in the Relief Fund shall be available to the Commission, without fiscal year limitation, to provide redress, payments or compensation, or other monetary relief to individuals affected by an act or practice for which civil penalties have been obtained under this Act. To the extent that individuals cannot be located or such redress, payments or compensation, or other monetary relief are otherwise not practicable, the Commission may use such funds for the purpose of consumer or business education relating to data privacy and security or for the purpose of engaging in technological research that the Commission considers necessary to enforce this Act. (D) Amounts not subject to apportionment Notwithstanding any other provision of law, amounts in the Relief Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. (b) Enforcement by State attorneys general (1) Civil action In any case in which the attorney general of a State or a consumer protection officer of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by the engagement of any covered entity in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State, or a consumer protection officer of the State acting on behalf of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (A) enjoin that act or practice; (B) enforce compliance with this Act or the regulation; (C) obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice to the commission and rights of the commission Except where not feasible, the State shall notify the Commission in writing prior to initiating a civil action under paragraph (1). Such notice shall include a copy of the complaint to be filed to initiate such action. If prior notice is not practicable, the State shall provide a copy of the complaint to the Commission immediately upon instituting the action. Upon receiving such notice, the Commission may intervene in such action and, upon intervening— (A) be heard on all matters arising in such action; and (B) file petitions for appeal of a decision in such action. (3) Preservation of State powers No provision of this section shall be construed as altering, limiting, or affecting the authority of a State attorney general or a consumer protection officer of a State to— (A) bring an action or other regulatory proceeding arising solely under the law in effect in that State; or (B) exercise the powers conferred on the attorney general or on a consumer protection officer of a State by the laws of the State, including the ability to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (c) Enforcement by individuals (1) In general Any individual alleging a violation of this Act or a regulation promulgated under this Act may bring a civil action in any court of competent jurisdiction, State or Federal. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) an amount not less than $100 and not greater than $1,000 per violation per day or actual damages, whichever is greater; (B) punitive damages; (C) reasonable attorney’s fees and litigation costs; and (D) any other relief, including equitable or declaratory relief, that the court determines appropriate. (3) Injury in fact A violation of this Act or a regulation promulgated under this Act with respect to the covered data of an individual constitutes a concrete and particularized injury in fact to that individual. (d) Invalidity of pre-Dispute arbitration agreements and pre-Dispute joint action waivers (1) In general Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with respect to a privacy or data security dispute arising under this Act. (2) Applicability Any determination as to whether or how this subsection applies to any privacy or data security dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (3) Definitions For purposes of this subsection: (A) The term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement. (B) The term pre-dispute joint-action waiver means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. (C) The term privacy or data security dispute means any claim relating to an alleged violation of this Act, or a regulation promulgated under this Act, and between an individual and a covered entity. 302. Relationship to Federal and State laws (a) Federal law preservation Nothing in this Act or a regulation promulgated under this Act shall be construed to limit— (1) the authority of the Commission, or any other Executive agency, under any other provision of law; or (2) any other provision of Federal law unless as specifically authorized by this Act. (b) State law preservation Nothing in this Act shall be construed to preempt, displace, or supplant the following State laws, rules, regulations, or requirements: (1) Consumer protection laws of general applicability such as laws regulating deceptive, unfair, or unconscionable practices. (2) Civil rights laws. (3) Laws that govern the privacy rights or other protections of employees, employee information, or students or student information. (4) Laws that address notification requirements in the event of a data breach. (5) Contract or tort law. (6) Criminal laws governing fraud, theft, unauthorized access to information or unauthorized use of information, malicious behavior, and similar provisions, and laws of criminal procedure. (7) Laws specifying remedies or a cause of action to individuals. (8) Public safety or sector specific laws unrelated to privacy or security. (c) Preemption of directly conflicting State laws Except as provided in subsections (b) and (d), this Act shall supersede any State law to the extent such law directly conflicts with the provisions of this Act, or a standard, rule, or regulation promulgated under this Act, and then only to the extent of such direct conflict. Any State law, rule, or regulation shall not be considered in direct conflict if it affords a greater level of protection to individuals protected under this Act. (d) Preservation of common law or statutory causes of action for civil relief Nothing in this Act, nor any amendment, standard, rule, requirement, assessment, law or regulation promulgated under this Act, shall be construed to preempt, displace, or supplant any Federal or State common law rights or remedies, or any statute creating a remedy for civil relief, including any cause of action for personal injury, wrongful death, property damage, or other financial, physical, reputational, or psychological injury based in negligence, strict liability, products liability, failure to warn, an objectively offensive intrusion into the private affairs or concerns of the individual, or any other legal theory of liability under any Federal or State common law, or any State statutory law. 303. Severability If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. 304. Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3195is/xml/BILLS-117s3195is.xml |
117-s-3196 | II 117th CONGRESS 1st Session S. 3196 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Wicker (for himself, Mrs. Gillibrand , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance the policies, procedures, and training for midshipmen at the United States Merchant Marine Academy, and for other purposes.
1. Short title This Act may be cited as the Improving Protections for Midshipmen Act . 2. Suspension or revocation of merchant mariner credentials for perpetrators of sexual harassment or sexual assault (a) In general Chapter 77 of title 46, United States Code, is amended— (1) in section 7701(b), by striking section 7703 and inserting section 7703, 7704, or 7704a, ; and (2) by inserting after section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued under this part, within 10 years before the beginning of the proceedings, is the subject of a claim, that is— (1) a claim of— (A) sexual harassment as defined in section 1561(e)(1) of title 10; or (B) sexual assault as described by section 920 of title 10 (article 120 of the Uniform Code of Military Justice); and (2) substantiated, meaning that either— (A) the employer of the accused determines that it is more likely than not that the harassment or assault has taken place; or (B) a finding by any Federal, State, local, or Tribal administrative or legal proceeding that the harassment or assault has taken place, the license, certificate, or document shall be suspended or revoked. . (b) Clerical amendment The table of sections of chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following: 7704a. Sexual harassment or sexual assault as grounds for suspension or revocation. . 3. Supporting the United States Merchant Marine Academy (a) In general Chapter 513 of title 46, United States Code, is amended by adding at the end the following: 51323. Sexual assault and sexual harassment prevention information management system (a) Information management system Not later than January 1, 2023, the Maritime Administrator shall establish an information management system— (1) to track and maintain— (A) the overall number of sexual assault or sexual harassment incidents per fiscal year at the United States Merchant Marine Academy; (B) the location of each such incident; (C) the names and ranks of the individuals involved in each such incident; (D) the general nature of each such incident; (E) the type of inquiry made into each such incident; (F) a determination as to whether each such incident is substantiated; and (G) any accountability taken for misconduct related to the incident; and (2) that is maintained in a secure fashion and ensures the protection of privacy for any individuals involved in such incidents. (b) Sea Year program The Maritime Administrator shall provide for the establishment of in-person and virtual confidential exit interviews for midshipmen from the Academy upon completion of Sea Year and following completion by the midshipmen of the survey under section 51322(d). 51324. Sexual assault advisory council (a) Establishment The Secretary of Transportation shall establish a Sexual Assault Advisory Council (in this section referred to as the Council ). (b) Membership The Council shall be composed of not fewer than eight and not more than 14 individuals selected by the President who are alumni or current midshipmen of the United States Merchant Marine Academy (including midshipmen or alumni who were victims of sexual assault and midshipmen or alumni who were not victims of sexual assault) and governmental and nongovernmental experts and professionals in the sexual assault field. At least one member shall be licensed in the field of mental health and have prior experience working as a counselor or therapist providing mental health care to survivors of sexual assault in a victim services agency or organization. No employee of the Department of Transportation shall be a member of the Council. The number of governmental experts appointed to the Council shall not exceed the number of nongovernmental experts. (c) Functions; meetings The Council shall meet not less often than annually to review the policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking under section 51318, and such other matters related to sexual assault and sexual harassment the Council views as appropriate, to ensure that such policy and such matters conform to the extent practicable to best practices in the sexual assault field. To carry out this subsection, the Council may conduct case reviews and have access, including through interviews, to current and former midshipmen of the United States Merchant Marine Academy (to the extent that such midshipmen provide the Department of Transportation express consent to be interviewed by the Council), to Sea Year surveys under section 51323(b), to all data collected from restricted reporting, and to any other information necessary to conduct such case reviews, except that the Council may not have access to any personally identifying information associated with such interviews, surveys, data, or information. (d) Reports On an annual basis for each of the 5 years after the date of enactment of this section, and at the discretion of the Council thereafter, the Council shall submit, to the President and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on its findings based on the reviews conducted pursuant to subsection (c). (e) Employee status Members of the Council shall not be considered employees of the United States Government for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. (f) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. (g) Sunset This section shall cease to be effective on the date that is 10 years after the date of enactment of this section. 51325. Diversity and inclusion action plan (a) In general Not later than January 1, 2023, the Maritime Administrator shall promulgate a Diversity and Inclusion Action Plan for the United States Merchant Marine Academy (referred to in this section as the Plan ). The Plan shall— (1) increase recruiting efforts in historically underrepresented communities, including through partnerships with historically black colleges and universities and maritime centers of excellence designated under section 51706; (2) promulgate and make available a set of resources to— (A) establish responsibilities for midshipmen, faculty, and staff of the Academy with respect to diversity and inclusion; (B) create standards of— (i) training that require interpersonal dialogue on diversity and inclusion; (ii) setting behavioral boundaries with others; and (iii) specific processes for the reporting and documentation of misconduct related to hazing, bullying, hate, and harassment; (C) hold leaders and other individuals at the Academy accountable for violations of such standards; (D) equip midshipmen, faculty, and staff of the Academy with the resources and materials to promote a diverse and inclusive working environment; and (E) address how concepts of diversity and inclusion can be integrated into the curriculum and training of the Academy; (3) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing— (A) the inclusiveness of the environment of the Academy; and (B) the effectiveness of the Plan; and (4) require an annual survey of faculty and staff of the Academy assessing the inclusiveness of the environment of the Sea Year program. (b) Report to Congress Not later than 30 days after the date of enactment of this section, the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this section. . (b) Conforming amendments The chapter analysis for chapter 513 of title 46, United States Code, is amended by adding at the end the following: 51323. Sexual assault and sexual harassment prevention information management system 51324. Sexual assault advisory council 51325. Diversity and inclusion action plan . (c) United States Merchant Marine Academy student support plan (1) Student support plan Not later than January 1, 2023, the Maritime Administrator shall promulgate a Student Support Plan for the United States Merchant Marine Academy. Such plan shall— (A) address the mental health resources available to midshipmen, both on-campus and during Sea Year; (B) establish a tracking system for suicidal ideations and suicide attempts; (C) create an option for midshipmen to obtain assistance from a professional care provider virtually; and (D) require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the Academy, both on campus and during Sea Year. (2) Report to Congress Not later than 30 days after the date of enactment of this Act, the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this subsection. 4. Special victims counsel Section 51319 of title 46, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Special victims counsel The Secretary shall designate legal counsel (to be known as Special Victims’ Counsel ) for the purpose of providing legal assistance to any cadet of the Academy who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted. ; and (3) by adding at the end the following: (e) Unfilled vacancies In the event of an unfilled vacancy for any position under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling such position. . 5. Catch a Serial Offender assessment Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard, in consultation with the Maritime Administrator, shall conduct an assessment of the feasibility and process necessary to implement a program for the United States Merchant Marine Academy and United States Merchant Marine modeled off of the Catch a Serial Offender program of the Department of Defense using the information management system required under subsection (a) of section 51323 of title 46, United States Code, and the exit interviews under subsection (b) of such section. 6. Shipboard training Section 51322(a) of title 46, United States Code, is amended by adding at the end the following: (3) Training (A) In general As part of training provided to all midshipmen of the Academy, the Maritime Administrator shall develop and implement comprehensive in-person sexual assault risk-reduction and response training that, to the extent practicable, conforms to best practices in the sexual assault field and includes appropriate scenario-based training. (B) Development and consultation with experts In developing the sexual assault risk-reduction and response training under subparagraph (A), the Maritime Administrator shall consult with and incorporate, as appropriate, the recommendations and views of experts in the sexual assault field. . 7. United States maritime transportation system workforce diversity and inclusion task force Section 55501 of title 46, United States Code, is amended by adding at the end the following: (g) Maritime transportation system diversity and inclusion task force (1) In general Not later than 120 days after the date of enactment of this subsection, the Secretary of Transportation shall establish within the Committee a task force to provide an interagency forum for the identification, discussion, and sharing of tools and practices that promote diversity and inclusiveness within the maritime transportation system workforce. (2) Responsibilities The task force established under this subsection shall share best practices with the Committee toward enhancing representation in the maritime transportation system workforce. (3) Diversity and inclusion action plan Not later than January 1, 2023, the Secretary of Transportation shall promulgate a Diversity and Inclusion Action Plan for the maritime transportation system workforce. Such plan shall establish measurable parameters to assess recruiting, retention, training, and support for women and historically underrepresented racial and ethnic minorities within the United States maritime community. . | https://www.govinfo.gov/content/pkg/BILLS-117s3196is/xml/BILLS-117s3196is.xml |
117-s-3197 | II 117th CONGRESS 1st Session S. 3197 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Klobuchar (for herself and Mr. Cotton ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote competition and economic opportunity in digital markets by establishing that certain acquisitions by dominant online platforms are unlawful.
1. Short title This Act may be cited as the Platform Competition and Opportunity Act of 2021 . 2. Unlawful acquisitions (a) Violation It shall be unlawful for a covered platform operator to acquire directly or indirectly— (1) the whole or any part of the stock or other share capital of another person engaged in commerce or in any activity affecting commerce; or (2) the whole or any part of the assets of another person engaged in commerce or in any activity affecting commerce. (b) Exclusion An acquisition shall not be unlawful under subsection (a) if the acquiring covered platform operator demonstrates by clear and convincing evidence that— (1) the acquisition is a transaction that is described in section 7A(c) of the Clayton Act; (2) the acquired stock, other share capital, or assets are valued at less than $50,000,000; or (3) the acquired assets or the issuer of the acquired stock do not— (A) compete with the covered platform or covered platform operator for the sale or provision of any product or service; (B) constitute nascent or potential competition to the covered platform or covered platform operator for the sale or provision of any product or service; (C) enhance or increase the covered platform’s or covered platform operator’s market position with respect to the sale or provision of any product or service offered on or directly related to the covered platform; and (D) enhance or increase the covered platform’s or covered platform operator’s ability to maintain its market position with respect to the sale or provision of any product or service offered on or directly related to the covered platform. (c) User attention For purposes of this Act, competition, nascent competition, or potential competition for the sale or provision of any product or service includes competition for a user’s attention. (d) Role of Data For purposes of this Act, an acquisition that results in access to additional data may, without more— (1) enhance or increase the market position of a covered platform or covered platform operator; or (2) enhance or increase the ability of a covered platform or covered platform operator to maintain its market position. 3. Definitions (a) 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 ). (b) Commission The term Commission means the Federal Trade Commission. (c) Control The term control with respect to a person means— (1) holding 25 percent or more of the stock of the person; (2) having the right to 25 percent or more of the profits of the person; (3) having the right to 25 percent or more of the assets of the person, in the event of the person’s dissolution; (4) if the person is a corporation, having the power to designate 25 percent or more of the directors of the person; (5) if the person is a trust, having the power to designate 25 percent or more of the trustees; or (6) otherwise exercises substantial control over the person. (d) Covered platform The term covered platform means an online platform— (1) that has been designated as a covered platform under section 4(a); or (2) that— (A) at any point during the 12 months preceding a designation under section 4(a) 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 operator; or (ii) has at least 100,000 United States-based monthly active business users on the online platform; (B) as of the date of enactment of this Act, was owned or controlled by a person with United States net annual sales of $600,000,000,000 in the prior calendar year or with a market capitalization of greater than $600,000,000,000, as measured by the simple average of the closing price per share of the common stock issued by the person for the trading days in the 180-day period ending on the date of enactment of this Act; and (C) is a critical trading partner for the sale or provision of any product or service offered on or directly related to the online platform. (e) Covered platform operator The term covered platform operator means a person that owns or controls a covered platform. (f) Critical trading partner The term critical trading partner means a person that— (1) owns or controls an online platform; and (2) has the ability to restrict or 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. (g) Business user The term business user means a person that utilizes or plans to utilize the covered platform for the sale or provision of products or services. (h) Online platform The term online platform means a website, online or mobile application, mobile operating system, digital assistant, or online service that— (1) 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; (2) 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 (3) enables user searches or queries that access or display a large volume of information. (i) 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 ). (j) 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. 4. Implementation (a) Covered platform designation (1) The Federal Trade Commission or Department of Justice shall designate whether an entity is a covered platform for the purpose of implementing and enforcing this Act. Such designation shall— (A) be based on a finding that the criteria set forth in section 3(d)(2)(A)–(C) are met; (B) be issued in writing and published in the Federal Register; and (C) apply for 10 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 (b). (b) Removal of covered platform designation The Commission or the Department of Justice shall— (1) consider whether its designation of a covered platform under subsection (a) should be removed prior to the expiration of the 10-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 section 3(d)(2)(A)–(C); (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). 5. Enforcement (a) In General Except as otherwise provided in this Act— (1) 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; (2) 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 (3) 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. (b) 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 ). (c) 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. (d) 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. (e) Injunctive relief 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. (f) Remedies Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy available under Federal or State law. 6. 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, with the goal of promoting transparency and deterring 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. 7. Suits by persons injured (a) In general Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in this Act may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only— (1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith; (2) whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and (3) whether such person or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (b) Amount of Damages Payable to Foreign States and Instrumentalities of Foreign States (1) Except as provided in paragraph (2), any person who is a foreign state may not recover under subsection (a) an amount in excess of the actual damages sustained by it and the cost of suit, including a reasonable attorney’s fee. (2) Paragraph (1) shall not apply to a foreign state if— (A) such foreign state would be denied, under section 1605(a)(2) of title 28, United States Code, immunity in a case in which the action is based upon a commercial activity, or an act, that is the subject matter of its claim under this section; (B) such foreign state waives all defenses based upon or arising out of its status as a foreign state, to any claims brought against it in the same action; (C) such foreign state engages primarily in commercial activities; and (D) such foreign state does not function, with respect to the commercial activity, or the act, that is the subject matter of its claim under this section as a procurement entity for itself or for another foreign state. (c) Injunctive relief Any person shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided , That nothing herein contained shall be construed to entitle any person, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff. 8. Judicial review (a) In general Any party that is subject to a covered platform designation under section 4(a) of this Act, a decision in response to a request to remove a covered platform designation under section 4(b) of this Act, a final order issued in any district court 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 4(a) of this Act, a decision in response to a request to remove a covered platform designation under section 4(b) 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. 9. Rules of construction 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. 10. 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-117s3197is/xml/BILLS-117s3197is.xml |
117-s-3198 | II 117th CONGRESS 1st Session S. 3198 IN THE SENATE OF THE UNITED STATES November 4, 2021 Ms. Smith (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To direct the Securities and Exchange Commission to revise any rules necessary to enable issuers of index-linked annuities to register on a form tailored specifically to registered index-linked annuities, and for other purposes.
1. Short title This Act may be cited as the Registration for Index-Linked Annuities Act . 2. Parity for registered index-linked annuities regarding registration rules (a) Definitions In this section: (1) Commission The term Commission means the Securities and Exchange Commission. (2) Investment company The term investment company has the meaning given the term in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ). (3) Market value adjustment The term market value adjustment means, with respect to a registered index-linked annuity— (A) an adjustment to the value of that annuity based on calculations using a predetermined formula; or (B) a change in interest rates (or other factor, as determined by the Commission) that applies to that annuity after an early withdrawal or contract discontinuance. (4) Purchaser The term purchaser means a purchaser of a registered index-linked annuity. (5) Registered index-linked annuity The term registered index-linked annuity means an annuity— (A) that is deemed to be a security; (B) that is required to be registered with the Commission; (C) that is issued by an insurance company that is subject to the supervision of the insurance commissioner of the applicable State; (D) that is not issued by an investment company; and (E) the returns of which— (i) are based on the performance of a specified benchmark index or rate; and (ii) may be subject to a market value adjustment if amounts are withdrawn before the end of the period during which that market value adjustment applies. (6) Security The term security has the meaning given the term in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ). (b) Rules (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall propose, and, not later than 18 months after the date of enactment of this Act, the Commission shall prepare and finalize, new or amended rules, as appropriate, to establish a new form in accordance with paragraph (2) on which an issuer of a registered index-linked annuity may register that registered index-linked annuity, subject to conditions the Commission determines appropriate. (2) Design of form In developing the form to be established under paragraph (1), the Commission shall— (A) design the form to ensure that a purchaser using the form receives the information necessary to make knowledgeable decisions, taking into account— (i) the availability of information; (ii) the knowledge and sophistication of that class of purchasers; (iii) the complexity of the registered index-linked annuity; and (iv) any other factor the Commission determines appropriate; (B) engage in investor testing; and (C) incorporate the results of the testing required under subparagraph (B) in the design of the form, with the goal of ensuring that key information is conveyed in terms that a purchaser is able to understand. (c) Treatment if rules not prepared and finalized in a timely manner (1) In general If, as of the date that is 18 months after the date of enactment of this Act, the Commission has failed to prepare and finalize the rules required under subsection (b)(1), any registered index-linked annuity may be registered on the form described in section 239.17b of title 17, Code of Federal Regulations, or any successor regulation. (2) Preparation A registration described in paragraph (1) shall be prepared pursuant to applicable provisions of the form described in that paragraph. (d) Rules of construction Nothing in this section may be construed to— (1) limit the authority of the Commission to determine the information to be requested in the form described in subsection (b); or (2) preempt any State law, regulation, rule, or order. | https://www.govinfo.gov/content/pkg/BILLS-117s3198is/xml/BILLS-117s3198is.xml |
117-s-3199 | II 117th CONGRESS 1st Session S. 3199 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Menendez (for himself, Mr. Risch , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote peace and democracy in Ethiopia, and for other purposes.
1. Short title This Act may be cited as the Ethiopia Peace and Democracy Promotion Act of 2021 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Secretary The term Secretary means the Secretary of State. 3. Findings Congress makes the following findings: (1) The United States and the Federal Democratic Republic of Ethiopia share an important relationship and more than a century of diplomatic relations. (2) Ethiopia is the second most populous country in Africa and plays a key role in advancing security and stability across sub-Saharan Africa, including as a top contributor of uniformed personnel to United Nations peacekeeping missions and as host country to the African Union. (3) Amid proliferating popular protests in 2018, against decades of authoritarian rule, Ethiopia’s governing Ethiopian People’s Revolutionary Democratic Front (EPRDF) selected Abiy Ahmed as Prime Minister, who upon taking office embarked on a program of political and economic reform that was soon encumbered by widespread inter-communal conflict, political assassinations, and democratic backsliding. (4) Tensions between Prime Minister Abiy Ahmed and the leadership of the Tigray People’s Liberation Front (TPLF), who, until 2019, were EPRDF coalition partners, deteriorated significantly throughout 2019–2020, with the EPRDF’s transformation into the Prosperity Party (PP), the Federal Government of Ethiopia’s postponement of the 2020 elections, and the TPLF’s decision to hold elections in Tigray Regional State of Ethiopia despite Federal objections, all serving as major catalysts. (5) In the early hours of November 4, 2020, Prime Minister Abiy ordered a military offensive in response to an attack by the TPLF on the Northern Command of the Ethiopian National Defense Forces (ENDF), which TPLF officials have asserted was an act of self-defense in the face of an imminent invasion by Federal forces. (6) Throughout November 2020, hostilities between the ENDF and forces loyal to the TPLF evolved into a large-scale armed conflict that also involved the Eritrean Defense Forces (EDF) and Amhara regional forces and militia fighting in support of the Federal Government. (7) Despite repeated calls from the United States and its international partners for a full and verifiable Eritrean withdrawal from Ethiopia, which date back to November 2020, Eritrean forces remain in Ethiopia. (8) Fighting between TPLF aligned forces and the ENDF and its allies persists in parts of Tigray, and has spread to Amhara and Afar, and is estimated to have resulted in the deaths of tens of thousands of individuals, prompted more than 61,000 Ethiopians to seek refuge in Sudan, and internally displaced over 2,000,000. (9) The war has disrupted harvests, livelihoods, markets, and banking, and critical public infrastructure was systematically looted and destroyed during the course of the conflict, including health centers and schools, with the majority of the reports implicating the ENDF, the EDF, and allied militia. Supply chains and food were allegedly looted by ENDF, EDF, and allied militia, which collectively contributed to conditions that have resulted in 400,000–900,000 Ethiopians living in famine-like conditions and a further 1,800,000 close to that threshold, according to an analysis issued in June 2021. (10) Interruptions in electricity, internet, and telephone services imposed by the Federal Government of Ethiopia continue to hamper humanitarian relief efforts and enable impunity from armed actors on all sides of the conflict by restricting the flow of information about human rights and humanitarian conditions in the region. (11) Despite repeated assurances from the Federal Government of Ethiopia that it would allow unfettered humanitarian access to Tigray, it continues to impose wide-ranging bureaucratic obstacles that impede the relief efforts of international humanitarian organizations, and encourage and deploy hostile rhetoric toward international humanitarian organizations that endanger the safety and security of their staff on the ground. (12) Twenty-three aid workers have been killed in the course of the conflict in northern Ethiopia, including an aid worker employed by a United States Agency for International Development implementing partner, who was reportedly executed by Ethiopian and Eritrean forces in May 2021, and 3 Doctors Without Borders employees in June 2021, by unknown armed actors. (13) Parties to the conflict in northern Ethiopia have been accused of extra-judicial killings, rape, and ethnic cleansing that may amount to war crimes, crimes against humanity, and genocide. (14) Two Eritrean refugee camps in Tigray, Shimelba and Hitsats, were attacked and destroyed by armed actors in November 2020 through January 2021, and refugees subjected to killings, abductions, and forced returns. (15) As of October 31, 2021, total United States Government humanitarian assistance in fiscal years 2020 and 2021 for the northern Ethiopia crisis response totaled $617,387,662, making it the single largest donor of humanitarian aid to the humanitarian crisis in northern Ethiopia since the conflict began. (16) In July 2021, TPLF aligned forces launched military operations into some occupied portions neighboring Amhara and Afar regions, displacing hundreds of thousands of Amhara and Afar civilians, and giving rise to allegations of serious abuses by Tigrayan forces against civilians in those two regions, as well as against Eritrean refugees residing in the Mai Aini and Adi Harush camps. (17) The TPLF’s July 2021 offensive was followed by reports of escalating abuses against Tigrayan civilians in various parts of Ethiopia and the alleged killing of Tigrayans in Humera, all of which occur within a context of incendiary and ethnicized public statements from Ethiopian officials and media platforms. (18) The Federal Government of Ethiopia responded to TPLF offensives in July through August 2021 by pursuing mass military mobilization, including the mobilization of regional special forces and ethnic militia from various parts of the country, in an effort to thwart and roll back TPLF operations. (19) In August 2021, officials from the TPLF and Oromo Liberation Army (OLA), a rebel group engaged in armed struggle primarily in the Oromia region, publicly confirmed they had entered an alliance designed to coordinate their military operations against the Federal Government of Ethiopia, developments which occurred against the backdrop of TPLF advances in Amhara region and increased OLA activity in Oromia. (20) In September 2021, the Federal Government of Ethiopia announced it was expelling seven senior United Nations officials, and in October 2021 commenced an air offensive on the Tigrayan capital, Mekele, which has further exacerbated the inability of international aid organizations to deliver food. (21) In October, state-owned Ethiopia Television reported that Prime Minister Abiy stated that, [i]f we make sure that this thing called wheat [food aid] does not enter Ethiopia, 70 per cent of Ethiopia's problems will be solved, implying that he may stop the delivery of international food aid altogether. (22) In October 2021, a United Nations Humanitarian Air Services flight that had been cleared by Federal authorities to land in Mekelle to deliver food aid was forced to abort landing due to air raids, threatening the lives of 11 United Nations and non-governmental staff on board. (23) In the wake of military advances by the Tigray Defense Forces in late October 2021, Prime Minister Abiy urged citizens to take up arms to defend themselves, and on November 2, 2021, Ethiopia declared a 6-month state of emergency. (24) On November 3, 2021, the Office of the High Commissioner for Human Rights released the Joint Investigation into Alleged Violations of International Human Rights, Humanitarian and Refugee Law Committed by all Parties to the Conflict in the Tigray Region of the Federal Democratic Republic of Ethiopia, which found that attacks on civilians and civilian objects, as well as indiscriminate attacks by ENDF, EDF, and TSF Tigray Special Forces] in violation of international humanitarian law … may amount to war crimes, and that these groups and affiliated militia committed acts in violation of international human rights law and international humanitarian law . (25) The escalating conflict between the Federal Government of Ethiopia and its allies and the TPLF and OLA occurs in the context of a broader deterioration of political conditions across the country, including persistent inter-communal violence, expanding repression against journalists, opposition parties, and dissident voices, and highly contentious national elections conducted in June to July 2021 that did not meet internationally accepted standards. (26) Ethiopia’s crisis is nested within a complex regional environment, the most important dimensions of which are three-way tensions between Ethiopia, Egypt, and Sudan over the Grand Ethiopian Renaissance Dam border tensions between Sudan and Ethiopia over Al Fashaga, Eritrea’s muscular regional engagement, and increasing geopolitical competition in the Horn of Africa that involves the Gulf, Turkey, Iran, Russia, and the People’s Republic of China. (27) Working in conjunction with its international partners, the United States has consistently called for a political solution to the crisis, unfettered humanitarian access, an end to human rights violations, full accountability for all atrocities committed during the course of hostilities, and a broader all-inclusive national dialogue, and has taken a number of actions to encourage and incentivize a peaceful resolution to the conflict in Ethiopia, including reductions in development and security assistance, visa sanctions, and high-level diplomatic engagement. (28) On September 17, 2021, President Joseph R. Biden signed Executive Order No. 14046 Imposing Sanctions on Certain Persons With Respect to the Humanitarian and Human Rights Crisis in Ethiopia, which authorizes the United States to target parties responsible for or complicit in actions or policies that prolong the conflict in northern Ethiopia, and those that commit human rights abuses, or obstruct humanitarian access and a ceasefire with respect to the conflict. (29) The Federal Government of Ethiopia has rejected all offers to facilitate a diplomatic solution to the conflict, including those extended by African Union Chairman Cyril Ramaphosa in November 2020, and Intergovernmental Authorities on Development (IGAD) Chairman Abdalla Hamdok in August 2021, to mediate talks with the TPLF. 4. Statement of policy It is the policy of the United States to support a peaceful, democratic unified Ethiopia, and to use all diplomatic, development, and legal tools to support an end to the conflict that began in northern Ethiopia, an end to violence throughout Ethiopia, the promotion of an all-inclusive national dialogue, and the advancement of the human, civil, and political rights of all Ethiopians. 5. Support for democracy and human rights in Ethiopia (a) In general The Secretary, in consultation with the Administrator of the United States Agency for International Development, shall develop and implement a strategy for supporting democracy and human rights in Ethiopia that includes a description and justification of— (1) plans to support civil society efforts related to expanding citizen participation and political space; (2) plans to support all-inclusive national dialogue in Ethiopia; (3) plans to support justice and accountability mechanisms for abuses and atrocities committed in the course of the conflict; (4) plans to combat hate speech and disinformation in Ethiopia; (5) current and planned democracy and governance support to government institutions in Ethiopia; and (6) (A) results of the most recent impact evaluation of these activities; and (B) plans for applying lessons learned from such evaluations. (b) Report to Congress Not less than 180 days after the date of the enactment of this Act, the Secretary shall submit the strategy required in subsection (a) to the appropriate congressional committees. 6. Support for conflict resolution, mitigation and management, and reconciliation (a) Conflict resolution The President is authorized to provide financial, technical, and diplomatic support for— (1) efforts by the African Union or other credible entities engaged in efforts to help bring about a peaceful resolution to the conflict in northern Ethiopia; and (2) efforts by civil society, especially those from marginalized communities, women, and youth, to participate and engage in peacebuilding, mediation, and community reconciliation. (b) Conflict mitigation and reconciliation The Administrator of the United States Agency for International Development shall develop and implement a strategy, coordinated with the Secretary as relevant, to support conflict mitigation and management, and reconciliation and trauma healing for conflict affected groups in Ethiopia that includes— (1) an analysis of the drivers of conflict in Ethiopia; (2) a comprehensive plan to mitigate and manage conflict; (3) an emphasis on community-led grass roots reconciliation; (4) specific steps the Agency will take to ensure the participation of traditionally marginalized communities and ethnic groups, women, and youth; (5) plans to ensure that all assistance programs that are directly aimed at benefitting the Ethiopian people or building the capacity of civil society to incorporate, to the extent practicable, community-based conflict mitigation and management, violence prevention, peacebuilding interventions, reconciliation activities, psychosocial support, and trauma healing; (6) a clear statement of— (A) the goals and expected outcomes of the strategy; and (B) the means through which progress towards those goals will be met including through regular rigorous evaluations; and (7) plans for updating and revising the current Country Development Cooperation Strategy to include elements of the strategy required under this subsection. (c) Submission The strategy required under subsection (b) shall be submitted to the appropriate congressional committees not later than 90 days after the date of the enactment of this Act. 7. Actions in support of peace and stability in Ethiopia (a) Sanctions for actions undermining transition to democracy (1) In general The President shall impose the sanctions described in paragraph (2) with respect to any foreign person that the President determines— (A) undermines efforts with respect to a peaceful negotiated settlement to end hostilities in northern Ethiopia; (B) through business dealings with senior leadership of the Government of Ethiopia or the Government of Eritrea, the Tigray People’s Liberation Front, or other parties to the conflict in and around northern Ethiopia, derives significant financial benefit or political power from policies or actions, including electoral fraud, human rights abuses, or corruption, that contribute to the conflict or impede a transition to democracy in Ethiopia; (C) provides to any party involved in hostilities in Ethiopia— (i) weapon systems, such as firearms, unmanned aerial systems, helicopters, munitions used by such unmanned aerial systems or helicopters, battle tanks, armored combat vehicles, or munitions for such tanks and vehicles, missiles or missile systems; armed vehicles; or (ii) support for such systems, such as ammunition, spare parts, pilots or other operators; or (D) knowingly facilitates or finances the sale, operation, or transfer of weapons to any party involved in hostilities in Ethiopia. (2) Sanctions described The sanctions to be imposed under paragraph (1) with respect to a foreign person are the following: (A) Property blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) 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. (B) Aliens inadmissible for visas, admission, or parole (i) Visas, admission, or parole An alien described in paragraph (1) 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 visa or other entry documentation of an alien described in paragraph (1) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (II) Immediate effect A revocation under subclause (I) shall— (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the alien's possession. (3) Exceptions (A) Exception relating to importation of goods (i) In general The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (ii) Good defined In this subparagraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (B) Exception to comply with United Nations headquarters agreement and law enforcement objectives Sanctions under paragraph (2)(B) shall not apply to an alien if admitting the alien into the United States— (i) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (ii) would further important law enforcement objectives. (4) Implementation; penalties (A) 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 subsection. (B) Penalties relating to property blocking A person that violates, attempts to violate, conspires to violate, or causes a violation of subparagraph (A) of paragraph (2) or any regulation, license, or order issued to carry out either such subparagraph 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. (5) Definitions In this subsection: (A) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (B) Foreign person The term foreign person means a person that is not a United States person. (C) 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. (D) United states person The term United States person means— (i) 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; or (ii) 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. (b) Limitations on export of defense and dual-Use items to Ethiopia and Eritrea (1) Dual-use items A license shall be required under section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) ) for the export, reexport, or in-country transfer to Ethiopia or Eritrea of items described in clause (ii) of that section. (2) Defense items No license may be issued for the export to Ethiopia or Eritrea of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ) on January 1, 2016. (c) Prohibition and suspension of certain assistance to Ethiopia (1) Support by United States International Development Finance Corporation The United States International Development Finance Corporation may not provide support under title II of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9621 et seq. ) for projects in Ethiopia. (2) Termination The prohibition under paragraph (1) shall not apply on or after the date that is 30 days after the Secretary of State determines and certifies to the appropriate congressional committees that the Government of Ethiopia and its proxies and allies have— (A) ceased all offensive military operations in northern Ethiopia; (B) taken steps toward a genuine political dialogue to achieve an end to the conflict; (C) implemented measures to better protect human rights and ensure adherence to international humanitarian law and international human rights law; (D) continuously allowed unfettered humanitarian access; and (E) cooperated with independent investigations of credible allegations of war crimes, crimes against humanity, and other human rights abuses carried out in the course of hostilities. (d) Multilateral sanctions The Secretary, in consultation with the Secretary of the Treasury and the Secretary of Commerce, as appropriate, should engage with members of the United Nations Security Council, the North Atlantic Treaty Organization, the European Union, the African Union, and any other relevant actors to achieve a coordinated imposition of multilateral sanctions and export controls on persons described in subsection (a)(1). 8. Security assistance (a) Suspension of assistance All security assistance being provided to the Government of Ethiopia by the United States Government shall immediately be suspended until such time as the Secretary reports to the appropriate congressional committees that hostilities in northern Ethiopia and related conflicts have ended, and the parties to the conflict are engaged in good faith efforts to reach a comprehensive peace agreement. (b) Report Not later than 15 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a comprehensive list of all assistance halted in compliance with subsection (a) as of the date of the enactment of this Act. 9. Assistance to the government of the Federal Democratic Republic of Ethiopia provided through international financial institutions (a) Restrictions The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions— (1) to use the voice and vote of the United States in those institutions to oppose any loan or extension of financial or technical assistance to the Governments of Ethiopia and Eritrea; and (2) to work with other key donor countries to develop a coordinated policy with respect to lending to the Governments of Ethiopia and Eritrea aimed at advancing human rights and promoting peace. (b) Exception for humanitarian purposes The restrictions under paragraphs (1) and (2) of subsection (a) shall not apply with respect to loans or financial or technical assistance provided for humanitarian purposes, including efforts to prevent, detect, and respond to the COVID–19 pandemic, or any other infectious disease threat that is declared by the World Health Organization to be a Public Health Emergency of International Concern. (c) Waiver for projects that directly support basic human needs The Secretary of the Treasury may waive the application of the restriction under subsection (a)(1) only if the Secretary of the Treasury submits to the appropriate congressional committees a written determination, arrived at with the concurrence of the Secretary of State, that the waiver is being exercised to support projects that directly support basic, life-saving human needs. (d) Termination Subsection (a)(1) shall not apply on or after the date that is 30 days after the Secretary of State determines and certifies to the appropriate congressional committees that the Government of Ethiopia and its proxies and allies have— (1) ceased all offensive military operations in northern Ethiopia and conflict in surrounding areas of Ethiopia; (2) taken steps toward a genuine political dialogue to achieve an end to the conflict; (3) implemented measures to better protect human rights and ensure adherence to international humanitarian law and international human rights law; (4) continuously allowed unfettered humanitarian access; and (5) cooperated with independent investigations of credible allegations of war crimes, crimes against humanity and other human rights abuses carried out in the course of hostilities. (e) Briefing Not later than 60 days after the date of the enactment of this Act and every 120 days thereafter until the restrictions in subsection (a)(1) are terminated pursuant to subsection (d), the Secretary of the Treasury, in conjunction with the Secretary and the Administrator of the United States Agency for International Development, or their designees, shall brief the appropriate congressional committees on the efforts of the United States Executive Directors of the international financial institutions pursuant to subsection (a). 10. Support for accountability (a) In General The President is authorized to provide financial, technical, and diplomatic support for efforts to pursue accountability for war crimes and crimes against humanity, including any preliminary activities necessary to preserve evidence of crimes in Ethiopia, with the goal of promoting accountability for war crimes, crimes against humanity, or other violations of international human rights law and international humanitarian law that have taken place in the course of hostilities in northern Ethiopia or other areas of Ethiopia. (b) Provision of information The President is authorized to share information possessed by the United States Government with organizations engaged in a credible investigation meant to lead to the prosecution of any individual credibly accused of war crimes, crimes against humanity, or other violations of international human rights law or international humanitarian law in accordance with this section. 11. Arms-related, financial, and other reporting requirements (a) Report on certain activities and finances of senior officials of the governments of ethiopia and eritrea and armed opposition groups Not later than 180 days after the date of the enactment of this Act, and annually thereafter until the date that is 2 years after the end of hostilities in the Tigray region, the Secretary shall submit to the appropriate congressional committees a report that— (1) describes the actions and involvement of any senior officials of the Governments of Ethiopia and Eritrea and any senior leaders in the party to the conflict in northern Ethiopia and related conflicts— (A) facilitating or financing the sale or transfers of arms or weapons to any party to the hostilities in Ethiopia, including the Government of Ethiopia, the Government of Eritrea, opposition groups, militias, or other armed groups active in the conflict in Ethiopia; (B) directing, carrying out, or ordering violations of human rights including the systemic use of rape and sexual and gender based violence; (C) directing, carrying out, or ordering the use or recruitment of children by armed groups or armed forces; and (D) directing, carrying out, or ordering significant acts of corruption; (2) identifies Ethiopian, Eritrean, and other foreign financial institutions in which senior officials of the Governments of Ethiopia and Eritrea whose actions are described in paragraph (1), and senior leaders of parties to the conflict in northern Ethiopia and related conflicts in the Federal Democratic Republic of Ethiopia whose actions are described in paragraph (1), hold significant assets, and provides an assessment of the value of such assets; and (3) identifies Ethiopian, Eritrean, and foreign financial institutions that knowingly facilitate or finance the sale or transfer of weapons, arms, or non-lethal equipment intended or altered by a third party for military use to any party to the hostilities in Ethiopia. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Report on progress on accountability in Ethiopia Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State shall submit to Congress a report on progress towards holding individuals in Ethiopia and Eritrea accountable for human rights violations, war crimes, and crimes against humanity. | https://www.govinfo.gov/content/pkg/BILLS-117s3199is/xml/BILLS-117s3199is.xml |
117-s-3200 | II 117th CONGRESS 1st Session S. 3200 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Hoeven (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes.
1. Short title This Act may be cited as the North Dakota Trust Lands Completion Act . 2. Findings Congress finds that— (1) in 1889, Congress enacted the North Dakota Enabling Act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States ; (2) section 10 of the North Dakota Enabling Act (25 Stat. 679, chapter 180)— (A) with certain exceptions, granted sections 16 and 36 in every township to the new States of North Dakota, South Dakota, Montana, and Washington for the support of common schools ; and (B) in cases where portions of sections 16 and 36 had been reserved, granted, or sold prior to those States attaining statehood, authorized indemnity or in lieu selections; (3) the State of North Dakota was granted land and minerals totaling more than 2,500,000 acres under the North Dakota Enabling Act; (4) the North Dakota Enabling Act provided further land grants to the State of North Dakota for the support of colleges, universities, the State capitol, and other public institutions; (5) prior to the enactment of the North Dakota Enabling Act, the United States, through treaties and Executive orders, including the Treaty between the United States of America and the Mandan, Hidatsa, Arikara, and other Tribal Nations, made and concluded at Fort Laramie September 17, 1851 (11 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 635), and the Executive order of April 12, 1870, established several reservations of land for multiple Indian Tribes located in the State of North Dakota; (6) established in 1960, the Little Missouri National Grasslands— (A) occupies more than 1,028,000 acres of land in western North Dakota; and (B) encompasses approximately 108,840 surface acres and 149,073 mineral acres of State land grant parcels within its boundaries; (7) authorizing the State to relinquish the State land grant parcels located within the reservations and the Grasslands and to select other Federal land or minerals in lieu of the relinquished State land grant parcels will— (A) fulfill the promise of land and minerals to the State; (B) provide to Indian Tribes greater Tribal sovereignty and control of land and minerals within the reservations; and (C) provide for greater conservation and preservation of the Grasslands; and (8) Congress should authorize the State— (A) to relinquish the land and minerals located within the reservations and the Grasslands; and (B) to select in lieu of the relinquished land other Federal land or minerals in the State of North Dakota of equal value. 3. Definitions In this Act: (1) Federal land The term Federal land means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) Grasslands The term Grasslands means the Little Missouri National Grasslands located within the State of North Dakota. (3) North Dakota Enabling Act The term North Dakota Enabling Act means the Act of February 22, 1889 (25 Stat. 676, chapter 180). (4) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (5) Reservation The term reservation means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (6) Secretary The term Secretary means the Secretary of the Interior. (7) State The term State means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. (8) State land grant parcel The term State land grant parcel means— (A) a parcel of land granted to the State of North Dakota by Congress— (i) on statehood; or (ii) through a grant pursuant to the North Dakota Enabling Act; (B) a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes; (C) a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and (D) a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood. (9) Unappropriated Federal land (A) In general The term unappropriated Federal land means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. (B) Exclusions The term unappropriated Federal land does not include— (i) surface interests acquired by the Bureau of Land Management; (ii) any area of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(c)(3) ); or (iii) land that is— (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within— (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. 4. Relinquishment and selection; conveyance (a) Relinquishment and selection (1) In general If the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation or the Grasslands, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. (2) Approval Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. (b) Conveyance (1) Conveyance by Secretary (A) In general Not later than 60 days after the date on which Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. (B) Requirements Conveyance of Federal land by the Secretary under this Act— (i) shall be by clear list, patent, or deed acceptable to the State; and (ii) shall not be considered a sale, exchange, or conveyance under section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 , 1715, 1716, 1719). (2) Relinquishment and conveyance by State (A) In general As consideration for the conveyance of Federal land under paragraph (1), on the date on which the Federal land is conveyed to the State, the State— (i) shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1); or (ii) in the case of a State land grant parcel identified for relinquishment under subsection (a)(1) that is located wholly or partially within the boundaries of the Grasslands, shall relinquish and convey to the Secretary of Agriculture all right, title, and interest of the State in and to the State land grant parcel. (B) Clear title The State shall convey to the Secretary clear title to all parcels relinquished under subparagraph (A). (C) Limitation Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1715 , 1716). (c) Succession to rights and obligations Each party to which land is conveyed under this Act shall succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. (d) Management after relinquishment (1) Grasslands All State land grant parcels relinquished by the State and conveyed to the Secretary of Agriculture under this Act and located within the Grasslands shall become part of, and be managed as part of, the Grasslands. (2) Reservation If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be— (A) taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and (B) considered to be a part of the reservation of the Indian Tribe. (3) Consultation required Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments). (e) Special rules for mineral land (1) Definition of unappropriated Federal land subject to a lease or permit In this subsection, the term unappropriated Federal land subject to a lease or permit means unappropriated Federal land subject to a mineral lease or permit that is— (A) issued under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and (B) in a producing or producible status during the 10-year period following the date of enactment of this Act. (2) Selection of mineral land The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit— (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate (A) In general If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State— (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. (B) Mining claims To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on— (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (C) Obligations under Federal law Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (D) No relinquishment If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph (B) shall have no effect. (E) Rights-of-way; other interest On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. (F) Valuation If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). (f) Withdrawal (1) In general Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Date described The date referred to in paragraph (1) is the date on which, as applicable— (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. 5. Valuation (a) Equal value With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act— (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall— (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal required Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with— (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (c) Equalization With respect to a conveyance to the Secretary or the Secretary of Agriculture of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. (d) Low value parcels (1) In general The Secretary, with the consent of the State, may use mass appraisals, a summary appraisal, or a statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice to determine the value of a State land grant parcel or a parcel of Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that market value of the State land grant parcel or parcel of Federal land, as applicable, is— (A) less than $500,000; and (B) less than $500 per acre. (2) Division A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). (e) Ledger accounts (1) In general With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value. (2) Imbalances A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction. (3) Account balancing Each ledger account described in paragraph (1) shall be— (A) balanced not later than 3 years after the date on which the ledger account is established; and (B) closed not later than 5 years after the date of the last conveyance of land under this Act. (4) Costs (A) In general The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. (B) Adjustment If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. (5) Mineral land If value is attributed to any parcel of Federal land that has been selected by the State because of the presence of minerals under a lease entered into under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) that is in a producing or producible status, and the lease is to be conveyed under this Act, the value of the parcel shall be reduced by the amount that represents the likely Federal revenue sharing obligation under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) with the State, but the adjustment shall not be considered as reflecting a property right of the State. 6. Miscellaneous (a) In general Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. (b) Protection of Indian rights (1) Treaty rights Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (2) Land or minerals held in trust Nothing in this Act affects— (A) land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or (B) any individual Indian allotment. (c) Hazardous materials (1) In general The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (2) Certification (A) In general Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. (B) State land grant parcels Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed. (d) Grazing permits (1) In general If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the Secretary of Agriculture, or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. (2) Cancellation (A) In general Nothing in this Act prevents the Secretary or the Secretary of Agriculture, or the State, from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (B) Base properties If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (C) Range improvements Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. 7. Savings clause Nothing in this Act applies to or impacts the ownership of any land or mineral resources. | https://www.govinfo.gov/content/pkg/BILLS-117s3200is/xml/BILLS-117s3200is.xml |
117-s-3201 | II 117th CONGRESS 1st Session S. 3201 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Cotton (for himself, Ms. Cortez Masto , Mr. Merkley , and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a joint United States-Taiwan Infectious Disease Monitoring Center to serve as an early warning center in the case of an infectious disease outbreak in the Indo-Pacific region.
1. Short title This Act may be cited as the United States-Taiwan Public Health Protection Act . 2. Definitions In this Act: (1) Center The term Center means the Infectious Disease Monitoring Center established pursuant to section 3. (2) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on Health, Education, Labor, and Pensions of the Senate ; (C) the Committee on Foreign Affairs of the House of Representatives ; and (D) the Committee on Energy and Commerce of the House of Representatives . (3) Secretary The term Secretary means the Secretary of State. 3. Infectious Disease Monitoring Center (a) Establishment The Secretary, in consultation with the Secretary of Health and Human Services and the heads of other relevant Federal departments and agencies, shall— (1) establish an Infectious Disease Monitoring Center within the American Institute in Taiwan in Taipei, Taiwan; and (2) not later than 1 year after the date of the enactment of this Act, complete a study of how best to establish the Center that includes— (A) consultation with the Taiwan Economic and Cultural Representative Office in the United States, the Taiwan Centers for Disease Control, and any other relevant instrumentalities of the Taiwanese government; and (B) a consideration of the personnel, material, and funding requirements necessary to establish and operate the Center. (b) Partnership The Center shall seek to partner with the Taiwan Centers for Disease Control to conduct health monitoring of infectious diseases in the region by— (1) regularly monitoring, analyzing, and disseminating open-source material from countries in the region, including viral strains, bacterial subtypes, and other pathogens; (2) engaging in people-to-people contacts with medical specialists and public health officials in the region; (3) providing expertise and information on infectious diseases to the Government of the United States and the Taiwanese government; and (4) carrying out other appropriate activities, as determined by the Director of the Center. (c) Staffing (1) Infectious disease experts The Secretary of Health and Human Services shall annually submit a list to the Secretary that identifies not fewer than 3 infectious disease experts, from among the National Institutes of Health, the Centers for Disease Control and Prevention, and the Food and Drug Administration, who are recommended to serve as detailees to the Center. (2) Other public health professionals The heads of other relevant Federal departments and agencies may submit recommendations to the Secretary of qualified persons within their respective departments and agencies to serve as detailees to the Center. (3) Selection The Secretary, after considering the detailees recommended pursuant to paragraphs (1) and (2)— (A) shall appoint, for a period to be determined by the Secretary— (i) not fewer than 3 infectious disease experts detailed from among the National Institutes of Health, the Centers for Disease Control and Prevention, and the Food and Drug Administration to work at the Center, including 1 expert to serve as the Director of the Center; and (ii) not fewer than 1 qualified person from any other relevant Federal department or agency, including the Department of State and the United States Agency for International Development, to work at the Center; (B) may employ qualified foreign service nationals or locally engaged staff who are considered citizens of Taiwan to work at the Center; and (C) may enter into agreements with the Taiwanese government regarding employees of the Taiwan Centers for Disease Control who may be tasked with supporting or coordinating with the Center. (4) Compensation Individuals appointed by the Secretary pursuant to clause (i) or (ii) of paragraph (3)(A)— (A) shall be placed on leave without pay from their respective Federal departments and agencies for the duration of such appointment; and (B) shall be compensated by the Department of State. 4. Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the relevant congressional committees that contains the results of the study described in section 3(a)(2), including— (1) a plan on how to establish and operate the Center, including— (A) the personnel, material, and funding requirements necessary to establish and operate the Center; and (B) the proposed structure and composition of Center personnel; (2) a description of the efforts that have been undertaken to establish the Center; and (3) a description of any consultations or agreements between the Department of State and the Taiwanese government regarding the establishment and operation of the Center, including— (A) the role that employees of the Taiwan Centers for Disease Control would play in supporting or coordinating with the Center; and (B) whether any employees of the Taiwan Centers for Disease Control would be detailed to, or co-located with, the Center. 5. Authorization of appropriations (a) Department of State There are authorized to be appropriated to the Department of State— (1) for fiscal year 2022, $300,000, of which— (A) $250,000 shall be used to conduct the study described in section 3(a)(2); and (B) $50,000 shall be used to determine the selection of detailees to the Center from among the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other relevant Federal departments or agencies; and (2) for fiscal year 2023, and each succeeding fiscal year, $50,000, which shall be used to determine the selection of detailees to the Center from among the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other relevant Federal departments or agencies. (b) American Institute in Taiwan There are authorized to be appropriated to the American Institute in Taiwan for fiscal year 2022, and each succeeding fiscal year, $1,300,000, of which— (1) $1,200,000 shall be used to employ the personnel described in section 3(c)(3); and (2) $100,000 shall be used for management expenses related to operating the Center. | https://www.govinfo.gov/content/pkg/BILLS-117s3201is/xml/BILLS-117s3201is.xml |
117-s-3202 | II 117th CONGRESS 1st Session S. 3202 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To terminate the Interagency Task Force on the Reunification of Families and to require the transfer of the salaries of certain Federal officials and Task Force members to the Judgment Fund to reimburse the Federal Government for settlements paid to aliens.
1. Termination of Interagency Task Force on the Reunification of Families (a) Rescission of Executive Order 14011 The provisions of Executive Order 14011 (86 Fed. Reg. 8273; relating to the establishment of Interagency Task Force on the Reunification of Families) are hereby rescinded and shall have no force or effect. (b) Effect of rescission Notwithstanding any other provision of law, all policy decisions, legal decisions, settlement agreements, and consent decrees between the United States Government and private individuals or nongovernmental entities, and decisions regarding the use of the Secretary of Homeland Security’s parole authority under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) or any other immigration benefit that was provided or entered into pursuant to Executive Order 14011 are rescinded and terminated. 2. Reporting and notification requirements (a) In general The Director of the Office of Management and Budget shall— (1) submit a report to the appropriate congressional committees regarding the operations of the Interagency Task Force on the Reunification of Families (referred to in this section as the Task Force ); and (2) publish such report on a publicly accessible website. (b) Contents The report required under subsection (a) shall include— (1) an accounting of all costs incurred by the Task Force that were paid by the Federal Government; (2) a list of all of the meetings between the Task Force and any nongovernmental entity, including— (A) the list of participants of such meetings; and (B) the agendas of such meetings; (3) all communications between Task Force members and nongovernmental entities; (4) a description of all of the settlement agreements or consent decrees between the Federal Government and any nongovernmental entity that were facilitated by the Task Force; (5) all legal opinions, memoranda, and other policy guidance developed pursuant to Executive Order 14011 relating to granting parole to migrants in accordance with section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ); (6) the number of migrants who were granted parole under such section as a result of the activities of the Task Force and, for each migrant receiving such parole, the nongovernmental organization who referred the migrant for consideration for parole or other immigration benefits; and (7) the date on which each migrant described in paragraph (6) was separated from a family member by U.S. Customs and Border Protection. (c) Consent decrees and settlement agreements (1) In general The Director of the Office of Management and Budget and the Attorney General shall post copies of all consent decrees and settlement agreements entered into pursuant to Executive Order 14011 on a publicly accessible website. (2) Future consent decrees and settlement agreements (A) GAO review The Attorney General shall ensure that the terms and conditions of all future consent decrees and settlement agreements between the Federal Government and any nongovernmental entity relating to the application of the policy described in the memorandum of the Attorney General entitled Zero-Tolerance for Offenses under 8 U.S.C. § 1325(a) , issued on April 6, 2018, the implementation of Executive Order 14011, or the separation of family members by U.S. Customs and Border Protection comply with section 3711 of title 31, United States Code, and chapter IX of subtitle B of title 31, Code of Federal Regulations (commonly known as the Federal Claims Collections Standards ), by seeking an opinion from the Comptroller General of the United States regarding each such consent decree and settlement agreement. (B) Prohibition A consent decree or settlement agreement described in subparagraph (A) may not be entered into until after the Comptroller General of the United States, after reviewing the terms of such decree or agreement, has certified that it fully complies with section 3711 of title 31, United States Code, and the Federal Claims Collections Standards. (C) Publication All consent decrees and settlement agreements described in subparagraph (A) shall be posted on the publicly accessible website described in paragraph (1). 3. Transfer of funds (a) Task force member salaries Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall withhold the salaries of all Federal employees who serve on the Task Force and deposit an amount equal to all such salaries to the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code (commonly known as the Judgment Fund ), until the amount so deposited is equal to the total amount paid (or obligated to be paid) to aliens as a result of all consent decrees and settlement agreements entered into pursuant to Executive Order 14011 in which an alien is awarded $1 or more. (b) Certain department heads and executive office of the president salaries Notwithstanding any other provision of law, the Director of the Office of Personnel Management shall withhold the salaries of the Attorney General, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of State, and all employees of the Executive Office of the President and deposit an amount equal to all such salaries to the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code (commonly known as the Judgment Fund ), until the amount so deposited is equal to the total amount paid (or obligated to be paid) to aliens as a result of all consent decrees and settlement agreements entered into pursuant to Executive Order 14011 in which an alien is awarded $1 or more. | https://www.govinfo.gov/content/pkg/BILLS-117s3202is/xml/BILLS-117s3202is.xml |
117-s-3203 | II 117th CONGRESS 1st Session S. 3203 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mrs. Feinstein (for herself, Mr. Marshall , Mrs. Gillibrand , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Commission on the COVID–19 Pandemic.
1. Short title; sense of Congress (a) Short title This Act may be cited as the National Commission on the COVID–19 Pandemic Act . (b) Sense of Congress It is the sense of Congress that— (1) the SARS–CoV–2 (COVID–19) pandemic has caused immense suffering in the United States, having resulted in more than 736,000 American deaths as of October 2021, and infecting at least 45,000,000; (2) following other destructive and traumatic events in our history, including the September 11, 2001, terrorist attacks, Congress has established a bipartisan commission of experts to study the event and produce a report and recommendations, and such an exercise can assist in national healing; (3) the extent of the loss of life and the economic cost of the pandemic demonstrate the high risks that pandemic diseases can pose to public health and to national security, and demands a thorough, authoritative, and independent review of the origin of SARS–CoV–2 as well as United States actions and policies before and during the pandemic, and recommendations to Congress and policymakers as to how we can be better prepared for future pandemic diseases, including those that could be caused by intentional biological attacks; (4) individuals appointed to the Commission established in subsection (b) should be prominent citizens of the United States with national recognition and significant experience and expertise in— (A) public health and biosafety; (B) epidemiology; (C) medicine; (D) emergency management or response; (E) public administration; (F) logistics; (G) organizational management; or (H) medical intelligence and forensic investigations; and (5) it is crucial to better understand and manage the increasing likelihood of pandemic threats (such as the recent threats of severe acute respiratory syndrome (SARS), Ebola, the 2009–H1N1 influenza, and COVID–19) and related health issues that the United States could face during the next several decades. 2. Commission on the COVID–19 Pandemic (a) Establishment of Commission There is established in the legislative branch the National Commission on the COVID–19 Pandemic (in this section referred to as the Commission ). (b) Duties The Commission shall— (1) in accordance with subsection (d), conduct an investigation of all relevant facts and circumstances regarding the novel coronavirus disease 2019 (in this section referred to as COVID–19 ) in order to make a full and complete accounting of— (A) the preparedness of the United States for pandemic disease before the outbreak of COVID–19; (B) the circumstances surrounding the initial outbreak and spread of COVID–19; and (C) the actions taken by the Federal Government, State, local, and Tribal governments, including with respect to the private sector, civil society, and relevant international organizations (including the World Health Organization) in response to COVID–19; (2) identify and examine lessons learned regarding pandemic preparedness, response, and recovery efforts by the Federal Government and State, local, and Tribal governments, and international partners; and (3) submit to the President and Congress, and make publicly available, such reports as are required by this section containing findings, conclusions, and recommendations as the Commission determines appropriate to improve the ability of the United States to prepare for, detect, prevent, and, if necessary, respond to and recover from epidemics and pandemics such as COVID–19 (whether naturally occurring or caused by state or non-state actors) in a way that minimizes negative effects on public health, the economy, and society. (c) Composition of Commission (1) Members The Commission shall be composed of 10 members, of whom— (A) 1 member shall be appointed by the President, who shall serve as chair of the Commission; (B) 1 member shall be appointed by the leader of the House of Representatives (the Speaker or minority leader, as the case may be) of the political party that is not the same political party as the President, in consultation with the leader of the Senate (majority or minority leader, as the case may be) of the same political party as such leader of the House of Representatives, who shall serve as vice chair of the Commission; (C) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (D) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (E) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (F) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (2) Affiliations; initial meeting (A) Political party affiliation Not more than 5 members of the Commission shall be from the same political party. (B) Nongovernmental appointees An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (C) Conflicts of interest An individual appointed to the Commission may not have conflicts of interest, or otherwise have demonstrated a strong bias toward a particular conclusion that may prejudice the individual's judgement as it pertains to the matters before the Commission. A senior member of the leadership of either party in the Senate or the House of Representatives may raise objections to appointees who raise such concerns. (D) Deadline for appointment All members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. (E) Initial meeting The Commission shall meet and begin the operations of the Commission as soon as practicable, but not later than 15 days after appointment of all members of the Commission. (3) Quorum; vacancies After its initial meeting, the Commission shall meet upon the call of the chair or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (4) In-person meetings The members of the Commission shall conduct its meetings in person unless such in-person meetings would pose a health risk or significant practical challenges. (d) Investigation The investigation under subsection (b)(1) shall address the following: (1) The structure, coordination, management, policies, procedures, and actions of the Federal Government, State, local, and Tribal governments, and nongovernmental entities in response to the COVID–19 pandemic. (2) The effectiveness of communications to the public concerning the pandemic and the public health response, including physical distancing practices, the use of masks, and other non-pharmaceutical interventions intended to reduce the spread of COVID–19. (3) The role of international cooperation in responding to the pandemic, including the role of international organizations such as the World Health Organization and China’s government’s cooperation in the global investigation of COVID–19. (4) The availability of personal protective equipment for health workers and first responders, and the availability of other relevant medical equipment and supplies, including the role of the Strategic National Stockpile. (5) The role of the Federal Government in the development, testing, production, and distribution of treatments and vaccines for COVID–19. (6) The preparedness and capacity of the health care system of the United States, including hospitals, physicians, community health centers, and laboratories. (7) The link between variations in the language that individuals use to describe a novel virus or disease and how such language may contribute to or conversely help to prevent an increase in incidents of stigma, discrimination, and harassment against an identifiable group of people and the communities in which they live. (8) The origins of the novel coronavirus that causes COVID–19. Such an investigation shall include engaging with willing partner governments and experts from around the world, seeking access to all relevant records on the virus cultures, isolates, genomic sequences, databases, and patient specimens, and personnel of interest. The investigation shall fully and without prejudice explore the likely origins of COVID–19, as addressed in the August, 27, 2020, Office of the Director of National Intelligence unclassified summary of the Intelligence Community assessment on COVID–19 origins, including natural exposure to an infected animal and a laboratory-associated incident involving experimentation, animal handling, or sampling by the Wuhan Institute of Virology, or another lab conducting similar research. (9) Any other subject the Commission determines relevant to understanding the origins of COVID–19, the United States response to COVID–19, and developing recommendations to prepare for future pandemics. (e) Powers of Commission (1) In general (A) Hearings and evidence The Commission or, as delegated by the chair and vice chair, any subcommittee or member thereof, may, for the purpose of carrying out this section— (i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths, as the Commission or such designated subcommittee or designated member may determine advisable; and (ii) subject to subparagraph (B)(i), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (B) Issuance of subpoenas (i) In general A subpoena may be issued under this paragraph only— (I) by the agreement of the chair and the vice chair; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature Subject to clause (i), subpoenas issued under this paragraph may be issued under the signature of the chair or any member designated by a majority of the Commission, and may be served by any person designated by the chair or by a member designated by a majority of the Commission. (C) Enforcement of subpoenas (i) In general In the case of contumacy or failure to obey a subpoena issued under this paragraph, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who shall bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (2) Contracting The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal, State, local, and Tribal agencies (A) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government or a State, local, or Tribal government information, suggestions, estimates, and statistics for the purposes of this section. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the fullest extent permitted by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chair, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (B) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (C) Non-interference with public health duties The Commission and its staff shall seek information and testimony in a manner that ensures Federal, State, local, and Tribal individuals and entities and private sector individuals and entities are able to prioritize activities related to the pandemic response. (4) Assistance from Federal agencies (A) General Services Administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. (B) Intelligence and investigative support The Director of National Intelligence, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, and the Attorney General shall, to the extent authorized by law, support the duties of the Commission by providing information, intelligence, analysis, recommendations, estimates, and statistics directly to the Commission, upon request made by the chair of the Commission, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Other departments and agencies In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (5) Declassification review of intelligence related to COVID–19 (A) Commencement of review Not later than 30 days after the date of the initial meeting of the Commission, the Director of National Intelligence shall, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, and the heads of such other elements of the intelligence community as the Director of National Intelligence considers appropriate, commence a declassification review of any and all information the Commission determines necessary relating to the origin of COVID–19. (B) Completion of review Not later than 90 days after the date of the initial meeting of the Commission, the Director of National Intelligence shall complete the review described in subparagraph (A) and determine what additional information relating to the origin of COVID–19 can be appropriately declassified and shared with the public. (C) Submission of report The Director of National Intelligence shall submit to Congress an unclassified report that contains the additional information described in subparagraph (B) with only such redactions as the Director determines necessary to protect sources and methods without altering or obscuring such information. (6) Gifts The Commission may not accept, use, and dispose of gifts or donations of services or property. (7) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (f) Nonapplicability of Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Presumption for public meetings (A) Open to the public The Commission shall make its hearings and meetings open to the public unless the chair and vice chair determine by consensus, on a case-by-case basis, that the hearing or meeting should be closed to the public. (B) Protection of information Any public meeting or hearing of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (g) Staff of Commission (1) In general (A) Appointment and compensation The chair, in consultation with the vice chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, 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 no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The chair shall ensure that any internships with the Commission are paid positions. (B) Personnel as Federal employees (i) In general The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (ii) Members of Commission Clause (i) shall not be construed to apply to members of the Commission. (2) Detailees Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (3) Consultant services The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (h) Compensation and travel expenses (1) Compensation Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission 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(b) of title 5, United States Code. (i) Security clearances for Commission members and staff The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (j) Reports of Commission (1) Interim report Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and Congress, and make publicly available, an interim report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Final report Not later than the date described in paragraph (3)(A), the Commission shall submit to the President and Congress, and make publicly available, a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (3) Deadline (A) Date described The date described in this subparagraph is 20 months after the date of the initial meeting of the Commission, unless not fewer than 8 members of the Commission vote for an extension of not more than 120 days. (B) Number of extensions The Commission may make not more than 1 extension under subparagraph (A). (C) Notification The Commission shall notify the President, Congress, and the public of each extension under subparagraph (A). (k) Termination (1) In general The Commission, and all the authorities of this section, shall terminate 90 days after the date on which the final report is submitted under subsection (j)(2). (2) Administrative activities before termination The Commission may use the 90-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports, disseminating the final report, and explaining to the public such reports and the conclusions of the Commission. (l) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Commission such sums as may be necessary for any fiscal year. (2) Duration of availability Amounts made available to the Commission under paragraph (1) shall remain available until the termination of the Commission. (3) Notice The chair shall promptly notify Congress if the chair determines that the amounts made available to the Commission under paragraph (1) are insufficient for the Commission to carry out its duties, including during an extended period described in subsection (j)(3). (m) Definitions In this section: (1) The terms chair and vice chair refer to the chair and vice chair of the Commission appointed under subsection (c)(1). (2) The term State means each of the several States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. | https://www.govinfo.gov/content/pkg/BILLS-117s3203is/xml/BILLS-117s3203is.xml |
117-s-3204 | II 117th CONGRESS 1st Session S. 3204 IN THE SENATE OF THE UNITED STATES November 15, 2021 Ms. Sinema introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To direct the Secretary of the Interior to take into trust for the Pascua Yaqui Tribe of Arizona certain land in Pima County, Arizona, and for other purposes.
1. Short title This Act may be cited as the Old Pascua Community Land Acquisition Act . 2. Definitions In this Act: (1) Compact-designated area The term Compact Designated Area means the area south of West Grant Road, east of Interstate 10, north of West Calle Adelanto, and west of North 15th Avenue in the City of Tucson, Arizona, as provided specifically in the Pascua Yaqui Tribe—State of Arizona Amended and Restated Gaming Compact signed in 2021. (2) Tribe The term Tribe means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe. (3) Indian tribe The term Indian Tribe — (A) means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (B) does not include any Alaska Native regional or village corporation. (4) Secretary The term Secretary means the Secretary of the Interior. 3. Land to be held in trust Upon the request of the Tribe, the Secretary shall accept and take into trust for the benefit of the Tribe, subject to all valid existing rights, any land within the Compact-Designated Area that is owned by Tribe. 4. Application of current law Gaming conducted by the Tribe in the Compact-Designated Area shall be subject to— (1) the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ); and (2) sections 1166 through 1168 of title 18, United States Code. 5. Reaffirmation of status and actions (a) Administration Land placed into trust pursuant to this Act shall— (1) be a part of the Pascua Yaqui Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and (2) be deemed to have been acquired and taken into trust on September 18, 1978. (b) Rules of construction Nothing in this Act shall— (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; (3) terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or (4) alter or diminish the right of the Tribe to seek to have additional land taken into trust by the United States for the benefit of the Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s3204is/xml/BILLS-117s3204is.xml |
117-s-3205 | II 117th CONGRESS 1st Session S. 3205 IN THE SENATE OF THE UNITED STATES November 15, 2021 Mr. Ossoff introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish an advanced industrial facilities deployment program and a State flex-tech energy program, and for other purposes.
1. Short title This Act may be cited as the Industrial Energy-Efficient Technology Act of 2021 . 2. Advanced industrial facilities deployment program (a) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,000,000,000, to remain available until September 30, 2026, to carry out this section. (b) Program The Secretary shall use funds appropriated by subsection (a) to establish a program to provide financial assistance, on a competitive basis, to eligible entities to carry out projects for— (1) the purchase and installation, or implementation, of advanced industrial technology at an eligible facility; (2) retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or (3) engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2). (c) Application To be eligible to receive financial assistance under the program established under subsection (b), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the expected greenhouse gas emissions reductions to be achieved by carrying out the proposed project. (d) Priority In providing financial assistance under the program established under subsection (b), the Secretary shall give priority consideration to projects on the basis of, as determined by the Secretary— (1) the expected greenhouse gas emissions reductions to be achieved by the project; (2) the extent to which the project would provide the greatest benefit for the greatest number of people within the area in which the eligible facility is located; and (3) whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility. (e) Cost share The Federal share of the cost of a project carried out using financial assistance provided under this section shall not exceed 50 percent. (f) Administrative costs Of amounts made available under subsection (a), the Secretary shall reserve $200,000,000 for the administrative costs of carrying out this section. (g) Definitions In this section: (1) Advanced industrial technology The term advanced industrial technology means technology or processes designed to accelerate greenhouse gas emissions reduction progress to net-zero at an eligible facility, as determined by the Secretary, including— (A) industrial energy efficiency technologies; (B) equipment to electrify industrial processes; (C) equipment to utilize low- or zero-carbon fuels, feedstocks, and energy sources; (D) low- or zero-carbon process heat systems; and (E) carbon capture, transport, utilization, and storage systems. (2) Eligible entity The term eligible entity means the owner or operator of an eligible facility. (3) Eligible facility The term eligible facility means a domestic, non-Federal, nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, and industrial ceramics. (4) Financial assistance The term financial assistance means a grant, rebate, direct loan, or cooperative agreement. (5) Secretary The term Secretary means the Secretary of Energy. 3. State flex-tech energy program (a) In general Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ) is amended by adding at the end the following: 367. Flex-tech energy program to enhance manufacturing competitiveness (a) Financial assistance Upon request from the State energy agency of a State that has an approved State energy conservation plan in effect under this part, or an Indian Tribe, the Secretary shall provide financial assistance to the State energy agency or Indian Tribe to be used for the development, implementation, improvement, or expansion of a flex-tech energy program described in subsection (b) (referred to in this section as a flex-tech energy program ) to enhance manufacturing competitiveness. (b) Flex-Tech energy program (1) In general A flex-tech energy program shall include— (A) provision of technical and administrative assistance to manufacturers through qualified engineering firms, as determined by the State energy agency or Indian Tribe; (B) provision of financial assistance to manufacturers for— (i) energy studies of manufacturing facilities that are conducted by qualified engineering firms, as determined by the State energy agency or Indian Tribe; and (ii) the implementation of measures and recommendations identified in energy studies conducted under clause (i), including the design, acquisition, installation, testing, operation, maintenance, and repair of energy- and water-using systems, resiliency-related measures, emissions reduction-related measures, utility cost savings measures, and measures related to advanced manufacturing technologies and artificial intelligence; and (C) reporting on the monitoring, tracking, and success metrics of the flex-tech energy program. (2) Studies An energy study of a manufacturing facility conducted pursuant to paragraph (1)(B)(i) may include— (A) an evaluation of the energy-using systems of the facility, including an evaluation of the performance of energy-using systems relative to design intent, operational needs of the facility and occupants of the facility, and operation and maintenance procedures; (B) an evaluation of emissions related to the facility, including greenhouse gas emissions, and recommendations on sustainability planning and practices; (C) an evaluation of potential energy efficiency, water efficiency, greenhouse gas emissions mitigation, and load reduction measures for the facility; (D) an evaluation of potential on-site energy measures, including grid-interactive efficiency systems, combined heat and power, efficient compressed air systems, energy storage, energy management systems, renewable thermal systems, and electrification or other forms of fuel switching; (E) recommendations on the use of new technologies at the facility; and (F) detailed estimates of potential implementation costs, operating cost savings, energy savings, emissions reductions, and simple payback periods for measures and recommendations identified as part of the energy study. (3) Use of funds (A) In general Of the amount of financial assistance received pursuant to this section for a fiscal year, a State energy agency or Indian Tribe shall use— (i) not more than 50 percent for energy studies; (ii) not more than 50 percent to support the implementation of recommendations from those energy studies; and (iii) not more than 10 percent for administrative expenses, including outreach and technical assistance. (B) Individual manufacturing facility A State energy agency that receives financial assistance pursuant to this section for a fiscal year may not use more than 5 percent of that financial assistance with respect to a single manufacturing facility. (C) Financing To the extent practicable, a State energy agency or Indian Tribe shall implement a flex-tech energy program using funding provided under this Act, public financing, private financing, and any other sources of funds. (4) Determination of qualified engineering firms A State energy agency or Indian Tribe administering a flex-tech energy program shall maintain and regularly update a publicly available list of qualified engineering firms that are approved by the State energy agency or Indian Tribe, as applicable, to provide assistance to manufacturers pursuant to this section. (c) Technical assistance (1) In general On request of a State energy agency or Indian Tribe, the Secretary shall provide information and technical assistance in the development, implementation, improvement, or expansion of a flex-tech energy program. (2) Inclusions Technical assistance provided pursuant to paragraph (1) may include, with respect to manufacturers that employ fewer than 500 full-time equivalent employees at a manufacturing facility, program design options— (A) to meet the needs of such manufacturers; and (B) to encourage the use of advanced manufacturing processes by such manufacturers, including use of additive manufacturing, advanced sensors and controls, techniques to reduce embedded emissions, and advanced composite materials. (d) Funding (1) Allocation Except as provided in paragraph (2), to the extent practicable, the Secretary shall allocate funding made available to carry out this section for each fiscal year in accordance with the formula used for distribution of Federal financial assistance provided pursuant to this part to States that have in effect an approved State energy conservation plan under this part. (2) Indian Tribes The Secretary shall set aside and distribute not less than 5 percent of amounts made available for each fiscal year to carry out this section to provide financial assistance— (A) to Indian Tribes; or (B) directly to manufacturers located in Indian Country or, in the case of Alaska, an Alaska Native Village Statistical Area, as identified by the Bureau of the Census. (3) Supplement Financial assistance provided to a State energy agency or Indian Tribe pursuant to this section shall be used to supplement, not supplant, any Federal, State, or other funds otherwise made available to that State energy agency or Indian Tribe under this part. (e) Definitions In this section: (1) Indian Country The term Indian Country has the meaning given the term in section 1151 of title 18, United States Code. (2) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) State energy agency The term State energy agency has the meaning given the term in section 391. . (b) Authorization of appropriations Section 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) ) is amended— (1) by striking (f) For the purpose and inserting the following: (f) Authorization of appropriations (1) In general For the purpose ; (2) in paragraph (1) (as so designated), by striking 2007 through 2012 and inserting 2022 through 2026 ; and (3) by adding at the end the following: (2) Flex-tech energy program In addition to the amounts authorized to be appropriated under paragraph (1), for the purposes of carrying out section 367, there are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. . (c) Conforming amendment The table of contents for the Energy Policy and Conservation Act is amended by adding after the item related to section 366 the following: Sec. 367. Flex-tech energy program to enhance manufacturing competitiveness. . | https://www.govinfo.gov/content/pkg/BILLS-117s3205is/xml/BILLS-117s3205is.xml |
117-s-3206 | II Calendar No. 168 117th CONGRESS 1st Session S. 3206 IN THE SENATE OF THE UNITED STATES November 15, 2021 Mr. Cruz introduced the following bill; which was read the first time November 16, 2021 Read the second time and placed on the calendar A BILL To repeal the provisions of the Infrastructure Investment and Jobs Act that impose new information reporting requirements with respect to digital asset transfers.
1. Repeal of new information reporting requirements with respect to digital asset transfers (a) In general The amendments made by section 80603 of the Infrastructure Investment and Jobs Act are repealed and the provisions of law amended by such section are restored as if such section had never been enacted. (b) Effective date The repeal made by subsection (a) shall take effect on the date of enactment of this Act.
November 16, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s3206pcs/xml/BILLS-117s3206pcs.xml |
117-s-3207 | II 117th CONGRESS 1st Session S. 3207 IN THE SENATE OF THE UNITED STATES November 15, 2021 Mr. Cassidy (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Combat-Injured Veterans Tax Fairness Act of 2016 to apply to members of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy, and for other purposes.
1. Short title This Act may be cited as the Coast Guard Combat-Injured Tax Fairness Act . 2. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries (a) Application to members of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy The Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note) is amended— (1) in section 3(a), in the matter preceding paragraph (1), by inserting (or the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy) after the Secretary of Defense ; and (2) in section 4— (A) in the section heading, by inserting and Secretary of Homeland Security after Secretary of Defense ; (B) by inserting or the Secretary of Homeland Security after The Secretary of Defense ; and (C) by striking made by the Secretary and inserting made by that Secretary . (b) Deadlines The Secretary of Homeland Security shall carry out the requirements under— (1) section 3(a) of the Combat-Injured Veterans Tax Fairness Act of 2016 ( Public Law 114–292 ; 10 U.S.C. 1212 note), as amended by subsection (a)(1), not later than one year after the date of the enactment of this Act; and (2) section 4 of that Act, as amended by subsection (a)(2), beginning on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s3207is/xml/BILLS-117s3207is.xml |
117-s-3208 | II 117th CONGRESS 1st Session S. 3208 IN THE SENATE OF THE UNITED STATES November 15, 2021 Ms. Baldwin (for herself, Mr. Brown , Mr. Coons , Ms. Cortez Masto , Mrs. Feinstein , Mrs. Gillibrand , Mr. Padilla , Ms. Rosen , Mr. Van Hollen , Mr. Warnock , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Office of Supply Chain Resiliency within the Department of Commerce to provide expansion support to companies and supply chains in the United States that are vulnerable to shortages and price increases, and for other purposes.
1. Short title This Act may be cited as the Supply Chain Resiliency Act . 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Supply Chain Resiliency. (2) Critical product The term critical product means a product that is critical to the national security, economic security, or public health of the United States. (3) Eligible entity The term eligible entity — (A) means a manufacturer that— (i) produces not less than 1 good at a facility in the United States; and (ii) is a small business concern; and (B) may include a manufacturer that is not a small business concern if the Secretary determines that providing expansion support to the manufacturer under section 4 would be in the public interest. (4) Office The term Office means the Office of Supply Chain Resiliency. (5) Program The term Program means the Supply Chain Monitoring and Resiliency Program established under section 4(a). (6) Secretary The term Secretary means the Secretary of Commerce. (7) Small business concern The term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3. Office of supply chain resiliency (a) Establishment The Secretary shall establish within the Department of Commerce the Office of Supply Chain Resiliency. (b) Assistant Secretary The Office shall be headed by the Assistant Secretary of Commerce for Supply Chain Resiliency, who shall be appointed by the Secretary. (c) Responsibilities of the Assistant Secretary The Assistant Secretary shall— (1) administer the Supply Chain Monitoring and Resiliency Program; (2) hire each employee of the Office; and (3) issue regulations necessary to carry out this Act. 4. Supply chain monitoring and resiliency program (a) Establishment The Assistant Secretary shall establish within the Office the Supply Chain Resiliency Program. (b) Objectives The objectives of the Program shall be to— (1) monitor and research interstate commerce and supply chains in the United States to identify vulnerabilities in supply chains that— (A) produce products that are critical to the national security, economic security, and public health of the United States; and (B) produce products in emerging technologies; and (2) improve the supply in the United States of critical products in supply chains identified under paragraph (1) by providing expansion support to eligible entities. (c) Supply chain research (1) In general Under the Program, the Assistant Secretary shall conduct research and analysis to identify supply chains that are— (A) experiencing supply shortages; or (B) vulnerable to experiencing supply shortages. (2) Supply chain vulnerabilities For the purpose of paragraph (1), a supply chain that is experiencing a supply shortage or vulnerable to experiencing a supply shortage shall include a supply chain within which there is— (A) a critical product— (i) of which there is a supply shortage or price spike due to a limited supply of the critical product; or (ii) that is in danger of experiencing a supply shortage or price spike due to a limited supply of the product; (B) a manufacturer in the United States that is the sole supplier, or that is in danger of becoming the sole supplier, in the supply chain of a critical product; (C) a manufacturer in the United States of a critical product that cannot make investments in property, a plant, and equipment necessary to expand the production of the critical product due to a lack of access to low-cost, long-term capital; (D) a manufacturer in the United States that has reduced output of a critical product because— (i) the necessary inputs to manufacture the critical product are unavailable due to a supply shortage or transportation disruption; (ii) the cost of necessary inputs to manufacture the critical product have increased because of a supply shortage; or (iii) the critical product cannot be delivered due to a transportation disruption; and (E) any other supply chain disruption identified by the Assistant Secretary that results in, or could result in, increased prices and supply shortages for a critical product. (3) Methods In conducting the research and analysis required under paragraph (1), the Assistant Secretary may— (A) conduct surveys of industry; (B) analyze market data, including consumer price indices and the components of those indices; and (C) convene meetings with manufacturers, suppliers, consumers, retailers, labor organizations, and other constituents of supply chains in the United States. (4) Supply shock stress tests The Assistant Secretary may conduct stress tests to simulate the impact of hypothetical supply chain shocks on— (A) supply chains for critical products in the United States; and (B) manufacturers in the United States that comprise the supply chains described in subparagraph (A) by— (i) producing critical products; (ii) supplying inputs to critical products; or (iii) buying critical products as an input for the manufactured goods of the manufacturer. (5) Eligibility for expansion support In identifying entities that may be eligible to receive expansion support under subsection (d)(1), the Assistant Secretary— (A) shall use data gathered from the research conducted under paragraph (1); and (B) may use results of the stress tests conducted under paragraph (4). (d) Supply chain resiliency expansion support (1) In general Under the Program, the Assistant Secretary shall provide expansion support to eligible entities in the form of— (A) loans; (B) loan guaranties on private markets; and (C) grants. (2) Use of expansion support An eligible entity that receives expansion support under paragraph (1) shall use the expansion support to expand production of a product that is part of a supply chain identified under subsection (c)(1). (3) Terms and conditions of expansion support (A) In general An eligible entity that receives expansion support under paragraph (1) shall agree to— (i) maintain production of a critical product in the United States; (ii) comply with the labor standards required under subparagraph (B); and (iii) any other terms or conditions the Assistant Secretary may require in order to achieve the objectives of the Program. (B) Labor-management cooperation (i) In general Notwithstanding any other provision of law, including the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), this subparagraph shall apply with respect to any recipient of funding under this section who is an employer and any labor organization who represents or seeks to represent any employees or only those employees who perform or will perform work funded under this section. (ii) Recognition Any employer receiving funds under this section shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for such purposes and who perform or will perform work funded under this section have signed valid authorizations designating the labor organization as their collective bargaining representative and that no other labor organization is certified or recognized pursuant to section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) as the exclusive representative of any of the employees in the unit who perform or will perform such work. Upon such showing of majority status, the employer shall notify the labor organization and the National Labor Relations Board that the employer— (I) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (II) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to that section. (iii) Dispute resolution and unit certification If a dispute over majority status or the appropriateness of the unit described in clause (ii) arise between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining who perform or will perform work funded under this section has signed valid authorizations designating the labor organization as their representative for such purposes and that no other individual or labor organization is certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work for such purposes, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ). (iv) Meetings and collective bargaining agreements Not later than 10 days after an employer receiving funding under this section receives a written request for collective bargaining from a recognized or certified labor organization representing employees who perform or will perform work funded under this section, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (v) Mediation and conciliation If, after the expiration of the 90-day period beginning on the date on which collective bargaining is commenced under clause (iv), or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service (referred to in this subparagraph as the Service ) of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. (vi) Tripartite arbitration (I) In general If, after the expiration of the 30-day period beginning on the date on which the request for mediation is made under clause (v), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by mediation and conciliation, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. (II) Members A tripartite arbitration panel established under this clause with respect to a dispute shall be composed of 1 member selected by the labor organization, 1 member selected by the employer, and 1 neutral member mutually agreed to by the labor organization and the employer. Each such member shall be selected not later than 14 days after the expiration of the 30-day period described in subclause (I) with respect to such dispute. Any member not so selected by the date that is 14 days after the expiration of such period shall be selected by the Service. (III) Decisions A majority of a tripartite arbitration panel established under this clause with respect to a dispute shall render a decision settling the dispute as soon as practicable, and (absent extraordinary circumstances or by agreement or permission of the parties) not later than 120 days after the establishment of such panel. Such a decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (aa) the financial status and prospects of the employer; (bb) the size and type of the operations and business of the employer; (cc) the cost of living of the employees; (dd) the ability of the employees to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (ee) the wages and benefits other employers in the same business provide their employees. (vii) Contractors and subcontractors Any employer receiving funds under this section to procure goods or services shall require a contractor or subcontractor, whose employees perform or will perform work funded under this section, that contracts or subcontracts with the employer to comply with the requirements set forth in clauses (i) through (vi). (viii) Definitions In this subparagraph, the terms employee , employer , and labor organization have the meanings given the terms in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). (C) Limitation of funds Funds appropriated to carry out this Act shall not be used to assist, promote, or deter organizing of labor organizations. (e) Supply chain resiliency fund (1) Establishment There is established a Supply Chain Resiliency Fund for the purpose of funding loans, loan guaranties, and grants under the Program. (2) Financial operations of the supply chain resiliency fund (A) In general The Assistant Secretary shall use the funds in the Supply Chain Resiliency Fund to finance loans, loan guaranties, and grants to eligible entities under the Program. (B) Reserve ratio The Assistant Secretary shall not lend in excess of 10 times the capital in reserve in the Supply Chain Resiliency Fund. (C) Interest rate The Assistant Secretary shall establish interest rates for loans, loan guaranties, and other instruments as the Secretary considers appropriate, taking into account— (i) the objectives of the Program described in section 3(b); and (ii) the cost of capital experienced by foreign competitors to the beneficiaries of the support provided under this section. (f) Authorization of appropriations There are authorized to be appropriated to the Assistant Secretary $5,000,000,000 for each of fiscal years 2023 through 2027 to carry out the Program, of which $4,000,000,000 shall be deposited into the Supply Chain Resiliency Fund established under subsection (e). | https://www.govinfo.gov/content/pkg/BILLS-117s3208is/xml/BILLS-117s3208is.xml |
117-s-3209 | II 117th CONGRESS 1st Session S. 3209 IN THE SENATE OF THE UNITED STATES November 15, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit annual reports reviewing the educational material used by the Palestinian Authority in schools, and for other purposes.
1. Short title This Act may be cited as the Peace and Tolerance in Palestinian Education Act . 2. Findings Congress finds the following: (1) In 2016 and 2017, the Palestinian Authority published modified curricula for school-aged children in grades 1 through 11. (2) Textbooks used by the Palestinian Authority in the West Bank and Gaza include graphics portraying violence against Israeli soldiers, positive portrayals of individuals who have committed attacks against citizens of Israel, and references to Palestinian efforts to target the Zionists . (3) Palestinian Authority textbooks are used at schools sponsored by the United Nations Relief and Works Agency for Palestine Refugees in the Near East because the schools use the textbooks of the host government. (4) On April 26, 2018, the Government Accountability Office published a report that found the following: (A) Textbooks in schools in areas controlled by the Palestinian Authority feature inaccurate and misleading maps of the region and include militaristic, adversarial imagery and content that incite hatred. (B) The Department of State raised with Palestinian officials the objectionable content in the textbooks, including a specific math problem using the number of Palestinian casualties in the First and Second Intifadas. (C) The United Nations Relief and Works Agency for Palestine Refugees in the Near East, in its review of the textbooks, identified content not aligned with United Nations values, the majority of which content related to neutrality or bias issues, including issues related to maps and references to Jerusalem as the capital of Palestine. 3. Sense of Congress It is the sense of Congress that the Palestinian Authority has not sufficiently eliminated content encouraging violence or intolerance toward other countries or ethnic groups from the curriculum used in schools in areas controlled by the Palestinian Authority. 4. Reports required (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 2 years in accordance with subsection (c), the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report reviewing curriculum used in schools in areas controlled by the Palestinian Authority or located in Gaza and controlled by any other entity. (b) Elements Each report required by subsection (a) shall include the following: (1) A determination of whether the curriculum reviewed contains content encouraging violence or intolerance toward other countries or ethnic groups, and a detailed explanation of the reasons for reaching such determination. (2) An assessment of the steps the Palestinian Authority is taking to reform curriculum containing such content at schools to conform with standards of peace and tolerance in the Declaration of Principles on Tolerance adopted by Member States of the United Nations Educational, Scientific and Cultural Organization on November 16, 1995. (3) A determination of whether United States foreign assistance is used, directly or indirectly, to fund the dissemination of such curriculum by the Palestinian Authority. (4) A detailed report on how United States assistance is being used to address curriculum that encourages violence or intolerance toward other nations or ethnic groups. (5) A detailed report on United States diplomatic efforts, during the 5-year period preceding the date on which the report is submitted, to encourage peace and tolerance in Palestinian education. (6) If any diplomatic efforts referred to in paragraph (5) were stopped by the Secretary of State, the reasons for such stoppages. (c) Public availability The Secretary of State shall post on a publicly available website of the Department of State each report required by subsection (a). (d) Subsequent deadlines Each report required by subsection (a), other than the first such report, shall be submitted not later than 90 days after the date on which a new school year begins for schools in areas controlled by the Palestinian Authority. | https://www.govinfo.gov/content/pkg/BILLS-117s3209is/xml/BILLS-117s3209is.xml |
117-s-3210 | II 117th CONGRESS 1st Session S. 3210 IN THE SENATE OF THE UNITED STATES November 15, 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 extend to Black veterans of World War II, and surviving spouses and certain direct descendants of such veterans, eligibility for certain housing loans and educational assistance administered by the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2021 . 2. Findings Congress finds the following: (1) African Americans played a pivotal role in the war effort during World War II, with more than 1,200,000 African Americans serving in the Armed Forces, and, by 1945, approximately 1.9 percent of all officers in the Armed Forces were African Americans. (2) Following World War II, the Servicemen’s Readjustment Act of 1944 (58 Stat. 284, commonly known as the GI Bill ) offered substantial material benefits to 16,000,000 veterans to assist them in reintegrating into civil society. (3) The GI Bill offered a range of economic and educational benefits administered by the Federal Government through the Secretary of the Veterans Administration, including monetary assistance to access higher education, government guarantees for housing loans, unemployment allowances, and civilian workforce reentry assistance. (4) Though the legislative text of the GI Bill was race neutral, the administration of benefits through national, State, and local Veterans Administration offices resulted in a pattern of discrimination against racial minorities, especially African Americans. (5) Veterans Administration benefits counselors denied African Americans access to educational benefits at certain universities and funneled applicants into industrial and vocational schools rather than higher education opportunities, with just 6 percent of African-American veterans of World War II earning a college degree, compared to 19 percent of White veterans of World War II. (6) In administering its housing guaranty program, the Veterans Administration adopted the Federal Housing Administration’s racial exclusion programs, also known as redlining, which excluded a significant number of African Americans from taking full advantage of the housing guaranty program. (7) The GI Bill created substantial economic growth and wealth accumulation for those who could benefit, but discriminatory administration of the program prevented many African-American veterans of World War II from enjoying the full economic prosperity of the post-war period. 3. Housing loans guaranteed by the Secretary of Veterans Affairs for Black veterans of World War II and survivors and certain direct descendants of such veterans (a) Establishment Chapter 37 of title 38, United States Code, is amended as follows: (1) Definition Section 3701(b) of such title is amended by adding at the end the following new paragraphs: (8) The term veteran also includes, for purposes of housing loans, an individual who— (A) is Black; (B) served on active duty as a member of the Armed Forces during World War II; and (C) certifies to the Secretary that such individual was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race. (9) The term veteran also includes, for purposes of housing loans, an individual who— (A) is the surviving spouse, child, grandchild, or other direct descendant of a veteran described in paragraph (8); (B) certifies to the Secretary that such veteran described in paragraph (8) was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race; and (C) is living on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2021 . . (2) Basic entitlement Section 3702(a)(2)(E) of such title is amended by adding at the end the following new subparagraph: (H) Each individual— (i) described in paragraph (8) or (9) of section 3701(b) of this title; and (ii) who applies for a housing loan during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2021 . . (b) Deadline The Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section. (d) GAO report Not later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received housing loan benefits pursuant to the amendments made by this section; and (2) the total value of housing loan benefits administered by the Secretary pursuant to the amendments made by this section. 4. Educational assistance for survivors and certain direct descendants of Black veterans of World War II (a) Entitlement Subsection (b) of section 3311 of title 38, United States Code, is amended by adding at the end the following new paragraph: (12) An individual— (A) described in section 3701(b)(9) of this title; and (B) who applies for educational assistance under this chapter during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2021 . . (b) Deadline The Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendment made by this section. (d) GAO report Not later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received educational assistance pursuant to the amendment made by this section; and (2) the total amount of educational assistance paid by the Secretary pursuant to the amendment made by this section. 5. Blue Ribbon panel on benefits and assistance for female and minority veterans (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, pursuant to the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App.), appoint a panel of independent experts on— (1) inequities in the distribution of benefits and assistance administered by the Secretary; and (2) military service by female and minority members of the Armed Forces. (b) Duties The panel shall develop recommendations regarding additional benefits and assistance for individuals described in subsection (a)(2), and related legislation. (c) Report Not later than one year after the date of the enactment of this Act, the panel shall submit to Congress and the President a report containing the recommendations developed under this section. | https://www.govinfo.gov/content/pkg/BILLS-117s3210is/xml/BILLS-117s3210is.xml |
117-s-3211 | II 117th CONGRESS 1st Session S. 3211 IN THE SENATE OF THE UNITED STATES November 15, 2021 Mr. Coons (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To continue the whole-of-government approach to ending global wildlife poaching and trafficking by permanently reauthorizing the activities of the Presidential Task Force on Wildlife Trafficking, and for other purposes.
1. Short title This Act may be cited as the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Reauthorization and Improvements Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) the United States Government should continue to work with international partners, including nations, nongovernmental organizations, and the private sector, to identify long-standing and emerging areas of concern in wildlife poaching and trafficking related to global supply and demand; and (2) the activities and required reporting of the Presidential Task Force on Wildlife Trafficking, established by Executive Order 13648 (78 Fed. Reg. 40621), and modified by sections 201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621 and 7631) should be reauthorized to minimize the disruption of the work of such Task Force. 3. Definitions Section 2 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 ( 16 U.S.C. 7601 ) is amended— (1) in paragraph (3), by inserting involving local communities after approach to conservation ; (2) by amending paragraph to read as follows: (4) Country of concern The term country of concern means a foreign country specially designated by the Secretary of State pursuant to section 201(b) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which— (A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or (B) the government facilitates such trafficking through conduct that may include a persistent failure to make serious and sustained efforts to prevent and prosecute such trafficking. ; and (3) in paragraph (11), by striking section 201 and inserting section 301 . 4. Framework for interagency response and reporting (a) Reauthorization of report on major wildlife trafficking countries Section 201 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 ( 16 U.S.C. 7621 ) is amended— (1) in subsection (a), by striking annually thereafter and inserting biennially thereafter by June 1 of each year in which a report is required ; and (2) by amending subsection (c) to read as follows: (c) Designation A country may be designated as a country of concern under subsection (b) regardless of such country’s status as a focus country. . (b) Presidential Task Force on Wildlife Trafficking responsibilities Section 301(a) of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 ( 16 U.S.C. 7631(a) ) is amended— (1) in paragraph (4), by striking and at the end; (2) by redesignating paragraph (5) as paragraph (10); and (3) by inserting after paragraph (4) the following: (5) pursue programs— (A) to expand the role of technology for anti-poaching and anti-trafficking efforts, in partnership with the private sector, foreign governments, academia, and nongovernmental organizations (including technology companies and the transportation and logistics sectors); and (B) to enable local governments to develop and use such technologies; (6) consider programs and initiatives that address the expansion of the illegal wildlife trade to digital platforms, including the use of digital currency and payment platforms for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social media, e-commerce, and search engine companies, as appropriate; (7) (A) establish and publish a procedure for removing from the list in the biennial report any country of concern that no longer meets the definition of country of concern under section 2(4); and (B) include details about such procedure in the next report required under section 201; (8) (A) implement interventions to address the drivers of poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern; (B) set benchmarks for measuring the effectiveness of such interventions; and (C) consider alignment and coordination with indicators developed by the Task Force; (9) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and . (c) Presidential Task Force on Wildlife Trafficking strategic review Section 301 of the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 ( 16 U.S.C. 7631 ), as amended by subsection (b), is further amended— (1) in subsection (d)— (A) in the matter preceding paragraph (1), by striking annually and inserting biennially ; (B) in paragraph (4), by striking and at the end; (C) in paragraph (5), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (6) an analysis of the indicators developed by the Task Force, and recommended by the Government Accountability Office, to track and measure inputs, outputs, law enforcement outcomes, and the market for wildlife products for each focus country listed in the report, including baseline measures, as appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus countries. ; and (2) by striking subsection (e). 5. Funding safeguards (a) Procedures for obtaining credible information Section 620M(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d(d) ) is amended— (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and (2) by inserting after paragraph (3) the following: (4) routinely request and obtain such information from the United States Agency for International Development, the United States Fish and Wildlife Service, and other relevant Federal agencies that partner with international nongovernmental conservation groups; . (b) Required implementation The Secretary of State shall implement the procedures established pursuant to section 620M(d) of the Foreign Assistance Act of 1961, as amended by subsection (a), including vetting individuals and units, whenever the United States Agency for International Development, the United States Fish and Wildlife Service, or any other relevant Federal agency that partners with international nongovernmental conservation groups provides assistance to any unit of the security forces of a foreign country. 6. Issuance of subpoenas in wildlife trafficking civil penalty enforcement actions (a) Endangered Species Act of 1973 Section 11(e) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(e) ) is amended by adding at the end the following: (7) Issuance of subpoenas (A) In general For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the delivery, receipt, carrying, transport, shipment, sale, or offer for sale in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary, may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation. (B) Fees and mileage for witnesses A witness summoned under subparagraph (A) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (C) Refusal to obey subpoenas (i) In general In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this paragraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. (ii) Failure to obey Any failure to obey an order issued by a court under clause (i) may be punished by that court as a contempt of that court. . (b) Lacey Act Amendments of 1981 Section 6 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375 ) is amended by adding at the end the following: (e) Issuance of subpoenas (1) In general For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under the Lacey Act of 1900 ( 16 U.S.C. 3371 et seq. ) or relating to the transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation. (2) Fees and mileage for witnesses A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (3) Refusal to obey subpoenas (A) In general In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. (B) Failure to obey Any failure to obey an order issued by a court under subparagraph (A) may be punished by that court as a contempt of that court. . (c) Bald and Golden Eagle Protection Act (1) Civil penalties Subsection (b) of the first section of the Act of June 8, 1940 ( 16 U.S.C. 668(b) ) (commonly known as the Bald and Golden Eagle Protection Act ), is amended— (A) by striking (b) Whoever, within the and inserting the following: (b) Civil penalties (1) In general Whoever, within the ; and (B) by adding at the end the following: (2) Hearings; issuance of subpoenas (A) Hearings Hearings held during proceedings for the assessment of civil penalties under paragraph (1) shall be conducted in accordance with section 554 of title 5, United States Code. (B) Issuance of subpoenas (i) In general For purposes of any hearing held during proceedings for the assessment of civil penalties under paragraph (1), the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. (ii) Fees and mileage for witnesses A witness summoned pursuant to clause (i) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (iii) Refusal to obey subpoenas (I) In general In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subparagraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. (II) Failure to obey Any failure to obey an order issued by a court under subclause (I) may be punished by that court as a contempt of that court. . (2) Investigatory subpoenas Section 3 of the Act of June 8, 1940 ( 16 U.S.C. 668b ) (commonly known as the Bald and Golden Eagle Protection Act ), is amended by adding at the end the following: (d) Issuance of subpoenas (1) In general For the purposes of any inspection or investigation relating to the import into or the export from the United States of any bald or golden eagles covered under this Act, or any parts, nests, or eggs of any such bald or golden eagles, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation. (2) Fees and mileage for witnesses A witness summoned under paragraph (1) shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (3) Refusal to obey subpoenas (A) In general In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. (B) Failure to obey Any failure to obey an order issued by a court under subparagraph (A) may be punished by that court as a contempt of that court. . | https://www.govinfo.gov/content/pkg/BILLS-117s3211is/xml/BILLS-117s3211is.xml |
117-s-3212 | II 117th CONGRESS 1st Session S. 3212 IN THE SENATE OF THE UNITED STATES November 15, 2021 Mr. Padilla (for himself, Mr. Durbin , Mrs. Feinstein , Mr. Markey , Mr. Booker , Mr. Blumenthal , Ms. Warren , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide benefits for noncitizen members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Veteran Deportation Prevention and Reform Act . 2. Sense of Congress It is the sense of Congress that— (1) military service to the United States is a sacrifice that demonstrates loyalty to our Nation; (2) a noncitizen who takes an oath of enlistment or an oath of office to join the United States Armed Forces, by promising to support and defend the Constitution of the United States against all enemies, foreign and domestic, deserves facilitated access to naturalization; (3) each noncitizen described in paragraph (2) and his or her immediate family members deserve consideration for the exercise of prosecutorial discretion in immigration removal proceedings; and (4) a noncitizen veteran who is deported after consideration under this Act should be provided the same veterans’ benefits to which a similarly situated United States citizen veteran would be entitled. 3. Definitions In this Act: (1) Advisory committee The term Advisory Committee means the Military Family Immigration Advisory Committee established pursuant to section 8. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate ; (B) the Committee on Homeland Security and Governmental Affairs of the Senate ; (C) the Committee on the Judiciary of the Senate ; (D) the Committee on Veterans' Affairs of the Senate ; (E) the Committee on Armed Services of the House of Representatives ; (F) the Committee on Homeland Security of the House of Representatives ; (G) the Committee on the Judiciary of the House of Representatives ; and (H) the Committee on Veterans’ Affairs of the House of Representatives . (3) Armed forces The term Armed Forces has the meaning given the term armed forces in section 101(a)(4) of title 10, United States Code, and includes the reserve components of the Armed Forces. (4) Advisory committee The term Advisory Committee means the Military Family Immigration Advisory Committee established pursuant to section 8. (5) Covered family member The term covered family member means the noncitizen spouse, noncitizen parent, or noncitizen minor child of— (A) a member of the Armed Forces serving on active duty or in a reserve component; or (B) a veteran. (6) Crime of violence The term crime of violence means an offense defined in section 16(a) of title 18, United States Code— (A) that is not a purely political offense; and (B) for which a noncitizen has served a term of imprisonment of at least 5 years. (7) Eligible veteran (A) In general The term eligible veteran means a veteran who— (i) is a noncitizen; and (ii) meets the criteria described in section 12(e). (B) Inclusion The term eligible veteran includes a veteran who— (i) was removed from the United States; or (ii) is abroad and is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (8) Immigration laws The term immigration laws has the meaning given such term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (9) Noncitizen The term noncitizen means an individual who is not a citizen or national of the United States (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )). (10) Veteran The term veteran means a person who served as a member of the Armed Forces on active duty or in a reserve component and who was discharged or released from such service under conditions other than dishonorable. 4. Identification of members of the Armed Forces, veterans, and covered family members in removal proceedings (a) In general No Federal agency may initiate removal proceedings or reinstatement of a removal order without first asking the individual, and recording the answer in a searchable electronic database, whether such individual is— (1) a member of the Armed Forces serving on active duty or in a reserve component; (2) a veteran; or (3) a covered family member. (b) Transfer of case files The Director of U.S. Immigration and Customs Enforcement, the Director of U.S. Citizenship and Immigration Services, and the Commissioner of U.S. Customs and Border Patrol, as applicable, shall transfer a copy of the complete case file of any individual identified under subsection (a), immediately after such identification, to the Advisory Committee. (c) Limitation on removal Notwithstanding any other provision of law, an individual described in subsection (a) may not be ordered removed or removed until the Military Family Immigration Advisory Committee has provided recommendations with respect to such individual to the Secretary of Homeland Security and to the Attorney General in accordance with section 8. (d) Prohibition of detention during Advisory Committee review Notwithstanding any other provision of law, no individual described in paragraph (1), (2), or (3) of subsection (a) may be detained by the Department of Homeland Security while the Advisory Committee is reviewing his or her case unless such individual poses a danger to public safety or national security. 5. Study and report on noncitizen veterans removed from the United States (a) Study required Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly carry out a study of noncitizen veterans of the Armed Forces who were removed from the United States during the period beginning on January 1, 1990, and ending on the date of the enactment of this Act, which shall include— (1) the number of noncitizens removed by U.S. Immigration and Customs Enforcement or the Immigration and Naturalization Service during the period covered by the report who served on active duty in the Armed Forces or in a reserve component of the Armed Forces; (2) for each noncitizen described in paragraph (1)— (A) the country of origin of the noncitizen; (B) the length of time the noncitizen served as a member of the Armed Forces; (C) the number of covered family members of the noncitizen, as applicable; (D) the grounds for removal under section 212(a) or 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) and 1227(a)), as applicable; (E) whether the noncitizen appealed the removal order; (F) whether the noncitizen was detained; and (G) whether the noncitizen was represented by a lawyer; (3) the number of noncitizens described in paragraph (1) who— (A) were discharged or released from service under honorable conditions; (B) were deployed overseas; (C) served on active duty in the Armed Forces in an overseas contingency operation; (D) were awarded military decorations, campaign medals, or service medals; (E) applied for benefits under laws administered by the Secretary of Veterans Affairs; or (F) are receiving benefits described in subparagraph (E); (4) a description of the reasons preventing any of the noncitizens who applied for benefits described in paragraph (3)(E) from receiving such benefits; (5) the number of noncitizens who— (A) currently serve or previously served as a member of the Armed Forces; and (B) are currently in removal proceedings; and (6) for each noncitizen described in paragraph (5), the grounds for inadmissibility or deportability under section 212(a) or 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) and 1227(a)), as applicable. (b) Report Not later than 90 days after the date of the completion of the study required under subsection (a), the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall jointly submit a report containing the results of such study to the appropriate congressional committees. 6. Information regarding veterans subject to removal proceedings (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall create a system to maintain information, that is shared across the Department of Homeland Security (including Enforcement and Removal Operations, the Office of the Principal Legal Advisor, and Homeland Security Investigations), regarding potentially removable noncitizen veterans (including the names and last known addresses of such individuals) and removal proceedings with respect to any such individual, for the purpose of ensuring that service in the Armed Forces of any such individual is taken into consideration during any adjudication under the immigration laws with respect to such individual, including— (1) information collected pursuant to the protocol established under section 7(a); (2) information regarding the covered family members of the noncitizens described in section 7(a)(1); and (3) information provided by the Secretary of Defense pursuant subsection (b). (b) Provision of information by Department of Defense Not later than 30 days after a noncitizen veteran is honorably discharged from the Armed Forces, the Secretary of Defense shall provide to the Secretary of Homeland Security a copy of the Certificate of Release or Discharge from Active Duty form, or other discharge documents from a Reserve Component, for inclusion in the system established pursuant to subsection (a). (c) Confidentiality Information collected under this section or under section 7 may not be disclosed for purposes of immigration enforcement. 7. Protocol for identifying noncitizen veterans (a) In general Not later than the last day of the first fiscal year beginning after the date of the enactment of this Act, the Secretary of Homeland Security shall establish— (1) a protocol, which shall be known as the Immigrant Veterans Eligibility Tracking System or I–VETS , for— (A) identifying noncitizens who are or may be veterans and the covered family members of such veterans; and (B) collecting and maintaining data, for use by U.S. Immigration and Customs Enforcement, with respect to such veterans and covered family members who are— (i) are in removal proceedings; or (ii) have been removed; (2) best practices with respect to addressing issues related to the removal of any noncitizen or covered family member described in paragraph (1); and (3) an annual training program with respect to the protocol and best practices established under paragraphs (1) and (2). (b) Training Beginning in the first fiscal year that begins after the Secretary of Homeland Security completes the requirements under subsection (a), personnel of U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services shall annually participate in the training program on the protocol and best practices developed pursuant to subsection (a). 8. Military Family Immigration Advisory Committee (a) Establishment The Secretary of Homeland Security, in consultation with the Secretary of Defense and in cooperation with the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the Commandant of the Coast Guard, shall establish the Military Family Immigration Advisory Committee to provide recommendations to the Secretary of Homeland Security and the Attorney General regarding the exercise of prosecutorial discretion in cases involving removal proceedings of individuals described in section 4(a). (b) Membership The Advisory Committee shall be composed of the following officers of the Armed Forces: (1) The Deputy Commanding General of Army Human Resources Command, or designee. (2) The Judge Advocate of the Army, or designee. (3) The Deputy Commander of Navy Personnel Command, or designee. (4) The Judge Advocate of the Navy, or designee. (5) The Vice Chief of Staff of the Air Force. (6) The Judge Advocate of the Air Force, or designee. (7) The Deputy Commandant for Mission Support of the Coast Guard. (8) The Judge Advocate of the Coast Guard, or designee. (9) The Deputy Commandant of Manpower and Reserve Affairs of the Marine Corps, or designee. (10) The Chief of Space Operations. (c) Case reviews (1) In general Not later than 30 days after the Director of U.S. Immigration and Customs Enforcement notifies the Advisory Committee of an individual described in section 4(a), the Advisory Committee shall meet to review the case and to provide a written recommendation to the Secretary of Homeland Security and to such individual regarding whether the individual— (A) notwithstanding the grounds for removal asserted by U.S. Immigration and Customs Enforcement, should be granted— (i) a dismissal or termination of removal procedures; (ii) a stay of removal or cancellation of removal and allowed to apply for asylum; (iii) an adjustment of status to that of an alien lawfully admitted for permanent residence; (iv) deferred action; (v) parole; or (vi) other applicable immigration relief; or (B) should be removed from the United States. (2) Submission of information An individual who is the subject of a case review under paragraph (1) may submit information to the Advisory Committee, which shall be considered by the Advisory Committee before making a recommendation pursuant to paragraph (1). (3) Procedures In conducting each case review under paragraph (1), the Advisory Committee shall consider, as factors weighing in favor of a recommendation under paragraph (1)(A)— (A) with respect to a member of the Armed Forces serving on active duty or in a reserve component, whether the individual— (i) took an oath of enlistment or an oath of office; (ii) received military decorations, campaign medals, or service medals, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces; (iii) is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces; (iv) contributed to his or her local community during his or her service in the Armed Forces; and (v) is a national of a country that— (I) persecutes members or veterans of the United States military; (II) is home to criminal organizations that target and recruit veterans of the United States military; or (III) has hostile relations with the United States; or (B) with respect to a veteran, whether the individual— (i) took an oath of enlistment or an oath of office; (ii) completed a term of service in the Armed Forces and was discharged under conditions other than dishonorable; (iii) received military decorations, campaign medals, or service medals, was deployed, or was otherwise evaluated for merit in service during his or her service in the Armed Forces; (iv) is a national of a country that prohibits repatriation of an individual after any service in the Armed Forces; (v) contributed to his or her local community during or after his or her service in the Armed Forces; or (vi) is a national of a country that— (I) persecutes members or veterans of the United States military; (II) is home to criminal organizations that target and recruit veterans of the Unites States military; or (III) has hostile relations with the United States; and (C) with respect to a covered family member, whether the individual— (i) supported a member of the Armed Forces serving on active duty or a veteran, including through financial support, emotional support, or caregiving; or (ii) contributed to his or her local community during or after the military service of the member or of the veteran. (4) Presumption in favor of following advisory committee recommendation The Secretary of Homeland Security shall follow the recommendations received from the Advisory Committee pursuant to paragraph (1) with respect to individuals in removal proceedings unless the Secretary, on a case-by-case basis— (A) issues a written determination that a recommendation regarding an individual described in section 4(a) is unjustified; and (B) provides such written determination to such individual. (d) Consultation with Principal Legal Advisor of U.S. Immigration and Customs Enforcement The Principal Legal Advisor of U.S. Immigration and Customs Enforcement, or designee, shall consult with the Advisory Committee at the request of members of the Advisory Committee. (e) Briefings on unsuitability of noncitizen members of the Armed Forces The Under Secretary of Defense for Personnel and Readiness shall provide detailed briefings to the Advisory Committee regarding the reasons for determining the unsuitability of noncitizen members of the Armed Forces whose cases are being considered by the Advisory Committee. (f) Briefings on actions in response to recommendations Not less frequently than quarterly, the Secretary of Homeland Security shall provide detailed briefings to the Advisory Committee regarding actions taken in response to the recommendations of the Advisory Committee, including detailed explanations for any cases in which a recommendation of the Advisory Committee was not followed. (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. 9. List of countries unwilling to repatriate United States veterans The Secretary of Homeland Security, in consultation with the Secretary of State, shall compile, and annually update, a list of countries that refuse to repatriate nationals of such country who have enlisted or been appointed in the United States Armed Forces. 10. Program of citizenship through military service (a) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and the Secretary of Defense shall jointly carry out a program under which any individual noncitizen who serves in the Armed Forces, and the covered family members of such noncitizen, shall be naturalized as a United States citizen if such individual, and such covered family members, submit an application for naturalization and are not otherwise ineligible for citizenship under the immigration laws. (b) J AG training The Secretary of Defense shall ensure that appropriate members of the Judge Advocate General Corps of the Armed Forces shall receive training to function as liaisons with U.S. Citizenship and Immigration Services with respect to applications for citizenship of noncitizen members of the Armed Forces assigned to units in such areas. (c) Training for recruiters The Secretary of Defense shall ensure that all recruiters in the Armed Forces receive training regarding— (1) the steps required for a noncitizen member of the Armed Forces to become a naturalized United States citizen; (2) limitations on the path to citizenship for family members of such noncitizens; and (3) points of contact at the Department of Homeland Security to resolve emergency immigration-related situations with respect to such noncitizens and family members. (d) Application for naturalization (1) Biometrics (A) Submission of biometric information The Secretary of Defense shall ensure that, at the time of accession into the Armed Forces, biometric information of an individual who has applied, or who plans to apply, for naturalization is submitted to U.S. Citizenship and Immigration Services for the purposes of such application. (B) Acceptance of biometric information The Director of U.S. Citizenship and Immigration Services shall accept any biometric information submitted pursuant to subparagraph (A). (2) Filing of application The Secretary of Homeland Security, in coordination with the Secretary of Defense, shall ensure that each noncitizen individual who accesses into the Armed Forces is permitted to file an application for naturalization as part of the accessions process. (3) Adjudication of application The Secretary of Homeland Security, in coordination with the Secretary of Defense, shall ensure that the application for naturalization of any individual who applies for naturalization during the accessions process into the Armed Forces is adjudicated not later than the last day of active service of such individual in the Armed Forces. (e) Annual reports The Secretary of each military department shall submit an annual report to the appropriate congressional committees regarding— (1) the number of all noncitizens who enlisted or were appointed in their department; (2) the number of members of the Armed Forces in their department who have become naturalized United States citizens; and (3) the number of members of the Armed Forces in their department who were discharged or released without United States citizenship under the jurisdiction of such Secretary during the preceding year. 11. Information for military recruits regarding naturalization through service in the Armed Forces The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall ensure that at each Military Entrance Processing Station there is stationed or employed— (1) an employee of U.S. Citizenship and Immigration Services; or (2) in the case that the Secretary determines that it is impracticable station or employ a person described in paragraph (1) at a Military Entrance Processing Station, a member of the Armed Forces or employee of the Department of Defense— (A) whom the Secretary determines is trained in the immigration laws; and (B) who shall inform each military recruit who is not a citizen of the United States processed at such Military Entrance Processing Station regarding naturalization through service in the Armed Forces under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440). 12. Return of eligible veterans removed from the United States; adjustment of status (a) Program for admission and adjustment of status Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a program and an application procedure that allows— (1) eligible veterans residing outside of the United States and their covered family members to be admitted to the United States as noncitizens lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) )); and (2) eligible veterans in the United States and their covered family members to adjust their status to that of noncitizens lawfully admitted for permanent residence. (b) Veterans ordered removed (1) In general Not later than 180 days after the date of the enactment of this Act, in the case of noncitizen veterans and their covered family members who are the subjects of final orders of removal, including noncitizen veterans and covered family members who are outside the United States, the Attorney General shall— (A) reopen the removal proceedings of each such noncitizen veteran and covered family member; and (B) make a determination with respect to whether each such noncitizen veteran is an eligible veteran. (2) Rescission of removal order In the case of a determination under paragraph (1)(B) that a noncitizen veteran is an eligible veteran, the Attorney General shall— (A) rescind the order of removal with respect to such noncitizen and his or her covered family members; (B) adjust the status of the eligible veteran and his or her covered family members to that of noncitizens lawfully admitted for permanent residence; and (C) terminate removal proceedings with respect to such noncitizen and covered family members. (c) Veterans in removal proceedings (1) In general Not later than 180 days after the date of the enactment of this Act, in the case of noncitizen veterans, the removal proceedings of whom are pending as of the date of the enactment of this Act, the Attorney General shall make a determination with respect to whether each such noncitizen veteran is an eligible veteran. (2) Termination of proceedings In the case of a determination under paragraph (1) that a noncitizen veteran is an eligible veteran, the Attorney General shall— (A) adjust the status of such eligible veteran and his or her covered family members to reinstate that of noncitizens lawfully admitted for permanent residence; and (B) terminate removal proceedings with respect to such eligible veteran and covered family members. (d) No numerical limitations Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of veterans who may be eligible to receive a benefit under this section. (e) Eligibility (1) In general Notwithstanding sections 212 and 237 of the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) or any other provision of law, a noncitizen veteran and his or her covered family members shall be eligible to participate in the program established under subsection (a) or for adjustment of status under subsections (b) or (c), as applicable, if the Secretary or the Attorney General, as applicable, determines that the noncitizen veteran or covered family members— (A) were not removed or ordered removed from the United States based on a conviction for— (i) a crime of violence; or (ii) a crime that endangers the national security of the United States for which the noncitizen veteran has served a term of imprisonment of at least 5 years; and (B) are not inadmissible to, or deportable from, the United States based on a conviction for a crime described in subparagraph (A). (2) Waiver The Secretary may waive the application of paragraph (1)— (A) for humanitarian purposes; (B) to ensure family unity; (C) based on exceptional service in the Armed Forces; or (D) if a waiver otherwise is in the public interest. 13. Establishing good moral character of applicants for citizenship who served honorably in the Armed Forces of the United States Section 328(e) of the Immigration and Nationality Act ( 8 U.S.C. 1439(e) ) is amended by adding at the end the following: Notwithstanding section 101(f), a finding that an applicant under this section or under section 329 is described in any of paragraphs (1) through (8) of section 101(f) (except in the case of an applicant who is described in any such paragraph because of having been convicted of an aggravated felony described in subparagraph (A), (I), (K), or (L) of section 101(a)(43)) shall not preclude a finding that the applicant is of good moral character. . | https://www.govinfo.gov/content/pkg/BILLS-117s3212is/xml/BILLS-117s3212is.xml |
117-s-3213 | II 117th CONGRESS 1st Session S. 3213 IN THE SENATE OF THE UNITED STATES November 16, 2021 Mr. Van Hollen (for himself, Mr. Tester , Ms. Hassan , Mr. Casey , Ms. Smith , Ms. Hirono , Mr. Reed , Mr. Blumenthal , Mr. Kaine , Mr. Durbin , Mr. Cardin , Mr. Brown , Ms. Cortez Masto , Mr. Booker , Mr. Luján , Ms. Warren , Mr. Markey , Ms. Baldwin , Mr. Wyden , Mrs. Gillibrand , Mrs. Shaheen , Ms. Stabenow , Mr. Padilla , Mr. Menendez , Ms. Klobuchar , Mr. Murphy , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.
1. Short title This Act may be cited as the IDEA Full Funding Act . 2. Mandatory funding of the Individuals with Disabilities Education Act Section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) ) is amended to read as follows: (i) Funding (1) In general For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated— (A) $15,537,429,000 or 15.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $2,599,972,000 or 2.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; (B) $17,443,989,000 or 16.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $3,463,597,000 or 3.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; (C) $19,584,498,000 or 18.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $4,649,809,000 or 4.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; (D) $21,987,664,000 or 20.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, and there are hereby appropriated $6,242,273,000 or 5.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, which shall become available for obligation on July 1, 2025, and shall remain available through September 30, 2026; (E) $24,685,716,000 or 22.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, and there are hereby appropriated $8,380,125,000 or 7.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, which shall become available for obligation on July 1, 2026, and shall remain available through September 30, 2027; (F) $27,714,840,000 or 24.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, and there are hereby appropriated $11,250,146,000 or 10.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, which shall become available for obligation on July 1, 2027, and shall remain available through September 30, 2028; (G) $31,115,660,000 or 26.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, and there are hereby appropriated $15,103,092,000 or 13.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, which shall become available for obligation on July 1, 2028, and shall remain available through September 30, 2029; (H) $34,933,787,000 or 29.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, and there are hereby appropriated $20,275,592,000 or 17.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, which shall become available for obligation on July 1, 2029, and shall remain available through September 30, 2030; (I) $39,220,426,000 or 32.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, and there are hereby appropriated $27,219,569,000 or 22.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, which shall become available for obligation on July 1, 2030, and shall remain available through September 30, 2031; and (J) $49,436,259,000 or 40.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031 and each subsequent fiscal year, and there are hereby appropriated $49,436,259,000 or 40.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031 and each subsequent fiscal year, which— (i) shall become available for obligation with respect to fiscal year 2031 on July 1, 2031, and shall remain available through September 30, 2032; and (ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. (2) Amount With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of— (A) the total number of children with disabilities in all States who— (i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and (ii) were aged— (I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and (II) 6 through 21; and (B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s3213is/xml/BILLS-117s3213is.xml |
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